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



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-825
_______________________________________________________________________


 
 MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
                          FOR FISCAL YEAR 1999

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 4328





                October 19, 1998.--Ordered to be printed



         MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL

                   APPROPRIATIONS FOR FISCAL YEAR 1999



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-825
_______________________________________________________________________


 MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
                          FOR FISCAL YEAR 1999

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 4328





                October 19, 1998.--Ordered to be printed


105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-825
_______________________________________________________________________


 MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
                          FOR FISCAL YEAR 1999

                                _______
                                

                October 19, 1998.--Ordered to be printed

_______________________________________________________________________


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

                           CONFERENCE REPORT

                        [To accompany H.R. 4328]

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

            DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS

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

 AN ACT Making appropriations for Agriculture, Rural Development, Food 
   and Drug Administration, and Related Agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary


                     (including transfers of funds)


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

                          Executive Operations


                            chief economist


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


                       national appeals division


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

                 Office of Budget and Program Analysis

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

                Office of the Chief Information Officer

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

                 Office of the Chief Financial Officer

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)


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

                       Hazardous Waste Management


                     (including transfers of funds)


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

                      Departmental Administration


                     (including transfers of funds)


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


              outreach for socially disadvantaged farmers


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

     Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)


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

                        Office of Communications

    For necessary expenses to carry on services relating to the 
coordination of programs involving public affairs, for the 
dissemination of agricultural information, and the coordination 
of information, work, and programs authorized by Congress in 
the Department, $8,138,000, including employment pursuant to 
the second sentence of section 706(a) of the Organic Act of 
1944 (7 U.S.C. 2225), of which not to exceed $10,000 shall be 
available for employment under 5 U.S.C. 3109, and not to exceed 
$2,000,000 may be used for farmers' bulletins.

                    Office of the Inspector General


                     (including transfers of funds)


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

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

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

                       Economic Research Service


                     (including transfer of funds)


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

                National Agricultural Statistics Service

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

                     Agricultural Research Service


                     (including transfers of funds)


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

                        buildings and facilities

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

      Cooperative State Research, Education, and Extension Service


                   research and education activities


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

              Native American Institutions Endowment Fund

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

                          Extension Activities

    Payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, Northern Marianas, and 
American Samoa: For payments for cooperative extension work 
under the Smith-Lever Act, to be distributed under sections 
3(b) and 3(c) of said Act, and under section 208(c) of Public 
Law 93-471, for retirement and employees' compensation costs 
for extension agents and for costs of penalty mail for 
cooperative extension agents and State extension directors, 
$276,548,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 
343(b)(3)),$2,060,000; payments for the nutrition and family education 
program for low-income areas under section 3(d) of the Act, 
$58,695,000; payments for the pest management program under section 
3(d) of the Act, $10,783,000; payments for the farm safety program 
under section 3(d) of the Act, $3,000,000; payments for the pesticide 
impact assessment program under section 3(d) of the Act, $3,214,000; 
payments to upgrade research, extension, and teaching facilities at the 
1890 land-grant colleges, including Tuskegee University, as authorized 
by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $8,426,000, to 
remain available until expended; payments for the rural development 
centers under section 3(d) of the Act, $908,000; payments for a 
groundwater quality program under section 3(d) of the Act, $9,561,000; 
payments for youth-at-risk programs under section 3(d) of the Act, 
$9,000,000; payments for a food safety program under section 3(d) of 
the Act, $7,365,000; payments for carrying out the provisions of the 
Renewable Resources Extension Act of 1978, $3,192,000; payments for 
Indian reservation agents under section 3(d) of the Act, $1,714,000; 
payments for sustainable agriculture programs under section 3(d) of the 
Act, $3,309,000; payments for rural health and safety education as 
authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note, 
2662), $2,628,000; payments for cooperative extension work by the 
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 
321-326 and 328) and Tuskegee University, $25,843,000; and for Federal 
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and 
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and 
to coordinate and provide program leadership for the extension work of 
the Department and the several States and insular possessions, 
$11,741,000; in all, $437,987,000: Provided, That funds hereby 
appropriated pursuant to section 3(c) of the Act of June 26, 1953, and 
section 506 of the Act of June 23, 1972, shall not be paid to any 
State, the District of Columbia, Puerto Rico, Guam, or the Virgin 
Islands, Micronesia, Northern Marianas, and American Samoa prior to 
availability of an equal sum from non-Federal sources for expenditure 
during the current fiscal year.

Office of the Assistant Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service


                         salaries and expenses


                     (including transfers of funds)


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

                        buildings and facilities

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

                     Agricultural Marketing Service


                           marketing services


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


                 limitation on administrative expenses


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


    funds for strengthening markets, income, and supply (section 32)


                     (including transfers of funds)


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


                   payments to states and possessions


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

        Grain Inspection, Packers and Stockyards Administration


                         salaries and expenses


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


        limitation on inspection and weighing services expenses


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


             office of the under secretary for food safety


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

                   Food Safety and Inspection Service

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

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency


                         salaries and expenses


                     (including transfers of funds)


    For necessary expenses for carrying out the administration 
and implementation of programs administered by the Farm Service 
Agency, $714,499,000: Provided, That the Secretary is 
authorized to use the services, facilities, and authorities 
(but not the funds) of the Commodity Credit Corporation to make 
program payments for all programs administered by the Agency: 
Provided further, That other funds made available to the Agency 
for authorized activities may be advanced to and merged with 
this account: Provided further, That these funds shall be 
available for employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and 
not to exceed $1,000,000 shall be available for employment 
under 5 U.S.C. 3109.


                         state mediation grants


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


                        dairy indemnity program


                     (including transfers of funds)


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


           agricultural credit insurance fund program account


                     (including transfers of funds)


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

                         Risk Management Agency

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

                              CORPORATIONS

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


                federal crop insurance corporation fund


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

                   Commodity Credit Corporation Fund


                 reimbursement for net realized losses


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


       operations and maintenance for hazardous waste management


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

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service


                        conservation operations


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


                     watershed surveys and planning


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


               watershed and flood prevention operations


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


                 resource conservation and development


    For necessary expenses in planning and carrying out 
projects for resource conservation and development and for 
sound land use pursuant to the provisions of section 32(e) of 
title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-
1011; 76 Stat. 607), the Act of April 27, 1935 (16 U.S.C. 590a-
f), and the Agriculture and Food Act of 1981 (16 U.S.C. 3451-
3461), $35,000,000, to remain available until expended (7 
U.S.C. 2209b): Provided, That this appropriation shall be 
available for employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and 
not to exceed $50,000 shall be available for employment under 5 
U.S.C. 3109.


                      forestry incentives program


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

                               TITLE III

           RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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


                  rural community advancement program


                     (including transfers of funds)


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

                         Rural Housing Service


              rural housing insurance fund program account


                     (including transfers of funds)


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


                       rental assistance program


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


                  mutual and self-help housing grants


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


                    rural housing assistance grants


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


                         salaries and expenses


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

                   Rural Business-Cooperative Service


              rural development loan fund program account


                     (including transfers of funds)


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


            rural economic development loans program account


                     (including transfers of funds)


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


                  rural cooperative development grants


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


                         salaries and expenses


    For necessary expenses of the Rural Business-Cooperative 
Service, including administering the programs authorized by the 
Consolidated Farm and Rural Development Act; section 1323 of 
the Food Security Act of 1985; the Cooperative Marketing Act of 
1926; for activities relating to the marketing aspects of 
cooperatives, including economic research findings, as 
authorized by the Agricultural Marketing Act of 1946; for 
activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative 
agreements; $25,680,000: Provided, That this appropriation 
shall be available for employment pursuant to the second 
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $260,000 may be used for employment 
under 5 U.S.C. 3109.

  Alternative Agricultural Research and Commercialization Corporation 
                             Revolving Fund

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

                        Rural Utilities Service


   rural electrification and telecommunications loans program account


                     (including transfers of funds)


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


                  rural telephone bank program account


                     (including transfers of funds)


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


               distance learning and telemedicine program


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


                         salaries and expenses


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

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service


                        child nutrition programs


                     (including transfers of funds)


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


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


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


                           food stamp program


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

                      commodity assistance program

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


              food donations programs for selected groups


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

                      food program administration

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

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

         Foreign Agricultural Service and General Sales Manager


                     (including transfers of funds)


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


               public law 480 program and grant accounts


                     (including transfers of funds)


    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including 
interest thereon, under the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1691, 1701-1704, 1721-1726a, 
1727-1727e, 1731-1736g-3, and 1737), as follows: (1) 
$203,475,000 for Public Law 480 title I credit, including Food 
for Progress programs; (2) $16,249,000 is hereby appropriated 
for ocean freight differential costs for the shipment of 
agricultural commodities pursuant to title I of said Act and 
the Food for Progress Act of 1985; (3) $837,000,000 is hereby 
appropriated for commodities supplied in connection with 
dispositions abroad pursuant to title II of said Act; and (4) 
$25,000,000 is hereby appropriated for commodities supplied in 
connection with dispositions abroad pursuant to title III of 
said Act: Provided, That not to exceed 15 percent of the funds 
made available to carry out any title of said Act may be used 
to carry out any other title of said Act: Provided further, 
That such sums shall remain available until expended (7 U.S.C. 
2209b).
    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of direct credit agreements 
as authorized by the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, 
including the cost of modifying credit agreements under said 
Act, $176,596,000.
    In addition, for administrative expenses to carry out the 
Public Law 480 title I credit program, and the Food for 
Progress Act of 1985, to the extent funds appropriated for 
Public Law 480 are utilized, $1,850,000, of which $1,035,000 
may be transferred to and merged with the appropriation for 
``Foreign Agricultural Service and General Sales Manager'' and 
$815,000 may be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and 
Expenses''.


       commodity credit corporation export loans program account


                     (including transfers of funds)


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

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses


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


                        buildings and facilities


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

                       DEPARTMENT OF THE TREASURY

                      Financial Management Service


  payments to the farm credit system financial assistance corporation


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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

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

                       Farm Credit Administration


                 limitation of administrative expenses


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

                     TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the fiscal year 1999 under this Act shall be 
available for the purchase, in addition to those specifically 
provided for, of not to exceed 440 passenger motor vehicles, of 
which 437 shall be for replacement only, and for the hire of 
such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Not less than $1,500,000 of the appropriations of 
the Department of Agriculture in this Act for research and 
service work authorized by the Acts of August 14, 1946, and 
July 28, 1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 
of title 31, United States Code, shall be available for 
contracting in accordance with said Acts and chapter.
    Sec. 704. The cumulative total of transfers to the Working 
Capital Fund for the purpose of accumulating growth capital for 
data services and National Finance Center operations shall not 
exceed $2,000,000: Provided, That no funds in this Act 
appropriated to an agency of the Department shall be 
transferred to the Working Capital Fund without the approval of 
the agency administrator.
    Sec. 705. New obligational authority provided for the 
following appropriation items in this Act shall remain 
available until expended (7 U.S.C. 2209b): Animal and Plant 
Health Inspection Service, the contingency fund to meet 
emergency conditions, fruit fly program, integrated systems 
acquisition project, and up to $2,000,000 for costs associated 
with collocating regional offices; Farm Service Agency, 
salaries and expenses funds made available to county 
committees; and Foreign Agricultural Service, middle-income 
country training program.
    New obligational authority for the boll weevil program; up 
to 10 percent of the screwworm program of the Animal and Plant 
Health Inspection Service; Food Safety and Inspection Service, 
field automation and information management project; funds 
appropriated for rental payments; funds for the Native American 
Institutions Endowment Fund in the Cooperative State Research, 
Education, and Extension Service; and funds for the competitive 
research grants (7 U.S.C. 450i(b)), shall remain available 
until expended.
    Sec. 706. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations 
available to the Department of Agriculture in this Act shall be 
available to provide appropriate orientation and language 
training pursuant to Public Law 94-449.
    Sec. 708. No funds appropriated by this Act may be used to 
pay negotiated indirect cost rates on cooperative agreements or 
similar arrangements between the United States Department of 
Agriculture and nonprofit institutions in excess of 10 percent 
of the total direct cost of the agreement when the purpose of 
such cooperative arrangements is to carry out programs of 
mutual interest between the two parties. This does not preclude 
appropriate payment of indirect costs on grants and contracts 
with such institutions when such indirect costs are computed on 
a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. Notwithstanding any other provision of this Act, 
commodities acquired by the Department in connection with 
Commodity Credit Corporation and section 32 price support 
operations may be used, as authorized by law (15 U.S.C. 714c 
and 7 U.S.C. 612c), to provide commodities to individuals in 
cases of hardship as determined by the Secretary of 
Agriculture.
    Sec. 710. None of the funds in this Act shall be available 
to restrict the authority of the Commodity Credit Corporation 
to lease space for its own use or to lease space on behalf of 
other agencies of the Department of Agriculture when such space 
will be jointly occupied.
    Sec. 711. None of the funds in this Act shall be available 
to pay indirect costs on research grants awarded competitively 
by the Cooperative State Research, Education, and Extension 
Service that exceed 14 percent of total Federal funds provided 
under each award: Provided, That notwithstanding section 1462 
of the National Agricultural Research, Extension, and Teaching 
Policy Act of 1977 (7U.S.C. 3310), funds provided by this Act 
for grants awarded competitively by the Cooperative State Research, 
Education, and Extension Service shall be available to pay full 
allowable indirect costs for each grant awarded under the Small 
Business Innovation Development Act of 1982, Public Law 97-219 (15 
U.S.C. 638).
    Sec. 712. Notwithstanding any other provisions of this Act, 
all loan levels provided in this Act shall be considered 
estimates, not limitations.
    Sec. 713. Appropriations to the Department of Agriculture 
for the cost of direct and guaranteed loans made available in 
fiscal year 1999 shall remain available until expended to cover 
obligations made in fiscal year 1999 for the following 
accounts: the rural development loan fund program account; the 
Rural Telephone Bank program account; the rural electrification 
and telecommunications loans program account; and the rural 
economic development loans program account.
    Sec. 714. Such sums as may be necessary for fiscal year 
1999 pay raises for programs funded by this Act shall be 
absorbed within the levels appropriated by this Act.
    Sec. 715. Notwithstanding the Federal Grant and Cooperative 
Agreement Act, marketing services of the Agricultural Marketing 
Service; Grain Inspection, Packers and Stockyards 
Administration; and the Animal and Plant Health Inspection 
Service may use cooperative agreements to reflect a 
relationship between the Agricultural Marketing Service, the 
Grain Inspection, Packers and Stockyards Administration or the 
Animal and Plant Health Inspection Service and a State or 
Cooperator to carry out agricultural marketing programs or to 
carry out programs to protect the Nation's animal and plant 
resources.
    Sec. 716. Notwithstanding the Federal Grant and Cooperative 
Agreement Act, the Natural Resources Conservation Service may 
enter into contracts, grants, or cooperative agreements with a 
State agency or subdivision, or a public or private 
organization, for the acquisition of goods or services, 
including personal services, to carry out natural resources 
conservation activities: Provided, That Commodity Credit 
Corporation funds obligated for such purposes shall not exceed 
the level obligated by the Commodity Credit Corporation for 
such purposes in fiscal year 1998.
    Sec. 717. None of the funds in this Act may be used to 
retire more than 5 percent of the Class A stock of the Rural 
Telephone Bank or to maintain any account or subaccount within 
the accounting records of the Rural Telephone Bank the creation 
of which has not specifically been authorized by statute: 
Provided, That notwithstanding any other provision of law, none 
of the funds appropriated or otherwise made available in this 
Act may be used to transfer to the Treasury or to the Federal 
Financing Bank any unobligated balance of the Rural Telephone 
Bank telephone liquidating account which is in excess of 
current requirements and such balance shall receive interest as 
set forth for financial accounts in section 505(c) of the 
Federal Credit Reform Act of 1990.
    Sec. 718. Hereafter, none of the funds made available in 
this Act may be used to provide assistance to, or to pay the 
salaries of personnel to carry out a market promotion/market 
access program pursuant to section 203 of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5623) that provides assistance to 
the United States Mink Export Development Council or any mink 
industry trade association.
    Sec. 719. Of the funds made available by this Act, not more 
than $1,800,000 shall be used to cover necessary expenses of 
activities related to all advisory committees, panels, 
commissions, and task forces of the Department of Agriculture, 
except for panels used to comply with negotiated rule makings 
and panels used to evaluate competitively awarded grants: 
Provided, That interagency funding is authorized to carry out 
the purposes of the National Drought Policy Commission.
    Sec. 720. None of the funds appropriated in this Act may be 
used to carry out the provisions of section 918of Public Law 
104-127, the Federal Agriculture Improvement and Reform Act.
    Sec. 721. No employee of the Department of Agriculture may 
be detailed or assigned from an agency or office funded by this 
Act to any other agency or office of the Department for more 
than 30 days unless the individual's employing agency or office 
is fully reimbursed by the receiving agency or office for the 
salary and expenses of the employee for the period of 
assignment.
    Sec. 722. None of the funds appropriated or otherwise made 
available to the Department of Agriculture shall be used to 
transmit or otherwise make available to any non-Department of 
Agriculture employee questions or responses to questions that 
are a result of information requested for the appropriations 
hearing process.
    Sec. 723. None of the funds made available to the 
Department of Agriculture by this Act may be used to acquire 
new information technology systems or significant upgrades, as 
determined by the Office of the Chief Information Officer, 
without the approval of the Chief Information Officer and the 
concurrence of the Executive Information Technology Investment 
Review Board: Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of 
the Chief Information Officer without the prior approval of the 
Committee on Appropriations of both Houses of Congress.
    Sec. 724. (a) None of the funds provided by this Act, or 
provided by previous Appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expenditure 
in fiscal year 1999, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel 
by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or 
employees; (5) reorganizes offices, programs, or activities; or 
(6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Committee 
on Appropriations of both Houses of Congress are notified 
fifteen days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal 
year 1999, or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available to 
the agencies funded by this Act, shall be available for 
obligation or expenditure for activities, programs, or projects 
through a reprogramming of funds in excess of $500,000 or 10 
percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent 
funding for any existing program, project, or activity, or 
numbers of personnel by 10 percent as approved by Congress; or 
(3) results from any general savings from a reduction in 
personnel which would result in a change in existing programs, 
activities, or projects as approved by Congress; unless the 
Committee on Appropriations of both Houses of Congress are 
notified fifteen days in advance of such reprogramming of 
funds.
    Sec. 725. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to pay the 
salaries and expenses of personnel to carry out section 793 of 
Public Law 104-127, with the exception of funds made available 
under that section on January 1, 1997.
    Sec. 726. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and 
expenses of personnel who carry out an environmental quality 
incentives program authorized by sections 334-341 of Public Law 
104-127 in excess of $174,000,000.
    Sec. 727. None of the funds appropriated or otherwise 
available to the Department of Agriculture may be used to 
administer the provision of contract payments to a producer 
under the Agricultural Market Transition Act (7 U.S.C. 7201 et 
seq.) for contract acreage on which wild rice is planted unless 
the contract payment is reduced by an acre for each contract 
acre planted to wild rice.
    Sec. 728. The Federal facility located in Stuttgart, 
Arkansas, and known as the ``United States National Rice 
Germplasm Evaluation and Enhancement Center'', shall be known 
and designated as the ``Dale Bumpers National Rice Research 
Center'': Provided, That any reference in law, map, regulation, 
document, paper, or other record of the United States to such 
federal facility shall be deemed to be a reference to the 
``Dale Bumpers National Rice Research Center''.
    Sec. 729. Notwithstanding any other provision of law, the 
Secretary of Agriculture, subject to the reprogramming 
requirements established by this Act, may transfer up to 
$26,000,000 in discretionary funds made available by this Act 
among programs of the Department, not otherwise appropriated 
for a specific purpose or a specific location, for distribution 
to or for the benefit of theLower Mississippi Delta Region, as 
defined in Public Law 100-460, prior to normal state or regional 
allocation of funds: Provided, That any funds made available through 
Chapter Four of Subtitle D of Title XII of the Food Security Act of 
1985 (16 U.S.C. 3839aa et seq.) may be included in any amount 
reprogrammed under this section if such funds are used for a purpose 
authorized by such Chapter: Provided further, That any funds made 
available from ongoing programs of the Department of Agriculture used 
for the benefit of the Lower Mississippi Delta Region shall be counted 
toward the level cited in this section.
    Sec. 730. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and 
expenses of personnel to enroll in excess of 120,000 acres in 
the fiscal year 1999 wetlands reserve program as authorized by 
16 U.S.C. 3837.
    Sec. 731. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and 
expenses of personnel to carry out the emergency food 
assistance program authorized by section 27(a) of the Food 
Stamp Act if such program exceeds $90,000,000.
    Sec. 732. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out the provisions 
of section 401 of Public Law 105-185.
    Sec. 733. Notwithstanding any other provision of law, the 
City of Big Spring, Texas shall be eligible to participate in 
rural housing programs administered by the Rural Housing 
Service.
    Sec. 734. Notwithstanding any other provision of law, the 
Municipality of Carolina, Puerto Rico shall be eligible for 
grants and loans administered by the Rural Utilities Service.
    Sec. 735. Notwithstanding section 381A of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2009), the definitions 
of rural areas for certain business programs administered by 
the Rural Business-Cooperative Service and the community 
facilities programs administered by the Rural Housing Service 
shall be those provided for in statute and regulations prior to 
the enactment of Public Law 104-127.
    Sec. 736. None of the funds appropriated or otherwise made 
available by this Act shall be used to carry out any commodity 
purchase program that would prohibit eligibility or 
participation by farmer-owned cooperatives.
    Sec. 737. Section 512(d)(4)(D)(iii) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is 
amended by inserting before the semicolon the following: ``, 
except that for purposes of this clause, antibacterial 
ingredient or animal drug does not include the ionophore or 
arsenical classes of animal drugs''.
    Sec. 738. (a) None of the funds appropriated or otherwise 
made available to the Secretary by this Act, any other Act, or 
any other source may be used to issue the final rule to 
implement the amendments to Federal milk marketing orders 
required by subsection (a)(1) of section 143 of the 
Agricultural Market Transition Act (7 U.S.C. 7253), other than 
during the period of February 1, 1999, through April 4, 1999, 
and only if the actual implementation of the amendments as part 
of Federal milk marketing orders takes effect on October 1, 
1999, notwithstanding the penalties that would otherwise be 
imposed under subsection (c) of such section.
    (b) None of such funds may be used to designate the State 
of California as a separate Federal milk marketing order under 
subsection (a)(2) of such section, other than during the period 
beginning on the date of the issuance of the final rule 
referred to in subsection (a) through September 30, 1999.
    (c) For purposes of this section, a rule shall be 
considered to be a final rule when the rule is submitted to 
Congress as required by chapter 8 of title 5, United 
StatesCode, to permit congressional review of agency rulemaking and 
before the Secretary of Agriculture conducts the producer referendum 
required under section 8c(19) of the Agricultural Adjustment Act (7 
U.S.C. 608c(19)), reenacted with amendments by the Agricultural 
Marketing Agreement Act of 1937.
    Sec. 739. Whenever the Secretary of Agriculture announces 
the basic formula price for milk for purposes of Federal milk 
marketing orders issued under section 8c of the Agricultural 
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by 
the Agricultural Marketing Agreement Act of 1937, the Secretary 
shall include in the announcement an estimate, stated on a per 
hundredweight basis, of the costs incurred by milk producers, 
including transportation and marketing costs, to produce milk 
in the different regions of the United States.
    Sec. 740. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and 
expenses of personnel to carry out a conservation farm option 
program, as authorized by section 335 of Public Law 104-127.
    Sec. 741. Waiver of Statute of Limitations. (a) To the 
extent permitted by the Constitution, any civil action to 
obtain relief with respect to the discrimination alleged in an 
eligible complaint, if commenced not later than 2 years after 
the date of the enactment of this Act, shall not be barred by 
any statute of limitations.
    (b) The complainant may, in lieu of filing a civil action, 
seek a determination on the merits of the eligible complaint by 
the Department of Agriculture if such complaint was filed not 
later than 2 years after the date of enactment of this Act. The 
Department of Agriculture shall--
            (1) provide the complainant an opportunity for a 
        hearing on the record before making that determination;
            (2) award the complainant such relief as would be 
        afforded under the applicable statute from which the 
        eligible complaint arose notwithstanding any statute of 
        limitations; and
            (3) to the maximum extent practicable within 180 
        days after the date a determination of an eligible 
        complaint is sought under this subsection conduct an 
        investigation, issue a written determination and 
        propose a resolution in accordance with this 
        subsection.
    (c) Notwithstanding subsections (a) and (b), if an eligible 
claim is denied administratively, the claimant shall have at 
least 180 days to commence a cause of action in a Federal court 
of competent jurisdiction seeking a review of such denial.
    (d) The United States Court of Federal Claims and the 
United States District Court shall have exclusive original 
jurisdiction over--
            (1) any cause of action arising out of a complaint 
        with respect to which this section waives the statute 
        of limitations; and
            (2) any civil action for judicial review of a 
        determination in an administrative proceeding in the 
        Department of Agriculture under this section.
    (e) As used in this section, the term ``eligible 
complaint'' means a nonemployment related complaint that was 
filed with the Department of Agriculture before July 1, 1997 
and alleges discrimination at any time during the period 
beginning on January 1, 1981 and ending December 31, 1996--
            (1) in violation of the Equal Credit Opportunity 
        Act (15 U.S.C. 1691 et seq.) in administering--
                    (A) a farm ownership, farm operating, or 
                emergency loan funded from the Agricultural 
                Credit Insurance Program Account; or
                    (B) a housing program established under 
                title V of the Housing Act of 1949; or
            (2) in the administration of a commodity program or 
        a disaster assistance program.
    (f) This section shall apply in fiscal year 1999 and 
thereafter.
    (g) The standard of review for judicial review of an agency 
action with respect to an eligible complaint is de novo review. 
Chapter 5 of title 5 of the United States Code shall apply with 
respect to an agency action under this section with respect to 
an eligible complaint, without regard to section 554(a)(1) of 
that title.
    Sec. 742. In any claim brought under the Rehabilitation Act 
of 1973 and filed with the Secretary of Agriculture after 
January 1994 resulting in a finding that a farmer was subjected 
to discrimination under any farm loan program or activity 
conducted by the United States Department of Agriculture in 
violation of section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794), the Secretary of Agriculture shall be liable for 
compensatory damages. Such liability shall apply to any 
administrative action brought before the date of enactment of 
this Act, but only if the action is brought within the 
applicable statute of limitations and the complainant sought or 
seeks compensatory damages while the action is pending.
    Sec. 743. Public Law 102-237, Title X, Section 1013(a) and 
(b) (7 U.S.C. 426 note) is amended by striking ``, to the 
extent practicable,'' in each instance in which it appears.
    Sec. 744. Funds made available for conservation operations 
by this or any other Act, including prior-year balances, shall 
be available for financial assistance and technical assistance 
for the purpose of constructing the Franklin County Lake 
Project, Mississippi, in the amounts earmarked in 
appropriations report language.
    Sec. 745. Section 306D of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1926d) is amended by inserting ``25 
percent in'' in lieu of ``equal'' in subsection (b), and by 
inserting ``$20,000,000'' in lieu of ``$15,000,000'' in 
subsection (d).
    Sec. 746. None of the funds made available to the Food and 
Drug Administration by this Act shall be used to close or 
relocate, or to plan to close or relocate, the Food and Drug 
Administration Division of Drug Analysis in St. Louis, 
Missouri.
    Sec. 747. None of the funds made available by this Act or 
any other Act for any fiscal year may be used to carry out 
section 302(h) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1622(h)) unless the Secretary of Agriculture inspects 
and certifies agricultural processing equipment, and imposes a 
fee for the inspection and certification, in a manner that is 
similar to the inspection and certification of agricultural 
products under that section, as determined by the Secretary: 
Provided, That this provision shall not affect the authority of 
the Secretary to carry out the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 
U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 
U.S.C. 1031 et seq.).
    Sec. 748. Notwithstanding the provisions of section 
508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C. 
1508(b)(5)(A)), for the 1999 reinsurance and subsequent 
reinsurance years, no producer shall pay more than $50 per crop 
per county as an administrative fee for catastrophic risk 
protection under section 508(b)(5)(A) of the Act.
    Sec. 749. That notwithstanding section 4703(d)(1) of title 
5, United States Code, the personnel management demonstration 
project established in the Department of Agriculture, as 
described at 55 FR 9062 and amended at 61 FR 9507 and 61 FR 
49178, shall be continued indefinitely and become effective 
upon enactment of this Act.
    Sec. 750. Strike the last sentence under the heading of 
Title IV--International Programs, Foreign Agricultural Service 
of Public Law 100-202 (101 STAT. 1329 et seq.) and insert in 
lieu thereof the following: ``On or after August 1, 1998 such 
individuals employed by contract to perform such services shall 
not, by virtue of such employment, be considered to be 
employees of the United States Government for purposes of any 
law administered by the Office of Personnel Management. Such 
individuals may be considered employees within the meaning of 
the Federal Employee Compensation Act, 5 U.S.C. 8101 et seq.''.
    Sec. 751. Section 1237D(c)(1) of subchapter C of the Food 
Security Act of 1985 is amended by inserting after 
``perpetual'' the following ``or 30-year''.
    Sec. 752. Section 1237(b)(2) of subchapter C of the Food 
Security Act of 1985 is amended by adding the following:
                    ``(C) For purposes of subparagraph (A), to 
                the maximum extent practicable should be 
                interpreted to mean that acceptance of wetlands 
                reserve program bids may be in proportion to 
                landowner interest expressed in program 
                options.''.
    Sec. 753. (a) Section 3(d)(3) of the Forest and Rangeland 
Renewable Resources Research Act of 1978 (16 U.S.C. 1642(d)(3)) 
(as amended by section 253(b) of the Agricultural Research, 
Extension, and Education Reform Act of 1998) is amended by 
striking ``The Secretary'' and inserting ``At the request of 
the Governor of the State of Maine, New Hampshire, New York, or 
Vermont, the Secretary''.
    (b) Section 7(e)(2) of the Honey Research, Promotion, and 
Consumer Information Act (7 U.S.C. 4606(e)(2)) (as amended by 
section 605(f)(3) of the Agricultural Research, Extension, and 
Education Reform Act of 1998) is amended by striking 
``$0.0075'' each place it appears and inserting ``$0.01''.
    (c)(1) Section 793(c)(2)(B) of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is 
amended--
            (A) in clause (iii), by striking ``or'' at the end;
            (B) in clause (iv), by striking the period at the 
        end and inserting ``; or''; and
            (C) by adding at the end the following:
                            ``(v) a State agricultural 
                        experiment station.''.
    (2) Section 401(d) of the Agricultural Research, Extension, 
and Education Reform Act of 1998 (7 U.S.C. 7621(d)) is 
amended--
            (A) in paragraph (3), by striking ``or'' at the 
        end;
            (B) in paragraph (4), by striking the period at the 
        end and inserting ``; or''; and
            (C) by adding at the end the following:
            ``(5) a State agricultural experiment station.''.
    (d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 
361c(d)) is amended--
            (1) in paragraph (1), by striking ``No'' and 
        inserting ``Except as provided in paragraph (4), no''; 
        and
            (2) by adding at the end the following:
            ``(4) Territories.--In lieu of the matching funds 
        requirement of paragraph (1), the Commonwealth of 
        Puerto Rico, the Virgin Islands, and Guam shall be 
        subject to the same matching funds requirements as 
        those applicable to an eligible institution under 
        section 1449 of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3222d).''.
    (e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) 
is amended--
            (1) in paragraph (1), by inserting ``paragraph (4) 
        and'' after ``provided in''; and
            (2) by adding at the end the following:
            ``(4) Territories.--In lieu of the matching funds 
        requirement of paragraph (1), the Commonwealth of 
        Puerto Rico, the Virgin Islands, and Guam shall be 
        subject to the same matching funds requirements as 
        those applicable to an eligible institution under 
        section 1449 of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3222d).''.
    (f) The amendments made by this section shall take effect 
on the date of enactment of the Agricultural Research, 
Extension, and Education Reform Act of 1998.
    Sec. 754. None of the funds appropriated by this Act or any 
other Act shall be used to pay the salaries and expenses of 
personnel who prepare or submit appropriations language as part 
of the President's Budget submission to the Congress of the 
United States for programs under the jurisdiction of the 
Appropriations Subcommittees on Agriculture, Rural Development, 
and Related Agencies that assumes revenues or reflects a 
reduction from the previous year due to user fees proposals 
that have not been enacted into law prior to the submission of 
the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the 
users fees proposals are not enacted prior to the date of the 
convening of a committee of conference for the fiscal year 2000 
appropriations Act.
    Sec. 755. (a) Section 203(h) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1622(h)) is amended by adding at the end 
the following: ``Shell eggs packed under the voluntary grading 
program of the Department of Agriculture shall not have been 
shipped for sale previous to being packed under the program, as 
determined under a regulation promulgated by the Secretary.''.
    (b) Not later than 90 days after the date of enactment of 
this Act, the Secretary of Agriculture, and the Secretary of 
Health and Human Services, shall submit a joint status report 
to the Committees on Appropriations of the House of 
Representatives and the Senate that describes actions taken by 
the Secretary of Agriculture and the Secretary of Health and 
Human Services--
            (1) to enhance the safety of shell eggs and egg 
        products;
            (2) to prohibit the grading, under the voluntary 
        grading program of the Department of Agriculture, of 
        shell eggs previously shipped for sale; and
            (3) to assess the feasibility and desirability of 
        applying to all shell eggs the prohibition on 
        repackaging to enhance food safety, consumer 
        information, and consumer awareness.
    Sec. 756. Expenses for computer-related activities of the 
Department of Agriculture funded through the Commodity Credit 
Corporation pursuant to section 161(b)(1)(A) of Public Law 104-
127 in fiscal year 1999 shall not exceed $65,000,000: Provided, 
That section 4(g) of the Commodity Credit Corporation Charter 
Act is amended by striking $193,000,000 and inserting 
$188,000,000.
    Sec. 757. (a) The Secretary of Agriculture may use funds 
for tree assistance made available under Public Law 105-174, to 
carry out a tree assistance program to owners of trees that 
were lost or destroyed as a result of a disaster or emergency 
that was declared by the President or the Secretary of 
Agriculture during the period beginning May 1, 1998, and ending 
August 1, 1998, regardless of whether the damage resulted in 
loss or destruction after August 1, 1998.
    (b) Subject to subsection (c), the Secretary shall carry 
out the program, to the maximum extent practicable, in 
accordance with the terms and conditions of the tree assistance 
program established under part 783 of title 7, Code of Federal 
Regulations.
    (c) A person shall be presumed eligible for assistance 
under the program if the person demonstrates to the Secretary 
that trees owned by the person were lost or destroyed by May 
31, 1999, as a direct result of fire blight infestation that 
was caused by a disaster or emergency described in subsection 
(a).
    Sec. 758. None of the funds appropriated or otherwise made 
available by this Act shall be used to establish an Office of 
Community Food Security or any similar office within the United 
States Department of Agriculture without the prior approval of 
the Committee on Appropriations of both Houses of Congress.
    Sec. 759. Notwithstanding any other provision of law, the 
city of Vineland, New Jersey, shall be eligible for programs 
administered by the Rural Housing Service and the Rural 
Business-Cooperative Service.
    Sec. 760. (a)(1) For purpose of this section, the term 
``Commission'' means the Commodity Futures Trading Commission.
    (2) For purposes of this section, the term ``qualifying 
hybrid instrument or swap agreement'' means a hybrid instrument 
or swap agreement that--
            (A) was entered into before the start of the 
        restraint period or is entered into during the 
        restraint period; and
            (B) is exempt under part 34 or part 35 of title 17, 
        Code of Federal Regulations (as in effect on January 1, 
        1998), qualifies for the safe harbor contained in the 
        Policy Statement of the Commission regarding swap 
        agreements published in the Federal Register on July 
        21, 1989 (54 Fed. Reg. 30694), or qualifies for the 
        exclusion set forth in the Statutory Interpretation of 
        the Commission concerning certain hybrid instruments 
        published in the Federal Register on April 11, 1990 (55 
        Fed. Reg. 13582).
    (3) For purposes of this section, the term ``restraint 
period'' means the period--
            (A) beginning on the date of the enactment of this 
        Act; and
            (B) ending on March 30, 1999, or the first date on 
        which legislation is enacted that authorizes 
        appropriations for the Commission for a fiscal year 
        after fiscal year 2000, whichever occurs first.
    (b) During the restraint period, the Commission may not 
propose or issue any rule or regulation, or issue any 
interpretation or policy statement, that restricts or regulates 
activity in a qualifying hybrid instrument or swap agreement.
    (c) Notwithstanding subsection (b), during the restraint 
period, the Commission may--
            (1) act on a petition for exemptive relief under 
        section 4(c) of the Commodity Exchange Act (7 U.S.C. 
        6(c));
            (2) enter such cease and desist orders and take 
        such enforcement action, including the imposition of 
        sanctions, as the Commission considers necessary to 
        enforce any provision of the Commodity Exchange Act (7 
        U.S.C. 1 et seq.) or title 17, Code of Federal 
        Regulations, in connection with a qualifying hybrid 
        instrument or swap agreement, to the extent such 
        provision is otherwise applicable to that qualifying 
        hybrid instrument or swap agreement or a transaction 
        involving that qualifying hybrid instrument or swap 
        agreement;
            (3) take such action as the Commission considers 
        appropriate with regard to agricultural trade options; 
        and
            (4) take such action as the Commission considers 
        appropriate to respond to a market emergency.
    (d)(1) The legal status of contracts involving a qualifying 
hybrid instrument or swap agreement shall not differ from the 
legal status afforded such contracts during the period--
            (A) beginning on--
                    (i) in the case of swap agreements, July 
                21, 1989, which was the date on which the 
                Commission adopted a Policy Statement regarding 
                swap agreements (54 Fed. Reg. 30694); and
                    (ii) in the case of hybrid instruments, 
                April 11, 1990, which was the date that the 
                Statutory Interpretation of the Commission 
                concerning hybrid instruments was published in 
                the Federal Register; and
            (B) ending on January 1, 1998.
    (2) Neither the comment letter of the Commission submitted 
on February 26, 1998, to the Securities and Exchange Commission 
regarding the proposal known as ``Broker-Dealer Lite'', nor the 
Concept Release of the Commission regarding over-the-counter 
derivatives published in the Federal Register on May 12, 1998 
(63 Fed. Reg. 26114), shall alter or affect the legal status of 
a qualifying hybrid instrument or swap agreement under the 
Commodity Exchange Act (7 U.S.C. 1 et seq.).
    (e) Nothing in this section shall be construed as 
reflecting or implying a determination that a qualifying hybrid 
instrument or swap agreement, or a transaction involving a 
qualifying hybrid instrument or swap agreement, is subject to 
the Commodity Exchange Act (7 U.S.C. 1 et seq.).
    Sec. 761. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to carry out 
provision of section 612 of Public Law 105-185.
    Sec. 762. Section 136 of the Agricultural Market Transition 
Act (7 U.S.C. 7236) is amended by striking ``1.25 cents'' each 
place it appears in subsections (a) and (b) and inserting ``3 
cents''.
    Sec. 763. In implementing section 1124 of subtitle C of 
title XI of this Act, the Secretary of Agriculture shall:
    (a) provide $18,000,000 to the states for distribution of 
emergency aid to individuals with family incomes below the 
federal poverty level who have been adversely affected 
utilizing Federal Emergency Management Agency guidelines;
    (b) transfer to the Secretary of Commerce for obligation 
and expenditure (1) $15,000,000 for programs pursuant to title 
IX of Public Law 91-304, as amended, of which six percent may 
be available for administrative costs; (2) $5,000,000 for the 
Trade Adjustment Assistance program as provided by the Trade 
Act of 1974, as amended; and (3) $7,000,000 for disaster 
research and prevention pursuant to section 402(d) of Public 
Law 94-265; and
    (c) transfer to the Administrator of the Small Business 
Administration for obligation and expenditure, $5,000,000 for 
the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, for eligible small businesses.
    Sec. 764. (a) Section 604 of the Clean Air Act is amended 
by inserting at the end the following:
    ``(h) Methyl Bromide.--Notwithstanding subsection (d) and 
section 604(b), the Administrator shall not terminate 
production of methyl bromide prior to January 1, 2005. The 
Administrator shall promulgate rules for reductions in, and 
terminate the production, importation, and consumption of, 
methyl bromide under a schedule that is in accordance with, but 
not more stringent than, the phaseout schedule of the Montreal 
Protocol Treaty as in effect on the date of the enactment of 
this subsection.''.
    (b) Section 604(d) of the Clean Air Act is amended by 
inserting at the end the following:
            ``(5) Sanitation and food protection.--To the 
        extent consistent with the Montreal Protocol's 
        quarantine and preshipment provisions, the 
        Administrator shall exempt the production, importation, 
        and consumption of methyl bromide to fumigate 
        commodities entering or leaving the United States or 
        any State (or political subdivision thereof) for 
        purposes of compliance with Animal and Plant Health 
        Inspection Service requirements or with any 
        international, Federal, State, or local sanitation or 
        food protection standard.
            ``(6) Critical uses.--To the extent consistent with 
        the Montreal Protocol, the Administrator, after notice 
        and the opportunity for public comment, and after 
        consultation with other departments or 
        instrumentalities of the Federal Government having 
        regulatory authority related to methyl bromide, 
        including the Secretary of Agriculture, may exempt the 
        production, importation, and consumption of methyl 
        bromide for critical uses.''.
    (c) Section 604(e) of the Clean Air Act is amended by 
inserting at the end the following:
            ``(3) Methyl bromide.--Notwithstanding the phaseout 
        and termination of production of methyl bromide 
        pursuant to section 604(h), the Administrator may, 
        consistent with the Montreal Protocol, authorize the 
        production of limited quantities of methyl bromide, 
        solely for use in developing countries that are Parties 
        to the Copenhagen Amendments to the Montreal 
        Protocol.''.
    Sec. 765. Notwithstanding any other provision of law, 
permanent employees of county committees employed on or after 
October 1, 1998, pursuant to 8(b) of the Soil Conservation and 
Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered 
as having Federal Civil Service status only for the purpose of 
applying for the United States Department of Agriculture Civil 
Service vacancies.
    Sec. 766. For grants for the rural empowerment zone and 
enterprise communities programs, an additional $15,000,000 is 
hereby appropriated, to remain available until expended, of 
which $10,000,000, is for grants for entities designated under 
section 1391(g) of the Internal Revenue Code of 1986 for the 
Secretary of Agriculture to carry out a second round of the 
empowerment zone program in rural areas; and of which 
$5,000,000 is for grants for rural enterprise communities for 
the Secretary of Agriculture to designate not more than 20 
additional rural enterprise communities provided that such 
communities meet the designation and eligibility requirements 
of part I of subchapter U of chapter 1 of the Internal Revenue 
Code of 1986: Provided, That the designation of rural 
enterprise communities pursuant to this section shall be solely 
for the purpose of this section and not for tax treatment under 
the Internal Revenue Code: Provided further, That these funds 
are in addition to any other funds made available for 
empowerment zones and enterprise communities.

                    TITLE VIII--AGRICULTURAL CREDIT

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

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

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

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

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

                  TITLE IX--INDIA-PAKISTAN RELIEF ACT


                              short title


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


                            waiver authority


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


                              consultation


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


                         reporting requirement


    Sec. 904. Not later than 30 days prior to the expiration of 
a one-year period described in section 902, the Secretary of 
State shall submit a report to the appropriate congressional 
committees on economic and national security developments in 
India and Pakistan.


              appropriate congressional committees defined


    Sec. 905. In this title, the term ``appropriate 
congressional committees'' means the Committee on Foreign 
Relations of the Senate and the Committee on International 
Relations of the House of Representatives and the Committees on 
Appropriations of the House of Representatives and the Senate.

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

SEC. 1001. GENERAL.

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

            ``Subtitle I--Marketing and Regulatory Programs

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

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

SEC. 1002. PAY INCREASE PROHIBITED.

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

SEC. 1003. CONFORMING AMENDMENT.

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

             TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE

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

SEC. 1101. GENERAL PROVISIONS.

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

SEC. 1102. CROP LOSS ASSISTANCE.

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

SEC. 1103. EMERGENCY LIVESTOCK FEED ASSISTANCE.

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

                   Subtitle B--Market Loss Assistance

SEC. 1111. MARKET LOSS ASSISTANCE.

    (a) In General.--Subject to section 1132 and except as 
provided in subsection (d), the Secretary shall use not more 
than $3,057,000,000 for assistance to ownersand producers on a 
farm who are eligible for final payments for fiscal year 1998 under a 
production flexibility contract for the farm under the Agricultural 
Market Transition Act (7 U.S.C. 7201 et seq.) to partially compensate 
the owners and producers for the loss of markets for the 1998 crop of a 
commodity.
    (b) Amount.--Except as provided in subsection (d), the 
amount of assistance made available to owners and producers on 
a farm under this section shall be proportional to the amount 
of the contract payment received by the owners and producers 
for fiscal year 1998 under a production flexibility contract 
for the farm under the Agricultural Market Transition Act.
    (c) Time for Payment.--The assistance made available under 
this section for an eligible owner or producer shall be made as 
soon as practicable after the date of enactment of this Act.
    (d) Of the total amount provided under subsection (a), 
$200,000,000 shall be available to provide assistance to dairy 
producers in a manner determined by the Secretary: Provided, 
That no payments made under this section shall affect any 
decision with respect to rulemaking activities described under 
section 143 of Public Law 104-127.

                      Subtitle C--Other Assistance

SEC. 1121. INDEMNITY PAYMENTS FOR COTTON PRODUCERS.

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

SEC. 1122. HONEY RECOURSE LOANS.

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

SEC. 1123. NONINSURED CROP ASSISTANCE TO RAISIN PRODUCERS.

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

SEC. 1124. EMERGENCY ASSISTANCE.

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

SEC. 1125. FOOD FOR PROGRESS.

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

SEC. 1126. TEMPORARY EXPANSION OF RECOURSE LOAN AUTHORITY.

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

SEC. 1127. PILOT PROGRAMS.

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

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

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

                       Subtitle D--Administration

SEC. 1131. COMMODITY CREDIT CORPORATION.

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

SEC. 1132. EMERGENCY REQUIREMENT.

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

SEC. 1133. REGULATIONS.

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

                          TITLE XII--BIODIESEL

SEC. 1201. BIODIESEL FUEL USE CREDITS.

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

``SEC. 312. BIODIESEL FUEL USE CREDITS.

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

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

                  TITLE XIII--EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                         salaries and expenses


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


           agricultural credit insurance fund program account


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

                   Commodity Credit Corporation Fund


              dairy production disaster assistance program


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

                 Natural Resources Conservation Service


                      forestry incentives program


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

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

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


                         counterterrorism fund


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

                   administrative review and appeals

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


                      office of inspector general


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

                    United States Parole Commission

                         salaries and expenses

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

                            Legal Activities

            salaries and expenses, general legal activities

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

               salaries and expenses, antitrust division

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


             salaries and expenses, united states attorneys


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

                   united states trustee system fund

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


      salaries and expenses, foreign claims settlement commission


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

         salaries and expenses, united states marshals service

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


                              construction


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


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


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

                       federal prisoner detention

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

                     fees and expenses of witnesses

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

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, 
$7,199,000 and, in addition, up to $500,000 of funds made 
available to the Department of Justice in this Act may be 
transferred by the Attorney General to this account: Provided, 
That notwithstanding any other provision of law, upon a 
determination by the Attorney General that emergent 
circumstances require additional funding for conflict 
prevention and resolution activities of the Community Relations 
Service, the Attorney General may transfer such amounts to the 
Community Relations Service, from available appropriations for 
the current fiscal year for the Department of Justice, as may 
be necessary to respond to such circumstances: Provided 
further, That any transfer pursuant to the previous proviso 
shall be treated as a reprogramming under section 605 of this 
Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that 
section.

                         assets forfeiture fund

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

                    Radiation Exposure Compensation

                        administrative expenses

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

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                    Federal Bureau of Investigation


                         salaries and expenses


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


                              construction


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

                    Drug Enforcement Administration


                         salaries and expenses


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


                              construction


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

                 Immigration and Naturalization Service

                         salaries and expenses

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

                     enforcement and border affairs

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

  citizenship and benefits, immigration support and program direction

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

                    violent crime reduction programs

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

                              construction

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

                         Federal Prison System


                         salaries and expenses


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


                        buildings and facilities


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


                federal prison industries, incorporated


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


   limitation on administrative expenses, federal prison industries, 
                              incorporated


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

                       Office of Justice Programs

                           justice assistance

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

               state and local law enforcement assistance

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

   violent crime reduction programs, state and local law enforcement 
                               assistance

    For assistance (including amounts for administrative costs 
for management and administration, which amounts shall be 
transferred to and merged with the ``Justice Assistance'' 
account) authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 
1994 Act''); the Omnibus Crime Control and Safe Streets Act of 
1968, as amended (``the 1968 Act''); and the Victims of Child 
Abuse Act of 1990, as amended (``the 1990 Act''), 
$2,369,950,000, to remain available until expended, which shall 
be derived from the Violent Crime Reduction Trust Fund; of 
which $523,000,000 shall be for Local Law Enforcement Block 
Grants, pursuant to H.R. 728 as passed by the House of 
Representatives on February 14, 1995, except that for purposes 
of this Act, the Commonwealth of Puerto Rico shall be 
considered a ``unit of local government'' as well as a 
``State'', for the purposes set forth in paragraphs (A), (B), 
(D), (F), and (I) of section 101(a)(2) of H.R. 728 and for 
establishing crime prevention programs involving cooperation 
between community residents and law enforcement personnel in 
order to control, detect, or investigate crime or the 
prosecution of criminals: Provided, That no funds provided 
under this heading may be used as matching funds for any other 
Federal grant program: Provided further, That $40,000,000 of 
this amount shall be for Boys and Girls Clubs in public housing 
facilities and other areas in cooperation with State and local 
law enforcement: Provided further, That funds may also be used 
to defray the costs of indemnification insurance for law 
enforcement officers: Provided further, That, hereafter, for 
the purpose of eligibility for the Local Law Enforcement Block 
Grant Program in the State of Louisiana, parish sheriffs are to 
be considered the unit of local government at the parish level 
under section 108 of H.R. 728: Provided further, That 
$20,000,000 shall be available to carry out section 102(2) of 
H.R. 728; of which $45,000,000 shall be for grants to upgrade 
criminal records, as authorized by section 106(b) of the Brady 
Handgun Violence Prevention Act of 1993, as amended, and 
section 4(b) of the National Child Protection Act of 1993; of 
which $420,000,000 shall be for the State Criminal Alien 
Assistance Program, as authorized by section 242(j) of the 
Immigration and Nationality Act, as amended; of which 
$720,500,000 shall be for Violent Offender Incarceration and 
Truth in Sentencing Incentive Grants pursuant to subtitle A of 
title II of the 1994 Act, of which $165,000,000 shall be 
available for payments to States for incarceration of criminal 
aliens, of which $25,000,000 shall be available for the 
Cooperative Agreement Program, and of which $34,000,000 shall 
be reserved by the Attorney General for fiscal year 1999 under 
section 20109(a) of subtitle A of title II of the 1994 Act; of 
which $9,000,000 shall be for the Court Appointed Special 
Advocate Program, as authorized by section 218 of the 1990 Act; 
of which $2,000,000 shall be for Child Abuse Training Programs 
for Judicial Personnel and Practitioners, as authorized by 
section 224 of the 1990 Act; of which $206,750,000 shall be for 
Grants to Combat Violence Against Women, to States, units of 
local government, and Indian tribal governments, as authorized 
by section 1001(a)(18) of the 1968 Act, including $23,000,000 
which shall be used exclusively for the purpose of 
strengthening civil legal assistance programs for victims of 
domestic violence, and $10,000,000 which shall be used 
exclusively for violence on college campuses: Provided further, 
That, of these funds, $5,200,000 shall be provided to the 
National Institute of Justice for research and evaluation of 
violence against women, $1,196,000 shall be provided to the 
Office of the United States Attorney for the District of 
Columbia for domestic violence programs in D.C. Superior Court, 
and $10,000,000 shall be available to the Office of Juvenile 
Justice and Delinquency Prevention for the Safe Start Program, 
to be administered as authorized by part C of the Juvenile 
Justice and Delinquency Act of 1974, as amended; of which 
$34,000,000 shall be for Grants to Encourage Arrest Policies to 
States, units of local government, and Indian tribal 
governments, as authorized by section 1001(a)(19) of the 1968 
Act; of which $25,000,000 shall be for Rural Domestic Violence 
and Child Abuse Enforcement Assistance Grants, as authorized by 
section 40295 of the 1994 Act; of which $5,000,000 shall be for 
training programs to assist probation and parole officers who 
work with released sex offenders, as authorized by section 
40152(c) of the 1994 Act, and for local demonstration projects; 
of which $1,000,000shall be for grants for televised testimony, 
as authorized by section 1001(a)(7) of the 1968 Act; of which 
$5,000,000 shall be for the Tribal Courts Initiative; of which 
$63,000,000 shall be for grants for residential substance abuse 
treatment for State prisoners, as authorized by section 1001(a)(17) of 
the 1968 Act; of which $15,000,000 shall be for grants to States and 
units of local government for projects to improve DNA analysis, as 
authorized by section 1001(a)(22) of the 1968 Act; of which $900,000 
shall be for the Missing Alzheimer's Disease Patient Alert Program, as 
authorized by section 240001(c) of the 1994 Act; of which $1,300,000 
shall be for Motor Vehicle Theft Prevention Programs, as authorized by 
section 220002(h) of the 1994 Act; of which $40,000,000 shall be for 
Drug Courts, as authorized by title V of the 1994 Act; of which 
$1,500,000 shall be for Law Enforcement Family Support Programs, as 
authorized by section 1001(a)(21) of the 1968 Act; of which $2,000,000 
shall be for public awareness programs addressing marketing scams aimed 
at senior citizens, as authorized by section 250005(3) of the 1994 Act; 
and of which $250,000,000 shall be for Juvenile Accountability 
Incentive Block Grants, except that such funds shall be subject to the 
same terms and conditions as set forth in the provisions under this 
heading for this program in Public Law 105-119, but all references in 
such provisions to 1998 shall be deemed to refer instead to 1999: 
Provided further, That funds made available in fiscal year 1999 under 
subpart 1 of part E of title I of the 1968 Act may be obligated for 
programs to assist States in the litigation processing of death penalty 
Federal habeas corpus petitions and for drug testing initiatives: 
Provided further, That, if a unit of local government uses any of the 
funds made available under this title to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service.


                       weed and seed program fund


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

                  Community Oriented Policing Services


                    violent crime reduction programs


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


                       juvenile justice programs


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


                    public safety officers benefits


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

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available 
in this title for official reception and representation 
expenses, a total of not to exceed $45,000 from funds 
appropriated to the Department of Justice in this title shall 
be available to the Attorney General for official reception and 
representation expenses in accordance with distributions, 
procedures, and regulations established by the Attorney 
General.
    Sec. 102. Authorities contained in the Department of 
Justice Appropriation Authorization Act, Fiscal Year 1980 
(Public Law 96-132; 93 Stat. 1040 (1979)), as amended, shall 
remain in effect until the termination date of this Act or 
until the effective date of a Department of Justice 
Appropriation Authorization Act, whichever is earlier.
    Sec. 103. None of the funds appropriated by this title 
shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were 
carried to term, or in the case of rape: Provided, That should 
this prohibition be declared unconstitutional by a court of 
competent jurisdiction, this section shall be null and void.
    Sec. 104. None of the funds appropriated under this title 
shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide 
escort services necessary for a female inmate to receive such 
service outside the Federal facility: Provided, That nothing in 
this section in any way diminishes the effect of section 104 
intended to address the philosophical beliefs of individual 
employees of the Bureau of Prisons.
    Sec. 106. Notwithstanding any other provision of law, not 
to exceed $10,000,000 of the funds made available in this Act 
may be used to establish and publicize a program under which 
publicly advertised, extraordinary rewards may be paid, which 
shall not be subject to spending limitations contained in 
sections 3059 and 3072 of title 18, United States Code: 
Provided, That any reward of $100,000 or more, up to a maximum 
of $2,000,000, may not be made without the personal approval of 
the President or the Attorney General and such approval may not 
be delegated.
    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Justice in this Act, including those derived from the Violent 
Crime Reduction Trust Fund, may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of 
funds under section 605 of this Act and shall not be available 
for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 108. For fiscal year 1999 and thereafter, the Director 
of the Bureau of Prisons may make expenditures out of the 
Commissary Fund of the Federal Prison System, regardless of 
whether any such expenditure is security-related, for programs, 
goods, and services for the benefit of inmates (to the extent 
the provision of those programs, goods, or services to inmates 
is not otherwise prohibited by law), including--
            (1) the installation, operation, and maintenance of 
        the Inmate Telephone System;
            (2) the payment of all the equipment purchased or 
        leased in connection with the Inmate Telephone System; 
        and
            (3) the salaries, benefits, and other expenses of 
        personnel who install, operate, and maintain the Inmate 
        Telephone System.
    Sec. 109. (a) Section 3201 of the Crime Control Act of 1990 
(28 U.S.C. 509 note) is amended to read as follows--
    ``Appropriations in this or any other Act hereafter for the 
Federal Bureau of Investigation, the Drug Enforcement 
Administration, or the Immigration and Naturalization Service 
are available, in an amount of not to exceed $25,000 each per 
fiscal year, to pay humanitarian expenses incurred by or for 
any employee thereof (or any member of the employee's immediate 
family) that results from or is incident to serious illness, 
serious injury, or death occurring to the employee while on 
official duty or business.''.
    (b) The Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 is amended by striking section 626 
(8 U.S.C. 1363b).
    Sec. 110. Any amounts credited to the ``Legalization 
Account'' established under section 245(c)(7)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are 
transferred to the ``Examinations Fee Account'' established 
under section 286(m) of that Act (8 U.S.C. 1356(m)).
    Sec. 111. The Director of the Bureau of Prisons shall 
conduct a study, not later than 270 days after the date of the 
enactment of this Act, of private prisons that evaluates the 
growth and development of the private prison industry during 
the past 15 years, training qualifications of personnel at 
private prisons, and the security procedures of such 
facilities, and compares the general standards and conditions 
between private prisons and Federal prisons. The results of 
such study shall be submitted to the Committees on the 
Judiciary and Appropriations of the House of Representatives 
and the Senate.
    Sec. 112. Notwithstanding any other provision of law, 
during fiscal year 1999, the Assistant Attorney General for the 
Office of Justice Programs of the Department of Justice--
            (1) may make grants, or enter into cooperative 
        agreements and contracts, for the Office of Justice 
        Programs and the component organizations of that 
        Office; and
            (2) shall have final authority over all grants, 
        cooperative agreements, and contracts made, or entered 
        into, for the Office of Justice Programs and the 
        component organizations of that Office.
    Sec. 113. Notwithstanding any other provision of law, with 
respect to any grant program for which amounts are made 
available under this title, the term ``tribal'' means of or 
relating to an Indian tribe (as that term is defined in section 
102(2) of the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 479a(2))).
    Sec. 114. Section 286(e)(1)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1356(e)(1)(C)) is amended by 
inserting ``State'' and a comma immediately before 
``territory''.
    Sec. 115. (a)(1) Notwithstanding any other provision of 
law, for fiscal year 1999, the Attorney General may obligate 
any funds appropriated for or reimbursed to the 
Counterterrorism programs, projects or activities of the 
Department of Justice to purchase or lease equipment or any 
related items, or to acquire interim services, without regard 
to any otherwise applicable Federal acquisition rule, if the 
Attorney General determines that--
            (A) there is an exigent need for the equipment, 
        related items, or services in order to support an 
        ongoing counterterrorism, national security, or 
        computer-crime investigation or prosecution;
            (B) the equipment, related items, or services 
        required are not available within the Department of 
        Justice; and
            (C) adherence to that Federal acquisition rule 
        would--
                    (i) delay the timely acquisition of the 
                equipment, related items, or services; and
                    (ii) adversely affect an ongoing 
                counterterrorism, national security, or 
                computer-crime investigation or prosecution.
    (2) In this subsection, the term ``Federal acquisition 
rule'' means any provision of title II or IX of the Federal 
Property and Administrative Services Act of 1949, the Office of 
Federal Procurement Policy Act, the Small Business Act, the 
Federal Acquisition Regulation, or any other provision of law 
or regulation that establishes policies, procedures, 
requirements, conditions, or restrictions for procurements by 
the head of a department or agency or the Federal Government.
    (b) The Attorney General shall immediately notify the 
Committees on Appropriations of the House of Representatives 
and the Senate in writing of each expenditure under subsection 
(a), which notification shall include sufficient information to 
explain the circumstances necessitating the exercise of the 
authority under that subsection.
    Sec. 116. Section 110(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) 
is amended--
            (1) in the matter preceding paragraph (1), by 
        striking ``later than'' and all that follows through 
        ``Attorney'' and inserting ``later than October 15, 
        1998 (and not later than March 30, 2001, in the case of 
        land border ports of entry and sea ports), the 
        Attorney'';
            (2) in paragraph (1), by striking ``and'' at the 
        end;
            (3) in paragraph (2), by striking the period at the 
        end and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(3) not significantly disrupt trade, tourism, or 
        other legitimate cross-border traffic at land border 
        ports of entry.''.
    Sec. 117. Section 402 of the Controlled Substances Act (21 
U.S.C. 842) is amended--
            (1) in subsection (a)(5), by inserting 
        ``negligently'' before ``fail'';
            (2) in subsection (a)(10), by inserting 
        ``negligently'' before ``to fail''; and
            (3) in subsection (c)(1)--
                    (A) by inserting ``(A)'' after ``(1)'';
                    (B) by inserting ``subparagraph (B) of this 
                paragraph and'' before ``paragraph (2)''; and
                    (C) by adding at the end the following:
    ``(B) In the case of a violation of paragraph (5) or (10) 
of subsection (a), the civil penalty shall not exceed 
$10,000.''.
    Sec. 118. The General Accounting Office shall--
            (1) monitor the compliance of the Department of 
        Justice and all United States Attorneys with the 
        ``Guidance on the Use of the False Claims Act in Civil 
        Health Care Matters'' issued by the Department of 
        Justice on June 3, 1998, including any revisions to 
        that guidance; and
            (2) not later than February 1, 1999, and again not 
        later than August 2, 1999, submit a report on such 
        compliance to the Committees on the Judiciary and the 
        Committees on Appropriations of the Senate and the 
        House of Representatives.
    Sec. 119. Firearms Safety. (a) Secure Gun Storage Device.--
Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(34) The term `secure gun storage or safety device' 
means--
            ``(A) a device that, when installed on a firearm, 
        is designed to prevent the firearm from being operated 
        without first deactivating the device;
            ``(B) a device incorporated into the design of the 
        firearm that is designed to prevent the operation of 
        the firearm by anyone not having access to the device; 
        or
            ``(C) a safe, gun safe, gun case, lock box, or 
        other device that is designed to be or can be used to 
        store a firearm and that is designed to be unlocked 
        only by means of a key, a combination, or other similar 
        means.''.
    (b) Certification Required in Application for Dealer's 
License.--Section 923(d)(1) of title 18, United States Code, is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the 
        end;
            (2) in subparagraph (F), by striking the period at 
        the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(G) in the case of an application to be licensed 
        as a dealer, the applicant certifies that secure gun 
        storage or safety devices will be available at any 
        place in which firearms are sold under the license to 
        persons who are not licensees (subject to the exception 
        that in any case in which a secure gun storage or 
        safety device is temporarily unavailable because of 
        theft, casualty loss, consumer sales, backorders from a 
        manufacturer, or any other similar reason beyond the 
        control of the licensee, the dealer shall not be 
        considered to be in violation of the requirement under 
        this subparagraph to make available such a device).''.
    (c) Revocation of Dealer's License for Failure To Have 
Secure Gun Storage or Safety Devices Available.--The first 
sentence of section 923(e) of title 18, United States Code, is 
amended by inserting before the period at the end the 
following: ``or fails to have secure gun storage or safety 
devices available at any place in which firearms are sold under 
the license to persons who are not licensees (except that in 
any case in which a secure gun storage or safety device is 
temporarily unavailable because of theft, casualty loss, 
consumer sales, backorders from a manufacturer, or any other 
similar reason beyond the control of the licensee, the dealer 
shall not be considered to be in violation of the requirement 
to make available such a device)''.
    (d) Statutory Construction; Evidence.--
            (1) Statutory construction.--Nothing in the 
        amendments made by this section shall be construed--
                    (A) as creating a cause of action against 
                any firearms dealer or any other person for any 
                civil liability; or
                    (B) as establishing any standard of care.
            (2) Evidence.--Notwithstanding any other provision 
        of law, evidence regarding compliance or noncompliance 
        with the amendments made by this section shall not be 
        admissible as evidence in any proceeding of any court, 
        agency, board, or other entity.
    (e) Effective Date.--The amendments made by this section 
shall take effect 180 days after the date of enactment of this 
Act.
    Sec. 120. Firearm Safety Education Grants. (a) In 
General.--Section 510 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3760) is amended--
            (1) in subsection (a), by striking paragraph (1) 
        and inserting the following:
            ``(1) undertaking educational and training programs 
        for--
                    ``(A) criminal justice personnel; and
                    ``(B) the general public, with respect to 
                the lawful and safe ownership, storage, 
                carriage, or use of firearms, including the 
                provision of secure gun storage or safety 
                devices;'';
            (2) in the first sentence of subsection (b), by 
        inserting before the period the following: ``and is 
        authorized to make grants to, or enter into contracts 
        with, those persons and entities to carry out the 
        purposes specified in subsection (a)(1)(B) in 
        accordance with subsection (c)''; and
            (3) by adding at the end the following:
    ``(c)(1) In accordance with this subsection, the Director 
may make a grant to, or enter into a contract with, any person 
or entity referred to in subsection (b) to provide for a 
firearm safety program that, in a manner consistent with 
subsection (a)(1)(B), provides for general public training and 
dissemination of information concerning firearm safety, secure 
gun storage, and the lawful ownership, carriage, or use of 
firearms, including the provision of secure gun storage or 
safety devices.
    ``(2) Funds made available under a grant under paragraph 
(1) may not be used (either directly or by supplanting non-
Federal funds) for advocating or promoting gun control, 
including making communications that are intended to directly 
or indirectly affect the passage of Federal, State, or local 
legislation intended to restrict or control the purchase or use 
of firearms.
    ``(3) Except as provided in paragraph (4), each firearm 
safety program that receives funding under this subsection 
shall provide for evaluations that shall be developed pursuant 
to guidelines that the Director of the National Institute of 
Justice of the Department of Justice, in consultation with the 
Director of the Bureau of Justice Assistance and recognized 
private entities that have expertise in firearms safety, 
education and training, shall establish.
    ``(4) With respect to a firearm safety program that 
receives funding under this section, the Director may waive the 
evaluation requirement described in paragraph (3) if the 
Director determines that the program--
            ``(A) is not of a sufficient size to justify an 
        evaluation; or
            ``(B) is designed primarily to provide material 
        resources and supplies, and that activity would not 
        justify an evaluation.''.
    (b) Effective Date.--The amendments made by this section 
shall take effect on the earlier of--
            (1) October 1, 1998; or
            (2) the date of enactment of this Act.


                                firearms


    Sec. 121. Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d), by striking paragraph (5) 
        and inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the 
                United States; or
                    ``(B) except as provided in subsection 
                (y)(2), has been admitted to the United States 
                under a nonimmigrant visa (as that term is 
                defined in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));'';
            (2) in subsection (g), by striking paragraph (5) 
        and inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the 
                United States; or
                    ``(B) except as provided in subsection 
                (y)(2), has been admitted to the United States 
                under a nonimmigrant visa (as that term is 
                defined in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));'';
            (3) in subsection (s)(3)(B), by striking clause (v) 
        and inserting the following:
                            ``(v) is not an alien who--
                                    ``(I) is illegally or 
                                unlawfully in the United 
                                States; or
                                    ``(II) subject to 
                                subsection (y)(2), has been 
                                admitted to the United States 
                                under a nonimmigrant visa (as 
                                that term is defined in section 
                                101(a)(26) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1101(a)(26)));''; and
            (4) by inserting after subsection (x) the 
        following:
    ``(y) Provisions Relating to Aliens Admitted Under 
Nonimmigrant Visas.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `alien' has the same meaning 
                as in section 101(a)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(3)); and
                    ``(B) the term `nonimmigrant visa' has the 
                same meaning as in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)).
            ``(2) Exceptions.--Subsections (d)(5)(B), 
        (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any 
        alien who has been lawfully admitted to the United 
        States under a nonimmigrant visa, if that alien is--
                    ``(A) admitted to the United States for 
                lawful hunting or sporting purposes or is in 
                possession of a hunting license or permit 
                lawfully issued in the United States;
                    ``(B) an official representative of a 
                foreign government who is--
                            ``(i) accredited to the United 
                        States Government or the Government's 
                        mission to an international 
                        organization having its headquarters in 
                        the United States; or
                            ``(ii) en route to or from another 
                        country to which that alien is 
                        accredited;
                    ``(C) an official of a foreign government 
                or a distinguished foreign visitor who has been 
                so designated by the Department of State; or
                    ``(D) a foreign law enforcement officer of 
                a friendly foreign government entering the 
                United States on official law enforcement 
                business.
            ``(3) Waiver.--
                    ``(A) Conditions for waiver.--Any 
                individual who has been admitted to the United 
                States under a nonimmigrant visa may receive a 
                waiver from the requirements of subsection 
                (g)(5), if--
                            ``(i) the individual submits to the 
                        Attorney General a petition that meets 
                        the requirements of subparagraph (C); 
                        and
                            ``(ii) the Attorney General 
                        approves the petition.
                    ``(B) Petition.--Each petition under 
                subparagraph (B) shall--
                            ``(i) demonstrate that the 
                        petitioner has resided in the United 
                        States for a continuous period of not 
                        less than 180 days before the date on 
                        which the petition is submitted under 
                        this paragraph; and
                            ``(ii) include a written statement 
                        from the embassy or consulate of the 
                        petitioner, authorizing the petitioner 
                        to acquire a firearm or ammunition and 
                        certifying that the alien would not, 
                        absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from 
                        such acquisition under subsection (g).
                    ``(C) Approval of petition.--The Attorney 
                General shall approve a petition submitted in 
                accordance with this paragraph, if the Attorney 
                General determines that waiving the 
                requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                            ``(i) would be in the interests of 
                        justice; and
                            ``(ii) would not jeopardize the 
                        public safety.''.
    Sec. 122. Section 3486(a)(1) of title 18, United States 
Code, is amended by inserting ``or any act or activity 
involving a Federal offense relating to the sexual exploitation 
or other abuse of children,'' after ``health care offense,''.
    Sec. 123. Section 170102 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
            (1) in subsection (a)(2), by striking ``or'';
            (2) in subsection (g)(3), by striking ``minimally 
        sufficient'' and inserting ``State sexual offender''; 
        and
            (3) by amending subsection (i) to read as follows:
    ``(i) Penalty.--A person who is--
            ``(1) required to register under paragraph (1), 
        (2), or (3) of subsection (g) of this section and 
        knowingly fails to comply with this section;
            ``(2) required to register under a sexual offender 
        registration program in the person's State of residence 
        and knowingly fails to register in any other State in 
        which the person is employed, carries on a vocation, or 
        is a student;
            ``(3) described in section 4042(c)(4) of title 18, 
        United States Code, and knowingly fails to register in 
        any State in which the person resides, is employed, 
        carries on a vocation, or is a student following 
        release from prison or sentencing to probation; or
            ``(4) sentenced by a court martial for conduct in a 
        category specified by the Secretary of Defense under 
        section 115(a)(8)(C) of title I of Public Law 105-119, 
        and knowingly fails to register in any State in which 
        the person resides, is employed, carries on a vocation, 
        or is a student following release from prison or 
        sentencing to probation, shall, in the case of a first 
        offense under this subsection, be imprisoned for not 
        more than 1 year and, in the case of a second or 
        subsequent offense under this subsection, be imprisoned 
        for not more than 10 years.''.
    Sec. 124. (a)(1) A nursing facility or home health care 
agency may submit a request to the Attorney General to conduct 
a search and exchange of records described in subsection (b) 
regarding an applicant for employment if the employment 
position is involved in direct patient care.
      (2) A nursing facility or home health care agency 
requesting a search and exchange of records under this section 
shall submit to the Attorney General through the appropriate 
State agency or agency designated by the Attorney General a 
copy of an employment applicant's fingerprints, a statement 
signed by the applicant authorizing the nursing facility or 
home health care agency to request the search and exchange of 
records, and any other identification information not more than 
7 days (excluding Saturdays, Sundays, and legal public holidays 
under section 6103(a) of title 5, United States Code) after 
acquiring the fingerprints, signed statement, and information.
    (b) Pursuant to any submission that complies with the 
requirements of subsection (a), the Attorney General shall 
search the records of the Criminal Justice Information Services 
Division of the Federal Bureau of Investigation for any 
criminal history records corresponding to the fingerprints or 
other identification information submitted. The Attorney 
General shall provide any corresponding information resulting 
from the search to the appropriate State agency or agency 
designated by the Attorney General to receive such information.
    (c) Information regarding an applicant for employment in a 
nursing facility or home health care agency obtained pursuant 
to this section may be used only by the facility or agency 
requesting the information and only for the purpose of 
determining the suitability of the applicant for employment by 
the facility or agency in a position involved in direct patient 
care.
    (d) The Attorney General may charge a reasonable fee, not 
to exceed $50 per request, to any nursing facility or home 
health care agency requesting a search and exchange of records 
pursuant to this section.
    (e) Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit a report to 
Congress on the number of requests for searches and exchanges 
of records made under this section by nursing facilities and 
home health care agencies and the disposition of such requests.
    (f) Whoever knowingly uses any information obtained 
pursuant to this section for a purpose other than as authorized 
under subsection (c) shall be fined in accordance with title 
18, United States Code, imprisoned for not more than 2 years, 
or both.
    (g) A nursing facility or home health care agency that, in 
denying employment for an applicant, reasonably relies upon 
information provided by the Attorney General pursuant to this 
section shall not be liable in any action brought by the 
applicant based on the employment determination resulting from 
the incompleteness or inaccuracy of the information.
    (h) The Attorney General may promulgate such regulations as 
are necessary to carry out this section, including regulations 
regarding the security, confidentiality, accuracy, use, 
destruction, and dissemination of information, audits and 
recordkeeping, the imposition of fees, and any necessary 
modifications to the definitions contained in subsection (i).
    (i) In this section:
            (1) The term ``home health care agency'' means an 
        agency that provides home health care or personal care 
        services on a visiting basis in a place of residence.
            (2) The term ``nursing facility'' means a facility 
        or institution (or a distinct part of an institution) 
        that is primarily engaged in providing to residents of 
        the facility or institution nursing care, including 
        skilled nursing care, and related services for 
        individuals who require medical or nursing care.
    (j) This section shall apply without fiscal year 
limitation.
    Sec. 125. Effective with the enactment of this Act, and in 
any fiscal year hereafter, the Attorney General and the 
Secretary of the Treasury may, for their respective agencies, 
extend the payment of relocation expenses listed in section 
5724a(b)(1) of Title 5 of the United States Code to include the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, and the territories and possessions of the 
United States.
    Sec. 126. Notwithstanding any other provision of this Act, 
the total of the amounts appropriated under this title of this 
Act is reduced by $20,038,000, out of which the reductions for 
each account shall be made in accordance with the chart on Year 
2000 funding dated September 17, 1998, provided to Congress by 
the Department of Justice.
    Sec. 127. Notwithstanding any other provision of law, in 
any action brought by a prisoner under section 1979 of the 
Revised Statutes (42 U.S.C. 1983) against a Federal, State, or 
local jail, prison, or correctional facility, or any employee 
or former employee thereof, arising out of the incarceration of 
that prisoner--
            (1) the financial records of a person employed or 
        formerly employed by the Federal, State, or local jail, 
        prison, or correctional facility, shall not be subject 
        to disclosure without the written consent of that 
        person or pursuant to a court order, unless a verdict 
        of liability has been entered against that person; and
            (2) the home address, home phone number, social 
        security number, identity of family members, personal 
        tax returns, and personal banking information of a 
        person described in paragraph (1), and any other 
        records or information of a similar nature relating to 
        that person, shall not be subject to disclosure without 
        the written consent of that person, or pursuant to a 
        court order.
    Sec. 128. (a) The numerical limitation set forth in section 
209(b) of the Immigration and Nationality Act (8 U.S.C. 
1159(b)) shall not apply to any alien described in subsection 
(b).
    (b) An alien described in subsection (a) is an alien who 
was a United States Government employee, employee of a 
nongovernmental organization based in the United States, or 
other Iraqi national who was moved to Guam by the United States 
Government in 1996 or 1997 pursuant to an arrangement made by 
the United States Government, and who was granted asylum in the 
United States under section 208(a) of the Immigration and 
Nationality Act (8 U.S.C. 1158(a)).
    Sec. 129. (a) Amendments to Juvenile Justice and 
Delinquency Prevention Act of 1974.--
            (1) In general.--Section 103 of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5603) is amended--
                    (A) by striking paragraph (8) and inserting 
                the following:
            ``(8) the term `unit of local government' means--
                    ``(A) any city, county, township, town, 
                borough, parish, village, or other general 
                purpose political subdivision of a State;
                    ``(B) any law enforcement district or 
                judicial enforcement district that--
                            ``(i) is established under 
                        applicable State law; and
                            ``(ii) has the authority to, in a 
                        manner independent of other State 
                        entities, establish a budget and raise 
                        revenues;
                    ``(C) an Indian Tribe that performs law 
                enforcement functions, as determined by the 
                Secretary of the Interior; or
                    ``(D) for the purposes of assistance 
                eligibility, any agency of the government of 
                the District of Columbia or the Federal 
                Government that performs law enforcement 
                functions in and for--
                            ``(i) the District of Columbia; or
                            ``(ii) any Trust Territory of the 
                        United States;''; and
                    (B) in paragraph (9), by striking ``units 
                of general local government'' and inserting 
                ``units of local government''.
            (2) Conforming amendments.--
                    (A) Section 221(a) of the Juvenile Justice 
                and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5631(a)) is amended by striking ``units 
                of general local government'' each place that 
                term appears and inserting ``units of local 
                government''.
                    (B) Section 222(c) of the Juvenile Justice 
                and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5632(c)) is amended by striking ``units 
                of general local government'' each place that 
                term appears and inserting ``units of local 
                government''.
                    (C) Section 223(a) of the Juvenile Justice 
                and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5633(a)) is amended--
                            (i) in paragraph (4)--
                                    (I) by striking ``units of 
                                general local government'' and 
                                inserting ``units of local 
                                government''; and
                                    (II) by striking ``local 
                                governments'' and inserting 
                                ``units of local government'';
                            (ii) in paragraph (5)--
                                    (I) in subparagraph (A), by 
                                striking ``units of general 
                                local government'' and 
                                inserting ``units of local 
                                government''; and
                                    (II) in subparagraph (B), 
                                by striking ``unit of general 
                                local government'' and 
                                inserting ``unit of local 
                                government'';
                            (iii) in paragraph (6), by striking 
                        ``unit of general local government'' 
                        and inserting ``unit of local 
                        government''; and
                            (iv) in paragraph (10), by striking 
                        ``unit of general local government'' 
                        and inserting ``unit of local 
                        government''.
                    (D) Section 244(5) of the Juvenile Justice 
                and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5654(5)) is amended by striking ``units 
                of general local government'' and inserting 
                ``units of local government''.
                    (E) Section 372(a)(3) of the Juvenile 
                Justice and Delinquency Prevention Act of 1974 
                (42 U.S.C. 5714b(a)(3)) is amended by striking 
                ``unit of general local government'' and 
                inserting ``unit of local government''.
                    (F) Section 505(a) of the Juvenile Justice 
                and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5784(a)) is amended by striking ``units 
                of general local government'' and inserting 
                ``units of local government''.
    (b) Omnibus Crime Control and Safe Streets Act of 1968.--
Section 901(3) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3791(3)) is amended to read as follows:
            ``(3) `unit of local government' means--
                    ``(A) any city, county, township, town, 
                borough, parish, village, or other general 
                purpose political subdivision of a State;
                    ``(B) any law enforcement district or 
                judicial enforcement district that--
                            ``(i) is established under 
                        applicable State law; and
                            ``(ii) has the authority to, in a 
                        manner independent of other State 
                        entities, establish a budget and impose 
                        taxes;
                    ``(C) an Indian Tribe (as that term is 
                defined in section 103 of the Juvenile Justice 
                and Delinquency Prevention Act of 1974 (42 
                U.S.C. 5603)) that performs law enforcement 
                functions, as determined by the Secretary of 
                the Interior; or
                    ``(D) for the purposes of assistance 
                eligibility, any agency of the government of 
                the District of Columbia or the Federal 
                Government that performs law enforcement 
                functions in and for--
                            ``(i) the District of Columbia; or
                            ``(ii) any Trust Territory of the 
                        United States;''.
    Sec. 130. For payments of judgments against the United 
States and compromise settlements of claims in suits against 
the United States arising from the Financial Institutions 
Reform, Recovery and Enforcement Act (FIRREA) and its 
implementation, such sums as may be necessary, to remain 
available until expended: Provided, That the foregoing 
authority is available solely for payment of judgments and 
compromise settlements: Provided further, That payment of 
litigation expenses is available under existing authority as 
set forth in the Memorandum of Understanding between the 
Federal Deposit Insurance Corporation and the Department of 
Justice, dated October 2, 1998, and may not be paid from 
amounts provided in this Act.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 1999''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses


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

                     International Trade Commission

                         salaries and expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities 
of the Department of Commerce provided for by law, and engaging 
in trade promotional activities abroad, including expenses of 
grants and cooperative agreements for the purpose of promoting 
exports of United States firms, without regard to 44 U.S.C. 
3702 and 3703; full medical coverage for dependent members of 
immediate families of employees stationed overseas and 
employees temporarily posted overseas; travel and 
transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 
49 U.S.C. 1517; employment of Americans and aliens by contract 
for services; rental of space abroad for periods not exceeding 
ten years, and expenses of alteration, repair, or improvement; 
purchase or construction of temporary demountable exhibition 
structures for use abroad; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $327,000 
for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed 
$30,000 per vehicle; obtain insurance on official motor 
vehicles; and rent tie lines and teletype equipment, 
$286,264,000, to remain available until expended, of which 
$1,600,000 is to be derived from fees to be retained and used 
by the International Trade Administration, notwithstanding 31 
U.S.C. 3302: Provided, That of the $302,757,000 provided for in 
direct obligations (of which $284,664,000 is appropriated from 
the General Fund, $1,600,000 is derived from fee collections, 
and $16,493,000 is derived from unobligated balances and 
deobligations from prior years), $59,280,000 shall be for Trade 
Development, $17,779,000 shall be for Market Access and 
Compliance, $31,047,000 shall be for the Import Administration, 
$182,736,000 shall be for the United States and Foreign 
Commercial Service, and $11,915,000 shall be for Executive 
Direction and Administration: Provided further, That the 
provisions of the first sentence of section 105(f) and all of 
section 108(c) of the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 
carrying out these activities without regard to section 5412 of 
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
4912); and that for the purpose of this Act, contributions 
under the provisions of the Mutual Educational and Cultural 
Exchange Act shall include payment for assessments for services 
provided as part of these activities.

                         Export Administration


                     operations and administration


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

                  Economic Development Administration


                economic development assistance programs


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

                         salaries and expenses

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

                  Minority Business Development Agency

                     minority business development

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

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

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

                          Bureau of the Census

                         salaries and expenses

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

                     periodic censuses and programs

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

       National Telecommunications and Information Administration

                         salaries and expenses

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


    public telecommunications facilities, planning and construction


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

                   information infrastructure grants

    For grants authorized by section 392 of the Communications 
Act of 1934, as amended, $18,000,000, to remain available until 
expended as authorized by section 391 of the Act, as amended: 
Provided, That not to exceed $3,000,000 shall be available for 
program administration and other support activities as 
authorized by section 391: Provided further, That, of the funds 
appropriated herein, not to exceed 5 percent may be available 
for telecommunications research activities for projects related 
directly to the development of a national information 
infrastructure: Provided further, That, notwithstanding the 
requirements of section 392(a) and 392(c) of the Act, these 
funds may be used for the planning and construction of 
telecommunications networks for the provision of educational, 
cultural, health care, public information, public safety, or 
other social services: Provided further, That notwithstanding 
any other provision of law, no entity that receives 
telecommunications services at preferential rates under section 
254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) or 
receives assistance under the regional information sharing 
systems grant program of the Department of Justice under part M 
of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796h) may use funds under a grant under this 
heading to cover any costs of the entity that would otherwise 
be covered by such preferential rates or such assistance, as 
the case may be.

                      Patent and Trademark Office

                         salaries and expenses

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

                         Science and Technology

                       Technology Administration


       under secretary for technology/office of technology policy


                         salaries and expenses


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

             National Institute of Standards and Technology


             scientific and technical research and services


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

                     industrial technology services

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

                  construction of research facilities

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities


                     (including transfers of funds)


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

               procurement, acquisition and construction


                     (including transfers of funds)


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


                      coastal zone management fund


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


                      fishermen's contingency fund


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

                     foreign fishing observer fund

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

                   fisheries finance program account

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

                         General Administration

                         salaries and expenses

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

                      office of inspector general

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

                      Patent and Trademark Office


                         salaries and expenses


                              (rescission)


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

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable 
appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities 
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
the extent and in the manner prescribed by the Act, and, 
notwithstanding 31 U.S.C. 3324, maybe used for advanced 
payments not otherwise authorized only upon the certification of 
officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 202. During the current fiscal year, appropriations 
made available to the Department of Commerce by this Act for 
salaries and expenses shall be available for hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; 
services as authorized by 5 U.S.C. 3109; and uniforms or 
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
    Sec. 203. None of the funds made available by this Act may 
be used to support the hurricane reconnaissance aircraft and 
activities that are under the control of the United States Air 
Force or the United States Air Force Reserve.
    Sec. 204. None of the funds provided in this or any 
previous Act, or hereinafter made available to the Department 
of Commerce, shall be available to reimburse the Unemployment 
Trust Fund or any other fund or account of the Treasury to pay 
for any expenses paid before October 1, 1992, as authorized by 
section 8501 of title 5, United States Code, for services 
performed after April 20, 1990, by individuals appointed to 
temporary positions within the Bureau of the Census for 
purposes relating to the 1990 decennial census of population.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Commerce in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by 
more than 10 percent by any such transfers: Provided, That any 
transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, or any portion thereof, 
the Secretary of Commerce, no later than 90 days thereafter, 
shall submit to the Committees on Appropriations of the House 
and the Senate a plan for transferring funds provided in this 
Act to the appropriate successor organizations: Provided, That 
the plan shall include a proposal for transferring or 
rescinding funds appropriated herein for agencies or programs 
terminated under such legislation: Provided further, That such 
plan shall be transmitted in accordance with section 605 of 
this Act.
    (b) The Secretary of Commerce or the appropriate head of 
any successor organization(s) may use any available funds to 
carry out legislation dismantling or reorganizing the 
Department of Commerce, or any portion thereof, to cover the 
costs of actions relating to the abolishment, reorganization, 
or transfer of functions and any related personnel action, 
including voluntary separation incentives if authorized by such 
legislation: Provided, That the authority to transfer funds 
between appropriations accounts that may be necessary to carry 
out this section is provided in addition to authorities 
included under section 205 of this Act: Provided further, That 
use of funds to carry out this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 207. Any costs incurred by a Department or agency 
funded under this title resulting from personnel actions taken 
in response to funding reductions included in this title or 
from actions taken for the care and protection of loan 
collateral or grant property shall be absorbed within the total 
budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included 
elsewhere in this Act: Provided further, That use of funds to 
carry out this section shall betreated as a reprogramming of 
funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 208. The Secretary of Commerce may award contracts for 
hydrographic, geodetic, and photogrammetric surveying and 
mapping services in accordance with title IX of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 541 
et seq.).
    Sec. 209. The Secretary of Commerce may use the Commerce 
franchise fund for expenses and equipment necessary for the 
maintenance and operation of such administrative services as 
the Secretary determines may be performed more advantageously 
as central services, pursuant to section 403 of Public Law 103-
356: Provided, That any inventories, equipment, and other 
assets pertaining to the services to be provided by such fund, 
either on hand or on order, less the related liabilities or 
unpaid obligations, and any appropriations made for the purpose 
of providing capital shall be used to capitalize such fund: 
Provided further, That such fund shall be paid in advance from 
funds available to the Department and other Federal agencies 
for which such centralized services are performed, at rates 
which will return in full all expenses of operation, including 
accrued leave, depreciation of fund plant and equipment, 
amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount necessary 
to maintain a reasonable operating reserve, as determined by 
the Secretary: Provided further, That such fund shall provide 
services on a competitive basis: Provided further, That an 
amount not to exceed 4 percent of the total annual income to 
such fund may be retained in the fund for fiscal year 1999 and 
each fiscal year thereafter, to remain available until 
expended, to be used for the acquisition of capital equipment, 
and for the improvement and implementation of Department 
financial management, ADP, and other support systems: Provided 
further, That such amounts retained in the fund for fiscal year 
1999 and each fiscal year thereafter shall be available for 
obligation and expenditure only in accordance with section 605 
of this Act: Provided further, That no later than 30 days after 
the end of each fiscal year, amounts in excess of this reserve 
limitation shall be deposited as miscellaneous receipts in the 
Treasury: Provided further, That such franchise fund pilot 
program shall terminate pursuant to section 403(f) of Public 
Law 103-356.
    Sec. 210. No funds may be used under this Act to process or 
register any application filed or submitted with the Patent and 
Trademark Office under the Act entitled ``An Act to provide for 
the registration and protection of trademarks used in commerce, 
to carry out the provisions of certain international 
conventions, and for other purposes'', approved July 5, 1946, 
commonly referred to as the Trademark Act of 1946, as amended, 
after the date of enactment of this Act for a mark identical to 
the official tribal insignia of any federally recognized Indian 
tribe for a period of one year from the date of enactment of 
this Act.
    Sec. 211. (a)(1) Notwithstanding any other provision of 
law, no transaction or payment shall be authorized or approved 
pursuant to section 515.527 of title 31, Code of Federal 
Regulations, as in effect on September 9, 1998, with respect to 
a mark, trade name, or commercial name that is the same as or 
substantially similar to a mark, trade name, or commercial name 
that was used in connection with a business or assets that were 
confiscated unless the original owner of the mark, trade name, 
or commercial name, or the bona fide successor-in-interest has 
expressly consented.
    (2) No U.S. court shall recognize, enforce or otherwise 
validate any assertion of rights by a designated national based 
on common law rights or registration obtained under such 
section 515.527 of such a confiscated mark, trade name, or 
commercial name.
    (b) No U.S. court shall recognize, enforce or otherwise 
validate any assertion of treaty rights by a designated 
national or its successor-in-interest under sections 44 (b) or 
(e) of the Trademark Act of 1946 (15 U.S.C. 1126 (b) or (e)) 
for a mark, trade name, or commercial name that is the same as 
or substantially similar to a mark, trade name, or commercial 
name that was used in connection with a business or assets that 
were confiscated unless the original owner of such mark, trade 
name, or commercial name, or the bona fide successor-in-
interest has expressly consented.
    (c) The Secretary of the Treasury shall promulgate such 
rules and regulations as are necessary to carry out the 
provisions of this section.
    (d) In this section:
            (1) The term ``designated national'' has the 
        meaning given such term in section 515.305 of title 31, 
        Code of Federal Regulations, as in effect on September 
        9, 1998, and includes a national of any foreign country 
        who is a successor-in-interest to a designated 
        national.
            (2) The term ``confiscated'' has the meaning given 
        such term in section 515.336 of title 31, Code of 
        Federal Regulations, as in effect on September 9, 1998.
    Sec. 212. (a) Subject to subsection (b), the Secretary of 
Commerce shall convey, at fair market value (as determined by 
the Secretary), to the city of Two Harbors, Minnesota, or its 
designee, the parcel of land described in subsection (c).
    (b) The Secretary may make the conveyance under subsection 
(a) only if the Secretary receives adequate assurances, as 
determined by the Secretary, that the conveyance is in 
accordance with the requirements of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.).
    (c) The parcel of land referred to in subsection (a) 
consists of approximately 21.55 acres known as the J and J 
Casting site, in Lake County, Minnesota, together with a road 
easement, all as described in the deed of the United States 
Marshal, dated March 22, 1988, executed pursuant to the order 
of sale of the United States District Court for the District of 
Minnesota, dated May 15, 1987, in case Civil No. 5-86-300.
    (d) The Secretary shall carry out this section acting 
through the Assistant Secretary of Commerce for Economic 
Development.
    Sec. 213. The Secretary of Commerce, through the Under 
Secretary for Oceans and Atmosphere, is authorized to exchange, 
under such terms as the Secretary deems appropriate, all right, 
title, and interest in the 28.16 acre Lena Point property near 
Juneau, Alaska, to site a National Oceanic and Atmospheric 
Administration facility: Provided, That the Secretary is 
authorized to enter into an agreement with the owner of the 
Lena Point site to modify existing rock quarry operations to 
minimize future site development costs, and to provide 
appropriated funds for project mitigation purposes: Provided, 
That Section 2(b) of Public Law 104-91 is amended by striking 
``on Auke Cape near Juneau, Alaska'' and inserting in lieu 
thereof ``in Alaska''.
    Sec. 214. The National Oceanic and Atmospheric 
Administration (NOAA) is authorized to provide an easement, 
lease, license or other long-term agreement to allow the State 
of Alaska to own, operate and maintain a laboratory, classroom, 
and office facility on the site of the NOAA facility and to 
accept and expend State funds for development of joint 
facilities that will be owned and operated by NOAA: Provided, 
That NOAA is authorized to collect operation and maintenance 
costs from the State of Alaska and to retain said funds for 
utility costs, and current and future facility maintenance 
costs.
    This title may be cited as the ``Department of Commerce and 
Related Agencies Appropriations Act, 1999''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses


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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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

                    violent crime reduction programs

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

                           defender services

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

                    fees of jurors and commissioners

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

                             Court Security

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

           Administrative Office of the United States Courts

                         salaries and expenses

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

                        Federal Judicial Center


                         salaries and expenses


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

                       Judicial Retirement Funds


                    payment to judiciary trust funds


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

                  United States Sentencing Commission


                         salaries and expenses


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

                   General Provisions--The Judiciary

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

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including expenses 
authorized by the State Department Basic Authorities Act of 
1956, as amended; representation to certain international 
organizations in which the United States participates pursuant 
to treaties, ratified pursuant to the advice and consent of the 
Senate, or specific Acts of Congress; acquisition by exchange 
or purchase of passenger motor vehicles as authorized by 31 
U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and for 
expenses of general administration, $1,644,300,000: Provided, 
That, of the amount made available under this heading, not to 
exceed $4,000,000 may be transferred to, and merged with, funds 
in the ``Emergencies in the Diplomatic and Consular Service'' 
appropriations account, to be available only for emergency 
evacuations and terrorism rewards: Provided further, That of 
the amount made available under this heading, $500,000 shall be 
available only for the National Law Center for Inter-American 
Free Trade: Provided further, That notwithstanding section 
140(a)(5), and the second sentence of section 140(a)(3), of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236), fees may be collected during fiscal years 
1999 and 2000 under the authority of section 140(a)(1) of that 
Act: Provided further, That all fees collected under the 
preceding proviso shall be deposited in fiscal years 1999 and 
2000 as an offsetting collection to appropriations made under 
this heading to recover costs as set forth under section 
140(a)(2) of that Act and shall remain available until 
expended.
    In addition, not to exceed $1,252,000 shall be derived from 
fees collected from other executive agencies for lease or use 
of facilities located at the International Center in accordance 
with section 4 of the International Center Act (Public Law 90-
553), as amended; in addition, as authorized by section 5 of 
such Act, $490,000, to be derived from the reserve authorized 
by that section, to be used for the purposes set out in that 
section; and, in addition, not to exceed $15,000, which shall 
be derived from reimbursements, surcharges, and fees for use of 
Blair House facilities in accordance with section 46 of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 
2718(a)).
    Notwithstanding section 402 of this Act, not to exceed 20 
percent of the amounts made available in this Act in the 
appropriation accounts ``Diplomatic and Consular Programs'' and 
``Salaries and Expenses'' under the heading ``Administration of 
Foreign Affairs'' may be transferred between such appropriation 
accounts: Provided, That any transfer pursuant to this sentence 
shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.

                         salaries and expenses

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

                        capital investment fund

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


                      office of inspector general


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

                       representation allowances

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

              protection of foreign missions and officials

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


           security and maintenance of united states missions


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

           emergencies in the diplomatic and consular service

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

                   repatriation loans program account

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

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

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

              International Organizations and Conferences

              contributions to international organizations

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

        contributions for international peacekeeping activities

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


                           arrearage payments


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

                       International Commissions

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


 international boundary and water commission, united states and mexico


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

                         salaries and expenses

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

                              construction

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

              american sections, international commissions

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


                  international fisheries commissions


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

                                 Other

                     payment to the asia foundation

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

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                arms control and disarmament activities

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

                    United States Information Agency

                   international information programs

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


               educational and cultural exchange programs


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


           eisenhower exchange fellowship program trust fund


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


                    israeli arab scholarship program


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


                 international broadcasting operations


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


                          broadcasting to cuba


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


                           radio construction


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


                            east-west center


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


                           north/south center


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

                    national endowment for democracy

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

      General Provisions--Department of State and Related Agencies

    Sec. 401. Funds appropriated under this title shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United 
States Code; for services as authorized by 5 U.S.C. 3109; and 
hire of passenger transportation pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
State in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That not to exceed 5 
percent of any appropriation made available for the current 
fiscal year for the United States Information Agency in this 
Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall 
be increased by more than 10 percent by any such transfers: 
Provided further, That any transfer pursuant to this section 
shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.
    Sec. 403. (a) An employee who regularly commutes from his 
or her place of residence in the continental United States to 
an official duty station in Canada or Mexico shall receive a 
border equalization adjustment equal to the amount of 
comparability payments under section 5304 of title 5, United 
States Code, that he or she would receive if assigned to an 
official duty station within the United States locality pay 
area closest to the employee's official duty station.
    (b) For purposes of this section, the term ``employee'' 
shall mean a person who--
            (1) is an ``employee'' as defined under section 
        2105 of title 5, United States Code; and
            (2) is employed by the United States Department of 
        State, the United States Information Agency, the United 
        States Agency for International Development, or the 
        International Joint Commission, except that the term 
        shall not include members of the Foreign Service as 
        defined by section 103 of the Foreign Service Act of 
        1980 (Public Law 96-465), section 3903 of title 22, 
        United States Code.
    (c) An equalization adjustment payable under this section 
shall be considered basic pay for the same purposes as are 
comparability payments under section 5304 of title 5, United 
States Code, and its implementing regulations.
    (d) The agencies referenced in subsection (c)(2) are 
authorized to promulgate regulations to carry out the purposes 
of this section.
    Sec. 404. (a) Section 6(4) of the Japan-United States 
Friendship Act (22 U.S.C. 2905(4)) is amended by striking 
``needed, except'' and all that follows through ``United 
States'' and inserting ``needed''.
    (b) The second sentence of section 7(b) of the Japan-United 
States Friendship Act (22 U.S.C. 2906(b)) is amended to read as 
follows: ``Such investment may be made only in interest-bearing 
obligations of the United States, in obligations guaranteed as 
to both principal and interest by the United States, in 
interest-bearing obligations of Japan, or in obligations 
guaranteed as to both principal and interest by Japan.''.
    Sec. 405. The Director of the United States Information 
Agency is authorized to administer summer travel and work 
programs without regard to preplacement requirements.
    Sec. 406. Section 12 of the International Organizations 
Immunities Act (22 U.S.C. 288f-2) is amended by inserting ``and 
the United Nations Industrial Development Organization'' after 
``International Labor Organization''.
    Sec. 407. (a) Section 5545a of title 5, United States Code, 
is amended by adding at the end the following:
    ``(k)(1) For purposes of this section, the term `criminal 
investigator' includes a special agent occupying a position 
under title II of Public Law 99-399 if such special agent--
            ``(A) meets the definition of such term under 
        paragraph (2) of subsection (a) (applied disregarding 
        the parenthetical matter before subparagraph (A) 
        thereof); and
            ``(B) such special agent satisfies the requirements 
        of subsection (d) without taking into account any hours 
        described in paragraph (2)(B) thereof.
    ``(2) In applying subsection (h) with respect to a special 
agent under this subsection--
            ``(A) any reference in such subsection to `basic 
        pay' shall be considered to include amounts designated 
        as `salary';
            ``(B) paragraph (2)(A) of such subsection shall be 
        considered to include (in addition to the provisions of 
        law specified therein) sections 609(b)(1), 805, 806, 
        and 856 of the Foreign Service Act of 1980; and
            ``(C) paragraph (2)(B) of such subsection shall be 
        applied by substituting for `Office of Personnel 
        Management' the following: `Office of Personnel 
        Management or the Secretary of State (to the extent 
        that matters exclusively within the jurisdiction of the 
        Secretary are concerned)'.''.
    (b) Not later than the date on which the amendments made by 
this section take effect, each special agent of the Diplomatic 
Security Service who satisfies the requirements of subsection 
(k)(1) of section 5545a of title 5, United States Code, as 
amended by this section, and the appropriate supervisory 
officer, to be designated by the Secretary of State, shall make 
an initial certification to the Secretary of State that the 
special agent is expected to meet the requirements of 
subsection (d) of such section 5545a. The Secretary of State 
may prescribe procedures necessary to administer this 
subsection.
    (c)(1) Paragraph (2) of section 5545a(a) of title 5, United 
States Code, is amended (in the matter before subparagraph (A)) 
by striking ``Public Law 99-399)'' and inserting ``Public Law 
99-399, subject to subsection (k))''.
    (2) Section 5542(e) of such title is amended by striking 
``title 18, United States Code,'' and inserting ``title 18 or 
section 37(a)(3) of the State Department Basic Authorities Act 
of 1956,''.
    (d) The amendments made by this section shall take effect 
on the first day of the first applicable pay period--
            (1) which begins on or after the 90th day following 
        the date of the enactment of this Act; and
            (2) on which date all regulations necessary to 
        carry out such amendments are (in the judgment of the 
        Director of the Office of Personnel Management and the 
        Secretary of State) in effect.
    Sec. 408. None of the funds made available in this Act may 
be used by the Department of State or the United States 
Information Agency to provide equipment, technical support, 
consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.
    Sec. 409. During the current fiscal year and hereafter, the 
Secretary of State shall have discretionary authority to pay 
tort claims in the manner authorized by section 2672 of title 
28, United States Code, when such claims arise in foreign 
countries in connection with the overseas operations of the 
Department of State.
    Sec. 410. (a)(1)(A) Notwithstanding any other provision of 
law and subject to subparagraph (B), the Secretary of State and 
the Attorney General shall impose, for the processing of any 
application for the issuance of a machine readable combined 
border crossing card and nonimmigrant visa under section 
101(a)(15)(B) of the Immigration and Nationality Act, a fee of 
$13 (for recovery of the costs of manufacturing the combined 
card and visa) in the case of any alien under 15 years of age 
where the application for the machine readable combined border 
crossing card and nonimmigrant visa is made in Mexico by a 
citizen of Mexico who has at least one parent or guardian who 
has a visa under such section or is applying for a machine 
readable combined border crossing card and nonimmigrant visa 
under such section as well.
    (B) The Secretary of State and the Attorney General may not 
commence implementation of the requirement in subparagraph (A) 
until the later of--
            (i) the date that is 6 months after the date of 
        enactment of this Act; or
            (ii) the date on which the Secretary sets the 
        amount of the fee or surcharge in accordance with 
        paragraph (3).
    (2)(A) Except as provided in subparagraph (B), if the fee 
for a machine readable combined border crossing card and 
nonimmigrant visa issued under section 101(a)(15)(B) of the 
Immigration and Nationality Act has been reduced under 
paragraph (1) for a child under 15 years of age, the machine 
readable combined border crossing card and nonimmigrant visa 
shall be issued to expire on the earlier of--
            (i) the date on which the child attains the age of 
        15; or
            (ii) ten years after its date of issue.
    (B) At the request of the parent or guardian of any alien 
under 15 years of age otherwise covered by subparagraph (A), 
the Secretary of State and the Attorney General may charge the 
non-reduced fee for the processing of an application for the 
issuance of a machine readable combined border crossing card 
and nonimmigrant visa under section 101(a)(15)(B) of the 
Immigration and Nationality Act provided that the machine 
readable combined border crossing card and nonimmigrant visa is 
issued to expire as of the same date as is usually provided for 
visas issued under that section.
    (3) Notwithstanding any other provision of law, the 
Secretary of State shall set the amount of the fee or surcharge 
authorized pursuant to section 140(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236; 8 U.S.C. 1351 note) for the processing of machine readable 
nonimmigrant visas and machine readable combined border 
crossing cards and nonimmigrant visas at a level that will 
ensure the full recovery by the Department of State of the 
costs of processing such machine readable nonimmigrant visas 
and machine readable combined border crossing cards and 
nonimmigrant visas, including the costs of processing the 
machine readable combined border crossing cards and 
nonimmigrant visas for which the fee is reduced pursuant to 
this subsection.
    (b) The Secretary of State shall continue, until the date 
that is 5 years after the date of the enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1101 note et seq.), to process applications for visas 
under section 101(a)(15)(B) of the Immigration and Nationality 
Act at the following cities in Mexico located near the 
international border with the United States: Nogales, Nuevo 
Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
    (c) Section 104(b)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is 
amended by striking ``3 years'' and inserting ``5 years''.
    Sec. 411. Funds appropriated by this Act for the United 
States Information Agency, the Arms Control and Disarmament 
Agency, and the Department of State may be obligated and 
expended notwithstanding section 701 of the United States 
Information and Educational Exchange Act of 1948 and section 
313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995, section 53 of the Arms Control and Disarmament 
Act, and section 15 of the State Department Basic Authorities 
Act of 1956.
    This title may be cited as the ``Department of State and 
Related Agencies Appropriations Act, 1999''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                       maritime security program

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

                        operations and training

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


          maritime guaranteed loan (title xi) program account


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

           administrative provisions--maritime administration

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

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

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

                       Commission on Civil Rights

                         salaries and expenses

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

            Commission on Security and Cooperation In Europe

                         salaries and expenses

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

                Equal Employment Opportunity Commission

                         salaries and expenses

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

                   Federal Communications Commission

                         salaries and expenses

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

                      Federal Maritime Commission

                         salaries and expenses

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

                        Federal Trade Commission

                         salaries and expenses

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

                       Legal Services Corporation


               payment to the legal services corporation


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

          administrative provision--legal services corporation

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

                        Marine Mammal Commission

                         salaries and expenses

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

                       Commission on Ocean Policy


                         salaries and expenses


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

                   Securities and Exchange Commission

                         salaries and expenses

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

                     Small Business Administration


                         salaries and expenses


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

                      office of inspector general

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

                     business loans program account

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

                     disaster loans program account

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


                 surety bond guarantees revolving fund


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


        administrative provision--small business administration


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

                        State Justice Institute


                         salaries and expenses


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

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not 
authorized by the Congress.
    Sec. 602. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application 
of such provision to any person or circumstances shall be held 
invalid, the remainder of the Act and the application of each 
provision to persons or circumstances other than those as to 
which it is held invalid shall not be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies 
funded by this Act that remain available for obligation or 
expenditure in fiscal year 1999, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel 
by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or 
employees; (5) reorganizes offices, programs, or activities; or 
(6) contracts out or privatizes any functions, or activities 
presently performed by Federal employees; unless the 
Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
     (b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in 
fiscal year 1999, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in 
excess of $500,000 or 10 percent, whichever is less, that: (1) 
augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by Congress; or (3) results from any general savings 
from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by 
Congress; unless the Appropriations Committees of both Houses 
of Congress are notified 15 days in advance of such 
reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may 
be used for the construction, repair (other than emergency 
repair), overhaul, conversion, or modernization of vessels for 
the National Oceanic and Atmospheric Administration in shipyards 
located outside of the United States.
    Sec. 607. (a) Purchase of American-Made Equipment and 
Products.--It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be 
American-made.
    (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a 
notice describing the statement made in subsection (a) by the 
Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 608. None of the funds made available in this Act may 
be used to implement, administer, or enforce any guidelines of 
the Equal Employment Opportunity Commission covering harassment 
based on religion, when it is made known to the Federal entity 
or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed 
guidelines published by the Commission on October 1, 1993 (58 
Fed. Reg. 51266).
    Sec. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for 
any cost incurred for: (1) opening or operating any United 
States diplomatic or consular post in the Socialist Republic of 
Vietnam that was not operating on July 11, 1995; (2) expanding 
any United States diplomatic or consular post in the Socialist 
Republic of Vietnam that was operating on July 11, 1995; or (3) 
increasing the total number of personnel assigned to United 
States diplomatic or consular posts in the Socialist Republic 
of Vietnam above the levels existing on July 11, 1995; unless 
the President certifies within 60 days the following:
            (A) Based upon all information available to the 
        United States Government, the Government of the 
        Socialist Republic of Vietnam is fully cooperating in 
        good faith with the United States in the following:
                    (i) Resolving discrepancy cases, live 
                sightings, and field activities.
                    (ii) Recovering and repatriating American 
                remains.
                    (iii) Accelerating efforts to provide 
                documents that will help lead to fullest 
                possible accounting of prisoners of war and 
                missing in action.
                    (iv) Providing further assistance in 
                implementing trilateral investigations with 
                Laos.
            (B) The remains, artifacts, eyewitness accounts, 
        archival material, and other evidence associated with 
        prisoners of war and missing in action recovered from 
        crash sites, military actions, and other locations in 
        Southeast Asia are being thoroughly analyzed by the 
        appropriate laboratories with the intent of providing 
        surviving relatives with scientifically defensible, 
        legal determinations of death or other accountability 
        that are fully documented and available in unclassified 
        and unredacted form to immediate family members.
    Sec. 610. None of the funds made available by this Act may 
be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or 
expend such funds: (1) that the United Nations undertaking is a 
peacekeeping mission; (2) that such undertaking will involve 
United States Armed Forces under the command or operational 
control of a foreign national; and (3) that the President's 
military advisors have not submitted to the President a 
recommendation that such involvement is in the national 
security interests of the United States and the President has 
not submitted to the Congress such a recommendation.
    Sec. 611. None of the funds made available in this Act 
shall be used to provide the following amenities or personal 
comforts in the Federal prison system--
            (1) in-cell television viewing except for prisoners 
        who are segregated from the general prison population 
        for their own safety;
            (2) the viewing of R, X, and NC-17 rated movies, 
        through whatever medium presented;
            (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, 
        or other martial art, or any bodybuilding or 
        weightlifting equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates 
        or heating elements; or
            (5) the use or possession of any electric or 
        electronic musical instrument.
    Sec. 612. None of the funds made available in title II for 
the National Oceanic and Atmospheric Administration (NOAA) 
under the headings ``Operations, Research, and Facilities'' and 
``Procurement, Acquisition and Construction'' may be used to 
implement sections 603, 604, and 605 of Public Law 102-567: 
Provided, That NOAA may develop a modernization plan for its 
fisheries research vessels that takes fully into account 
opportunities for contracting for fisheries surveys.
    Sec. 613. Any costs incurred by a department or agency 
funded under this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer 
funds between appropriations accounts as may be necessary to 
carry out this section is provided in addition to authorities 
included elsewhere in this Act: Provided further, That use of 
funds to carry out this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 614. None of the funds made available in this Act to 
the Federal Bureau of Prisons may be used to distribute or make 
available any commercially published information or material to 
a prisoner when it is made known to the Federal official having 
authority to obligate or expend such funds that such 
information or material is sexually explicit or features 
nudity.
    Sec. 615. Of the funds appropriated in this Act under the 
heading ``Office of Justice Programs--State and Local Law 
Enforcement Assistance'', not more than 90 percent of the 
amount to be awarded to an entity under the Local Law 
Enforcement Block Grant shall be made available to such an 
entity when it is made known to the Federal official having 
authority to obligate or expend such funds that the entity that 
employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968) does not provide such a public safety 
officer who retires or is separated from service due to injury 
suffered as the direct and proximate result of a personal 
injury sustained in the line of duty while responding to an 
emergency situation or a hot pursuit (as such terms are defined 
by State law) with the same or better level of health insurance 
benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 616. (a) None of the funds appropriated or otherwise 
made available in this Act shall be used to issue visas to any 
person who--
            (1) has been credibly alleged to have ordered, 
        carried out, or materially assisted in the 
        extrajudicial and political killings of Antoine Izmery, 
        Guy Malary, Father Jean-Marie Vincent, Pastor Antoine 
        Leroy, Jacques Fleurival, Mireille Durocher Bertin, 
        Eugene Baillergeau, Michelange Hermann, Max Mayard, 
        Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun, 
        Leslie Grimar, Joseph Chilove, Michel Gonzalez, and 
        Jean-Hubert Feuille;
            (2) has been included in the list presented to 
        former President Jean-Bertrand Aristide by former 
        National Security Council Advisor Anthony Lake in 
        December 1995, and acted upon by President Rene Preval;
            (3) was sought for an interview by the Federal 
        Bureau of Investigation as part of its inquiry into the 
        March 28, 1995, murder of Mireille Durocher Bertin and 
        Eugene Baillergeau, Jr., and was credibly alleged to 
        have ordered, carried out, or materially assisted in 
        those murders, per a June 28, 1995, letter to the then 
        Minister of Justice of the Government of Haiti, Jean-
        Joseph Exume;
            (4) was a member of the Haitian High Command during 
        the period 1991 through 1994, and has been credibly 
        alleged to have planned, ordered, or participated with 
        members of the Haitian Armed Forces in--
                    (A) the September 1991 coup against any 
                person who was a duly elected government 
                official of Haiti (or a member of the family of 
                such official), or
                    (B) the murders of thousands of Haitians 
                during the period 1991 through 1994; or
            (5) has been credibly alleged to have been a member 
        of the paramilitary organization known as FRAPH who 
        planned, ordered, or participated in acts of violence 
        against the Haitian people.
    (b) Exemption.--Subsection (a) shall not apply if the 
Secretary of State finds, on a case-by-case basis, that the 
entry into the United States of a person who would otherwise be 
excluded under this section is necessary for medical reasons or 
such person has cooperated fully with the investigation of 
these political murders. If the Secretary of State exempts any 
such person, the Secretary shall notify the appropriate 
congressional committees in writing.
    (c) Reporting Requirement.--(1) The United States chief of 
mission in Haiti shall provide the Secretary of State a list of 
those who have been credibly alleged to have ordered or carried 
out the extrajudicial and political killings mentioned in 
paragraph (1) of subsection (a).
    (2) The Secretary of State shall submit the list provided 
under paragraph (1) to the appropriate congressional committees 
not later than 3 months after the date of enactment of this 
Act.
    (3) The Secretary of State shall submit to the appropriate 
congressional committees a list of aliens denied visas, and the 
Attorney General shall submit to the appropriate congressional 
committees a list of aliens refused entry to the United States 
as a result of this provision.
    (4) The Secretary of State shall submit a report under this 
subsection not later than 6 months after the date of enactment 
of this Act and not later than March 1 of each year thereafter 
as long as the Government of Haiti has not completed the 
investigation of the extrajudicial and political killings and 
has not prosecuted those implicated for the killings specified 
in paragraph (1) of subsection (a).
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate.
    Sec. 617. (a) None of the funds made available in this Act 
may be used to issue or renew a fishing permit or authorization 
for any fishing vessel of the United States greater than 165 
feet in registered length or of more than 750 gross registered 
tons, and that has an engine or engines capable of producing a 
total of more than 3,000 shaft horsepower--
            (1) as specified in the permit application required 
        under part 648.4(a)(5) of title 50, Code of Federal 
        Regulations, part 648.12 of title 50, Code of Federal 
        Regulations, and the authorization required under part 
        648.80(d)(2) of title 50, Code of Federal Regulations, 
        to engage in fishing for Atlantic mackerel or herring 
        (or both) under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.); or
            (2) that would allow such a vessel to engage in the 
        catching, taking, or harvesting of fish in any other 
        fishery within the exclusive economic zone of the 
        United States (except territories), unless a 
        certificate of documentation had been issued for the 
        vessel and endorsed with a fishery endorsement thatwas 
effective on September 25, 1997, and such fishery endorsement was not 
surrendered at any time thereafter.
     (b) Any fishing permit or authorization issued or renewed 
prior to the date of the enactment of this Act for a fishing 
vessel to which the prohibition in subsection (a)(1) applies 
that would allow such vessel to engage in fishing for Atlantic 
mackerel or herring (or both) during fiscal year 1999 shall be 
null and void, and none of the funds made available in this Act 
may be used to issue a fishing permit or authorization that 
would allow a vessel whose permit or authorization was made 
null and void pursuant to this subsection to engage in the 
catching, taking, or harvesting of fish in any other fishery 
within the exclusive economic zone of the United States.
    Sec. 618. None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco 
products, or to seek the reduction or removal by any foreign 
country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally 
to all tobacco or tobacco products of the same type.
    Sec. 619. None of the funds made available in this Act may 
be used to pay the expenses of an election officer appointed by 
a court to oversee an election of any officer or trustee for 
the International Brotherhood of Teamsters.
    Sec. 620. Section 1303 of the International Security and 
Development Corporation Act of 1985 (16 U.S.C. 469j) is amended 
in subsection (e), by striking ``three'' and inserting ``six''.
    Sec. 621. None of the funds appropriated pursuant to this 
Act or any other provision of law may be used for (1) the 
implementation of any tax or fee in connection with the 
implementation of 18 U.S.C. 922(t); (2) any system to implement 
18 U.S.C. 922(t) that does not require and result in the 
destruction of any identifying information submitted by or on 
behalf of any person who has been determined not to be 
prohibited from owning a firearm.
    Sec. 622. Not later than 60 days after the date of 
enactment of this Act, the United States Trade Representative 
(in this section referred to as the ``Trade Representative'') 
shall report to Congress on the Trade Representative's analysis 
regarding--
            (1) whether the Korean Government provided 
        subsidies to Hanbo Steel;
            (2) whether such subsidies had an adverse effect on 
        United States companies;
            (3) the status of the Trade Representative's 
        contacts with the Korean Government with respect to 
        industry concerns regarding Hanbo Steel and efforts to 
        eliminate subsidies; and
            (4) the status of the Trade Representative's 
        contacts with other Asian trading partners regarding 
        the adverse effect of Korean steel subsidies on such 
        trading partners.
    (b) The report described in subsection (a) shall also 
include information on the status of any investigations 
initiated as a result of press reports that the Korean 
Government ordered Pohang Iron and Steel Company, in which the 
Government owns a controlling interest, to sell steel in Korea 
at a price that is 30 percent lower than the international 
market prices.
    Sec. 623. None of the funds made available in this or any 
other Act may be used to implement, administer, or enforce 
Executive Order No. 13083 (titled ``Federalism'' and dated May 
14, 1998).
    Sec. 624. (a) Section 118 of title 28, United States Code, 
is amended--
            (1) in subsection (a) by striking ``Philadelphia, 
        and Schuylkill'' and inserting ``and Philadelphia''; 
        and
            (2) in subsection (b) by inserting ``Schuylkill,'' 
        after ``Potter,''.
    (b)(1) This section and the amendments made by this section 
shall take effect 180 days after the date of the enactment of 
this Act.
    (2) This section and the amendments made by this section 
shall not affect any action commenced before the effective date 
of this section and pending on such date in the United States 
District Court for the Eastern District of Pennsylvania.
    (3) This section and the amendments made by this section 
shall not affect the composition, or preclude the service, of 
any grand or petit jury summoned, impaneled, or actually 
serving on the effective date of this section.
    Sec. 625. Beginning 60 days from the date of enactment of 
this Act, none of the funds appropriated or otherwise made 
available by this Act may be made available for the 
participation by delegates of the United States to the Standing 
Consultative Commission unless the President certifies and so 
reports to the Committees on Appropriations that the United 
States Government is not implementing the Memorandum of 
Understanding Relating to the Treaty Between the United States 
of America and the Union of Soviet Socialist Republics on the 
limitation of Anti-Ballistic Missile Systems of May 26, 1972, 
entered into in New York on September 26, 1997, by the United 
States, Russia, Kazakhstan, Belarus, and Ukraine, or until the 
Senate provides its advice and consent to the Memorandum of 
Understanding.


                       time limitation on funding


    Sec. 626. (a) Notwithstanding any other provisions of this 
Act, appropriations and funds made available and authority 
granted pursuant to this Act (the Departments of Commerce, 
Justice, and State, and Judiciary, and Related Agencies 
Appropriations Act, 1999) shall cease to be available after 
June 15, 1999.
    (b) Appropriations and funds made available by or authority 
granted pursuant to the Act referenced in subsection (a) shall 
be apportioned under section 1513 of title 31, United States 
Code, in the manner established for funds provided by a joint 
resolution making continuing appropriations.
    (c) Appropriations made and authority granted pursuant to 
the Act referenced in subsection (a) shall cover all 
obligations or expenditures incurred for any program, project 
or activity during the period for which funds or authority for 
such project or activity are available under such Act.
    (d) Expenditures made during the period for which funds or 
authority are available under such Act shall be charged to the 
full-year amount provided for the applicable appropriation, 
fund, or authorization.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund


                              (rescission)


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

                            Legal Activities


                         asset forfeiture fund


                              (rescission)


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

                    Federal Bureau of Investigation


                             (rescissions)


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

                 Immigration and Naturalization Service


                       immigration emergency fund


                              (rescission)


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

                         DEPARTMENT OF COMMERCE


                             (rescissions)


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

             National Institute of Standards and Technology


                     industrial technology services


                              (rescission)


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

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


                           ship construction


                              (rescission)


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

                               TITLE VIII

SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.

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

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

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

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

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

             TITLE IX--NATIONAL WHALE CONSERVATION FUND ACT


                              short title


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


                                findings


    Sec. 902. Congress finds that--
            (1) the populations of whales that occur in waters 
        of the United States are resources of substantial 
        ecological, scientific, socioeconomic, and esthetic 
        value;
            (2) whale populations--
                    (A) form a significant component of marine 
                ecosystems;
                    (B) are the subject of intense research;
                    (C) provide for a multimillion dollar whale 
                watching tourist industry that provides the 
                public an opportunity to enjoy and learn about 
                great whales and the ecosystems of which the 
                whales are a part; and
                    (D) are of importance to Native Americans 
                for cultural and subsistence purposes;
            (3) whale populations are in various stages of 
        recovery, and some whale populations, such as the 
        northern right whale (Eubaleana glacialis) remain 
        perilously close to extinction;
            (4) the interactions that occur between ship 
        traffic, commercial fishing, whale watching vessels, 
        and other recreational vessels and whale populations 
        may affect whale populations adversely;
            (5) the exploration and development of oil, gas, 
        and hard mineral resources, marine debris, chemical 
        pollutants, noise, and other anthropogenic sources of 
        change in the habitat of whales may affect whale 
        populations adversely;
            (6) the conservation of whale populations is 
        subject to difficult challenges related to--
                    (A) the migration of whale populations 
                across international boundaries;
                    (B) the size of individual whales, as that 
                size precludes certain conservation research 
                procedures that may be used for other animal 
                species, such as captive research and breeding;
                    (C) the low reproductive rates of whales 
                that require long-term conservation programs to 
                ensure recovery of whale populations; and
                    (D) the occurrence of whale populations in 
                offshore waters where undertaking research, 
                monitoring, and conservation measures is 
                difficult and costly;
            (7)(A) the Secretary of Commerce, through the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, has research and regulatory 
        responsibility for the conservation of whales under the 
        Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
        seq.); and
            (B) the heads of other Federal agencies and the 
        Marine Mammal Commission established under section 201 
        of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
        1401) have related research and management activities 
        under the Marine Mammal Protection Act of 1972 or the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (8) the funding available for the activities 
        described in paragraph (8) is insufficient to support 
        all necessary whale conservation and recovery 
        activities; and
            (9) there is a need to facilitate the use of funds 
        from non-Federal sources to carry out the conservation 
        of whales.


                    national whale conservation fund


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

  AN ACT Making appropriations for the government of the District of 
 Columbia and other activities chargeable in whole or in part against 
  revenues of said District for the fiscal year ending September 30, 
                     1999, and for other purposes.

                             FEDERAL FUNDS

                  Metrorail Improvements and Expansion

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

                 Federal Payment for Management Reform

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

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

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

                  Nation's Capital Infrastructure Fund

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

   Environmental Study and Related Activities at Lorton Correctional 
                                Complex

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

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

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

           Federal Payment to the District of Columbia Courts

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

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

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

           Federal Payment for Metropolitan Police Department

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

                  Federal Payment for Fire Department

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

         Federal Payment to the Georgetown Waterfront Park Fund

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

         Federal Payment to Historical Society for City Museum

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

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

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

                       United States Park Police

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

              Federal Payment for Waterfront Improvements

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

                 Federal Payment for Mentoring Services

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

                  Federal Payment for Hotline Services

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

                  Federal Payment for Public Education

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

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

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

         Federal Payment for Children's National Medical Center

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

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

                   Governmental Direction and Support

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

                  Economic Development and Regulation

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

                       Public Safety and Justice

    Public safety and justice, including purchase or lease of 
135 passenger-carrying vehicles for replacement only, including 
130 for police-type use and five for fire-type use, without 
regard to the general purchase price limitation for the current 
fiscal year, $755,786,000 (including $530,945,000 from local 
funds, $30,327,000 from Federal funds, and $194,514,000 from 
other funds): Provided, That the Metropolitan Police Department 
is authorized to replace not to exceed 25 passenger-carrying 
vehicles and the Department of Fire and Emergency Medical 
Services of the District of Columbia is authorized to replace 
not to exceed five passenger-carrying vehicles annually 
whenever the cost of repair to any damaged vehicle 
exceedsthree-fourths of the cost of the replacement: Provided further, 
That not to exceed $500,000 shall be available from this appropriation 
for the Chief of Police for the prevention and detection of crime: 
Provided further, That the Metropolitan Police Department shall provide 
quarterly reports to the Committees on Appropriations of the House and 
Senate on efforts to increase efficiency and improve the 
professionalism in the department: Provided further, That 
notwithstanding any other provision of law, or Mayor's Order 86-45, 
issued March 18, 1986, the Metropolitan Police Department's delegated 
small purchase authority shall be $500,000: Provided further, That the 
District of Columbia government may not require the Metropolitan Police 
Department to submit to any other procurement review process, or to 
obtain the approval of or be restricted in any manner by any official 
or employee of the District of Columbia government, for purchases that 
do not exceed $500,000: Provided further, That the Mayor shall 
reimburse the District of Columbia National Guard for expenses incurred 
in connection with services that are performed in emergencies by the 
National Guard in a militia status and are requested by the Mayor, in 
amounts that shall be jointly determined and certified as due and 
payable for these services by the Mayor and the Commanding General of 
the District of Columbia National Guard: Provided further, That such 
sums as may be necessary for reimbursement to the District of Columbia 
National Guard under the preceding proviso shall be available from this 
appropriation, and the availability of the sums shall be deemed as 
constituting payment in advance for emergency services involved: 
Provided further, That the Metropolitan Police Department is authorized 
to maintain 3,800 sworn officers, with leave for a 50 officer 
attrition: Provided further, That no more than 15 members of the 
Metropolitan Police Department shall be detailed or assigned to the 
Executive Protection Unit, until the Chief of Police submits a 
recommendation to the Council for its review: Provided further, That 
$100,000 shall be available for inmates released on medical and 
geriatric parole: Provided further, That commencing on December 31, 
1998, the Metropolitan Police Department shall provide to the 
Committees on Appropriations of the Senate and House of 
Representatives, the Committee on Governmental Affairs of the Senate, 
and the Committee on Government Reform and Oversight of the House of 
Representatives, quarterly reports on the status of crime reduction in 
each of the 83 police service areas established throughout the District 
of Columbia: Provided further, That funds appropriated for expenses 
under the District of Columbia Criminal Justice Act, approved September 
3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et 
seq.), for the fiscal year ending September 30, 1999, shall be 
available for obligations incurred under the Act in each fiscal year 
since inception in the fiscal year 1975: Provided further, That funds 
appropriated for expenses under the District of Columbia Neglect 
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 
5-129; D.C. Code, sec. 16-2304), for the fiscal year ending September 
30, 1999, shall be available for obligations incurred under the Act in 
each fiscal year since inception in the fiscal year 1985: Provided 
further, That funds appropriated for expenses under the District of 
Columbia Guardianship, Protective Proceedings, and Durable Power of 
Attorney Act of 1986, effective February 27, 1987 (D.C. Law 6-204; D.C. 
Code, sec. 21-2060), for the fiscal year ending September 30, 1999, 
shall be available for obligations incurred under the Act in each 
fiscal year since inception in fiscal year 1989.

                        Public Education System

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

                         Human Support Services

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

                              Public Works

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

           Washington Convention Center Fund Transfer Payment

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

                    Repayment of Loans and Interest

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

                Repayment of General Fund Recovery Debt

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

              Payment of Interest on Short-Term Borrowing

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

                     Certificates of Participation

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

                      Human Resources Development

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

                          Productivity Savings

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

                         Receivership Programs

    For all agencies of the District of Columbia government 
under court ordered receivership, $318,979,000 (including 
$189,154,000 from local funds, $96,691,000 from Federal funds, 
and $33,134,000 from other funds): Provided, That, of the sums 
made available to the Commission on Mental Health Services, 
$5,000,000 shall be available to a 501(c)(3) nonprofit 
organization formed in 1991 and located in the District of 
Columbia to finance capital improvements to community-based 
housing facilities dedicated for use only by seriously and 
chronically mentally ill individuals in the District of 
Columbia.

District of Columbia Financial Responsibility and Management Assistance 
                               Authority

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

                            ENTERPRISE FUNDS

         Water and Sewer Authority and the Washington Aqueduct

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

              Lottery and Charitable Games Enterprise Fund

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

                    Cable Television Enterprise Fund

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

                       Public Service Commission

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

                     Office of the People's Counsel

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

           Department of Insurance and Securities Regulation

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

              Office of Banking and Financial Institutions

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

                             Starplex Fund

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

                         D.C. General Hospital

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

                         D.C. Retirement Board

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

                      Correctional Industries Fund

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

              Washington Convention Center Enterprise Fund

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

                               PERSONNEL

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

                             Capital Outlay


                        (including rescissions)


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

                           General Provisions

    Sec. 101. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive Order 
issued pursuant to existing law.
    Sec. 102. Except as otherwise provided in this Act, all 
vouchers covering expenditures of appropriations contained in 
this Act shall be audited before payment by the designated 
certifying official, and the vouchers as approved shall be paid 
by checks issued by the designated disbursing official.
    Sec. 103. Whenever in this Act, an amount is specified 
within an appropriation for particular purposes or objects of 
expenditure, such amount, unless otherwise specified, shall be 
considered as the maximum amount that may be expended for said 
purpose or object rather than an amount set apart exclusively 
therefor.
    Sec. 104. Appropriations in this Act shall be available, 
when authorized by the Mayor, for allowances for privately 
owned automobiles and motorcycles used for the performance of 
official duties at rates established by the Mayor: Provided, 
That such rates shall not exceed the maximum prevailing rates 
for such vehicles as prescribed in the Federal Property 
Management Regulations 101-7 (Federal Travel Regulations).
    Sec. 105. Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, 
when authorized by the Mayor: Provided, That, in the case of 
the Council of the District of Columbia, funds may be expended 
with the authorization of the chair of the Council.
    Sec. 106. There are appropriated from the applicable funds 
of the District of Columbia such sums as may be necessary for 
making refunds and for the payment of judgments that have been 
entered against the District of Columbia government: Provided, 
That nothing contained in this section shall be construed as 
modifying or affecting the provisions of section 11(c)(3) of 
title XII of the District of Columbia Income and Franchise Tax 
Act of 1947, approved March 31, 1956 (70 Stat. 78; Public Law 
84-460; D.C. Code, sec. 47-1812.11(c)(3)).
    Sec. 107. Appropriations in this Act shall be available for 
the payment of public assistance without reference to the 
requirement of section 544 of the District of Columbia Public 
Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
101; D.C. Code, sec. 3-205.44), and for payment of the non-
Federal share of funds necessary to qualify for grants under 
subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994.
    Sec. 108. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 109. No funds appropriated in this Act for the 
District of Columbia government for the operation of 
educational institutions, the compensation of personnel, or for 
other educational purposes may be used to permit, encourage, 
facilitate, or further partisan political activities. Nothing 
herein is intended to prohibit the availability of school 
buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 110. None of the funds appropriated in this Act shall 
be made available to pay the salary of any employee of the 
District of Columbia government whose name, title, grade, 
salary, past work experience, and salary history are not 
available for inspection by the House and Senate Committees on 
Appropriations, the Subcommittee on the District of Columbia of 
the House Committee on Government Reform and Oversight, the 
Subcommittee on Oversight of Government Management, 
Restructuring and the District of Columbia of the Senate 
Committee on Governmental Affairs, and the Council of the 
District of Columbia, or their duly authorized representative.
    Sec. 111. There are appropriated from the applicable funds 
of the District of Columbia such sums as may be necessary for 
making payments authorized by the District of Columbia Revenue 
Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2-
20; D.C. Code, sec. 47-421 et seq.).
    Sec. 112. No part of this appropriation shall be used for 
publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat 
legislation pending before Congress or any State legislature.
    Sec. 113. At the start of the fiscal year, the Mayor shall 
develop an annual plan, by quarter and by project, for capital 
outlay borrowings: Provided, That within a reasonable time 
after the close of each quarter, the Mayor shall report to the 
Council of the District of Columbia and the Congress the actual 
borrowings and spending progress compared with projections.
    Sec. 114. The Mayor shall not borrow any funds for capital 
projects unless the Mayor has obtained prior approval from the 
Council of the District of Columbia, by resolution, identifying 
the projects and amounts to be financed with such borrowings.
    Sec. 115. The Mayor shall not expend any moneys borrowed 
for capital projects for the operating expenses of the District 
of Columbia government.
    Sec. 116. None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District 
government agencies, that remain available for obligation or 
expenditure in fiscal year 1999, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure for an agency through a 
reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) establishes or 
changes allocations specifically denied, limited or increased 
by Congress in the Act; (4) increases funds or personnel by any 
means for any project or activity for which funds have been 
denied or restricted; (5) reestablishes through reprogramming 
any program or project previously deferred through 
reprogramming; (6) augments existing programs, projects, or 
activities through a reprogramming of funds in excess of 
$1,000,000 or 10 percent, whichever is less; or (7) increases 
by 20 percent or more personnel assigned to a specific program, 
project or activity; unless the Appropriations Committees of 
both the Senate and House of Representatives are notified in 
writing thirty days in advance of any reprogramming as set 
forth in this section.
    Sec. 117. None of the Federal funds provided in this Act 
shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or 
employee of the District of Columbia.
    Sec. 118. None of the Federal funds provided in this Act 
shall be obligated or expended to procure passenger automobiles 
as defined in the Automobile Fuel Efficiency Act of 1980, 
approved October 10, 1980 (94 Stat. 1824; Public Law 96-425; 15 
U.S.C. 2001(2)), with an Environmental Protection Agency 
estimated miles per gallon average of less than 22 miles per 
gallon: Provided, That this section shall not apply to 
security, emergency rescue, or armored vehicles.
    Sec. 119. (a) Notwithstanding section 422(7) of the 
District of Columbia Home Rule Act, approved December 24, 1973 
(87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), 
the City Administrator shall be paid, during any fiscal year, a 
salary at a rate established by the Mayor, not to exceed the 
rate established for Level IV of the Executive Schedule under 5 
U.S.C. 5315.
    (b) For purposes of applying any provision of law limiting 
the availability of funds for payment of salary or pay in any 
fiscal year, the highest rate of pay established by the Mayor 
under subsection (a) of this section for any position for any 
period during the last quarter of calendar year 1998 shall be 
deemed to be the rate of pay payable for that position for 
September 30, 1998.
    (c) Notwithstanding section 4(a) of the District of 
Columbia Redevelopment Act of 1945, approved August 2, 1946 (60 
Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), the 
Board of Directors of the District of Columbia Redevelopment 
Land Agency shall be paid, during any fiscal year, per diem 
compensation at a rate established by the Mayor.
    Sec. 120. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive 
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 
2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to 
section 422(3) of the District of Columbia Home Rule Act, 
approved December 24, 1973 (87 Stat. 790; Public Law 93-198; 
D.C. Code, sec. 1-242(3)), shall apply with respect to the 
compensation of District of Columbia employees: Provided, That 
for pay purposes, employees of the District of Columbia 
government shall not be subject to the provisions of title 5, 
United States Code.
    Sec. 121. The Director of the Office of Property Management 
may pay rentals and repair, alter, and improve rented premises, 
without regard to the provisions of section 322 of the Economy 
Act of 1932 (Public Law 72-212; 40 U.S.C. 278a), based upon a 
determination by the Director, that by reason of circumstances 
set forth in such determination, the payment of these rents and 
the execution of this work, without reference to the 
limitations of section 322, is advantageous to the District in 
terms of economy, efficiency, and the District's best interest.
    Sec. 122. No later than 30 days after the end of the first 
quarter of the fiscal year ending September 30, 1999, the Mayor 
of the District of Columbia shall submit to the Council of the 
District of Columbia the new fiscal year 1999 revenue estimates 
as of the end of the first quarter of fiscal year 1999. These 
estimates shall be used in the budget request for the fiscal 
year ending September 30, 2000. The officially revised 
estimates at midyear shall be used for the midyear report.
    Sec. 123. No sole source contract with the District of 
Columbia government or any agency thereof may be renewed or 
extended without opening that contract to the competitive 
bidding process as set forth in section 303 of the District of 
Columbia Procurement Practices Act of 1985, effective February 
21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that 
the District of Columbia government or any agency thereof may 
renew or extend sole source contracts for which competition is 
not feasible or practical: Provided, That the determination as 
to whether to invoke the competitive bidding process has been 
made in accordance with duly promulgated rules and procedures 
and said determination has been reviewed andapproved by the 
District of Columbia Financial Responsibility and Management Assistance 
Authority.
    Sec. 124. For purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985, approved December 12, 1985 (99 
Stat. 1037; Public Law 99-177), as amended, the term ``program, 
project, and activity'' shall be synonymous with and refer 
specifically to each account appropriating Federal funds in 
this Act, and any sequestration order shall be applied to each 
of the accounts rather than to the aggregate total of those 
accounts: Provided, That sequestration orders shall not be 
applied to any account that is specifically exempted from 
sequestration by the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    Sec. 125. In the event a sequestration order is issued 
pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public 
Law 99-177), as amended, after the amounts appropriated to the 
District of Columbia for the fiscal year involved have been 
paid to the District of Columbia, the Mayor of the District of 
Columbia shall pay to the Secretary of the Treasury, within 15 
days after receipt of a request therefor from the Secretary of 
the Treasury, such amounts as are sequestered by the order: 
Provided, That the sequestration percentage specified in the 
order shall be applied proportionately to each of the Federal 
appropriation accounts in this Act that are not specifically 
exempted from sequestration by the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 126. (a) An entity of the District of Columbia 
government may accept and use a gift or donation during fiscal 
year 1999 if--
            (1) the Mayor approves the acceptance and use of 
        the gift or donation: Provided, That the Council of the 
        District of Columbia may accept and use gifts without 
        prior approval by the Mayor; and
            (2) the entity uses the gift or donation to carry 
        out its authorized functions or duties.
    (b) Each entity of the District of Columbia government 
shall keep accurate and detailed records of the acceptance and 
use of any gift or donation under subsection (a) of this 
section, and shall make such records available for audit and 
public inspection.
    (c) For the purposes of this section, the term ``entity of 
the District of Columbia government'' includes an independent 
agency of the District of Columbia.
    (d) This section shall not apply to the District of 
Columbia Board of Education, which may, pursuant to the laws 
and regulations of the District of Columbia, accept and use 
gifts to the public schools without prior approval by the 
Mayor.
    Sec. 127. None of the Federal funds provided in this Act 
may be used by the District of Columbia to provide for 
salaries, expenses, or other costs associated with the offices 
of United States Senator or United States Representative under 
section 4(d) of the District of Columbia Statehood 
Constitutional Convention Initiatives of 1979, effective March 
10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
    Sec. 128. (a) The University of the District of Columbia 
shall submit to the Mayor, the District of Columbia Financial 
Responsibility and Management Assistance Authority (hereafter 
in this section referred to as ``Authority''), and the Council 
of the District of Columbia (hereafter in this section referred 
to as ``Council'') no later than 15 calendar days after the end 
of each month a report that sets forth--
            (1) current month expenditures and obligations, 
        year-to-date expenditures and obligations, and total 
        fiscal year expenditure projections versus budget, 
        broken out on the basis of control center, 
        responsibility center, and object class, and for all 
        funds, non-appropriated funds, and capital financing;
            (2) a list of each account for which spending is 
        frozen and the amount of funds frozen, broken out by 
        control center, responsibility center, detailed object, 
        and for all funding sources;
            (3) a list of all active contracts in excess of 
        $10,000 annually, which contains the name of each 
        contractor; the budget to which the contract is 
        charged, broken out on the basis of control center and 
        responsibility center, and contract identifying codes 
        used by the University of the District of Columbia; 
        payments made in the last month and year-to-date, the 
        total amount of the contract and total payments made 
        for the contract and any modifications, extensions, 
        renewals; and specific modifications made to each 
        contract in the last month;
            (4) all reprogramming requests and reports that 
        have been made by the University of the District of 
        Columbia within the last month in compliance with 
        applicable law; and
            (5) changes made in the last month to the 
        organizational structure of the University of the 
        District of Columbia, displaying previous and current 
        control centers and responsibility centers, the names 
        of the organizational entities that have been changed, 
        the name of the staff member supervising each entity 
        affected, and the reasons for the structural change.
    (b) The Mayor, the Authority, and the Council shall provide 
the Congress by February 1, 2000, a summary, analysis, and 
recommendations on the information provided in the monthly 
reports.
    Sec. 129. Funds authorized or previously appropriated to 
the government of the District of Columbia by this or any other 
Act to procure the necessary hardware and installation of new 
software, conversion, testing, and training to improve or 
replace its financial management system are also available for 
the acquisition of accounting and financial management services 
and the leasing of necessary hardware, software or any other 
related goods or services, as determined by the District of 
Columbia Financial Responsibility and Management Assistance 
Authority.
    Sec. 130. None of the funds contained in this Act may be 
made available to pay the fees of an attorney who represents a 
party who prevails in an action, including an administrative 
proceeding, brought against the District of Columbia Public 
Schools under the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.) if--
            (1) the hourly rate of compensation of the attorney 
        exceeds the hourly rate of compensation under section 
        11-2604(a), District of Columbia Code; or
            (2) the maximum amount of compensation of the 
        attorney exceeds the maximum amount of compensation 
        under section 11-2604(b)(1), District of Columbia Code, 
        except that compensation and reimbursement in excess of 
        such maximum may be approved for extended or complex 
        representation in accordance with section 11-2604(c), 
        District of Columbia Code.
    Sec. 131. None of the funds appropriated under this Act 
shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or 
where the pregnancy is the result of an act of rape or incest.


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


    Sec. 132. In using funds made available under this Act or 
any other Act for the repair and improvement of the District of 
Columbia's public school facilities, any entity of the District 
of Columbia government, including the District of Columbia 
Financial Responsibility and Management Assistance Authority, 
or its designee, may place orders for engineering and 
construction and related services with the Chief of Engineers 
of the U.S. Army Corps of Engineers. TheChief of Engineers may 
accept such orders on a reimbursable basis and may provide any part of 
such services by contract. In providing such services, the Chief of 
Engineers shall follow the Federal Acquisition Regulations and the 
implementing Department of Defense regulations. This section shall 
apply to fiscal year 1999 and each fiscal year thereafter.
    Sec. 133. None of the funds made available in this Act may 
be used to implement or enforce the Health Care Benefits 
Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-1401 
et seq.) or to otherwise implement or enforce any system of 
registration of unmarried, cohabiting couples (whether 
homosexual, heterosexual, or lesbian), including but not 
limited to registration for the purpose of extending 
employment, health, or governmental benefits to such couples on 
the same basis that such benefits are extended to legally 
married couples.
    Sec. 134. The Emergency Transitional Education Board of 
Trustees shall submit to the Congress, the Mayor, the District 
of Columbia Financial Responsibility and Management Assistance 
Authority, and the Council of the District of Columbia no later 
than 15 calendar days after the end of each month a report that 
sets forth--
            (1) current month expenditures and obligations, 
        year-to-date expenditures and obligations, and total 
        fiscal year expenditure projections versus budget, 
        broken out on the basis of control center, 
        responsibility center, agency reporting code, and 
        object class, and for all funds, including capital 
        financing;
            (2) a list of each account for which spending is 
        frozen and the amount of funds frozen, broken out by 
        control center, responsibility center, detailed object, 
        and agency reporting code, and for all funding sources;
            (3) a list of all active contracts in excess of 
        $10,000 annually, which contains the name of each 
        contractor; the budget to which the contract is 
        charged, broken out on the basis of control center, 
        responsibility center, and agency reporting code; and 
        contract identifying codes used by the District of 
        Columbia Public Schools; payments made in the last 
        month and year-to-date, the total amount of the 
        contract and total payments made for the contract and 
        any modifications, extensions, renewals; and specific 
        modifications made to each contract in the last month;
            (4) all reprogramming requests and reports that are 
        required to be, and have been, submitted to the Board 
        of Education; and
            (5) changes made in the last month to the 
        organizational structure of the D.C. Public Schools, 
        displaying previous and current control centers and 
        responsibility centers, the names of the organizational 
        entities that have been changed, the name of the staff 
        member supervising each entity affected, and the 
        reasons for the structural change.
    Sec. 135. (a) In General.--The Emergency Transitional 
Education Board of Trustees of the District of Columbia and the 
University of the District of Columbia shall annually compile 
an accurate and verifiable report on the positions and 
employees in the public school system and the university, 
respectively. The annual report shall set forth--
            (1) the number of validated schedule A positions in 
        the District of Columbia public schools and the 
        University of the District of Columbia for fiscal year 
        1998, fiscal year 1999, and thereafter on full-time 
        equivalent basis, including a compilation of all 
        positions by control center, responsibility center, 
        funding source, position type, position title, pay 
        plan, grade, and annual salary; and
            (2) a compilation of all employees in the District 
        of Columbia public schools and the University of the 
        District of Columbia as of the preceding December 31, 
        verified as to its accuracy in accordance with the 
        functions that each employee actually performs, by 
        control center, responsibility center, agency reporting 
        code, program (including funding source), activity, 
        location for accounting purposes, job title, grade and 
        classification, annual salary, and position control 
        number.
    (b) Submission.--The annual report required by subsection 
(a) of this section shall be submitted to the Congress, the 
Mayor, the District of Columbia Council, the Consensus 
Commission, and the Authority, not later than February 15 of 
each year.
    Sec. 136. (a) No later than October 1, 1998, or within 30 
calendar days after the date of the enactment of this Act, 
whichever occurs later, and each succeeding year, the 
Superintendent of the District of Columbia Public Schools and 
the University of the District of Columbia shall submit to the 
appropriate congressional committees, the Mayor, the District 
of Columbia Council, the Consensus Commission, and the District 
of Columbia Financial Responsibility and Management Assistance 
Authority, a revised appropriated funds operating budget for 
the public school system and the University of the District of 
Columbia for such fiscal year that is in the total amount of 
the approved appropriation and that realigns budgeted data for 
personal services and other-than-personal services, 
respectively, with anticipated actual expenditures.
    (b) The revised budget required by subsection (a) of this 
section shall be submitted in the format of the budget that the 
Superintendent of the District of Columbia Public Schools and 
the University of the District of Columbia submit to the Mayor 
of the District of Columbia for inclusion in the Mayor's budget 
submission to the Council of the District of Columbia pursuant 
to section 442 of the District of Columbia Home Rule Act, 
Public Law 93-198, as amended (D.C. Code, sec. 47-301).
    Sec. 137. The Emergency Transitional Education Board of 
Trustees, the Board of Trustees of the University of the 
District of Columbia, the Board of Library Trustees, and the 
Board of Governors of the University of the District of 
Columbia School of Law shall vote on and approve their 
respective annual or revised budgets before submission to the 
Mayor of the District of Columbia for inclusion in the Mayor's 
budget submission to the Council of the District of Columbia in 
accordance with section 442 of the District of Columbia Home 
Rule Act, Public Law 93-198, as amended (D.C. Code, sec. 47-
301), or before submitting their respective budgets directly to 
the Council.
    Sec. 138. (a) Ceiling on Total Operating Expenses.--
            (1) In general.--Notwithstanding any other 
        provision of law, the total amount appropriated in this 
        Act for operating expenses for the District of Columbia 
        for fiscal year 1999 under the caption ``Division of 
        Expenses'' shall not exceed the lesser of--
                    (A) the sum of the total revenues of the 
                District of Columbia for such fiscal year; or
                    (B) $5,211,920,000 (of which $132,912,000 
                shall be from intra-District funds and 
                $2,865,763,000 shall be from local funds), 
                which amount may be increased by the following:
                            (i) proceeds of one-time 
                        transactions, which are expended for 
                        emergency or unanticipated operating or 
                        capital needs approved by the District 
                        of Columbia Financial Responsibility 
                        and Management Assistance Authority; or
                            (ii) after notification to the 
                        Council, additional expenditures which 
                        the Chief Financial Officer of the 
                        District of Columbia certifies will 
                        produce additional revenues during such 
                        fiscal year at least equal to 200 
                        percent of such additional 
                        expenditures, and that are approved by 
                        the Authority.
            (2) Enforcement.--The Chief Financial Officer of 
        the District of Columbia and the Authority shall take 
        such steps as are necessary to assure that the District 
        of Columbia meets the requirements of this section, 
        including the apportioning by the Chief Financial 
        Officer of the appropriations and funds made available 
        to the District during fiscal year 1999, except that 
        the Chief Financial Officer may not reprogram for 
        operating expenses any funds derived from bonds, notes, 
        or other obligations issued for capital projects.
    (b) Acceptance and Use of Grants Not Included in Ceiling.--
            (1) In general.--Notwithstanding subsection (a), 
        the Mayor, in consultation with the Chief Financial 
        Officer, during a control year, as defined in section 
        305(4) of the District of Columbia Financial 
        Responsibility and Management Assistance Act of 1995, 
        approved April 17, 1995 (Public Law 104-8; 109 Stat. 
        152), may accept, obligate, and expend Federal, 
        private, and other grants received by the District 
        government that are not reflected in the amounts 
        appropriated in this Act.
            (2) Requirement of chief financial officer report 
        and authority approval.--No such Federal, private, or 
        other grant may be accepted, obligated, or expended 
        pursuant to paragraph (1) until--
                    (A) the Chief Financial Officer of the 
                District of Columbia submits to the Authority a 
                report setting forth detailed information 
                regarding such grant; and
                    (B) the Authority has reviewed and approved 
                the acceptance, obligation, and expenditure of 
                such grant in accordance with review and 
                approval procedures consistent with the 
                provisions of the District of Columbia 
                Financial Responsibility and Management 
                Assistance Act of 1995.
            (3) Prohibition on spending in anticipation of 
        approval or receipt.--No amount may be obligated or 
        expended from the general fund or other funds of the 
        District government in anticipation of the approval or 
        receipt of a grant under paragraph (2)(B) of this 
        subsection or in anticipation of the approval or 
        receipt of a Federal, private, or other grant not 
        subject to such paragraph.
            (4) Monthly reports.--The Chief Financial Officer 
        of the District of Columbia shall prepare a monthly 
        report setting forth detailed information regarding all 
        Federal, private, and other grants subject to this 
        subsection. Each such report shall be submitted to the 
        Council of the District of Columbia, and to the 
        Committees on Appropriations of the House of 
        Representatives and the Senate, not later than 15 days 
        after the end of the month covered by the report.
    (c) Report on Expenditures by Financial Responsibility and 
Management Assistance Authority.--Not later than 20 calendar 
days after the end of each fiscal quarter starting October 1, 
1998, the Authority shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate, 
the Committee on Government Reform and Oversight of the House, 
and the Committee on Governmental Affairs of the Senate 
providing an itemized accounting of all non-appropriated funds 
obligated or expended by the Authority for the quarter. The 
report shall include information on the date, amount, purpose, 
and vendor name, and a description of the services or goods 
provided with respect to the expenditures of such funds.
    (d) Application of Excess Revenues.--Local revenues 
collected in excess of amounts required to support 
appropriations in this Act for operating expenses for the 
District of Columbia for fiscal year 1999 under the caption 
``Division of Expenses'' shall be applied first to the 
elimination of the general fund accumulated deficit; second to 
a reserve account not to exceed $250,000,000 to be used to 
finance seasonal cash needs (in lieu of short term borrowings); 
third to accelerate repayment of cash borrowed from the Water 
and Sewer Fund; and fourth to reduce the outstanding long-term 
debt.
    Sec. 139. University of the District of Columbia Investment 
Authority. Section 108(b) of the District of Columbia Public 
Education Act (D.C. Code, sec. 31-1408) is amended by striking 
the period at the end of the sentence and adding the phrase ``, 
except that the funds appropriated in this section also may be 
invested in equity-based securities if approved by the Chief 
Financial Officer of the District of Columbia.''.
    Sec. 140. If a department or agency of the government of 
the District of Columbia is under the administration of a 
court-appointed receiver or other court-appointed official 
during fiscal year 1999 or any succeeding fiscal year, the 
receiver or official shall prepare and submit to the Mayor, for 
inclusion in the annual budget of the District of Columbia for 
the year, annual estimates of the expenditures and 
appropriations necessary for the maintenance and operation of 
the department or agency. All such estimates shall be forwarded 
by the Mayor to the Council, for its action pursuant to 
sections 446 and 603(c) of the District of Columbia Home Rule 
Act, without revision but subject to the Mayor's 
recommendations. Notwithstanding any provision of the District 
of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 
790; Public Law 93-198; D.C. Code sec. 1-101 et seq.) the 
Council may comment or make recommendations concerning such 
annual estimates but shall have no authority under such Act to 
revise such estimates.
    Sec. 141. The District of Columbia Financial Responsibility 
and Management Assistance Authority and the Superintendent of 
the District of Columbia Public Schools are hereby directed to 
report to the Appropriations Committees of the Senate and the 
House of Representatives, the Committee on Governmental Affairs 
of the Senate, and the Committee on Government Reform and 
Oversight of the House of Representatives not later than April 
1, 1999, on all measures necessary and steps to be taken to 
ensure that the District's Public Schools open on time to begin 
the 1999-2000 academic year.
    Sec. 142. (a) Notwithstanding any other provision of law, 
rule, or regulation, an employee of the District of Columbia 
public schools shall be--
            (1) classified as an Educational Service employee;
            (2) placed under the personnel authority of the 
        Board of Education; and
            (3) subject to all Board of Education rules.
    (b) School-based personnel shall constitute a separate 
competitive area from nonschool-based personnel who shall not 
compete with school-based personnel for retention purposes.
    Sec. 143. (a) Restrictions on Use of Official Vehicles.--
(1) Except as otherwise provided in this section, none of the 
funds made available by this Act or by any other Act may be 
used to provide any officer or employee of the District of 
Columbia with an official vehicle unless the officer or 
employee uses the vehicle only in the performance of the 
officer's or employee's official duties. For purposes of this 
paragraph, the term ``official duties'' does not include travel 
between the officer's or employee's residence and workplace 
(except in the case of an officer or employee of the 
Metropolitan Police Department who resides in the District of 
Columbia or is otherwise designated by the Chief of the 
Department).
    (2) Paragraph (1) shall not apply with respect to any 
vehicle provided to the officer of the Metropolitan Police 
Department who was wounded in the line of duty and who is 
referred to in the letter of July 15, 1998, from the Chief of 
the Department to the Chair of the Subcommittee on the District 
of Columbia of the Committee on Appropriations of the House of 
Representatives. Notwithstanding any other provision of law, 
the Chief may donate the vehicle to such officer as a gift on 
behalf of the District of Columbia, and the donation shall not 
be subject to any Federal, State, or local income or gift tax.
    (3) The Chief Financial Officer of the District of Columbia 
shall submit, by November 15, 1998, an inventory, as of 
September 30, 1998, of all vehicles owned, leased or operated 
by the District of Columbia government. The inventory shall 
include, but not be limited to, the department to which the 
vehicle is assigned; the year and make of the vehicle; the 
acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current 
mileage; and whether the vehicle is allowed to be taken home by 
a District officer or employee and if so, the officer or 
employee's title and resident location.
    Sec. 144. (a) Source of Payment for Employees Detailed 
Within Government.--For purposes of determining the amount of 
funds expended by any entity within the District of Columbia 
government during fiscal year 1999 and each succeeding fiscal 
year, any expenditures of the District government attributable 
to any officer or employee of the District government who 
provides services which are within the authority and 
jurisdiction of the entity (including any portion of the 
compensation paid to the officer or employee attributable to 
the time spent in providing such services) shall be treated as 
expenditures made from the entity's budget, without regard to 
whether the officer or employee is assigned to the entity or 
otherwise treated as an officer or employee of the entity.
    (b) Modification of Reduction in Force Procedures.--The 
District of Columbia Government Comprehensive Merit Personnel 
Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as amended, is 
further amended in section 2408(a) by deleting ``1998'' and 
inserting, ``1999''; in subsection (b), by deleting ``1998'' 
and inserting, ``1999''; in subsection (i), by deleting 
``1998'' and inserting, ``1999''; and in subsection (k), by 
deleting ``1998'' and inserting, ``1999''.


         assessment and placement of special education students


    Sec. 145. Notwithstanding any other provision of law, not 
later than 120 days after the date that a District of Columbia 
Public Schools [DCPS] student is referred for evaluation or 
assessment--
            (1) the District of Columbia Board of Education 
        (referred to in this section as the ``Board''),or its 
successor and DCPS shall assess or evaluate a student who may have a 
disability and who may require special education services; and
            (2) if a student is classified as having a 
        disability, as defined in section 101(a)(1) of the 
        Individuals with Disabilities Education Act (84 Stat. 
        175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the 
        Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C. 
        706(8)), the Board and DCPS shall place that student in 
        an appropriate program of special education services.
    Sec. 146. (a) Compliance With Buy American Act.--None of 
the funds made available in this Act may be expended by an 
entity unless the entity agrees that in expending the funds the 
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
    (b) Sense of the Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and 
        products.--In the case of any equipment or product that 
        may be authorized to be purchased with financial 
        assistance provided using funds made available in this 
        Act, it is the sense of the Congress that entities 
        receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and 
        products to the greatest extent practicable.
            (2) Notice to recipients of assistance.--In 
        providing financial assistance using funds made 
        available in this Act, the head of each agency of the 
        Federal or District of Columbia government shall 
        provide to each recipient of the assistance a notice 
        describing the statement made in paragraph (1) by the 
        Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 147. Notwithstanding any provision of any Federally-
granted charter or any other provision of law, beginning with 
fiscal year 1999 and for each fiscal year hereafter, the real 
property of the National Education Association located in the 
District of Columbia shall be subject to taxation by the 
District of Columbia in the same manner as any similar 
organization.
    Sec. 148. None of the funds contained in this Act may be 
used for purposes of the annual independent audit of the 
District of Columbia government (including the District of 
Columbia Financial Responsibility and Management Assistance 
Authority) for fiscal year 1999 unless--
            (1) the audit is conducted by the Inspector General 
        of the District of Columbia pursuant to section 
        208(a)(4) of the District of Columbia Procurement 
        Practices Act of 1985 (D.C. Code, sec. 1-1182.8(a)(4)); 
        and
            (2) the audit includes a comparison of audited 
        actual year-end results with the revenues submitted in 
        the budget document for such year and the 
        appropriations enacted into law for such year.
    Sec. 149. Nothing in this Act shall be construed to 
authorize any office, agency or entity to expend funds for 
programs or functions for which a reorganization plan is 
required but has not been approved by the District of Columbia 
Financial Responsibility and Management Assistance Authority 
(hereafter in this section referred to as ``Authority''). 
Appropriations made by this Act for such programs or functions 
are conditioned only on the approval by the Authority of the 
required reorganization plans.
    Sec. 150. Notwithstanding any other provision of law, rule, 
or regulation, the evaluation process and instruments for 
evaluating District of Columbia Public Schools employees shall 
be a non-negotiable item for collective bargaining purposes.
    Sec. 151. None of the funds contained in this Act may be 
used by the District of Columbia Corporation Counsel or any 
other officer or entity of the District government to provide 
assistance for any petition drive or civil action which seeks 
to require Congress to provide for voting representation in 
Congress for the District of Columbia.
    Sec. 152. The District of Columbia Financial Responsibility 
and Management Assistance Authority (hereafter in this section 
referred to as ``Authority'') shall report to the 
Appropriations Committees of the Senate and House of 
Representatives, the Committee on Governmental Affairs of the 
Senate, and the Committee on Government Reform and Oversight of 
the House of Representatives, by February 15, 1999, on the 
status of all partnerships or agreements entered into from 
January 1, 1994 through September 30, 1998, between the 
District of Columbia government and any nonprofit organization 
thatprovides medical care, substance abuse treatment, low 
income housing, food and shelter services, abstinance programs, or 
educational services to children, adults and families residing in the 
District. For those partnerships or agreements that have been 
terminated, the Authority shall report to Congress on the plans by the 
District government for reinitiating the partnerships or agreements 
with the respective nonprofit organization.
    Sec. 153. The Residency Requirement Reinstatement Amendment 
Act of 1998 (D.C. Act 12-340) is hereby repealed.
    Sec. 154. None of the funds contained in this Act may be 
used after April 1, 1999, to transfer or confine inmates 
classified above the medium security level, as defined by the 
Federal Bureau of Prisons classification instrument, to the 
Northeast Ohio Correctional Center located in Youngstown, Ohio.


                                reserve


    Sec. 155. The District of Columbia Financial Responsibility 
and Management Assistance Act of 1995, Public Law 104-8, Sec. 
202 is amended to include the following:
    ``(i) Reserve.--Beginning with fiscal year 2000, the plan 
or budget submitted pursuant to this Act shall contain 
$150,000,000 for a reserve to be established by the Chief 
Financial Officer for the District of Columbia and the District 
of Columbia Financial Responsibility and Management Assistance 
Authority: Provided, That the reserve shall only be expended 
according to criteria established by the Chief Financial 
Officer and approved by the District of Columbia Financial 
Responsibility and Management Assistance Authority.''.
    Sec. 156. Library Fundraising Authority.--D.C. Code Section 
37-105 is amended by striking the word ``and'' after section 
(11) and striking the period after section (12) and adding the 
following phrase:
    ``, (13) Notwithstanding any other provision of law, the 
Board of Trustees of the District of Columbia Public Library is 
authorized to hire a fund raiser and to raise funds from 
private sources and expend those funds for the benefit of the 
District of Columbia Public Library, with the prior review and 
approval of the Chief Financial Officer for the District of 
Columbia and the District of Columbia Financial Responsibility 
and Management Assistance Authority.''.


   district of columbia adoption improvement act of 1998 short title


    Sec. 157. (a) this section may be cited as the ``District 
of Columbia Adoption Improvement Act of 1998''.
    (b) Database.--The District of Columbia Child and Family 
Services Agency (referred to as ``CFSA'') shall maintain an 
accurate database listing and tracking any child found by the 
Family Division of the District of Columbia Superior Court to 
be abused or neglected and who is in the custody of the 
District of Columbia, including any child with the goal of 
adoption or legally free for adoption.
    (c) Contracting With Private Service Providers.--
            (1) Private contracts.--Not later than September 
        30, 1999, CFSA shall enter into contracts with private 
        service providers to perform some of the adoption 
        recruitment and placement functions of CFSA, which may 
        include recruitment, homestudy, and placement services.
            (2) Competitive bidding.--Any contract entered into 
        pursuant to paragraph (1) shall be subject to a 
        competitive bidding process when required by CFSA 
        contracting policies and procedures.
            (3) Performance-based compensation.--
                    (A) In general.--Any contract entered into 
                pursuant to paragraph (1) shall compensate the 
                winning bidder pursuant to paragraph (2) upon 
                completion of contract deliverables.
                    (B) Contract deliverables.--In identifying 
                contract deliverables, CFSA shall consider--
                            (i) in the case of recruitment, 
                        receipt of a list of potential adoptive 
                        families;
                            (ii) in the case of homestudies, 
                        receipt of a completed homestudy in a 
                        form specified in advance by CFSA; or
                            (iii) in the case of placements, 
                        the child is placed in an adoptive home 
                        approved by CFSA or the adoption is 
                        finalized.
            (4) Types of contracts.--Nothing in this section 
        shall be construed to prevent CFSA from entering into 
        contracts that provide for multiple deliverables or 
        conditions for partial payment.
            (5) Removal of barriers to adoption.--CFSA shall 
        meet with contractors to address issues identified 
        during the term of a contract entered into pursuant to 
        this section, including issues related to barriers to 
        timely adoptions.


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


    Sec. 158. (a) Section 11233(b)(2) of the National Capital 
Revitalization and Self-Government Improvement Act of 1997 
(Public Law 105-33) is amended by--
            (1) striking ``; and'' in subparagraph (F) and 
        inserting ``;'';
            (2) striking ``Columbia.'' in subparagraph (G) and 
        inserting ``Columbia; and''; and
            (3) inserting after subparagraph (G) the following:
                    ``(H) carry out all functions which have 
                heretofore been carried out by the Social 
                Services Division of the Superior Court 
                relating to supervision of adults subject to 
                protection orders or provision of services for 
                or related to such persons.''.
    (b) Section 11-1722 of the District of Columbia Code is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``juvenile'' after ``all'' 
                in the first sentence; and
                    (B) by amending the second sentence to read 
                as follows: ``The Director shall have no 
                jurisdiction over any adult under 
                supervision.'';
            (2) in subsection (b), inserting ``including the 
        agency established by section 11233(a) of the National 
        Capital Revitalization and Self-Government Improvement 
        Act of 1997,'' after ``Columbia,''; and
            (3) in subsection (c), by inserting ``juvenile'' 
        after ``of''.
    Sec. 159. Public Law 104-8 is amended by adding new section 
109 as follows:

``SEC. 109. CHIEF MANAGEMENT OFFICER.

    ``(a) The Authority may employ a Chief Management Officer 
of the District of Columbia, who shall be appointed by the 
Chair with the consent of the Authority. The Chief Management 
Officer shall assist the Authority in the fulfillment of its 
responsibilities under the District of Columbia Management 
Reform Act of 1997, subtitle B of the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
title XI of Public Law 105-33, to improve the effectiveness and 
efficiency of the District of Columbia Government. The 
Authority may delegate to the Chief Management Officer 
responsibility for oversight and supervision of departments and 
functions of the District of Columbia Government, or successor 
departments and functions, consistent with the District of 
Columbia Management Reform Act of 1997, subtitle B of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997, title XI of Public Law 105-33. The Chief 
Management Officer shall report directly to theAuthority, 
through the Chair of the Authority, and shall be directed in his or her 
performance by a majority of the Authority. The Chief Management 
Officer shall be paid at an annual rate determined by the Authority 
sufficient in the judgment of the Authority to obtain the services of 
an individual with the skills and experience required to discharge the 
duties of the office.
    ``(b) Employment Contract.--Notwithstanding any other 
provision of law, the employment agreement entered into as of 
January 15, 1998, between the Chief Management Officer and the 
District of Columbia Financial Responsibility and Management 
Assistance Authority shall be valid in all respects.''.
    Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is 
amended to read as follows--
    ``(A) Audit the financial statement and report described in 
paragraph (3)(H) for a fiscal year, except that the financial 
statement and report may not be audited by the same auditor (or 
an auditor employed by or affiliated with the same auditor) for 
more than 5 consecutive fiscal years; and''.
    Sec. 161. Deficit Reduction and Revitalization.--
Notwithstanding any other provision of law or this Act, funds 
allocated to management reform by the District of Columbia 
Financial Responsibility and Management Assistance Authority 
under this heading in Public Law 105-100 (111 Stat. 2159), as 
contained in the Authority's notification of June 24, 1998, 
shall remain available for management reform until September 
30, 1999: Provided, That said funds shall not exceed 
$3,200,000.
    Sec. 162. Prompt Payments. (a) Section 3901 of title 31, 
United States Code is amended by adding at the end the 
following new subsection (d):
    ``(d)(1) Notwithstanding subsection (a)(1) of this section, 
this chapter, except section 3907 of this title, applies to the 
District of Columbia Courts.
    ``(2) A claim for an interest penalty not paid under this 
chapter may be filed in the same manner as claims are filed 
with respect to contracts to provide property or services for 
the District of Columbia Courts.
    ``(3)(A) Except as provided in subparagraph (B), an 
interest penalty under this chapter does not continue to accrue 
for more than one year or after a claim for an interest penalty 
is filed in the manner described in paragraph (2), whichever is 
earlier.
    ``(B) If a claim for an interest penalty is filed in the 
manner described in paragraph (2) and interest is not available 
for such claims under the laws and regulations governing claims 
under contracts to provide property or services for the 
District of Columbia Courts, interest will accrue under this 
chapter as provided in paragraph (A) and from the date the 
claim is filed until the date the claim is paid.
    ``(4) Paragraph (3) of this subsection does not prevent an 
interest penalty from accruing on a claim if such interest is 
available for such claim under the laws and regulations 
governing claims under contracts to provide property or 
services for the District of Columbia Courts. Such interest may 
accrue on an unpaid contract payment and on the unpaid penalty 
under this chapter.
    ``(5) Except as provided in section 3904 of this title, 
this chapter does not require an interest penalty on a payment 
that is not made because of a dispute between the head of an 
agency and a business concern over the amount of payment or 
compliance with the contract. A claim related to the dispute, 
and any interest payable for the period during which the 
dispute is being resolved, is subject to the laws and 
regulations governing claims under contracts to provide 
property or services for the District of Columbia Courts.''.
    Sec. 163. Section 147 of the Nation's Capital Bicentennial 
Designation Act (Public Law 105-100; 111 Stat. 2180) is 
amended--
            (1) in subsection (a)(3)(B) by striking 
        ``President's Day'' and inserting ``Washington's 
        Birthday'';
            (2) in subsection (b)(1) by striking ``President's 
        Day'' and inserting ``Washington's Birthday''.
    Sec. 164. Section 101(b) of the District of Columbia 
Financial Responsibility and Management Assistance Act of 1995, 
Public Law 104-8, 109 Stat. 97, is amended by adding at the end 
of paragraph (5) the following new subparagraph:
                    ``(D) Continuation of service until 
                successor appointed.--Upon the expiration of a 
                term of office, a member of the Authority may 
                continue to serve until a successor has been 
                appointed.''
    Sec. 165. Section 456(d)(2) of the District of Columbia 
Home Rule Act (87 Stat. 774; Public Law 93-198, as amended) is 
amended by adding at the end:
                    ``(H) A statement of the balance of each 
                account held by the District of Columbia 
                Financial Responsibility and Management 
                Assistance Authority as of the end of the 
                quarter, together with a description of the 
                activities within each such account during the 
                quarter based on information supplied by the 
                Authority.''.
      Sec. 166. No funds made available pursuant to any 
provision of this Act or any other act now or hereafter enacted 
shall be used to capitalize the National Capital Revitalization 
Corporation or for the purpose of implementing the National 
Capital Revitalization Act of 1998 (D.C. Act 12-355) until at 
least 30 days after the District of Columbia Financial 
Responsibility and Management Assistance Authority submits to 
the appropriate committees of Congress an economic development 
strategy.
    Sec. 167. The District of Columbia government shall 
maintain for fiscal year 1999 the same funding levels as 
provided in fiscal year 1997 for homeless services in the 
District of Columbia: Provided, That in addition to such 
amounts, $1,000,000 shall be paid to The Doe Fund for its 
Ready, Willing & Able program in Washington, D.C.
    Sec. 168. (a) No later than November 1, 1998, or within 30 
calendar days after the date of the enactment of this Act, 
whichever occurs later, the Chief Financial Officer shall 
submit to the appropriate committees of Congress, the Mayor, 
and the District of Columbia Financial Responsibility and 
Management Assistance Authority a revised appropriated funds 
operating budget for all agencies of the District of Columbia 
government for such fiscal year that is in the total amount of 
the approved appropriation and that realigns budgeted data for 
personal services and other-than-personal-services, 
respectively, with anticipated actual expenditures.
    (b) The revised budget required by subsection (a) of this 
section shall be submitted in the format of the budget that the 
District of Columbia government submitted pursuant to section 
442 of the District of Columbia Home Rule Act, Public Law 93-
198, as amended (D.C. Code, sec. 47-301).
    Sec. 169. Notwithstanding section 602(c)(1) of the District 
of Columbia Home Rule Act, approved December 24, 1973, as 
amended (87 Stat. 813; Public Law 93-198; D.C. Code, sec. 1-
233(c)(1), D.C. Act 12-421), ``Oyster Elementary School 
Construction and Revenue Bond Act of 1998'', shall take effect 
upon the date of enactment of this Act.
    Sec. 170. None of the funds contained in this Act may be 
used for any program of distributing sterile needles or 
syringes for the hypodermic injection of any illegal drug, or 
for any payment to any individual or entity who carries out any 
such program.
    Sec. 171. None of the funds contained in this Act may be 
used to conduct any ballot initiative which seeks to legalize 
or otherwise reduce penalties associated with the possession, 
use, or distribution of any schedule I substance under the 
Controlled Substances Act (21 U.S.C. 802) or any 
tetrahydrocannabinols derivative.
    This Act may be cited as the ``District of Columbia 
Appropriations Act, 1999''.
      (d) For programs, projects or activities in the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1999, provided as follows, to be effective 
as if it had been enacted into law as the regular 
appropriations Act:

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

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE


                export-import bank of the united states


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


                         subsidy appropriation


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


                        administrative expenses


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


                overseas private investment corporation


                           noncredit account


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


                            program account


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

                  Funds Appropriated to the President


                      trade and development agency


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

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of1961, and for 
other purposes, to remain available until September 30, 1999, unless 
otherwise specified herein, as follows:


                  agency for international development


                child survival and disease programs fund


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


                         development assistance


                     (including transfer of funds)


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


                                 cyprus


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


                                 burma


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


                                cambodia


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


                               indonesia


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


                  private and voluntary organizations


    None of the funds appropriated or otherwise made available 
by this Act for development assistance may be made available to 
any United States private and voluntary organization, except 
any cooperative development organization, which obtains less 
than 20 percent of its total annual funding for international 
activities from sources other than the United States 
Government: Provided, That the Administrator of the Agency for 
International Development may, on a case-by-case basis, waive 
the restriction contained in this paragraph, after taking into 
account the effectiveness of the overseas development 
activities of the organization, its level of volunteer support, 
its financial viability and stability, and the degree of its 
dependence for its financial support on the agency: Provided 
further, That section 123(g) of the Foreign Assistance Act of 
1961 and the paragraph entitled ``Private and Voluntary 
Organizations'' in title II of the Foreign Assistance and 
Related Programs Appropriations Act, 1985 (as enacted in Public 
Law 98-473) are hereby repealed.
    Funds appropriated or otherwise made available under title 
II of this Act should be made available to private and 
voluntary organizations at a level which is at least equivalent 
to the level provided in fiscal year 1995. Such private and 
voluntary organizations shall include those which operate on a 
not-for-profit basis, receive contributions from private 
sources, receive voluntary support from the public and are 
deemed to be among the most cost-effective and successful 
providers of development assistance.


                   international disaster assistance


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


         micro and small enterprise development program account


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


             urban and environmental credit program account


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


     payment to the foreign service retirement and disability fund


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


     operating expenses of the agency for international development


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


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


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

                  Other Bilateral Economic Assistance


                         economic support fund


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


                     international fund for ireland


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


          assistance for eastern europe and the baltic states


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


  assistance for the new independent states of the former soviet union


    (a) For necessary expenses to carry out the provisions of 
chapter 11 of part I of the Foreign Assistance Act of 1961 and 
the FREEDOM Support Act, for assistance for the New Independent 
States of the former Soviet Union and for related programs, 
$801,000,000, to remain available until September 30, 2000: 
Provided, That the provisions of such chapter shall apply to 
funds appropriated by this paragraph: Provided further, That 
such sums as may be necessary may be transferred to the Export-
Import Bank of the United States for the cost of any financing 
under the Export-Import Bank Act of 1945 for activities for the 
New Independent States.
    (b) Funds appropriated under title II of this Act, 
including funds appropriated under this heading, should be made 
available for assistance for Mongolia at a level which is at 
least equivalent to the level provided in fiscal year 1998: 
Provided, That funds made available for assistance for Mongolia 
may be made available in accordance with the purposes and 
utilizing the authorities provided in chapter 11 of part I of 
the Foreign Assistance Act of 1961.
    (c)(1) Of the funds appropriated under this heading that 
are allocated for assistance for the Government of Russia, 50 
percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on 
Appropriations that the Government of Russia has terminated 
implementation of arrangements to provide Iran with technical 
expertise, training, technology, or equipment necessary to 
develop a nuclear reactor, related nuclear research facilities 
or programs, or ballistic missile capability.
    (2) Notwithstanding paragraph (1) assistance may be 
provided for the Government of Russia if the President 
determines and certifies to the Committees on Appropriations 
that making such funds available: (A) is vital to the national 
security interest of the United States; and (B) that the 
Government of Russia is taking meaningful steps to limit major 
supply contracts and to curtail the transfer of technology and 
technological expertise related to activities referred to in 
paragraph (1).
    (d) Not more than 30 percent of the funds appropriated 
under this heading may be made available for assistance for any 
country in the region.
    (e) Of the funds appropriated under this heading, not less 
than $228,000,000 shall be made available for assistance for 
the Southern Caucasus region: Provided, That of the funds made 
available for the Southern Caucasus region, 17.5 percent should 
be used for reconstruction and other activities relating to the 
peaceful resolution of conflicts within the region, especially 
those in the vicinity of Abkhazia and Nagorno-Karabakh: 
Provided further, That if the Secretary of State after May 30, 
1999, determines and reports to the relevant committees of 
Congress that the full amount of funds that may be made 
available under the first proviso cannot be effectively 
utilized, the amount provided may be used for other purposes 
under this heading: Provided further, That of the funds 
provided under this subsection, 37 percent shall be made 
available for assistance for Georgia and 35 percent shall be 
made available for assistance for Armenia: Provided further, 
That of funds made available for Armenia, not less than 12 
percent shall be made available for an endowment for the 
American University in Armenia.
    (f) Section 907 of the FREEDOM Support Act shall not apply 
to--
            (1) activities to support democracy or assistance 
        under title V of the FREEDOM Support Act and section 
        1424 of Public Law 104-201;
            (2) any assistance provided by the Trade and 
        Development Agency under section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421);
            (3) any activity carried out by a member of the 
        United States and Foreign Commercial Service while 
        acting within his or her official capacity;
            (4) any insurance, reinsurance, guarantee, or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et 
        seq.);
            (5) any financing provided under the Export-Import 
        Bank Act of 1945; or
            (6) humanitarian assistance.
    (g) Of the funds appropriated under this heading, not less 
than $195,000,000 shall be made available for assistance for 
Ukraine: Provided, That not less than $25,000,000 of such funds 
should be made available for nuclear reactor safety programs, 
of which not less than $1,000,000 shall be made available for 
personnel security initiatives at all nuclear reactor 
installations: Provided further, That 50 percent of the amount 
made available in this subsection, exclusive of funds made 
available for nuclear safety and law enforcement reforms, shall 
be withheld from obligation and expenditure until the Secretary 
of State reports to the Committees on Appropriations that 
Ukraine has undertaken significant economic reforms additional 
to those achieved in fiscal year 1998, and include: (1) reform 
and effective enforcement of commercial and tax codes; and (2) 
continued progress on resolution of complaints by United States 
investors: Provided further, That the report in the previous 
proviso shall be provided 120 days after the date of enactment 
of this Act: Provided further, That for the purposes of the 
agreement with Ukraine submitted to the Congress under section 
123 of the Atomic Energy Act of 1954, as amended, the 
requirement to submit the agreement and related documents to 
the Congress and the appropriate congressional committees for 
the periods described in that Act shall be deemed satisfied 
upon the enactment of this Act.
    (h) The Coordinator for Assistance to the New Independent 
States of the Former Soviet Union shall inform the Committees 
on Appropriations prior to the obligation of funds made 
available under this heading for a United States national lab 
to administer nuclear safety activities if the management costs 
exceed 9 percent of the costs associated with the program or 
activity.

                           Independent Agency


                              peace corps


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

                          Department of State


          international narcotics control and law enforcement


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


                    migration and refugee assistance


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


     united states emergency refugee and migration assistance fund


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


    nonproliferation, anti-terrorism, demining and related programs


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

                       Department of the Treasury


                           debt restructuring


    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying direct loans and 
loan guarantees, as the President may determine, for which 
funds have been appropriated or otherwise made available for 
programs within the International Affairs Budget Function 150, 
including the cost of selling, reducing, or canceling amounts, 
through debt buybacks and swaps, owed to the United States as a 
result of concessional loans made to eligible Latin American 
and Caribbean countries, pursuant to part IV of the Foreign 
Assistance Act of 1961; of modifying concessional credit 
agreements with least developed countries, as authorized under 
section 411 of the Agricultural Trade Development and 
Assistance Act of 1954, as amended; and concessional loans, 
guarantees and credit agreements with any country in sub-
Saharan Africa, as authorized under section 572 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461); and of modifying 
any obligation, or portion of such obligation for Latin 
American countries to pay for purchases of United States 
agricultural commodities guaranteed by the Commodity Credit 
Corporation under export credit guarantee programs authorized 
pursuant to section 5(f ) of the Commodity Credit Corporation 
Charter Act of June 29, 1948, as amended, section 4(b) of the 
Food for Peace Act of 1966, as amended (Public Law 89-808), or 
section 202 of the Agricultural Trade Act of 1978, as amended 
(Public Law 95-501), $33,000,000, to remain available until 
expended: Provided, That not to exceed $2,900,000 of such funds 
may be used for implementation of improvements in the foreign 
credit reporting system of the United States Government: 
Provided further, That the authority provided by section 572 of 
Public Law 100-461 may be exercised only with respect to 
countries that are eligible to borrow from the International 
Development Association, but not from the International Bank 
for Reconstruction and Development, commonly referred to as 
``IDA-only'' countries: Provided further, That the authorities 
and appropriation under this heading shall also satisfy the 
requirement of section 808(a)(3) of part V of the Foreign 
Assistance Act, as amended, for the purpose of debt buybacks 
and swaps which incur no costs (as defined under section 502(5) 
of the Federal Credit Reform Act of 1990) in fiscal year 1999.


               international affairs technical assistance


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


       united states community adjustment and investment program


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

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President


             international military education and training


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


                   foreign military financing program


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


                        peacekeeping operations


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

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president


                  international financial institutions


     contribution to the international bank for reconstruction and 
                              development


                      global environment facility


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


       contribution to the international development association


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


          contribution to the inter-american development bank


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


          contribution to the inter-american development bank


                      fund for special operations


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


              limitation on callable capital subscriptions


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


  contribution to the enterprise for americas multilateral investment 
                                  fund


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


               contribution to the asian development bank


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


              limitation on callable capital subscriptions


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


               contribution to the asian development fund


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


              contribution to the african development fund


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


  contribution to the european bank for reconstruction and development


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


              limitation on callable capital subscriptions


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

                International Organizations and Programs

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

                      TITLE V--GENERAL PROVISIONS


             obligations during last month of availability


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


     prohibition of bilateral funding for international financial 
                              institutions


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


                    limitation on residence expenses


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


                         limitation on expenses


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


               limitation on representational allowances


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


                 prohibition on financing nuclear goods


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


        prohibition against direct funding for certain countries


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


                             military coups


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


                       transfers between accounts


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


                  deobligation/reobligation authority


    Sec. 510. (a) Amounts certified pursuant to section 1311 of 
the Supplemental Appropriations Act, 1955, as having been 
obligated against appropriations heretofore made under the 
authority of the Foreign Assistance Act of 1961 for the same 
general purpose as any of the headings under title II of this 
Act are, if deobligated, hereby continued available for the 
same period as the respective appropriations under such 
headings or until September 30, 1999, whichever is later, and 
for the same general purpose, and for countries within the same 
region as originally obligated: Provided, That the 
Appropriations Committees of both Houses of the Congress are 
notified 15 days in advance of the reobligation of such funds 
in accordance with regular notification procedures of the 
Committees on Appropriations.
    (b) Obligated balances of funds appropriated to carry out 
section 23 of the Arms Export Control Act as of the end of the 
fiscal year immediately preceding the current fiscal year are, 
if deobligated, hereby continued available during the current 
fiscal year for the same purpose under any authority applicable 
to such appropriations under this Act: Provided, That the 
authority of this subsection may not be used in fiscal year 
1999.


                         availability of funds


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


            limitation on assistance to countries in default


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


                           commerce and trade


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


                          surplus commodities


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


                       notification requirements


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


limitation on availability of funds for international organizations and 
                                programs


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


           new independent states of the former soviet union


    Sec. 517. (a) None of the funds appropriated under the 
heading ``Assistance for the New Independent States of the 
Former Soviet Union'' shall be made available for assistance 
for a Government of the New Independent States of the former 
Soviet Union--
            (1) unless that Government is making progress in 
        implementing comprehensive economic reforms based on 
        market principles, private ownership, respect for 
        commercial contracts, and equitable treatment of 
        foreign private investment; and
            (2) if that Government applies or transfers United 
        States assistance to any entity for the purpose of 
        expropriating or seizing ownership or control of 
        assets, investments, or ventures.
Assistance may be furnished without regard to this subsection 
if the President determines that to do so is in the national 
interest.
    (b) None of the funds appropriated under the heading 
``Assistance for the New Independent States of the Former 
Soviet Union'' shall be made available for assistance for a 
Government of the New Independent States ofthe former Soviet 
Union if that government directs any action in violation of the 
territorial integrity or national sovereignty of any other new 
independent state, such as those violations included in the Helsinki 
Final Act: Provided, That such funds may be made available without 
regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest of the 
United States.
    (c) None of the funds appropriated under the heading 
``Assistance for the New Independent States of the Former 
Soviet Union'' shall be made available for any state to enhance 
its military capability: Provided, That this restriction does 
not apply to demilitarization, demining or nonproliferation 
programs.
    (d) Funds appropriated under the heading ``Assistance for 
the New Independent States of the Former Soviet Union'' shall 
be subject to the regular notification procedures of the 
Committees on Appropriations.
    (e) Funds made available in this Act for assistance to the 
New Independent States of the former Soviet Union shall be 
subject to the provisions of section 117 (relating to 
environment and natural resources) of the Foreign Assistance 
Act of 1961.
    (f) Funds appropriated in this or prior appropriations Acts 
that are or have been made available for an Enterprise Fund in 
the New Independent States of the Former Soviet Union may be 
deposited by such Fund in interest-bearing accounts prior to 
the disbursement of such funds by the Fund for program 
purposes. The Fund may retain for such program purposes any 
interest earned on such deposits without returning such 
interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate 
necessary to make timely payment for projects and activities.
    (g) In issuing new task orders, entering into contracts, or 
making grants, with funds appropriated in this Act or prior 
appropriations Acts under the heading ``Assistance for the New 
Independent States of the Former Soviet Union'' for projects or 
activities that have as one of their primary purposes the 
fostering of private sector development, the Coordinator for 
United States Assistance to the New Independent States and the 
implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources 
(including volunteer services and in-kind contributions) in 
such projects and activities.
    (h)(1) Withholding of Assistance.--None of the funds 
appropriated by this Act may be made available for assistance 
for the Government of the Russian Federation, after 180 days 
from the date of enactment of this Act, until agreement has 
been reached that assistance provided with funds appropriated 
by this Act will not be subject to customs duties or that 
legislation has been enacted and is in force that exempts such 
assistance from being subject to customs duties.
    (2) Waiver.--Notwithstanding paragraph (1), assistance may 
be provided for the Government of the Russian Federation if the 
President determines that significant progress has been made on 
reaching an agreement, or enacting and enforcing legislation, 
that meets the objectives of this section to provide exemption 
from customs duties for assistance furnished under this Act.


   prohibition on funding for abortions and involuntary sterilization


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


         excess defense articles for central european countries


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


                   special notification requirements


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


              definition of program, project, and activity


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


               child survival, aids, and other activities


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


       prohibition against indirect funding to certain countries


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


                           reciprocal leasing


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


                notification on excess defense equipment


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


                       authorization requirement


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


                           democracy in china


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


       prohibition on bilateral assistance to terrorist countries


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


                 commercial leasing of defense articles


    Sec. 529. Notwithstanding any other provision of law, and 
subject to the regular notification procedures of the 
Committees on Appropriations, the authority of section 23(a) of 
the Arms Export Control Act may be used to provide financing to 
Israel, Egypt and NATO and major non-NATO allies for the 
procurement by leasing (including leasing with an option to 
purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than 
helicopters and other types of aircraft having possible 
civilian application), if the President determines that there 
are compelling foreign policy or national security reasons for 
those defense articles being provided by commercial lease 
rather than by government-to-government sale under such Act.


                         competitive insurance


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


                  stingers in the persian gulf region


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


                          debt-for-development


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


                           separate accounts


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


  compensation for united states executive directors to international 
                         financial institutions


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


         compliance with united nations sanctions against iraq


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


           competitive pricing for sales of defense articles


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


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


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


                  impact on jobs in the united states


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


                      serbia-montenegro and kosova


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


                          special authorities


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


        policy on terminating the arab league boycott of israel


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


                       anti-narcotics activities


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


                       eligibility for assistance


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


                                earmarks


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


                         ceilings and earmarks


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


                 prohibition on publicity or propaganda


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


            purchase of american-made equipment and products


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


           prohibition of payments to united nations members


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


                          consulting services


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


             private voluntary organizations--documentation


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


  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism


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


 withholding of assistance for parking fines owed by foreign countries


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


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


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


                     war crimes tribunals drawdown


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


                               landmines


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


           restrictions concerning the palestinian authority


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


               prohibition of payment of certain expenses


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


                     equitable allocation of funds


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


                  special debt relief for the poorest


    Sec. 559. (a) Authority To Reduce Debt.--The President may 
reduce amounts owed to the United States (or any agency of the 
United States) by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of 
        the Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the 
        Arms Export Control Act; or
            (3) any obligation or portion of such obligation 
        for a Latin American country, to pay for purchases of 
        United States agricultural commodities guaranteed by 
        the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f ) 
        of the Commodity Credit Corporation Charter Act of June 
        29, 1948, as amended, section 4(b) of the Food for 
        Peace Act of 1966, as amended (Public Law 89-808), or 
        section 202 of the Agricultural Trade Act of 1978, as 
        amended (Public Law 95-501).
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt 
        relief ad referendum agreements, commonly referred to 
        as ``Paris Club Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is 
        provided in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy 
        debt burdens that are eligible to borrow from the 
        International Development Association, but not from the 
        International Bank for Reconstruction and Development, 
        commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) 
may be exercised only with respect to a country whose 
government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international 
        narcotics control matters;
            (4) (including its military or other security 
        forces) does not engage in a consistent pattern of 
        gross violations of internationally recognized human 
        rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt restructuring 
''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance 
for purposes of any provision of law limiting assistance to a 
country. The authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961.


             authority to engage in debt buybacks or sales


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


                   limitation on assistance for haiti


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


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


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


   restrictions on voluntary contributions to united nations agencies


    Sec. 563. (a) Prohibition on Voluntary Contributions for 
the United Nations.--None of the funds appropriated by this Act 
may be made available to pay any voluntary contribution of the 
United States to the United Nations (including the United 
Nations Development Program) if the United Nations implements 
or imposes any taxation on any United States persons.
    (b) Certification Required for Disbursement of Funds.--None 
of the funds appropriated by this Act may be made available to 
pay any voluntary contribution of the United States to the 
United Nations (including the United Nations Development 
Program) unless the President certifies to the Congress 15 days 
in advance of such payment that the United Nations is not 
engaged in any effort to implement or impose any taxation on 
United States persons in order to raise revenue for the United 
Nations or any of its specialized agencies.
    (c) Definitions.--As used in this section the term ``United 
States person'' refers to--
            (1) a natural person who is a citizen or national 
        of the United States; or
            (2) a corporation, partnership, or other legal 
        entity organized under the United States or any State, 
        territory, possession, or district of the United 
        States.


                           burma labor report


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


                                 haiti


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


         limitation on assistance to the palestinian authority


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


         limitation on assistance to the government of croatia


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


              limitation on assistance to security forces


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


      limitations on transfer of military equipment to east timor


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


restrictions on assistance to countries providing sanctuary to indicted 
                             war criminals


    Sec. 570. (a) Bilateral Assistance.--None of the funds made 
available by this or any prior Act making appropriations for 
foreign operations, export financing and related programs, may 
be provided for any country, entity or canton described in 
subsection (e).
    (b) Multilateral Assistance.--
            (1) Prohibition.--The Secretary of the Treasury 
        shall instruct the United States executive directors of 
        the international financial institutions to work in 
        opposition to, and vote against, any extension by such 
        institutions of any financial or technical assistance 
        or grants of any kind to any country or entity 
        described in subsection (e).
            (2) Notification.--Not less than 15 days before any 
        vote in an international financial institution 
        regarding the extension of financial or technical 
        assistance or grants to any country or entity described 
        in subsection (e), the Secretary of the Treasury, in 
        consultation with the Secretary of State, shall provide 
        to the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on Banking and 
        Financial Services of the House of Representatives a 
        written justification for the proposed assistance, 
        including an explanation of the United States position 
        regarding any such vote, as well as a description of 
        the location of the proposed assistance by 
        municipality, its purpose, and its intended 
        beneficiaries.
            (3) Definition.--The term ``international financial 
        institution'' includes the International Monetary Fund, 
        the International Bank for Reconstruction and 
        Development, the International Development Association, 
        the International Finance Corporation, the Multilateral 
        Investment Guaranty Agency, and the European Bank for 
        Reconstruction and Development.
    (c) Exceptions.--
            (1) In general.--Subject to paragraph (2), 
        subsections (a) and (b) shall not apply to the 
        provision of--
                    (A) humanitarian assistance;
                    (B) democratization assistance;
                    (C) assistance for cross border physical 
                infrastructure projects involving activities in 
                both a sanctioned country, entity, or canton 
                and a nonsanctioned contiguous country, entity, 
                or canton, if the project is primarily located 
                in and primarily benefits the nonsanctioned 
                country, entity, or canton and if the portion 
                of the project located in the sanctioned 
                country, entity, or canton is necessary only to 
                complete the project;
                    (D) small-scale assistance projects or 
                activities requested by United States Armed 
                Forces that promote good relations between such 
                forces and the officials and citizens of the 
                areas in the United States SFOR sector of 
                Bosnia;
                    (E) implementation of the Brcko Arbitral 
                Decision;
                    (F) lending by the international financial 
                institutions to a country or entity to support 
                common monetary and fiscal policies at the 
                national level as contemplated by the Dayton 
                Agreement; or
                    (G) direct lending to a non-sanctioned 
                entity, or lending passed on by the national 
                government to a non-sanctioned entity.
                    (H) assistance to the International Police 
                Task Force for the training of a civilian 
                police force.
            (2) Notification.--Every 30 days the Secretary of 
        State, in consultation with the Administrator of the 
        Agency for International Development, shall publish in 
        the Federal Register and/or in a comparable publicly 
        accessible document or internet site, a listing and 
        justification of any assistance that is obligated 
        within that period of time for any country, entity, or 
        canton described in subsection (e), including a 
        description of the purpose of the assistance project 
        and its location, by municipality.
    (d) Further limitations.--Notwithstanding subsection (c)--
            (1) no assistance may be made available by this 
        Act, or any prior Act making appropriations for foreign 
        operations, export financing and related programs, in 
        any country, entity, or canton described in subsection 
        (e), for a program, project, or activity in which a 
        publicly indicted war criminal is known to have any 
        financial or material interest; and
            (2) no assistance (other than emergency foods or 
        medical assistance or demining assistance) may be made 
        available by this Act, or any prior Act making 
        appropriations for foreign operations, export financing 
        and related programs for any program, project, or 
        activity in a community within any country, entity or 
        canton described in subsection (e) if competent 
        authorities within that community are not complying 
        with the provisions of Article IX and Annex 4, Article 
        II, paragraph 8 of the Dayton Agreement relating to war 
        crimes and the Tribunal.
    (e) Sanctioned Country, Entity, or Canton.--A sanctioned 
country, entity, or canton described in this section is one 
whose competent authorities have failed, as determined by the 
Secretary of State, to take necessary and significant steps to 
apprehend and transfer to the Tribunal all persons who have 
been publicly indicted by the Tribunal.
    (f) Waiver.--
            (1) In general.--The Secretary of State may waive 
        the application of subsection (a) or subsection (b) 
        with respect to specified bilateral programs or 
        international financial institution projects or 
        programs in a sanctioned country, entity, or canton 
        upon providing a written determination to the Committee 
        on Appropriations and the Committee on Foreign 
        Relations of the Senate and the Committee on 
        Appropriations and the Committee on International 
        Relations of the House of Representatives that such 
        assistance directly supports the implementation of the 
        Dayton Agreement and its Annexes, which include the 
        obligation to apprehend and transfer indicted war 
        criminals to the Tribunal.
            (2) Report.--Not later than 15 days after the date 
        of any written determination under paragraph (1) the 
        Secretary of State shall submit a report to the 
        Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on International 
        Relations of the House of Representatives regarding the 
        status of efforts to secure the voluntary surrender or 
        apprehension and transfer of persons indicted by the 
        Tribunal, in accordance with the Dayton Agreement, and 
        outlining obstacles to achieving this goal; and
            (3) Assistance programs and projects affected.--Any 
        waiver made pursuant to this subsection shall be 
        effective only with respect to a specified bilateral 
        program or multilateral assistance project or program 
        identified in the determination of the Secretary of 
        State to Congress.
    (g) Termination of Sanctions.--The sanctions imposed 
pursuant to subsections (a) and (b) with respect to a country 
or entity shall cease to apply only if the Secretary of State 
determines and certifies to Congress that the authorities of 
that country, entity, or canton have apprehended and 
transferred to the Tribunal all persons who have been publicly 
indicted by the Tribunal.
    (h) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia-
        Herzegovina, Croatia, Serbia, and Montenegro.
            (2) Entity.--The term ``entity'' refers to the 
        Federation of Bosnia and Herzegovina and the Republika 
        Srpska.
            (3) Canton.--The term ``canton'' means the 
        administrative units in Bosnia and Herzegovina.
            (4) Dayton agreement.--The term ``Dayton 
        Agreement'' means the General Framework Agreement for 
        Peace in Bosnia and Herzegovina, together with annexes 
        relating thereto, done at Dayton, November 10 through 
        16, 1995.
            (5) Tribunal.--The term ``Tribunal'' means the 
        International Criminal Tribunal for the Former 
        Yugoslavia.
    (i) Role of Human Rights Organizations and Government 
Agencies.--In carrying out this section, the Secretary of 
State, the Administrator of the Agency for International 
Development, and the executive directors of the international 
financial institutions shall consult with representatives of 
human rights organizations and all government agencies with 
relevant information to help prevent publicly indicted war 
criminals from benefitting from any financial or technical 
assistance or grants provided to any country or entity 
described in subsection (e).


additional requirements relating to stockpiling of defense articles for 
                           foreign countries


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


 to prohibit foreign assistance to the government of russia should it 
 enact laws which would discriminate against minority religious faiths 
                       in the russian federation


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


                        greenhouse gas emissions


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


withholding assistance to countries violating united nations sanctions 
                             against libya


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


       aid to the government of the democratic republic of congo


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


                     assistance for the middle east


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


                      enterprise fund restrictions


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


                                cambodia


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


                 export financing transfer authorities


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


                 authorization for population planning


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


   report on all united states military training provided to foreign 
                           military personnel


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


            korean peninsula energy development organization


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


   national advisory council on international monetary and financial 
                                policies


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


 prohibition on assistance to the palestinian broadcasting corporation


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


       report on iraqi development of weapons of mass destruction


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


                    sense of congress regarding iran


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


                         aid office of security


    Sec. 587. (a) Establishment of Office.--There shall be 
established within the Office of the Administrator of the 
Agency for International Development, an Office of Security. 
Such Office of Security shall, notwithstanding any other 
provision of law except section 207 of the Foreign Service Act 
of 1980 and section 103 of Public Law 199-339, have the 
responsibility for the supervision, direction, and control of 
all security activities relating to the programs and operations 
of that Agency.
    (b) Transfer and Allocation of Appropriations and 
Personnel.--There are transferred to theOffice of Security all 
security functions exercised by the Office of Inspector General of the 
Agency for International Development exercised before the date of 
enactment of this Act. The Administrator shall transfer from the Office 
of the Inspector General of such Agency to the Office of Security 
established by subsection (a), the personnel (including the Senior 
Executive Service position designated for the Assistant Inspector 
General for Security), assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, and other 
funds held, used, available to, or to be made available in connection 
with such functions. Unexpended balances of appropriations, and other 
funds made available or to be made available in connection with such 
functions, shall be transferred to and merged with funds appropriated 
by this Act under the heading ``Operating Expenses of the Agency for 
International Development''.
    (c) Transfer of Employees.--Any employee in the career 
service who is transferred pursuant to this section shall be 
placed in a position in the Office of Security established by 
subsection (a) which is comparable to the position the employee 
held in the Office of the Inspector General of the Agency for 
International Development.


  sense of congress regarding ballistic missile development by north 
                                 korea


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


              technical assistance to foreign governments


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

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

    ``(a) Establishment of Program.--
            ``(1) In general.--Not later than 150 days after 
        the date of the enactment of this section, the 
        Secretary of the Treasury, after consultation with the 
        Secretary of State and the Administrator of the United 
        States Agency for International Development, is 
        authorized to establish a program to provide technical 
        assistance to foreign governments and foreign central 
        banks of developing or transitional countries.
            ``(2) Role of secretary of state.--The Secretary of 
        State shall provide foreign policy guidance to the 
        Secretary to ensure that the program established under 
        this subsection is effectively integrated into the 
        foreign policy of the United States.
    ``(b) Conduct of Program.--
            ``(1) In general.--In carrying out the program 
        established under subsection (a), the Secretary shall 
        provide economic and financial technical assistance to 
        foreign governments and foreign central banks of 
        developing and transitional countries by providing 
        advisers with appropriate expertise to advance the 
        enactment of laws and establishment of administrative 
        procedures and institutions in such countries to 
        promote macroeconomic and fiscal stability, efficient 
        resource allocation, transparent and market-oriented 
        processes and sustainable private sector growth.
            ``(2) Additional requirements.--To the extent 
        practicable, such technical assistance shall be 
        designed to establish--
                    ``(A) tax systems that are fair, objective, 
                and efficiently gather sufficient revenues for 
                governmental operations;
                    ``(B) debt issuance and management programs 
                that rely on market forces;
                    ``(C) budget planning and implementation 
                that permits responsible fiscal policy 
                management;
                    ``(D) commercial banking sector development 
                that efficiently intermediates between savers 
                and investors; and
                    ``(E) financial law enforcement to protect 
                the integrity of financial systems, financial 
                institutions, and government programs.
    ``(c) Administrative Requirements.--In carrying out the 
program established under subsection (a), the Secretary--
            ``(1) shall establish a methodology for identifying 
        and selecting foreign governments and foreign central 
        banks to receive assistance under the program;
            ``(2) prior to selecting a foreign government or 
        foreign central bank to receive assistance under the 
        program, shall receive the concurrence of the Secretary 
        of State with respect to the selection of such 
        government or central bank and with respect to the cost 
        of the assistance to such government or central bank;
            ``(3) shall consult with the heads of appropriate 
        Executive agencies of the United States, including the 
        Secretary of State and the Administrator of the United 
        States Agency for International Development, and 
        appropriate international financial institutions to 
        avoid duplicative efforts with respect to those foreign 
        countries for which such agencies or organizations 
        provide similar assistance;
            ``(4) shall ensure that the program is consistent 
        with the International Affairs Strategic Plan and 
        Mission Performance Plan of the United States Agency 
        for International Development;
            ``(5) shall establish and carry out a plan to 
        evaluate the program.
    ``(d) Administrative Authorities.--In carrying out the 
program established under subsection (a), the Secretary shall 
have the following administrative authorities:
            ``(1) The Secretary may provide allowances and 
        benefits under chapter 9 of title I of the Foreign 
        Service Act of 1980 (22 U.S.C. 4081 et seq.) to any 
        officer or employee of any agency of the United States 
        Government performing functions under this section 
        outside the United States.
            ``(2)(A) The Secretary may allocate or transfer to 
        any agency of the United States Government anypart of 
any funds available for carrying out this section, including any 
advance to the United States Government by any country or international 
organization for the procurement of commodities, supplies, or services.
            ``(B) Such funds shall be available for obligation 
        and expenditure for the purposes for which such funds 
        were authorized, in accordance with authority granted 
        in this section or under authority governing the 
        activities of the agency of the United States 
        Government to which such funds are allocated or 
        transferred.
            ``(3) Appropriations for the purposes of or 
        pursuant to this section, and allocations to any agency 
        of the United States Government from other 
        appropriations for functions directly related to the 
        purposes of this section, shall be available for--
                    ``(A) contracting with individuals for 
                personal services abroad, except that such 
                individuals shall not be regarded as employees 
                of the United States Government for the purpose 
                of any law administered by the Office of 
                Personnel Management;
                    ``(B) the purchase and hire of passenger 
                motor vehicles, except that passenger motor 
                vehicles may be purchased only--
                            ``(i) for use in foreign countries; 
                        and
                            ``(ii) if the Secretary or the 
                        Secretary's designee has determined 
                        that the vehicle is necessary to 
                        accomplish the mission;
                    ``(C) the purchase of insurance for 
                official motor vehicles acquired for use in 
                foreign countries;
                    ``(D)(i) the rent or lease outside the 
                United States, not to exceed 5 years, of 
                offices, buildings, grounds, and quarters, 
                including living quarters to house personnel, 
                consistent with the relevant interagency 
                housing board policy, and payments therefor in 
                advance;
                    ``(ii) maintenance, furnishings, necessary 
                repairs, improvements, and alterations to 
                properties owned or rented by the United States 
                Government or made available for use to the 
                United States Government outside the United 
                States; and
                    ``(iii) costs of insurance, fuel, water, 
                and utilities for such properties;
                    ``(E) expenses of preparing and 
                transporting to their former homes or places of 
                burial the remains of foreign participants or 
                members of the family of foreign participants, 
                who may die while such participants are away 
                from their homes participating in activities 
                carried out with funds covered by this section;
                    ``(F) notwithstanding any other provision 
                of law, transportation and payment of per diem 
                in lieu of subsistence to foreign participants 
                engaged in activities of the program under this 
                section while such participants are away from 
                their homes in countries other than the United 
                States, at rates not in excess of those 
                prescribed by the standardized Government 
                travel regulations;
                    ``(G) expenses in connection with travel of 
                personnel outside the United States, including 
                travel expenses of dependents (including 
                expenses during necessary stop-overs while 
                engaged in such travel), and transportation of 
                personal effects, household goods, and 
                automobiles of such personnel when any part of 
                such travel or transportation begins in one 
                fiscal year pursuant to travel orders issued in 
                that fiscal year, notwithstanding the fact that 
                such travel or transportation may not be 
                completed during the same fiscal year, and cost 
                of transporting automobiles to and from a place 
                of storage, and the cost of storing automobiles 
                of such personnel when it is in the public 
                interest or more economical to authorize 
                storage; and
                    ``(H) grants to, and cooperative agreements 
                and contracts with, any individual, 
                corporation, or other body of persons, 
                nonprofit organization, friendly government or 
                government agency, whether within or without 
                the United States, and international 
                organizations, as the Secretary determines is 
                appropriate to carry out the purposes of this 
                section.
            ``(4) Whenever the Secretary determines it to be 
        consistent with the purposes of this section, the 
        Secretary is authorized to furnish services and 
        commodities on an advance-of-funds basis to any 
        friendly country or international organization that is 
        not otherwise prohibited from receiving assistance 
        under this Act. Such advances may be credited to the 
        currently applicable appropriation, account, or fund of 
        the Department of the Treasury and shall be available 
        for the purposes for which such appropriation, account, 
        or fund is authorized to be used.
    ``(e) Issuance of Regulations.--The Secretary is authorized 
to issue such regulations with respect to personal service 
contractors as the Secretary deems necessary to carry out this 
section.
    ``(f) Rule of Construction.--Nothing in this section shall 
be construed to infringe upon the powers or functions of the 
Secretary of State (including the powers or functions described 
in section 103 of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of 
mission (including the powers or functions described in section 
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
    ``(g) Termination of Assistance.--The Secretary shall 
conclude assistance activities for a recipient foreign 
government or foreign central bank under the program 
established under subsection (a) if the Secretary, after 
consultation with the appropriate officers of the United 
States, determines that such assistance has resulted in the 
enactment of laws or the establishment of institutions in that 
country that promote fiscal stability and administrative 
procedures, efficient resource allocation, transparent and 
market-oriented processes and private sector growth in a 
sustainable manner.
    ``(h) Report.--
            ``(1) In general.--Not later than 3 months after 
        the date of the enactment of this section, and every 6 
        months thereafter, the Secretary shall prepare and 
        submit to the appropriate congressional committees a 
        report on the conduct of the program established under 
        this section during the preceding 6-month period.
            ``(2) Definition.--In this subsection, the term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on International 
                Relations and the Committee on Appropriations 
                of the House of Representatives; and
                    ``(B) the Committee on Foreign Relations 
                and the Committee on Appropriations of the 
                Senate.
    ``(i) Definitions.--In this section:
            ``(1) Developing or transitional country.--The term 
        `developing or transitional country' means a country 
        eligible to receive development assistance under this 
        chapter.
            ``(2) International financial institution.--The 
        term `international financial institution' means the 
        International Monetary Fund, the International Bank for 
        Reconstruction and Development, the International 
        Development Association, the International Finance 
        Corporation, the Multilateral Investment Guarantee 
        Agency, the Asian Development Bank, the African 
        Development Bank, the African Development Fund, the 
        Inter-American Development Bank, the Inter-American 
        Investment Corporation, the European Bank for 
        Reconstruction and Development, and the Bank for 
        Economic Cooperation and Development in the Middle East 
        and North Africa.
            ``(3) Secretary.--The term `Secretary' means the 
        Secretary of the Treasury.
            ``(4) Technical assistance.--The term `technical 
        assistance' includes--
                    ``(A) the use of short-term and long-term 
                expert advisers to assist foreign governments 
                and foreign central banks for the purposes 
                described in subsection (b)(1);
                    ``(B) training in the recipient country, 
                the United States, or elsewhere for the 
                purposes described in subsection (b)(1);
                    ``(C) grants of goods, services, or funds 
                to foreign governments and foreign central 
                banks;
                    ``(D) grants to United States nonprofit 
                organizations to provide services or products 
                which contribute to the provision of advice to 
                foreign governments and foreign central banks; 
                and
                    ``(E) study tours for foreign officials in 
                the United States or elsewhere for the purpose 
                of providing technical information to such 
                officials.
            ``(5) Foreign participant.--The term `foreign 
        participant' means the national of a developing or 
        transitional country that is receiving assistance under 
        the program established under subsection (a) who has 
        been designated to participate in activities under such 
        program.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be 
        appropriated to carry out this section $5,000,000 for 
        fiscal year 1999.
            ``(2) Availability of amounts.--Amounts authorized 
        to be appropriated under paragraph (1) are authorized 
        to remain available until expended.''.
    (b) Transportation of Remains, Dependents, and Effects of 
United States Government Employees; Death Occurring Away From 
Official Station Abroad.--Section 5742(b) of title 5, United 
States Code, is amended--
            (1) in paragraph (1), by striking the ``and'' at 
        the end;
            (2) in paragraph (2), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following new 
        paragraph:
            ``(3) the travel expenses of not more than 2 
        persons to escort the remains of a deceased employee, 
        if death occurred while the employee was in travel 
        status away from his official station in the United 
        States or while performing official duties outside the 
        United States or in transit thereto or therefrom, from 
        the place of death to the home or official station of 
        such person, or such other place appropriate for 
        interment as is determined by the head of the agency 
        concerned.''.


                            iraq opposition


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


                    national commission on terrorism


    Sec. 591. (a) Establishment of National Commission on 
Terrorism.--
            (1) Establishment.--There is established a national 
        commission on terrorism to review counter-terrorism 
        policies regarding the prevention and punishment of 
        international acts of terrorism directed at the United 
        States. The commission shall be known as ``The National 
        Commission on Terrorism''.
            (2) Composition.--The commission shall be composed 
        of 10 members appointed as follows:
                    (A) Three members shall be appointed by the 
                Majority Leader of the Senate.
                    (B) Three members shall be appointed by the 
                Speaker of the House of Representatives.
                    (C) Two members shall be appointed by the 
                Minority Leader of the Senate.
                    (D) Two members shall be appointed by the 
                Minority Leader of the House of 
                Representatives.
                    (E) The appointments of the members of the 
                commission should be made no later than 3 
                months after the date of the enactment of this 
                Act.
            (3) Qualifications.--The members should have a 
        knowledge and expertise in matters to be studied by the 
        commission.
            (4) Chair.--The Speaker of the House of 
        Representatives, after consultation with the majority 
        leader of the Senate and the minority leaders of the 
        House of Representatives and the Senate, shall 
        designate one of the members of the Commission to serve 
        as chair of the Commission.
            (5) Period of appointment: vacancies.--Members 
        shall be appointed for the life of the Commission. Any 
        vacancy in the Commission shall be filled in the same 
        manner as the original appointment.
            (6) Security clearances.--All Members of the 
        Commission should hold appropriate security clearances.
    (b) Duties.--
            (1) In general.--The commission shall consider 
        issues relating to international terrorism directed at 
        the United States as follows:
                    (A) Review the laws, regulations, policies, 
                directives, and practices relating to 
                counterterrorism in the prevention and 
                punishment of international terrorism directed 
                towards the United States.
                    (B) Assess the extent to which laws, 
                regulations, policies, directives, and 
                practices relating to counterterrorism have 
                been effective in preventing or punishing 
                international terrorism directed towards the 
                United States. At a minimum, the assessment 
                should include a review of the following:
                            (i) Evidence that terrorist 
                        organizations have established an 
                        infrastructure in the western 
                        hemisphere for the support and conduct 
                        of terrorist activities.
                            (ii) Executive branch efforts to 
                        coordinate counterterrorism activities 
                        among Federal, State, and local 
                        agencies and with other nations to 
                        determine the effectiveness of such 
                        coordination efforts.
                            (iii) Executive branch efforts to 
                        prevent the use of nuclear, biological, 
                        and chemical weapons by terrorists.
                    (C) Recommend changes to counterterrorism 
                policy in preventing and punishing 
                international terrorism directed toward the 
                United States.
            (2) Report.--Not later than 6 months after the date 
        on which the Commission first meets, the Commission 
        shall submit to the President and the Congress a final 
        report of the findings and conclusions of the 
        commission, together with any recommendations.
    (c) Administrative Matters.--
            (1) Meetings.--
                    (A) The commission shall hold its first 
                meeting on a date designated by the Speaker of 
                the House which is not later than 30 days after 
                the date on which all members have been 
                appointed.
                    (B) After the first meeting, the commission 
                shall meet upon the call of the chair.
                    (C) A majority of the members of the 
                commission shall constitute a quorum, but a 
                lesser number may hold meetings.
            (2) Authority of individuals to act for 
        commission.--Any member or agent of the commission may, 
        if authorized by the commission, take any action which 
        the commission is authorized to take under this 
        section.
            (3) Powers.--
                    (A) The commission may hold such hearings, 
                sit and act at such times and places, take such 
                testimony, and receive such evidence as the 
                commission considers advisable to carry out its 
                duties.
                    (B) The commission may secure directly from 
                any agency of the Federal Government such 
                information as the commission considers 
                necessary to carry out its duties. Upon the 
                request of the chair of the commission, the 
                head of a department or agency shall furnish 
                the requested information expeditiously to the 
                commission.
                    (C) The commission may use the United 
                States mails in the same manner and under the 
                same conditions as other departments and 
                agencies of the Federal Government.
            (4) Pay and expenses of commission members.--
                    (A) Subject to appropriations, each member 
                of the commission who is not an employee of the 
                government shall be paid at a rate not to 
                exceed the daily equivalent of the annual rate 
                of basic pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 
                5, United States Code, for each day (including 
                travel time) during which such member is 
                engaged in performing the duties of the 
                commission.
                    (B) Members and personnel for the 
                commission may travel on aircraft, vehicles, or 
                other conveyances of the Armed Forces of the 
                United States when travel is necessary in the 
                performance of a duty of the commission except 
                when the cost of commercial transportation is 
                less expensive.
                    (C) The members of the commission may be 
                allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from their homes or regular places 
                of business in the performance of services for 
                the commission.
                    (D)(i) A member of the commission who is an 
                annuitant otherwise covered by section 8344 or 
                8468 of title 5, United States Code, by reason 
                of membership on the commission shall not be 
                subject to the provisions of such section with 
                respect to membership on the commission.
                    (ii) A member of the commission who is a 
                member or former member of a uniformed service 
                shall not be subject to the provisions of 
                subsections (b) and (c) of section 5532 of such 
                title with respect to membership on the 
                commission.
            (5) Staff and administrative support.--
                    (A) The chairman of the commission may, 
                without regard to civil service laws and 
                regulations, appoint and terminate an executive 
                director and up to three additional staff 
                members as necessary to enable the commission 
                to perform its duties. The chairman of the 
                commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51, and 
                subchapter III of chapter 53, of title 5, 
                United States Code, relating to classification 
                of positions and General Schedule pay rates, 
                except that the rate of pay may not exceed the 
                maximum rate of pay for GS-15 under the General 
                Schedule.
                    (B) Upon the request of the chairman of the 
                commission, the head of any department or 
                agency of the Federal Government may detail, 
                without reimbursement, any personnel of the 
                department or agency to the commission to 
                assist in carrying out its duties. The detail 
                of an employee shall be without interruption or 
                loss of civil service status or privilege.
    (d) Termination of Commission.--The commission shall 
terminate 30 days after the date on which the commission 
submits a final report.
    (e) Funding.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
section.


                     special authorities amendment


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


             economic and political transition in indonesia


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


                         reporting requirements


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


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


    Sec. 595. (a) Findings.--Congress makes the following 
findings--
            (1) the December 2, 1980 brutal assault and murder 
        of four American churchwomen by members of the 
        Salvadoran National Guard was covered up and never 
        fully investigated;
            (2) on July 22 and July 23, 1998, Salvadoran 
        authorities granted three of the National Guardsmen 
        convicted of the crimes early release from prison;
            (3) the United Nations Truth Commission for El 
        Salvador determined in 1993 that there was sufficient 
        evidence that the Guardsmen were acting on orders from 
        their superiors;
            (4) in March 1998, four of the convicted Guardsmen 
        confessed that they acted after receiving orders from 
        their superiors;
            (5) recently declassified documents from the State 
        Department show that United States Government officials 
        were aware of information suggesting the involvement of 
        superior officers in the murders;
            (6) United States officials granted permanent 
        residence to a former Salvadoran military official 
        involved in the cover-up of the murders, enabling him 
        to remain in Florida; and
            (7) despite the fact that the murders occurred over 
        17 years ago, the families of the four victims continue 
        to seek the disclosure of information relevant to the 
        murders.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) information relevant to the murders should be 
        made public to the fullest extent possible;
            (2) the Secretary of State and the Department of 
        State are to be commended for fully releasing 
        information regarding the murders to the victims' 
        families and to the American public, in prompt response 
        to congressional requests;
            (3) the President should order all other Federal 
        agencies and departments that possess relevant 
        information to make every effort to declassify and 
        release to the victims' families relevant information 
        as expeditiously as possible;
            (4) in making determinations concerning the 
        declassification and release of relevant information, 
        the Federal agencies and departments should presume in 
        favor of releasing, rather than of withholding, such 
        information; and
            (5) the President should direct the Attorney 
        General to review the circumstances under which 
        individuals involved in either the murders or the 
        cover-up of the murders obtained residence in the 
        United States, and the Attorney General should submit a 
        report to the Congress on the results of such review 
        not later than January 1, 1999.


    sense of congress regarding the trial in the netherlands of the 
         suspects indicted in the bombing of pan am flight 103


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


sense of the congress regarding international cooperation in recovering 
  children abducted in the united states and taken to other countries.


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

         TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

                  Funds Appropriated to the President


                    international monetary programs


         united states quota in the international monetary fund


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


  loans to the international monetary fund-new arrangements to borrow


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

                     General Provisions--This Title


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


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


  reports on financial stabilization programs in the republic of korea


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


                          advisory commission


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


                    international advisory committee


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


        strengthening procedures for monitoring use of imf funds


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


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


    Sec. 606. Not later than July 15, 1999, and July 15, 2000, 
the Secretary of the Treasury shall report to the Chairmen and 
Ranking Members of the appropriate committees on the progress 
of efforts to reform the architecture of the international 
monetary system. The reports shall include a discussion of the 
substance of the United States position in consultations with 
other governments and the degree of progress in achieving 
international acceptance and implementation of such position 
with respect to the following issues:
            (1) Adapting the mission and capabilities of the 
        International Monetary Fund to take better account of 
        the increased importance of cross-border capital flows 
        in the world economy and improving the coordination of 
        its responsibilities and activities with those of the 
        International Bank for Reconstruction and Development.
            (2) Advancing measures to prevent, and improve the 
        management of, international financial crises, 
        including by--
                    (A) integrating aspects of national 
                bankruptcy principles into the management of 
                international financial crises where feasible; 
                and
                    (B) changing investor expectations about 
                official rescues, thereby reducing moral hazard 
                and systemic risk in international financial 
                markets,
        in order to help minimize the adjustment costs that the 
        resolution of financial crises may impose on the real 
        economy, in the form of disrupted patterns of trade, 
        employment, and progress in living standards, and 
        reduce the frequency and magnitude of claims on United 
        States taxpayer resources.
            (3) Improving international economic policy 
        cooperation, including among the Group of Seven 
        countries, to take better account of the importance of 
        cross-border capital flows in the determination of 
        exchange rate relationships.
            (4) Improving international cooperation in the 
        supervision and regulation of financial institutions 
        and markets.
            (5) Strengthening the financial sector in emerging 
        economies, including by improving the coordination of 
        financial sector liberalization with the establishment 
        of strong public and private institutions in the areas 
        of prudential supervision, accounting and disclosure 
        conventions, bankruptcy laws and administrative 
        procedures, and the collection and dissemination of 
        economic and financial statistics, including the 
        maturity structure of foreign indebtedness.
            (6) Advocating that implementation of European 
        Economic and Monetary Union and the advent of the 
        European Currency Unit, or euro, proceed in a manner 
        that is consistent with strong global economic growth 
        and stability in world financial markets.


                               definition


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


                    participation in quota increase


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

``SEC. 61. QUOTA INCREASE.

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


                       new arrangements to borrow


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


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


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

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

    ``(a) In General.--The Secretary of the Treasury shall 
instruct the United States Executive Director of the 
International Monetary Fund to use aggressively the voice and 
vote of the Executive Director to do the following:
            ``(1) Vigorously promote policies to increase the 
        effectiveness of the International Monetary Fund in 
        structuring programs and assistance so as to promote 
        policies and actions that will contribute to exchange 
        rate stability and avoid competitive devaluations that 
        will further destabilize the international financial 
        and trading systems.
            ``(2) Vigorously promote policies to increase the 
        effectiveness of the International Monetary Fund in 
        promoting market-oriented reform, trade liberalization, 
        economic growth, democratic governance, and social 
        stability through--
                    ``(A) establishing an independent monetary 
                authority, with full power to conduct monetary 
                policy, that provides for a non-inflationary 
                domestic currency that is fully convertible in 
                foreign exchange markets;
                    ``(B) opening domestic markets to fair and 
                open internal competition among domestic 
                enterprises by eliminating inappropriate 
                favoritism for small or large businesses, 
                eliminating elite monopolies, creating and 
                effectively implementing anti-trust and anti-
                monopoly laws to protect free competition, and 
                establishing fair and accessible legal 
                procedures for dispute settlement among 
                domestic enterprises;
                    ``(C) privatizing industry in a fair and 
                equitable manner that provides economic 
                opportunities to a broad spectrum of the 
                population, eliminating government and elite 
                monopolies, closing loss-making enterprises, 
                and reducing government control over the 
                factors of production;
                    ``(D) economic deregulation by eliminating 
                inefficient and overly burdensome regulations 
                and strengthening the legal framework 
                supporting private contract and intellectual 
                property rights;
                    ``(E) establishing or strengthening key 
                elements of a social safety net to cushion the 
                effects on workers of unemployment and 
                dislocation; and
                    ``(F) encouraging the opening of markets 
                for agricultural commodities and products by 
                requiring recipient countries to make efforts 
                to reduce trade barriers.
            ``(3) Vigorously promote policies to increase the 
        effectiveness of the International Monetary Fund, in 
        concert with appropriate international authorities and 
        other international financial institutions (as defined 
        in section 1701(c)(2)), in strengthening financial 
        systems in developing countries, and encouraging the 
        adoption of sound banking principles and practices, 
        including the development of laws and regulations that 
        will help to ensure that domestic financial 
        institutions meet strong standards regarding capital 
        reserves, regulatory oversight, and transparency.
            ``(4) Vigorously promote policies to increase the 
        effectiveness of the International Monetary Fund, in 
        concert with appropriate international authoritiesand 
other international financial institutions (as defined in section 
1701(c)(2)), in facilitating the development and implementation of 
internationally acceptable domestic bankruptcy laws and regulations in 
developing countries, including the provision of technical assistance 
as appropriate.
            ``(5) Vigorously promote policies that aim at 
        appropriate burden-sharing by the private sector so 
        that investors and creditors bear more fully the 
        consequences of their decisions, and accordingly 
        advocate policies which include--
                    ``(A) strengthening crisis prevention and 
                early warning signals through improved and more 
                effective surveillance of the national economic 
                policies and financial market development of 
                countries (including monitoring of the 
                structure and volume of capital flows to 
                identify problematic imbalances in the inflow 
                of short and medium term investment capital, 
                potentially destabilizing inflows of offshore 
                lending and foreign investment, or problems 
                with the maturity profiles of capital to 
                provide warnings of imminent economic 
                instability), and fuller disclosure of such 
                information to market participants;
                    ``(B) accelerating work on strengthening 
                financial systems in emerging market economies 
                so as to reduce the risk of financial crises;
                    ``(C) consideration of provisions in debt 
                contracts that would foster dialogue and 
                consultation between a sovereign debtor and its 
                private creditors, and among those creditors;
                    ``(D) consideration of extending the scope 
                of the International Monetary Fund's policy on 
                lending to members in arrears and of other 
                policies so as to foster the dialogue and 
                consultation referred to in subparagraph (C);
                    ``(E) intensified consideration of 
                mechanisms to facilitate orderly workout 
                mechanisms for countries experiencing debt or 
                liquidity crises;
                    ``(F) consideration of establishing ad hoc 
                or formal linkages between the provision of 
                official financing to countries experiencing a 
                financial crisis and the willingness of market 
                participants to meaningfully participate in any 
                stabilization effort led by the International 
                Monetary Fund;
                    ``(G) using the International Monetary Fund 
                to facilitate discussions between debtors and 
                private creditors to help ensure that financial 
                difficulties are resolved without inappropriate 
                resort to public resources; and
                    ``(H) the International Monetary Fund 
                accompanying the provision of funding to 
                countries experiencing a financial crisis 
                resulting from imprudent borrowing with efforts 
                to achieve a significant contribution by the 
                private creditors, investors, and banks which 
                had extended such credits.
            ``(6) Vigorously promote policies that would make 
        the International Monetary Fund a more effective 
        mechanism, in concert with appropriate international 
        authorities and other international financial 
        institutions (as defined in section 1701(c)(2)), for 
        promoting good governance principles within recipient 
        countries by fostering structural reforms, including 
        procurement reform, that reduce opportunities for 
        corruption and bribery, and drug-related money 
        laundering.
            ``(7) Vigorously promote the design of 
        International Monetary Fund programs and assistance so 
        that governments that draw on the International 
        Monetary Fund channel public funds away from 
        unproductive purposes, including large `show case' 
        projects and excessive military spending, and toward 
        investment in human and physical capital as well as 
        social programs to protect the neediest and promote 
        social equity.
            ``(8) Work with the International Monetary Fund to 
        foster economic prescriptions that are appropriate to 
        the individual economic circumstances of each recipient 
        country, recognizing that inappropriate stabilization 
        programs may only serve to further destabilize the 
        economy and create unnecessary economic, social, and 
        political dislocation.
            ``(9) Structure International Monetary Fund 
        programs and assistance so that the maintenance and 
        improvement of core labor standards are routinely 
        incorporated as an integral goal in the policy dialogue 
        with recipient countries, so that--
                    ``(A) recipient governments commit to 
                affording workers the right to exercise 
                internationally recognized core worker rights, 
                including the right of free association and 
                collective bargaining through unions of their 
                own choosing;
                    ``(B) measures designed to facilitate labor 
                market flexibility are consistent with such 
                core worker rights; and
                    ``(C) the staff of the International 
                Monetary Fund surveys the labor market policies 
                and practices of recipient countries and 
                recommends policy initiatives that will help to 
                ensure the maintenance or improvement of core 
                labor standards.
            ``(10) Vigorously promote International Monetary 
        Fund programs and assistance that are structured to the 
        maximum extent feasible to discourage practices which 
        may promote ethnic or social strife in a recipient 
        country.
            ``(11) Vigorously promote recognition by the 
        International Monetary Fund that macroeconomic 
        developments and policies can affect and be affected by 
        environmental conditions and policies, and urge the 
        International Monetary Fund to encourage member 
        countries to pursue macroeconomic stability while 
        promoting environmental protection.
            ``(12) Facilitate greater International Monetary 
        Fund transparency, including by enhancing accessibility 
        of the International Monetary Fund and its staff, 
        fostering a more open release policy toward working 
        papers, past evaluations, and other International 
        Monetary Fund documents, seeking to publish all Letters 
        of Intent to the International Monetary Fund and Policy 
        Framework Papers, and establishing a more open release 
        policy regarding Article IV consultations.
            ``(13) Facilitate greater International Monetary 
        Fund accountability and enhance International Monetary 
        Fund self-evaluation by vigorously promoting review of 
        the effectiveness of the Office of Internal Audit and 
        Inspection and the Executive Board's external 
        evaluation pilot program and, if necessary, the 
        establishment of an operations evaluation department 
        modeled on the experience of the International Bank for 
        Reconstruction and Development, guided by such key 
        principles as usefulness, credibility, transparency, 
        and independence.
            ``(14) Vigorously promote coordination with the 
        International Bank for Reconstruction and Development 
        and other international financial institutions (as 
        defined in section 1701(c)(2)) in promoting structural 
        reforms which facilitate the provision of credit to 
        small businesses, including microenterprise lending, 
        especially in the world's poorest, heavily indebted 
        countries.
    ``(b) Coordination With Other Executive Departments.--To 
the extent that it would assist in achieving the goals 
described in subsection (a), the Secretary of the Treasury 
shall pursue the goals in coordination with the Secretary of 
State, the Secretary of Labor, the Secretary of Commerce, the 
Administrator of the Environmental Protection Agency, the 
Administrator of the Agency for International Development, and 
the United States Trade Representative.''.
    (b) Advisory Committee on IMF Policy.--Section 1701 of such 
Act (22 U.S.C. 262p-5) is amended by adding at the end the 
following:
    ``(e) Advisory Committee on IMF Policy.--
            ``(1) In general.--The Secretary of the Treasury 
        should establish an International Monetary Fund 
        Advisory Committee (in this subsection referred to as 
        the `Advisory Committee').
            ``(2) Membership.--The Advisory Committee should 
        consist of members appointed by the Secretary of the 
        Treasury, after appropriate consultations with the 
        relevant organizations. Such members should include 
        representatives from industry, representatives from 
        agriculture, representatives from organized labor, 
        representatives from banking and financial services, 
        and representatives from nongovernmental environmental 
        and human rights organizations.''.


              reduction of barriers to agricultural trade


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

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

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


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


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

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

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


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


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

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

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


               audits of the international monetary fund


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

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

    ``(a) Access to Materials.--Not later than 30 days after 
the date of the enactment of this section, the Secretary of the 
Treasury shall certify to the Committee on Banking and 
Financial Services of the House of Representatives and the 
Committee on Foreign Relations of the Senate that the Secretary 
has instructed the United States Executive Director at the 
International Monetary Fund to facilitate timely access by the 
General Accounting Office to information and documents of the 
International Monetary Fund needed by the Office to perform 
financial reviews of the International Monetary Fund that will 
facilitate the conduct of United States policy with respect to 
the Fund.
    ``(b) Reports.--Not later than June 30, 1999, and annually 
thereafter, the Comptroller General of the United States shall 
prepare and submit to the committees specified in subsection 
(a), the Committee on Appropriations of the House of 
Representatives, and the Committee on Appropriations of the 
Senate a report on the financial operations of the Fund during 
the preceding year, which shall include--
            ``(1) the current financial condition of the 
        International Monetary Fund;
            ``(2) the amount, rate of interest, disbursement 
        schedule, and repayment schedule for any loans that 
        were initiated or outstanding during the preceding 
        calendar year, and with respect to disbursement 
        schedules, the report shall identify and discuss in 
        detail any conditions required to be fulfilled by a 
        borrower country before a disbursement is made;
            ``(3) a detailed description of whether the trade 
        policies of borrower countries permit free and open 
        trade by the United States and other foreign countries 
        in the borrower countries;
            ``(4) a detailed description of the export policies 
        of borrower countries and whether the policies may 
        result in increased export of their products, goods, or 
        services to the United States which may have 
        significant adverse effects on, or result in unfair 
        trade practices against or affecting United States 
        companies, farmers, or communities;
            ``(5) a detailed description of any conditions of 
        International Monetary Fund loans which have not been 
        met by borrower countries, including a discussion of 
        the reasons why such conditions were not met, and the 
        actions taken by the International Monetary Fund due to 
        the borrower country's noncompliance;
            ``(6) an identification of any borrower country and 
        loan on which any loan terms or conditions were 
        renegotiated in the preceding calendar year, including 
        a discussion of the reasons for the renegotiation and 
        any new loan terms and conditions; and
            ``(7) a specification of the total number of loans 
        made by the International Monetary Fund from its 
        inception through the end of the period covered by the 
        report, the number and percentage (by number) of such 
        loans that are in default or arrears, and the identity 
        of the countries in default or arrears, and the number 
        of such loans that are outstanding as of the end of 
        period covered by the report and the aggregate amount 
        of the outstanding loans and the average yield 
        (weighted by loan principal) of the historical and 
        outstanding loan portfolios of the International 
        Monetary Fund.''.
      This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1999''.
      (e) For programs, projects or activities in the 
Department of the Interior and Related Agencies Appropriations 
Act, 1999, provided as follows, to be effective as if it had 
been enacted into law as the regular appropriations Act:

  AN ACT Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 1999, and for 
                            other purposes.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources


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


                        wildland fire management


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


                    central hazardous materials fund


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


                              construction


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


                       payments in lieu of taxes


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


                            land acquisition


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


                   oregon and california grant lands


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


               forest ecosystems health and recovery fund


                   (revolving fund, special account)


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


                           range improvements


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


               service charges, deposits, and forfeitures


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


                       miscellaneous trust funds


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


                       administrative provisions


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

                United States Fish and Wildlife Service


                          resource management


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


                              construction


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


                            land acquisition


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


            cooperative endangered species conservation fund


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


                     national wildlife refuge fund


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


               north american wetlands conservation fund


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


              wildlife conservation and appreciation fund


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


                multinational species conservation fund


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


                       administrative provisions


    Appropriations and funds available to the United States 
Fish and Wildlife Service shall be available for purchase of 
not to exceed 104 passenger motor vehicles, of which 89 are for 
replacement only (including 38 for police-type use); repair of 
damage to public roads within and adjacent to reservation areas 
caused by operations of the Service; options for the purchase 
of land at not to exceed $1 for each option; facilities 
incident to such public recreational uses on conservation areas 
as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other 
facilities under the jurisdiction of the Service and to which 
the United States has title, and which are used pursuant to law 
in connection with management and investigation of fish and 
wildlife resources: Provided, That notwithstanding 44 U.S.C. 
501, the Service may, under cooperative cost sharing and 
partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half 
the cost of printing either in cash or services and the Service 
determines the cooperator is capable of meeting accepted 
quality standards: Provided further, That theService may accept 
donated aircraft as replacements for existing aircraft: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of the Interior may not spend any of the funds appropriated in this Act 
for the purchase of lands or interests in lands to be used in the 
establishment of any new unit of the National Wildlife Refuge System 
unless the purchase is approved in advance by the House and Senate 
Committees on Appropriations in compliance with the reprogramming 
procedures contained in Senate Report 105-56: Provided further, That 
hereafter the Secretary may sell land and interests in land, other than 
surface water rights, acquired in conformance with subsections 206(a) 
and 207(c) of Public Law 101-618, the receipts of which shall be 
deposited to the Lahontan Valley and Pyramid Lake Fish and Wildlife 
Fund and used exclusively for the purposes of such subsections, without 
regard to the limitation on the distribution of benefits in subsection 
206(f)(2) of such law: Provided further, That section 104(c)(50)(B) of 
the Marine Mammal Protection Act (16 U.S.C. 1361-1407) is amended by 
inserting the words ``until expended'' after the word ``Secretary'' in 
the second sentence.


                         technical corrections


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

                         National Park Service


                 operation of the national park system


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


                  national recreation and preservation


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


                       historic preservation fund


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


                              construction


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


                    land and water conservation fund


                              (rescission)


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


                 land acquisition and state assistance


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


                       administrative provisions


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

                    United States Geological Survey


                 surveys, investigations, and research


    For expenses necessary for the United States Geological 
Survey to perform surveys, investigations, and research 
covering topography, geology, hydrology, and the mineral and 
water resources of the United States, its territories and 
possessions, and other areas as authorized by 43 U.S.C. 31, 
1332, and 1340; classify lands as to theirmineral and water 
resources; give engineering supervision to power permittees and Federal 
Energy Regulatory Commission licensees; administer the minerals 
exploration program (30 U.S.C. 641); and publish and disseminate data 
relative to the foregoing activities; and to conduct inquiries into the 
economic conditions affecting mining and materials processing 
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 
purposes as authorized by law and to publish and disseminate data; 
$797,896,000, of which $69,596,000 shall be available only for 
cooperation with States or municipalities for water resources 
investigations; and of which $16,400,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; and of which 
$2,000,000 shall remain available until expended for ongoing 
development of a mineral and geologic data base; and of which 
$161,221,000 shall be available until September 30, 2000 for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That of the funds available for the 
biological research activity, $6,600,000 shall be made available by 
grant to the University of Alaska for conduct of, directly or through 
subgrants, basic marine research activities in the North Pacific Ocean 
pursuant to a plan approved by the Department of Commerce, the 
Department of the Interior, and the State of Alaska: Provided further, 
That none of these funds provided for the biological research activity 
shall be used to conduct new surveys on private property, unless 
specifically authorized in writing by the property owner: Provided 
further, That no part of this appropriation shall be used to pay more 
than one-half the cost of topographic mapping or water resources data 
collection and investigations carried on in cooperation with States and 
municipalities.


                       administrative provisions


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

                      Minerals Management Service


                royalty and offshore minerals management


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


                           oil spill research


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

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology


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


                    abandoned mine reclamation fund


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

                        Bureau of Indian Affairs


                      operation of indian programs


    For expenses necessary for the operation of Indian 
programs, as authorized by law, including the Snyder Act of 
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination 
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), 
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the TriballyControlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.), as amended, $1,584,124,000, to remain available 
until September 30, 2000 except as otherwise provided herein, of which 
not to exceed $94,010,000 shall be for welfare assistance payments and 
notwithstanding any other provision of law, including but not limited 
to the Indian Self-Determination Act of 1975, as amended, not to exceed 
$114,871,000 shall be available for payments to tribes and tribal 
organizations for contract support costs associated with ongoing 
contracts, grants, compacts, or annual funding agreements entered into 
with the Bureau prior to or during fiscal year 1999, as authorized by 
such Act, except that tribes and tribal organizations may use their 
tribal priority allocations for unmet indirect costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs, and of which not to exceed $387,365,000 
for school operations costs of Bureau-funded schools and other 
education programs shall become available on July 1, 1999, and shall 
remain available until September 30, 2000; and of which not to exceed 
$52,889,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records 
improvement, the Navajo-Hopi Settlement Program: Provided, That 
notwithstanding any other provision of law, including but not limited 
to the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C. 
2008, not to exceed $42,160,000 within and only from such amounts made 
available for school operations shall be available to tribes and tribal 
organizations for administrative cost grants associated with the 
operation of Bureau-funded schools: Provided further, That hereafter 
funds made available to tribes and tribal organizations through 
contracts, compact agreements, or grants, as authorized by the Indian 
Self-Determination Act of 1975 or grants authorized by the Indian 
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain 
available until expended by the contractor or grantee: Provided 
further, That hereafter, to provide funding uniformity within a Self-
Governance Compact, any funds provided in this Act with availability 
for more than two years may be reprogrammed to two year availability 
but shall remain available within the Compact until expended: Provided 
further, That hereafter notwithstanding any other provision of law, 
Indian tribal governments may, by appropriate changes in eligibility 
criteria or by other means, change eligibility for general assistance 
or change the amount of general assistance payments for individuals 
within the service area of such tribe who are otherwise deemed eligible 
for general assistance payments so long as such changes are applied in 
a consistent manner to individuals similarly situated and, that any 
savings realized by such changes shall be available for use in meeting 
other priorities of the tribes and, that any net increase in costs to 
the Federal Government which result solely from tribally increased 
payment levels for general assistance shall be met exclusively from 
funds available to the tribe from within its tribal priority 
allocation: Provided further, That any forestry funds allocated to a 
tribe which remain unobligated as of September 30, 2000, may be 
transferred during fiscal year 2001 to an Indian forest land assistance 
account established for the benefit of such tribe within the tribe's 
trust fund account: Provided further, That any such unobligated 
balances not so transferred shall expire on September 30, 2001: 
Provided further, That hereafter tribes may use tribal priority 
allocations funds for the replacement and repair of school facilities 
in compliance with 25 U.S.C. 2005(a), so long as such replacement or 
repair is approved by the Secretary and completed with non-Federal 
tribal and/or tribal priority allocation funds: Provided further, That 
the sixth proviso under Operation of Indian Programs in Public Law 102-
154, for the fiscal year ending September 30, 1992 (105 Stat. 1004), is 
hereby amended to read as follows: ``Provided further, That until such 
time as legislation is enactedto the contrary, no funds shall be used 
to take land into trust within the boundaries of the original Cherokee 
territory in Oklahoma without consultation with the Cherokee Nation:''.


                              construction


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


 indian land and water claim settlements and miscellaneous payments to 
                                indians


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


                 indian guaranteed loan program account


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


                    indian land consolidation pilot


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


                       administrative provisions


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

                          Departmental Offices

                            Insular Affairs


                       assistance to territories


    For expenses necessary for assistance to territories under 
the jurisdiction of the Department of the Interior, 
$66,175,000, of which: (1) $62,326,000 shall be available until 
expended for technical assistance, including maintenance 
assistance, disaster assistance, insular management controls, 
and brown tree snake control and research; grants to the 
judiciary in American Samoa for compensationand expenses, as 
authorized by law (48 U.S.C. 1661(c)); grants to the Government of 
American Samoa, in addition to current local revenues, for construction 
and support of governmental functions; grants to the Government of the 
Virgin Islands as authorized by law; grants to the Government of Guam, 
as authorized by law; and grants to the Government of the Northern 
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272); 
and (2) $3,849,000 shall be available for salaries and expenses of the 
Office of Insular Affairs: Provided, That all financial transactions of 
the territorial and local governments herein provided for, including 
such transactions of all agencies or instrumentalities established or 
used by such governments, may be audited by the General Accounting 
Office, at its discretion, in accordance with chapter 35 of title 31, 
United States Code: Provided further, That Northern Mariana Islands 
Covenant grant funding shall be provided according to those terms of 
the Agreement of the Special Representatives on Future United States 
Financial Assistance for the Northern Mariana Islands approved by 
Public Law 99-396, or any subsequent legislation related to 
Commonwealth of the Northern Mariana Islands grant funding: Provided 
further, That of the Covenant grant funding for the Government of the 
Northern Mariana Islands $5,000,000 shall be used for the construction 
of prison facilities and $500,000 shall be used for construction and 
equipping of a crime laboratory unless the Secretary determines that 
acceptable alternative financing for these projects is already in 
place: Provided further, That of the amounts provided for technical 
assistance, sufficient funding shall be made available for a grant to 
the Close Up Foundation: Provided further, That the funds for the 
program of operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure in American Samoa, Guam, the Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, the Republic of Palau, 
the Republic of the Marshall Islands, and the Federated States of 
Micronesia through assessments of long-range operations maintenance 
needs, improved capability of local operations and maintenance 
institutions and agencies (including management and vocational 
education training), and project-specific maintenance (with territorial 
participation and cost sharing to be determined by the Secretary based 
on the individual territory's commitment to timely maintenance of its 
capital assets): Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous appropriations 
Acts may be used as non-Federal matching funds for the purpose of 
hazard mitigation grants provided pursuant to section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c).


                      compact of free association


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

                        Departmental Management


                         salaries and expenses


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

                        Office of the Solicitor


                         salaries and expenses


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

                      Office of Inspector General


                         salaries and expenses


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

             Office of Special Trustee for American Indians


                         federal trust programs


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

           Natural Resource Damage Assessment and Restoration


                natural resource damage assessment fund


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


            management of federal lands for subsistence uses


           subsistence management, department of the interior


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

                       Administrative Provisions

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

      Sec. 101. Appropriations made in this title shall be 
available for expenditure or transfer (within each bureau or 
office), with the approval of the Secretary, for the emergency 
reconstruction, replacement, or repair of aircraft, buildings, 
utilities, or other facilities or equipment damaged or 
destroyed by fire, flood, storm, or other unavoidablecauses: 
Provided, That no funds shall be made available under this authority 
until funds specifically made available to the Department of the 
Interior for emergencies shall have been exhausted: Provided further, 
That all funds used pursuant to this section are hereby designated by 
Congress to be ``emergency requirements'' pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, and must be replenished by a supplemental appropriation which 
must be requested as promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in 
addition to the amounts included in the budget programs of the 
several agencies, for the suppression or emergency prevention 
of forest or range fires on or threatening lands under the 
jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its 
jurisdiction; for emergency actions related to potential or 
actual earthquakes, floods, volcanoes, storms, or other 
unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage 
assessment activities related to actual oil spills; for the 
prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in 
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
emergency reclamation projects under section 410 of Public Law 
95-87; and shall transfer, from any no year funds available to 
the Office of Surface Mining Reclamation and Enforcement, such 
funds as may be necessary to permit assumption of regulatory 
authority in the event a primacy State is not carrying out the 
regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for fire suppression purposes 
shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to 
other Federal agencies for destruction of vehicles, aircraft, 
or other equipment in connection with their use for fire 
suppression purposes, such reimbursement to be credited to 
appropriations currently available at the time of receipt 
thereof: Provided further, That for emergency rehabilitation 
and wildfire suppression activities, no funds shall be made 
available under this authority until funds appropriated to 
``Wildland Fire Management'' shall have been exhausted: 
Provided further, That all funds used pursuant to this section 
are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible: Provided further, That such 
replenishment funds shall be used to reimburse, on a pro rata 
basis, accounts from which emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be 
available for operation of warehouses, garages, shops, and 
similar facilities, wherever consolidation of activities will 
contribute to efficiency or economy, and said appropriations 
shall be reimbursed for services rendered to any other activity 
in the same manner as authorized by sections 1535 and 1536 of 
title 31, United States Code: Provided, That reimbursements for 
costs and supplies, materials, equipment, and for services 
rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the 
Interior in this title shall be available for services as 
authorized by 5 U.S.C. 3109, when authorized by the Secretary, 
in total amount not to exceed $500,000; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; 
purchase of reprints; payment for telephone service in private 
residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in 
societies or associations whichissue publications to members 
only or at a price to members lower than to subscribers who are not 
members.
    Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for 
uniforms or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902 and D.C. Code 4-204).
    Sec. 106. Appropriations made in this title shall be 
available for obligation in connection with contracts issued 
for services or rentals for periods not in excess of twelve 
months beginning at any time during the fiscal year.
    Sec. 107. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 26, 1990, in the areas 
of northern, central, and southern California; the North 
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico 
south of 26 degrees north latitude and east of 86 degrees west 
longitude.
    Sec. 108. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
oil and natural gas preleasing, leasing, and related 
activities, on lands within the North Aleutian Basin planning 
area.
    Sec. 109. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and 
natural gas preleasing, leasing and related activities in the 
eastern Gulf of Mexico planning area for any lands located 
outside Sale 181, as identified in the final Outer Continental 
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
    Sec. 110. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natural 
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
    Sec. 111. Advance payments made under this title to Indian 
tribes, tribal organizations, and tribal consortia pursuant to 
the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.) may be invested by the Indian 
tribe, tribal organization, or consortium before such funds are 
expended for the purposes of the grant, compact, or annual 
funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal 
        organization, or consortium only in obligations of the 
        United States, or in obligations or securities that are 
        guaranteed or insured by the United States, or mutual 
        (or other) funds registered with the Securities and 
        Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured 
        by an agency or instrumentality of the United States, 
        or are fully collateralized to ensure protection of the 
        Funds, even in the event of a bank failure.
    Sec. 112. (a) Employees of Helium Operations, Bureau of 
Land Management, entitled to severance pay under 5 U.S.C. 5595, 
may apply for, and the Secretary of the Interior may pay, the 
total amount of the severance pay to the employee in a lump 
sum. Employees paid severance pay in a lump sum and 
subsequently reemployed by the Federal Government shall be 
subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and 
(3), except that any repayment shall be made to the Helium 
Fund.
    (b) Helium Operations employees who elect to continue 
health benefits after separation shall be liable for not more 
than the required employee contribution under 5 U.S.C. 
8905a(d)(1)(A). The Helium Fund shall pay for 18 months the 
remaining portion of required contributions.
    (c) The Secretary of the Interior may provide for training 
to assist Helium Operations employees in the transition to 
other Federal or private sector jobs duringthe facility shut-
down and disposition process and for up to 12 months following 
separation from Federal employment, including retraining and relocation 
incentives on the same terms and conditions as authorized for employees 
of the Department of Defense in section 348 of the National Defense 
Authorization Act for Fiscal Year 1995.
    (d) For purposes of the annual leave restoration provisions 
of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production 
and sales, and other related Helium Program activities shall be 
deemed to create an exigency of public business under, and 
annual leave that is lost during leave years 1997 through 2001 
because of 5 U.S.C. 6304 (regardless of whether such leave was 
scheduled in advance) shall be restored to the employee and 
shall be credited and available in accordance with 5 U.S.C. 
6304(d)(2). Annual leave so restored and remaining unused upon 
the transfer of a Helium Program employee to a position of the 
executive branch outside of the Helium Program shall be 
liquidated by payment to the employee of a lump sum from the 
Helium Fund for such leave.
    (e) Benefits under this section shall be paid from the 
Helium Fund in accordance with section 4(c)(4) of the Helium 
Privatization Act of 1996. Funds may be made available to 
Helium Program employees who are or will be separated before 
October 1, 2002 because of the cessation of helium production 
and sales and other related activities. Retraining benefits, 
including retraining and relocation incentives, may be paid for 
retraining commencing on or before September 30, 2002.
    Sec. 113. In fiscal year 1999 and thereafter, the Secretary 
may accept donations and bequests of money, services, or other 
personal property for the management and enhancement of the 
Department's Natural Resources Library. The Secretary may hold, 
use, and administer such donations until expended and without 
further appropriation.
    Sec. 114. Notwithstanding any other provision of law, 
including but not limited to the Indian Self-Determination Act 
of 1975, as amended, funds available under this title for 
Indian self-determination or self-governance contract or grant 
support costs may be expended only for costs directly 
attributable to contracts, grants and compacts pursuant to the 
Indian Self-Determination Act and no funds appropriated in this 
title shall be available for any contract support costs or 
indirect costs associated with any contract, grant, cooperative 
agreement, self-governance compact or funding agreement entered 
into between an Indian tribe or tribal organization and any 
entity other than an agency of the Department of the Interior.
    Sec. 115. Notwithstanding any other provisions of law, the 
National Park Service shall not develop or implement a reduced 
entrance fee program to accommodate non-local travel through a 
unit. The Secretary may provide for and regulate local non-
recreational passage through units of the National Park System, 
allowing each unit to develop guidelines and permits for such 
activity appropriate to that unit.
    Sec. 116. (a) Denver Service Center, Presidio, and Golden 
Gate National Recreation Area employees who voluntarily resign 
or retire from the National Park Service on or before December 
31, 1998, shall receive, from the National Park Service, a lump 
sum voluntary separation incentive payment that shall be equal 
to the lesser of an amount equal to the amount the employee 
would be entitled to receive under section 5595(c) of title 5, 
United States Code, if the employee were entitled to payment 
under such section; or $25,000.
            (1) The voluntary separation incentive payment--
                    (A) shall not be a basis for payment, and 
                shall not be included in the computation of any 
                other type of Government benefit; and
                    (B) shall be paid from appropriations or 
                funds available for the payment of the basic 
                pay of the employee.
            (2) Employees receiving a voluntary separation 
        incentive payment and accepting employment with the 
        Federal Government within five years of the date of 
        separation shall be required to repay the entire amount 
        of the incentive payment to the National Park Service.
            (3) The Secretary may, at the request of the head 
        of an Executive branch agency, waive the repayment 
        under paragraph (2) if the individual involved 
        possesses unique abilities and is the only qualified 
        applicant available for the position.
            (4) In addition to any other payment which it is 
        required to make under Subchapter III of chapter 83 of 
        title 5, United States Code, the National Park Service 
        shall remit to the Office of Personnel Management for 
        deposit in the Treasury of the United States to the 
        credit of the Civil Service Retirement and Disability 
        Fund an amount equal to 15 percent of the final basic 
        pay of each employee of the National Park Service--
                    (A) who retires under section 8336(d)(2) of 
                Title 5, United States Code; and,
                    (B) to whom a voluntary separation 
                incentive payment has been or is to be paid 
                under the provisions of this section.
    (b) Employees of Denver Service Center, Presidio, and 
Golden Gate National Recreation Area entitled to severance pay 
under 5 U.S.C. 5595, may apply for, and the National Park 
Service may pay, the total amount of severance pay to the 
employee in a lump sum. Employees paid severance pay in a lump 
sum and subsequently reemployed by the Federal Government shall 
be subject to the repayment provisions of 5 U.S.C. 5595(i) (2) 
and (3), except that any repayment shall be made to the 
National Park Service.
    (c) Employees of the Denver Service Center, Presidio, and 
Golden Gate National Recreation Area who voluntarily resign on 
or before December 31, 1998, or who are separated in a 
reduction in force, shall be liable for not more than the 
required employee contribution under 5 U.S.C. 8905a(d)(1)(A) if 
they elect to continue health benefits after separation. The 
National Park Service shall pay for 12 months the remaining 
portion of required contributions.
    Sec. 117. Notwithstanding any other provision of law, the 
Secretary is authorized to permit persons, firms or 
organizations engaged in commercial, cultural, educational, or 
recreational activities (as defined in section 612a of title 
40, United States Code) not currently occupying such space to 
use courtyards, auditoriums, meeting rooms, and other space of 
the main and south Interior building complex, Washington, D.C., 
the maintenance, operation, and protection of which has been 
delegated to the Secretary from the Administrator of General 
Services pursuant to the Federal Property and Administrative 
Services Act of 1949, and to assess reasonable charges 
therefore, subject to such procedures as the Secretary deems 
appropriate for such uses. Charges may be for the space, 
utilities, maintenance, repair, and other services. Charges for 
such space and services may be at rates equivalent to the 
prevailing commercial rate for comparable space and services 
devoted to a similar purpose in the vicinity of the main and 
south Interior building complex, Washington, D.C. for which 
charges are being assessed. The Secretary may without further 
appropriation hold, administer, and use such proceeds within 
the Departmental Management Working Capital Fund to offset the 
operation of the buildings under his jurisdiction, whether 
delegated or otherwise, and for related purposes, until 
expended.
    Sec. 118. The 37 mile River Valley Trail from the town of 
Delaware Gap to the edge of the town of Milford, Pennsylvania 
located within the Delaware Water Gap National Recreation Area 
shall hereafter be referred to inany law, regulation, document, 
or record of the United States as the Joseph M. McDade Recreational 
Trail.
    Sec. 119. (a) In this section--
            (1) the term ``Huron Cemetery'' means the lands 
        that form the cemetery that is popularly known as the 
        Huron Cemetery, located in Kansas City, Kansas, as 
        described in subsection (b)(3); and
            (2) the term ``Secretary'' means the Secretary of 
        the Interior.
    (b)(1) The Secretary shall take such action as may be 
necessary to ensure that the lands comprising the Huron 
Cemetery (as described in paragraph (3)) are used only in 
accordance with this subsection.
    (2) The lands of the Huron Cemetery shall be used only--
            (A) for religious and cultural uses that are 
        compatible with the use of the lands as a cemetery; and
            (B) as a burial ground.
    (3) The description of the lands of the Huron Cemetery is 
as follows:
    The tract of land in the NW quarter of sec. 10, T. 11 S., 
R. 25 E., of the sixth principal meridian, in Wyandotte County, 
Kansas (as surveyed and marked on the ground on August 15, 
1888, by William Millor, Civil Engineer and Surveyor), 
described as follows:
            ``Commencing on the Northwest corner of the 
        Northwest Quarter of the Northwest Quarter of said 
        Section 10;
            ``Thence South 28 poles to the `true point of 
        beginning';
            ``Thence South 71 degrees East 10 poles and 18 
        links;
            ``Thence South 18 degrees and 30 minutes West 28 
        poles;
            ``Thence West 11 and one-half poles;
            ``Thence North 19 degrees 15 minutes East 31 poles 
        and 15 feet to the `true point of beginning', 
        containing 2 acres or more.''.
    Sec. 120. (a) Study.--The Secretary shall enter into an 
agreement with and provide funding, to the National Academy of 
Sciences (NAS), the Board on Earth Sciences and Resources 
(Board), to conduct a detailed, comprehensive study of the 
environmental and reclamation requirements relating to mining 
of locatable minerals on federal lands and the adequacy of 
those requirements to prevent unnecessary or undue degradation 
of federal lands in each state in which such mining occurs.
            (1) Contents.--The study shall identify and 
        consider--
                    (A) the operating, reclamation and 
                permitting requirements for locatable minerals 
                mining and exploration operations on federal 
                lands by federal and state air, water, solid 
                waste, reclamation and other environmental 
                statutes, including surface management 
                regulations promulgated by federal land 
                management agencies and state primacy programs 
                under applicable federal statutes and state 
                laws and the time requirements applicable to 
                project environmental review and permitting;
                    (B) the adequacy of federal and state 
                environmental, reclamation and permitting 
                statutes and regulations applicable in any 
                state or states where mining or exploration of 
                locatable minerals on federal lands is 
                occurring, to prevent unnecessary or undue 
                degradation; and
                    (C) recommendations and conclusions 
                regarding how federal and state environmental, 
                reclamation and permitting requirements and 
                programs can be coordinated to ensure 
                environmental protection, increase efficiency, 
                avoid duplication and delay, and identify the 
                most cost-effective manner for implementation.
    (b) Report.--
            No later than July 31, 1999, the Board shall submit 
        a report addressing areas described under (a)(1) to the 
        appropriate federal agencies, the Congress and the 
        Governors of affected states.
    (c) Funds.--From the funds collected for mining law 
administration, the Secretary shall provide to the NAS such 
funds as it requests, not to exceed $800,000, for the purpose 
of conducting this analysis.
    (d) Surface Management Regulations.--The Secretary of the 
Interior shall not promulgate any final regulations to change 
the Bureau of Land Management regulations found at 43 CFR Part 
3809 prior to September 30, 1999.
    Sec. 121. Overhead charges levied by the Fish and Wildlife 
Service on any and all funds transferred from the Bureau of 
Reclamation for the Recovery Implementation Program for 
Endangered Fish Species in the Upper Colorado River Basin and 
for the Recovery Implementation Program for Endangered Fish 
Species in the San Juan River Basin shall be limited to no more 
than 50 percent of the biennially determined full indirect cost 
recovery rate.
    Sec. 122. (a) ANCSA Determination.--
            (1) Within 180 days following the enactment of this 
        Act, the Bureau of Land Management shall conduct a 
        determination under section 3(e) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.) of the 
        property described as Lot 1, Block 12; the north 50 
        feet of Lots 43 and 44, Block 12; Lots 50, 51 and 52, 
        Block 12; Lots 28 and 29, Block 33; and a strip of land 
        25 feet in length running east and west by 24 feet in 
        width running north and south in the southwest corner 
        of Lot 15, Block 33, all within the Nome Townsite, 
        Records of the Cape Nome Recording District, Second 
        Judicial District, State of Alaska.
            (2) The ANCSA section 3(e) determination will 
        determine if the lands must be conveyed to the 
        Sitnasuak Native Corporation (the village corporation 
        for Nome).
            (3) If and only if the Bureau of Land Management's 
        ANCSA section 3(e) determination concludes that the 
        Sitnasuak Native Corporation is not entitled to the 
        lands, and following the settlement of any and all 
        claims filed appealing the decision, the Secretary 
        shall carry out subsection (b) of this section, and the 
        provisions of subsection (c) shall take effect.
    (b) Conveyance.--The Secretary shall convey to Kawerak, 
Inc., a non-profit tribal organization in Nome, Alaska, without 
consideration, all right, title, and interest of the United 
States, subject to all valid existing rights and to the rights-
of-way described in subsection (c), in the property described 
as Lot 1, Block 12; the north 50 feet of Lots 43 and 44, Block 
12; Lots 50, 51 and 52, Block 12; Lots 28 and 29, Block 33; and 
a strip of land 25 feet in length running east and west by 24 
feet in width running north and south in the southwest corner 
of Lot 15, Block 33, all within the Nome Townsite, Records of 
the Cape Nome Recording District, Second Judicial District, 
State of Alaska.
    (c) Rights-of-Way.--The property conveyed under subsection 
(b) shall be subject to--
            (1) title of the State of Alaska, Department of 
        Highways, as to the south three feet of Lots 50, 51, 
        and 52 of Block 12; and
            (2) rights of the public or of any governmental 
        agencies in and to any portion of the property lying 
        within any roads, streets, or highways.


            commercial fishing in glacier bay national park


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


               conveyance to the town of pahrump, nevada


    Sec. 125. (a) Conveyance.--The Secretary of the Interior, 
acting through the Director of the Bureau of Land Management, 
shall convey to the town of Pahrump, Nevada, without 
consideration, subject to the requirements of 43 U.S.C. 869, 
all right, title, and interest of the land subject to all valid 
existing rights in the public lands located south and west of 
Highway 160 within Sections32 and 33, T. 20 S., R. 54 E., Mount 
Diablo Meridian.
    (b) Use.--The conveyance of the property under subsection 
(a) shall be subject to reversion to the United States if the 
property is used for a purpose other than the purpose of a 
public fairground or a related public purpose.
    Sec. 126. Special Federal Aviation Regulation No. 78, 
regarding commercial air tour operators in the vicinity of the 
Rocky Mountain National Park, as published in the Federal 
Register on January 8, 1997, shall remain in effect until 
otherwise provided by an Act of Congress.
    Sec. 127. Notwithstanding any other provision of law, none 
of the funds provided in this Act or any other Act hereafter 
enacted may be used by the Secretary of the Interior, except 
with respect to land exchange costs and costs associated with 
the preparation of land acquisitions, in the acquisition of 
State, private, or other non-federal lands (or any interest 
therein) in the State of Alaska, unless, in the acquisition of 
any State, private, or other non-federal lands (or interest 
therein) in the State of Alaska, the Secretary seeks to 
exchange unreserved public lands before purchasing all or any 
portion of such lands (or interest therein) in the State of 
Alaska.


            charleston, arkansas national commemorative site


    Sec. 128.  (a) The Congress finds that--
            (1) the 1954 U.S. Supreme Court decision of Brown 
        v. Board of Education, which mandated an end to the 
        segregation of public schools, was one of the most 
        significant Court decisions in the history of the 
        United States;
            (2) the Charleston Public School District in 
        Charleston, Arkansas, in September, 1954, became the 
        first previously-segregated public school district in 
        the former Confederacy to integrate following the Brown 
        decision;
            (3) the orderly and peaceful integration of the 
        public schools in Charleston served as a model and 
        inspiration in the development of the Civil Rights 
        movement in the United States, particularly with 
        respect to public education; and
            (4) notwithstanding the important role of the 
        Charleston School District in the successful 
        implementation of integrated public schools, the role 
        of the district has not been adequately commemorated 
        and interpreted for the benefit and understanding of 
        the nation.
    (b) The Charleston Public School complex in Charleston, 
Arkansas is hereby designated as the ``Charleston National 
Commemorative Site'' in commemoration of the Charleston 
schools' role as the first public school district in the South 
to integrate following the 1954 United States Supreme Court 
decision, Brown v. Board of Education.
    (c) The Secretary, after consultation with the Charleston 
Public School District, shall establish an appropriate 
commemorative monument and interpretive exhibit at the 
Charleston National Commemorative Site to commemorate the 1954 
integration of Charleston's public schools.
    Sec. 129. (a) In the event any tribe returns appropriations 
made available by this Act to the Bureau of Indian Affairs for 
distribution to other tribes, this action shall not diminish the 
Federal Government's trust responsibility to that tribe, or the 
government-to-government relationship between the United States and 
that tribe, or that tribe's ability to access future appropriations.
    (b) The Bureau of Indian Affairs (BIA) shall develop 
alternative methods to fund tribal priority allocations (TPA) 
base programs in future years. The alternatives shall consider 
tribal revenues and relative needs of tribes and tribal 
members. No later than April 1, 1999, the BIA shall submit a 
report to Congress containing its recommendations and other 
alternatives. The report shall also identify the methods 
proposed to be used by BIA to acquire data that is not 
currently available to BIA and any data gathering mechanisms 
that may be necessary to encourage tribal compliance. 
Notwithstanding any other provision of law, for the purposes of 
developing recommendations, the Bureau of Indian Affairs is 
hereby authorized access to tribal revenue-related data held by 
any Federal agency, excluding information held by the Internal 
Revenue Service.
    (c) Except as provided in subsection (d), tribal revenue 
shall include the sum of tribal net income, however derived, 
from any business venture owned, held, or operated, in whole or 
in part, by any tribal entity which is eligible to receive TPA 
on behalf of the members of any tribe, all amounts distributed 
as per capita payments which are not otherwise included in net 
income, and any income from fees, licenses or taxes collected 
by any tribe.
    (d) The calculation of tribal revenues shall exclude 
payments made by the Federal Government in settlement of claims 
or judgments and income derived from lands, natural resources, 
funds, and assets held in trust by the Secretary of the 
Interior.
    (e) In developing alternative TPA distribution methods, the 
Bureau of Indian Affairs will take into account the financial 
obligations of a tribe, such as budgeted health, education and 
public works service costs; its compliance, obligations and 
spending requirements under the Indian Gaming Regulatory Act; 
its compliance with the Single Audit Act; and its compact with 
its State.
    Sec. 130. None of the funds in this or any other Act shall 
be used to issue a notice of final rulemaking with respect to 
the valuation of crude oil for royalty purposes, including a 
rulemaking derived from proposed rules published in 63 Federal 
Register 6113 (1998), 62 Federal Register 36030, and 62 Federal 
Register 3742 (1997) until June 1, 1999, or until there is a 
negotiated agreement on the rule.
    Sec. 131. Up to $8,000,000 of funds available in fiscal 
years 1998 and 1999 shall be available for grants, not covering 
more than 33 percent of the total cost of any acquisition to be 
made with such funds, to States and local communities for 
purposes of acquiring lands or interests in lands to preserve 
and protect Civil War battlefield sites identified in the July 
1993 Report on the Nation's Civil War Battlefields prepared by 
the Civil War Sites Advisory Commission. Lands or interests in 
lands acquired pursuant to this section shall be subject to the 
requirements of paragraph 6(f)(3) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).


             leasing of certain reserved mineral interests


    Sec. 132. (a) Application of Mineral Leasing Act.--
Notwithstanding section 4 of Public Law 88-608 (78 Stat. 988), 
the Federal reserved mineral interests in land conveyed under 
that Act by United States land patents No. 49-71-0059 and No. 
49-71-0065 shall be subject to the Act of February 25, 1920 
(commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 
et seq.).
    (b) Entry.--
            (1) In general.--A person that acquires a lease 
        under the Act of February 25, 1920 (30 U.S.C. 181 et 
        seq.) for the interests referred to in subsection (a) 
        may exercise the right of entry that is reserved to the 
United States and persons authorized by the United States in the 
patents conveying the land described in subsection (a) by occupying so 
much of the surface the land as may be required for purposes reasonably 
incident to the exploration for, and extraction and removal of, the 
leased minerals.
            (2) Condition.--A person that exercises a right of 
        entry under paragraph (1), shall, before commencing 
        occupancy--
                    (A) secure the written consent or waiver of 
                the patentee; or
                    (B) post a bond or other financial 
                guarantee with the Secretary of the Interior in 
                an amount sufficient to ensure--
                            (i) the completion of reclamation 
                        pursuant to the requirements of the 
                        Secretary under the Act of February 25, 
                        1920 (30 U.S.C. 181 et seq.); and
                            (ii) the payment to the surface 
                        owner for--
                                    (I) any damage to a crop or 
                                tangible improvement of the 
                                surface owner that results from 
                                activity under the mineral 
                                lease; and
                                    (II) any permanent loss of 
                                income to the surface owner due 
                                to loss or impairment of 
                                grazing use or of other uses of 
                                the land by the surface owner 
                                at the time of commencement of 
                                activity under the mineral 
                                lease.
    (c) Effective Date.--In the case of the land conveyed by 
United States patent No. 49-71-0065, this section takes effect 
January 1, 1997.
    Sec. 133. Notwithstanding any other provision of law, the 
Tribal Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) is 
amended at Sec. 458ff(c) by inserting ``450c(d),'' following 
the word ``sections''.


           correction to coastal barrier resources system map


    Sec. 134. (a) In General.--Not later than 30 days after the 
date of enactment of this Act, the Secretary of the Interior 
shall make such corrections to the map described in subsection 
(b) as are necessary to restore on that map the September 30, 
1982, boundary for Unit M09 on the portion of Edisto Island 
located immediately to the south and west of the Jeremy Cay 
Causeway.
    (b) Map Described.--The map described in this subsection is 
the map included in a set of maps entitled ``Coastal Barrier 
Resources System'', dated October 24, 1990, that relates to the 
unit of the Coastal Barrier Resources System entitled ``Edisto 
Complex M09/M09P''.


                   katmai national park land exchange


    Sec. 135.  (a) Ratification of Agreement.--
            (1) Ratification.--
                    (A) In general.--The terms, conditions, 
                procedures, covenants, reservations, and other 
                provisions set forth in the document entitled 
                ``Agreement for the Sale, Purchase and 
                Conveyance of Lands between the Heirs, 
                Designees and/or Assigns of Palakia Melgenak 
                and the United States of America'' (hereinafter 
                referred to in this section as the 
                ``Agreement''), executed by its signatories, 
                including the heirs, designees and/or assigns 
                of Palakia Melgenak (hereinafter referred to in 
                this section as the ``Heirs'') effective on 
                September 1, 1998 are authorized, ratified and 
                confirmed, and set forth the obligations and 
                commitments of the United States and all other 
                signatories, as a matter of Federal law.
                    (B) Native allotment.--Notwithstanding any 
                provision of law to the contrary, all lands 
                described in section 2(c) of the Agreement for 
                conveyance to the Heirs shall be deemed a 
replacement transaction under ``An Act to relieve restricted Indians in 
the Five Civilized Tribes whose nontaxable lands are required for 
State, county or municipal improvements or sold to other persons or for 
other purposes'' (25 U.S.C. 409a, 46 Stat. 1471), as amended, and the 
Secretary shall convey such lands by a patent consistent with the terms 
of the Agreement and subject to the same restraints on alienation and 
tax-exempt status as provided for Native allotments pursuant to ``An 
Act authorizing the Secretary of the Interior to allot homesteads to 
the natives of Alaska'' (34 Stat. 197), as amended, repealed by section 
18(a) the Alaska Native Claims Settlement Act (85 Stat. 710), with a 
savings clause for applications pending on December 18, 1971.
                    (C) Land acquisition.--Lands and interests 
                in land acquired by the United States pursuant 
                to the Agreement shall be administered by the 
                Secretary of the Interior (hereinafter referred 
                to as the ``Secretary'') as part of the Katmai 
                National Park, subject to the laws and 
                regulations applicable thereto.
            (2) Maps and deeds.--The maps and deeds set forth 
        in the Agreement generally depict the lands subject to 
        the conveyances, the retention of consultation rights, 
        the conservation easement, the access rights, Alaska 
        Native Allotment Act status, and the use and transfer 
        restrictions.
    (b) Katmai National Park and Preserve Wilderness.--Upon the 
date of closing of the conveyance of the approximately 10 acres 
of Katmai National Park Wilderness lands to be conveyed to the 
Heirs under the Agreement, the following lands shall hereby be 
designated part of the Katmai Wilderness as designated by 
section 701(4) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 1132 note; 94 Stat. 2417):
        A strip of land approximately one half mile long and 
        165 feet wide lying within Section 1, Township 24 
        South, Range 33 West, Seward Meridian, Alaska, the 
        center line of which is the center of the unnamed 
        stream from its mouth at Geographic Harbor to the north 
        line of said Section 1. Said unnamed stream flows from 
        the unnamed lake located in Sections 25 and 26, 
        Township 23 South, Range 33 West, Seward Meridian. This 
        strip of land contains approximately 10 acres.
    (c) Availability of Appropriation.--None of the funds 
appropriated in this Act or any other Act hereafter enacted for 
the implementation of the Agreement may be expended until the 
Secretary determines that the Heirs have signed a valid and 
full relinquishment and release of any and all claims described 
in section 2(d) of the Agreement.
    (d) General Provisions.--
            (1) All of the lands designated as Wilderness 
        pursuant to this section shall be subject to any valid 
        existing rights.
            (2) Subject to the provisions of the Alaska 
        National Interest Lands Conservation Act, the Secretary 
        shall ensure that the lands in the Geographic Harbor 
        area not directly affected by the Agreement remain 
        accessible for the public, including its mooring and 
        mechanized transportation needs.
            (3) The Agreement shall be placed on file and 
        available for public inspection at the Alaska Regional 
        Office of the National Park Service, at the office of 
        the Katmai National Park and Preserve in King Salmon, 
        Alaska, and at least one public facility managed by the 
        Federal, State or local government located in each of 
        Homer, Alaska, and Kodiak, Alaska and such other public 
        facilities which theSecretary determines are suitable 
and accessible for such public inspections. In addition, as soon as 
practicable after enactment of this provision, the Secretary shall make 
available for public inspection in those same offices, copies of all 
maps and legal descriptions of lands prepared in implementing either 
the Agreement or this section. Such legal descriptions shall be 
published in the Federal Register and filed with the Speaker of the 
House of Representatives and the President of the Senate.
    Sec. 136. Watershed Restoration and Enhancement Agreements. 
Section 124(a) of the Department of the Interior and Related 
Agencies Appropriations Act, 1997 (16 U.S.C. 1011(a)) is 
amended by striking ``with willing private landowners for 
restoration and enhancement of fish, wildlife, and other biotic 
resources on public or private land or both'' and inserting 
``with the heads of other Federal agencies, tribal, State, and 
local governments, private and nonprofit entities, and 
landowners for the protection, restoration, and enhancement of 
fish and wildlife habitat and other resources on public or 
private land and the reduction of risk from natural disaster 
where public safety is threatened''.
    Sec. 137. None of the funds made available in this or any 
other Act may be expended before March 31, 1999 to publish 
final regulations based on the regulations proposed at 63 Fed. 
Reg. 3289 on January 22, 1998.
    Sec. 138. Acquisition of Real Property Interests for 
Addition to Chickamauga and Chattanooga National Military Park. 
The Act of August 19, 1890 (16 U.S.C. 424), is amended by 
adding at the end the following:

``SEC. 12. ACQUISITION OF LAND.

    ``(a) In General.--The Secretary of the Interior may 
acquire private land, easements, and buildings within the areas 
authorized for acquisition for the Chickamauga and Chattanooga 
National Military Park, by donation, purchase with donated or 
appropriated funds, or exchange.
    ``(b) Limitation.--Land, easements, and buildings described 
in subsection (a) may be acquired only from willing sellers.
    ``(c) Administration.--Land, easements, and buildings 
acquired by the Secretary under subsection (a) shall be 
administered by the Secretary as part of the park.''.
    Sec. 139. Amounts invoiced by the Secretary of the Interior 
and paid in full before the date of enactment of this Act for 
the purchase of Federal royalty oil by a refiner pursuant to 
the preference for small refiners in section 36 of the Mineral 
Leasing Act (30 U.S.C. 192) or section 27(b)(2) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1353(b)(2)) are hereby 
ratified and deemed to be the refiner's total obligation to the 
United States for such purchases notwithstanding any other 
provision of law, including the regulations set forth in 30 
C.F.R. 208.13 (1997), subject to adjustment to reconcile billed 
volumes with delivered volumes: Provided, That all delivered 
royalty oil volumes so invoiced were processed, used, or 
exchanged for other crude oil on a volume or equivalent basis 
that was processed or used, in the refiner's refineries located 
in the United States.
    Sec. 140. Remaining funds in the amount of $250,000, 
appropriated as part of Public Law 105-83 in the National Park 
Service construction account for fiscal year 1998 for an 
environmental impact statement of a site for an interpretive 
center along the Blue Ridge Parkway near Roanoke, Virginia, may 
be used for the construction of an interpretive center outside 
of the boundaries of the Blue Ridge Parkway, near Roanoke, 
Virginia.
    Sec. 141. Section 5(a)(3) of the Act entitled ``An Act to 
provide for the establishment of the Indiana Dunes National 
Lakeshore, and for other purposes'', approved November 5, 1966 
(16 U.S.C. 460u-5(a)(3)), is amended--
            (1) in subparagraph (A), in the matter preceding 
        clause (i), by--
                    (A) striking ``as of that date''; and
                    (B) inserting ``, subject to subparagraph 
                (B),'' after ``term ending''; and
            (2) in subparagraph (B), by striking ``Subparagraph 
        (A)'' and inserting ``Subparagraph (A)(ii)''.
    Sec. 142. Notwithstanding any other provision of law, any 
settlement or judgment against the United States for the 
legislative taking by section 817 of Public Law 104-333 (110 
Stat. 4200-4201) of real property on the eastern end of Santa 
Cruz Island known as the Gherini Ranch shall be paid solely 
from the permanent judgment appropriation established pursuant 
to section 1304 of title 31, United States Code.
    Sec. 143. Public Law 102-350 (16 U.S.C. 410) is amended to 
strike ``Marsh-Billings'' each place it appears and insert 
``Marsh-Billings-Rockefeller''.
    Sec. 144. Refunds or rebates received on an on-going basis 
from a credit card services provider under the Department of 
the Interior's charge card programs may be deposited to and 
retained without fiscal year limitation in the Departmental 
Working Capital Fund established under 43 U.S.C. 1467 and used 
to fund management initiatives of general benefit to the 
Department of the Interior's bureaus and offices as determined 
by the Secretary or his designee.
    Sec. 145. The principal visitor center for the Santa Monica 
Mountains National Recreation Area, regardless of location, 
shall be named for Anthony C. Beilenson and shall be referred 
to in any law, document or record of the United States as the 
``Anthony C. Beilenson Visitor Center''.
    Sec. 146. The Redwood Information Center located at 119231 
Highway 101 in Orick, California is hereby named the ``Thomas 
H. Kuchel Visitor Center'' and shall be referred to in any law, 
document or record of the United States as the ``Thomas H. 
Kuchel Visitor Center''.
    Sec. 147. Appropriations made in this title under the 
headings Bureau of Indian Affairs and Office of Special Trustee 
for American Indians and any available unobligated balances 
from prior appropriations Acts made under the same headings, 
shall be available for expenditure or transfer for Indian trust 
management activities pursuant to the Trust Management 
Improvement Project High Level Implementation Plan.
    Sec. 148. All funds received by the United States as a 
result of the sale or the exchange and subsequent sale of lands 
under section 412(a)(1) of the ``Treasury and General 
Government Appropriations Act, 1999'' shall be deposited in the 
``Everglades restoration'' account in accordance with section 
390(f)(2)(A) of the Federal Agriculture Improvement and Reform 
Act of 1996, Public Law 104-127, 110 Stat. 1022.
      Sec. 149. Notwithstanding any other provision of law, the 
Secretary of the Interior shall transfer a road easement, no 
wider than 50 feet, across lot 1 (USS 3811, First Judicial 
District, Juneau Recording District, State of Alaska), 
administered by the National Park Service, identified as road 
alternative 1 on the map entitled ``Traffic and Environmental 
Feasibility Study for Access to Proposed Auke Cape Facility'' 
in the document for the NOAA/NMFS Juneau Consolidated Facility 
Preliminary Draft Environmental Impact Statement, dated July 
1996, to the City and Borough of Juneau, Alaska. The Secretary 
of the Interior shall also transfer to the City and Borough of 
Juneau all right, title and interest of the United States in 
the right of way described by the plat recorded in Book 54, 
page 371, of the Juneau Recording District. Such transfers 
shall occur as soon as practical after the Secretary of 
Commerce has exchanged all, or a portion, of the right, title 
and interest in the 28.16 acres known as the Auke Cape property 
for the 22.35 acres known as the Lena Point property, near 
Juneau, Alaska to the City and Borough of Juneau, Alaska. The 
Secretary of the Interior shall deliver to the City and Borough 
of Juneau, Alaska a deed or patent establishing the conveyance 
to the City and Borough of Juneau, Alaska of said easements. 
The Secretary of the Interior shall retain the right of access 
and use of such right of way, easement and road.
    Sec. 150. All properties administered by the National Park 
Service at Fort Baker, Golden Gate National Recreation Area, 
and leases, concessions, permits and other agreements 
associated with those properties, shall be exempt from all 
taxes and special assessments, except sales tax, by the State 
of California and its political subdivisions, including the 
County of Marin and the City of Sausalito. Such areas of Fort 
Baker shall remain under exclusive federal jurisdiction.
    Sec. 151. Notwithstanding any provision of law, the 
Secretary of the Interior is authorized to negotiate and enter 
into agreements and leases, without regard to section 321 of 
chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b), with 
any person, firm, association, organization, corporation, or 
governmental entity for all or part of the property within Fort 
Baker administered by the Secretary as part of Golden Gate 
National Recreation Area. The proceeds of the agreements or 
leases shall be retained by the Secretary and such proceeds 
shall be available, without future appropriation, for the 
preservation, restoration, operation, maintenance and 
interpretation and related expenses incurred with respect to 
Fort Baker properties.
    Sec. 152. In implementing section 1307(a) of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3197), the 
Secretary of the Interior shall deem the holder (on the date of 
enactment of this Act) of the concession contract KATM001-81 to 
be a person who, on or before January 1, 1979, was engaged in 
adequately providing visitor services of the type authorized in 
said contract with Katmai National Park and Preserve.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

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

                       state and private forestry

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

                         national forest system

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

                        wildland fire management

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

                    reconstruction and construction

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


                            land acquisition


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


         acquisition of lands for national forests special acts


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


            acquisition of lands to complete land exchanges


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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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


        management of national forest lands for subsistence uses


                 subsistence management, forest service


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

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal 
year shall be available for: (1) purchase of not to exceed 177 
passenger motor vehicles of which 22 will be used primarily for 
law enforcement purposes and of which 176 shall be for 
replacement; acquisition of 25 passenger motor vehicles from 
excess sources, and hire of such vehicles; operation and 
maintenance of aircraft, the purchase of not to exceed two for 
replacement only, and acquisition of sufficient aircraft from 
excess sources to maintain the operable fleet at 213 aircraft 
for use in Forest Service wildland fire programs and other 
Forest Service programs; notwithstanding other provisions of 
law, existing aircraft being replaced may be sold, with 
proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft; (2) services pursuant to 7 
U.S.C. 2225, and not to exceed $100,000 for employment under 5 
U.S.C. 3109; (3) purchase, erection, and alteration of 
buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein, pursuant to 
7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in 
the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a 
note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-
5902; and (7) for debt collection contracts in accordance with 
31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be 
obligated or expended to abolish any region, to move or close 
any regional office for National Forest System administration 
of the Forest Service, Department of Agriculture without the 
consent of the House and Senate Committees on Appropriations.
    Any appropriations or funds available to the Forest Service 
may be transferred to the Wildland Fire Management 
appropriation for forest firefighting, emergency rehabilitation 
of burned-over or damaged lands or waters under its 
jurisdiction, and fire preparedness due to severe burning 
conditions.
    Funds appropriated to the Forest Service shall be available 
for assistance to or through the Agency for International 
Development and the Foreign Agricultural Service in connection 
with forest and rangeland research, technical information, and 
assistance in foreign countries, and shall be available to 
support forestry and related natural resource activities 
outside the United States and its territories and possessions, 
including technical assistance, education and training, and 
cooperation with United States and international organizations.
    None of the funds made available to the Forest Service 
under this Act shall be subject to transfer under the 
provisions of section 702(b) of the Department of Agriculture 
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the 
proposed transfer is approved in advance by the House and 
Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report 105-163.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and 
Senate Committees on Appropriations in accordance with the 
procedures contained in House Report 105-163.
    No funds appropriated to the Forest Service shall be 
transferred to the Working Capital Fund of the Department of 
Agriculture without the approval of the Chief of the Forest 
Service.
    Notwithstanding any other provision of law, hereafter any 
appropriations or funds available to the Forest Service may be 
used to disseminate program information to private and public 
individuals and organizations through the use of nonmonetary 
items of nominal value and to provide nonmonetary awards of 
nominal value and to incur necessary expenses for the 
nonmonetary recognition of private individuals and 
organizations that make contributions to Forest Service 
programs.
    Notwithstanding any other provision of law, hereafter money 
collected, in advance or otherwise, by the Forest Service under 
authority of section 101 of Public Law 93-153 (30 U.S.C. 
185(1)) as reimbursement of administrative and other costs 
incurred in processing pipeline right-of-way or permit 
applications and for costs incurred in monitoring the 
construction, operation, maintenance, and termination of any 
pipeline and related facilities, may be used to reimburse the 
applicable appropriation to which such costs were originally 
charged.
    Funds available to the Forest Service shall be available to 
conduct a program of not less than $1,000,000 for high priority 
projects within the scope of the approved budget which shall be 
carried out by the Youth Conservation Corps as authorized by 
the Act of August 13, 1970, as amended by Public Law 93-408.
    None of the funds available in this Act shall be used for 
timber sale preparation using clearcutting in hardwood stands 
in excess of 25 percent of the fiscal year 1989 harvested 
volume in the Wayne National Forest, Ohio: Provided, That this 
limitation shall not apply to hardwood stands damaged by 
natural disaster: Provided further, That landscape architects 
shall be used to maintain a visually pleasing forest.
    Any money collected from the States for fire suppression 
assistance rendered by the Forest Service on non-Federal lands 
not in the vicinity of National Forest Systemlands shall 
hereafter be used to reimburse the applicable appropriation and shall 
remain available until expended as the Secretary may direct in 
conducting activities authorized by 16 U.S.C. 2101 note, 2101-2110, 
1606, and 2111.
    Of the funds available to the Forest Service, $1,500 is 
available to the Chief of the Forest Service for official 
reception and representation expenses.
    Notwithstanding any other provision of law, hereafter the 
Forest Service is authorized to employ or otherwise contract 
with persons at regular rates of pay, as determined by the 
Service, to perform work occasioned by emergencies such as 
fires, storms, floods, earthquakes or any other unavoidable 
cause without regard to Sundays, Federal holidays, and the 
regular workweek.
    To the greatest extent possible, and in accordance with the 
Final Amendment to the Shawnee National Forest Plan, none of 
the funds available in this Act shall be used for preparation 
of timber sales using clearcutting or other forms of even-aged 
management in hardwood stands in the Shawnee National Forest, 
Illinois.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to 
$2,250,000 may be advanced in a lump sum as Federal financial 
assistance to the National Forest Foundation, without regard to 
when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System 
lands or related to Forest Service programs: Provided, That of 
the Federal funds made available to the Foundation, no more 
than $400,000 shall be available for administrative expenses: 
Provided further, That the Foundation shall obtain, by the end 
of the period of Federal financial assistance, private 
contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the 
Foundation may transfer Federal funds to a non-Federal 
recipient for a project at the same rate that the recipient has 
obtained the non-Federal matching funds: Provided further, That 
hereafter, the National Forest Foundation may hold Federal 
funds made available but not immediately disbursed and may use 
any interest or other investment income earned (before, on, or 
after the date of enactment of this Act) on Federal funds to 
carry out the purposes of Public Law 101-593: Provided further, 
That such investments may be made only in interest-bearing 
obligations of the United States or in obligations guaranteed 
as to both principal and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, up to 
$2,650,000 of the funds available to the Forest Service shall 
be available for matching funds to the National Fish and 
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, and 
may be advanced in a lump sum as Federal financial assistance, 
without regard to when expenses are incurred, for projects on 
or benefitting National Forest System lands or related to 
Forest Service programs: Provided, That the Foundation shall 
obtain, by the end of the period of Federal financial 
assistance, private contributions to match on at least one-for-
one basis funds advanced by the Forest Service: Provided 
further, That the Foundation may transfer Federal funds to a 
non-Federal recipient for a project at the same rate that the 
recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available 
for interactions with and providing technical assistance to 
rural communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of 
the funds appropriated to the Forest Service in the ``National 
Forest System'' and ``Reconstruction and Construction'' 
accounts and planned to be allocated to activities under the 
``Jobs in the Woods'' program for projects on National Forest 
land in the State of Washington may be granted directly to the 
Washington StateDepartment of Fish and Wildlife for 
accomplishment of planned projects. Twenty percent of said funds shall 
be retained by the Forest Service for planning and administering 
projects. Project selection and prioritization shall be accomplished by 
the Forest Service with such consultation with the State of Washington 
as the Forest Service deems appropriate.
    Funds appropriated to the Forest Service shall be available 
for payments to counties within the Columbia River Gorge 
National Scenic Area, pursuant to sections 14(c)(1) and (2), 
and section 16(a)(2) of Public Law 99-663.
    The Secretary of Agriculture is authorized to enter into 
grants, contracts, and cooperative agreements as appropriate 
with the Pinchot Institute for Conservation, as well as with 
public and other private agencies, organizations, institutions, 
and individuals, to provide for the development, 
administration, maintenance, or restoration of land, 
facilities, or Forest Service programs, at the Grey Towers 
National Historic Landmark: Provided, That, subject to such 
terms and conditions as the Secretary of Agriculture may 
prescribe, any such public or private agency, organization, 
institution, or individual may solicit, accept, and administer 
private gifts of money and real or personal property for the 
benefit of, or in connection with, the activities and services 
at the Grey Towers National Historic Landmark: Provided 
further, That such gifts may be accepted notwithstanding the 
fact that a donor conducts business with the Department of 
Agriculture in any capacity.
    Funds appropriated to the Forest Service shall be 
available, as determined by the Secretary, for payments to Del 
Norte County, California, pursuant to sections 13(e) and 14 of 
the Smith River National Recreation Area Act (Public Law 101-
612).
    For purposes of the Southeast Alaska Economic Disaster Fund 
as set forth in section 101(c) of Public Law 104-134, the 
direct grants provided in subsection (c) shall be considered 
direct payments for purposes of all applicable law except that 
these direct grants may not be used for lobbying activities.
    No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this 
Act to any other agency or office of the Department for more 
than 30 days unless the individual's employing agency or office 
is fully reimbursed by the receiving agency or office for the 
salary and expenses of the employee for the period of 
assignment.
    The Forest Service shall fund overhead, national 
commitments, indirect expenses, and any other category for use 
of funds which are expended at any units, that are not directly 
related to the accomplishment of specific work on-the-ground 
(referred to as ``indirect expenditures''), from funds 
available to the Forest Service, unless otherwise prohibited by 
law: Provided, That not later than 90 days after the date of 
the enactment of this Act, the Forest Service shall provide, to 
the Committees on Appropriations of the House of 
Representatives and Senate, proposed definitions, which are 
consistent with Federal Accounting Standards Advisory Board 
standards, to be used with the fiscal year 2000 budget, for 
indirect expenditures: Provided further, That the Forest 
Service shall implement and adhere to the definitions on a 
nationwide basis without flexibility for modification by any 
organizational level except the Washington Office, and when 
changed by the Washington Office, such changes in definition 
shall be reported in budget requests submitted by the Forest 
Service: Provided further, That the Forest Service shall 
provide in the fiscal year 2000 budget justification, planned 
indirect expenditures in accordance with the definitions, 
summarized and displayed to the Regional, Station, Area, and 
detached unit office level. The justification shall display the 
estimated source and amount of indirect expenditures, by 
expanded budget line item, of funds in the agency's annual 
budget justification. The display shall includeappropriated 
funds and the Knutson-Vandenberg, Brush Disposal, Cooperative Work-
Other, and Salvage Sale funds. Changes between estimated and actual 
indirect expenditures shall be reported in subsequent budget 
justifications: Provided further, That during fiscal year 2000 the 
Secretary shall limit total annual indirect obligations from the Brush 
Disposal, Cooperative Work-Other, Knutson-Vandenberg, Reforestation, 
Salvage Sale, and Roads and Trails funds to 20 percent of the total 
obligations from each fund: Provided further, That not later than 90 
days after the date of the enactment of this Act, the Forest Service 
shall provide a plan which addresses how the agency will fully 
integrate all indirect expenditure information into the agency's 
general ledger system.

                          DEPARTMENT OF ENERGY

                         clean coal technology


                               (deferral)


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

                 fossil energy research and development

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

                      alternative fuels production


                     (including transfer of funds)


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

                 naval petroleum and oil shale reserves

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


                      elk hills school lands funds


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

                          energy conservation

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

                          economic regulation

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

                      strategic petroleum reserve

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

                   energy information administration

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


            administrative provisions, department of energy


    Appropriations under this Act for the current fiscal year 
shall be available for hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase, repair, and 
cleaning of uniforms; and reimbursement to the General Services 
Administration for security guard services.
    From appropriations under this Act, transfers of sums may 
be made to other agencies of the Government for the performance 
of work for which the appropriation is made.
    None of the funds made available to the Department of 
Energy under this Act shall be used to implement or finance 
authorized price support or loan guarantee programs unless 
specific provision is made for such programs in an 
appropriations Act.
    The Secretary is authorized to accept lands, buildings, 
equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other 
agencies, Federal, State, private or foreign: Provided, That 
revenues and other moneys received by or for the account of the 
Department of Energy or otherwise generated by sale of products 
in connection with projects of the Department appropriated 
under this Act may be retained by the Secretary of Energy, to 
be available until expended, and used only for plant 
construction, operation, costs, and payments to cost-sharing 
entities as provided in appropriate cost-sharing contracts or 
agreements: Provided further, That the remainder of revenues 
after the making of such payments shall be covered into the 
Treasury as miscellaneous receipts: Provided further, That any 
contract, agreement, or provision thereof entered into bythe 
Secretary pursuant to this authority shall not be executed prior to the 
expiration of 30 calendar days (not including any day in which either 
House of Congress is not in session because of adjournment of more than 
three calendar days to a day certain) from the receipt by the Speaker 
of the House of Representatives and the President of the Senate of a 
full comprehensive report on such project, including the facts and 
circumstances relied upon in support of the proposed project.
    No funds provided in this Act may be expended by the 
Department of Energy to prepare, issue, or process procurement 
documents for programs or projects for which appropriations 
have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and 
private sources, to be deposited in a contributed funds 
account, and prosecute projects using such fees and 
contributions in cooperation with other Federal, State or 
private agencies or concerns.
    The Secretary in fiscal year 1999 and thereafter, shall 
continue the process begun in fiscal year 1998 of accepting 
funds from other Federal agencies in return for assisting 
agencies in achieving energy efficiency in Federal facilities 
and operations by the use of privately financed, energy savings 
performance contracts and other private financing mechanisms. 
The funds may be provided after agencies begin to realize 
energy cost savings; may be retained by the Secretary until 
expended; and may be used only for the purpose of assisting 
Federal agencies in achieving greater efficiency, water 
conservation and use of renewable energy by means of privately 
financed mechanisms, including energy savings performance 
contracts and utility incentive programs. These recovered funds 
will continue to be used to administer even greater energy 
efficiency, water conservation and use of renewable energy by 
means of privately financed mechanisms such as utility 
efficiency service contracts and energy savings performance 
contracts. The recoverable funds will be used for all necessary 
program expenses, including contractor support and resources 
needed, to achieve overall Federal energy management program 
objectives for greater energy savings. Any such privately 
financed contracts shall meet the provisions of the Energy 
Policy Act of 1992, Public Law 102-486 regarding energy savings 
performance contracts and utility incentive programs.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

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

                        indian health facilities

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

            administrative provisions, indian health service

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

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

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

        construction and improvements, national zoological park

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

                  repair and restoration of buildings

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

                              construction

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


           administrative provisions, smithsonian institution


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

                        National Gallery of Art


                         salaries and expenses


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


            repair, restoration and renovation of buildings


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

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance


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


                              construction


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

            Woodrow Wilson International Center for Scholars


                         salaries and expenses


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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration


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


                            matching grants


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

                 National Endowment for the Humanities


                       grants and administration


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


                            matching grants


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

                Institute of Museum and Library Services


                       office of museum services


                       grants and administration


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

                       administrative provisions

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

                        Commission of Fine Arts


                         salaries and expenses


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


               national capital arts and cultural affairs


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

               Advisory Council on Historic Preservation


                         salaries and expenses


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

                  National Capital Planning Commission


                         salaries and expenses


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

                United States Holocaust Memorial Council


                       holocaust memorial council


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

                             Presidio Trust


                          presidio trust fund


    For necessary expenses to carry out title I of the Omnibus 
Parks and Public Lands Management Act of 1996, $14,913,000 
shall be available to the Presidio Trust, to remain available 
until expended. The Trust is authorized to issue obligations to 
the Secretary of the Treasury pursuant to section 104(d)(3) of 
the Act, in an amount not to exceed $20,000,000.

                     TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive Order 
issued pursuant to existing law.
    Sec. 302. No part of any appropriation under this Act shall 
be available to the Secretary of the Interior or the Secretary 
of Agriculture for the leasing of oil and natural gas by 
noncompetitive bidding on publicly owned lands within the 
boundaries of the Shawnee National Forest, Illinois: Provided, 
That nothing herein is intended to inhibit or otherwise affect 
the sale, lease, or right to access to minerals owned by 
private individuals.
    Sec. 303. No part of any appropriation contained in this 
Act shall be available for any activity or the publication or 
distribution of literature that in any way tends to promote 
public support or opposition to any legislative proposal on 
which congressional action is not complete.
    Sec. 304. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 305. None of the funds provided in this Act to any 
department or agency shall be obligated or expended to provide 
a personal cook, chauffeur, or other personal servants to any 
officer or employee of such department or agency except as 
otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act 
unless advance notice of such assessments and the basis 
therefor are presented to the Committees on Appropriations and 
are approved by such Committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of 
the funds made available in this Act may be expended by an 
entity unless the entity agrees that in expending the funds the 
entity will comply with sections 2 through 4 of the Act of 
March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the ``Buy 
American Act'').
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and 
        products.--In the case of any equipment or product that 
        may be authorized to be purchased with financial 
        assistance provided using funds made available in this 
        Act, it is the sense of the Congress that entities 
        receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and 
        products.
            (2) Notice to recipients of assistance.--In 
        providing financial assistance using funds made 
        available in this Act, the head of each Federal agency 
        shall provide to each recipient of the assistancea 
notice describing the statement made in paragraph (1) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 308. None of the funds in this Act may be used to 
plan, prepare, or offer for sale timber from trees classified 
as giant sequoia (Sequoiadendron giganteum) which are located 
on National Forest System or Bureau of Land Management lands in 
a manner different than such sales were conducted in fiscal 
year 1995.
    Sec. 309. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or 
requires the removal of the underground lunchroom at the 
Carlsbad Caverns National Park.
    Sec. 310. None of the funds appropriated or otherwise made 
available by this Act may be used for the AmeriCorps program, 
unless the relevant agencies of the Department of the Interior 
and/or Agriculture follow appropriate reprogramming guidelines: 
Provided, That if no funds are provided for the AmeriCorps 
program by the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 
1999, then none of the funds appropriated or otherwise made 
available by this Act may be used for the AmeriCorps programs.
    Sec. 311. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
such bridge, when it is made known to the Federal official 
having authority to obligate or expend such funds that such 
pedestrian use is consistent with generally accepted safety 
standards.
    Sec. 312. (a) Limitation of Funds.--None of the funds 
appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended to accept or process 
applications for a patent for any mining or mill site claim 
located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
claim concerned: (1) a patent application was filed with the 
Secretary on or before September 30, 1994; and (2) all 
requirements established under sections 2325 and 2326 of the 
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims 
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes 
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as 
the case may be, were fully complied with by the applicant by 
that date.
    (c) Report.--On September 30, 1999, the Secretary of the 
Interior shall file with the House and Senate Committees on 
Appropriations and the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on actions taken by the 
Department under the plan submitted pursuant to section 314(c) 
of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent 
applications in a timely and responsible manner, upon the 
request of a patent applicant, the Secretary of the Interior 
shall allow the applicant to fund a qualified third-party 
contractor to be selected by the Bureau of Land Management to 
conduct a mineral examination ofthe mining claims or mill sites 
contained in a patent application as set forth in subsection (b). The 
Bureau of Land Management shall have the sole responsibility to choose 
and pay the third-party contractor in accordance with the standard 
procedures employed by the Bureau of Land Management in the retention 
of third-party contractors.
    Sec. 313. None of the funds appropriated or otherwise made 
available by this Act may be used for the purposes of acquiring 
lands in the counties of Gallia, Lawrence, Monroe, or 
Washington, Ohio, for the Wayne National Forest.
    Sec. 314. Notwithstanding any other provision of law, 
amounts appropriated to or earmarked in committee reports for 
the Bureau of Indian Affairs and the Indian Health Service by 
Public Laws 103-138, 103-332, 104-134, 104-208 and 105-83 for 
payments to tribes and tribal organizations for contract 
support costs associated with self-determination or self-
governance contracts, grants, compacts, or annual funding 
agreements with the Bureau of Indian Affairs or the Indian 
Health Service as funded by such Acts, are the total amounts 
available for fiscal years 1994 through 1998 for such purposes, 
except that, for the Bureau of Indian Affairs, tribes and 
tribal organizations may use their tribal priority allocations 
for unmet indirect costs of ongoing contracts, grants, self-
governance compacts or annual funding agreements.
    Sec. 315. Notwithstanding any other provision of law, for 
fiscal year 1999 the Secretaries of Agriculture and the 
Interior are authorized to limit competition for watershed 
restoration project contracts as part of the ``Jobs in the 
Woods'' component of the President's Forest Plan for the 
Pacific Northwest to individuals and entities in historically 
timber-dependent areas in the States of Washington, Oregon, and 
northern California that have been affected by reduced timber 
harvesting on Federal lands.
    Sec. 316. None of the funds collected under the 
Recreational Fee Demonstration program may be used to plan, 
design, or construct a visitor center or any other permanent 
structure without prior approval of the House and the Senate 
Committees on Appropriations if the estimated total cost of the 
facility exceeds $500,000.
    Sec. 317. (a) None of the funds made available in this Act 
or any other Act providing appropriations for the Department of 
the Interior, the Forest Service or the Smithsonian Institution 
may be used to submit nominations for the designation of 
Biosphere Reserves pursuant to the Man and Biosphere program 
administered by the United Nations Educational, Scientific, and 
Cultural Organization.
    (b) The provisions of this section shall be repealed upon 
enactment of subsequent legislation specifically authorizing 
United States participation in the Man and Biosphere program.
    Sec. 318. None of the funds made available in this or any 
other Act for any fiscal year may be used to designate, or to 
post any sign designating, any portion of Canaveral National 
Seashore in Brevard County, Florida, as a clothing-optional 
area or as an area in which public nudity is permitted, if such 
designation would be contrary to county ordinance.
    Sec. 319. Of the funds provided to the National Endowment 
for the Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual 
        for a literature fellowship, National Heritage 
        Fellowship, or American Jazz Masters Fellowship.
            (2) The Chairperson shall establish procedures to 
        ensure that no funding provided through a grant, except 
        a grant made to a State or local arts agency, or 
        regional group, may be used to make a grant to any 
        other organization or individual to conduct activity 
        independent of the direct grant recipient.Nothing in 
this subsection shall prohibit payments made in exchange for goods and 
services.
            (3) No grant shall be used for seasonal support to 
        a group, unless the application is specific to the 
        contents of the season, including identified programs 
        and/or projects.
    Sec. 320. The National Endowment for the Arts and the 
National Endowment for the Humanities are authorized to 
solicit, accept, receive, and invest in the name of the United 
States, gifts, bequests, or devises of money and other property 
or services and to use such in furtherance of the functions of 
the National Endowment for the Arts and the National Endowment 
for the Humanities. Any proceeds from such gifts, bequests, or 
devises, after acceptance by the National Endowment for the 
Arts or the National Endowment for the Humanities, shall be 
paid by the donor or the representative of the donor to the 
Chairman. The Chairman shall enter the proceeds in a special 
interest-bearing account to the credit of the appropriate 
endowment for the purposes specified in each case.
    Sec. 321. No part of any appropriation contained in this 
Act shall be expended or obligated to fund new revisions of 
national forest land management plans until new final or 
interim final rules for forest land management planning are 
published in the Federal Register. Those national forests which 
are currently in a revision process, having formally published 
a Notice of Intent to revise prior to October 1, 1997; those 
national forests having been court-ordered to revise; those 
national forests where plans reach the fifteen year legally 
mandated date to revise before or during calendar year 2000; 
national forests within the Interior Columbia Basin Ecosystem 
study area; and the White Mountain National Forest are exempt 
from this section and may use funds in this Act and proceed to 
complete the forest plan revision in accordance with current 
forest planning regulations.
    Sec. 322. No part of any appropriation contained in this 
Act shall be expended or obligated to complete and issue the 
five-year program under the Forest and Rangeland Renewable 
Resources Planning Act.
    Sec. 323. (a) Watershed Restoration and Enhancement 
Agreements.--For fiscal year 1999, 2000 and 2001, to the extent 
funds are otherwise available, appropriations for the Forest 
Service may be used by the Secretary of Agriculture for the 
purpose of entering into cooperative agreements with willing 
Federal, tribal, State and local governments, private and 
nonprofit entities and landowners for the protection, 
restoration and enhancement of fish and wildlife habitat, and 
other resources on public or private land, the reduction of 
risk from natural disaster where public safety is threatened, 
or a combination thereof or both that benefit these resources 
within the watershed.
    (b) Direct and Indirect Watershed Agreements.--The 
Secretary of Agriculture may enter into a watershed restoration 
and enhancement agreement--
            (1) directly with a willing private landowner; or
            (2) indirectly through an agreement with a State, 
        local or tribal government or other public entity, 
        educational institution, or private nonprofit 
        organization.
    (c) Terms and Conditions.--In order for the Secretary to 
enter into a watershed restoration and enhancement agreement--
            (1) the agreement shall--
                    (A) include such terms and conditions 
                mutually agreed to by the Secretary and the 
                landowner, state or local government, or 
                private or nonprofit entity;
                    (B) improve the viability of and otherwise 
                benefit the fish, wildlife, and other resources 
                on national forests lands within the watershed;
                    (C) authorize the provision of technical 
                assistance by the Secretary in the planning of 
                management activities that will further the 
                purposes of the agreement;
                    (D) provide for the sharing of costs of 
                implementing the agreement among the Federal 
                Government, the landowner(s), and other 
                entities, as mutually agreed on by the affected 
                interests; and
                    (E) ensure that any expenditure by the 
                Secretary pursuant to the agreement is 
                determined by the Secretary to be in the public 
                interest; and
            (2) the Secretary may require such other terms and 
        conditions as are necessary to protect the public 
        investment on non-Federal lands, provided such terms 
        and conditions are mutually agreed to by the Secretary 
        and other landowners, State and local governments or 
        both.
    (d) Reporting Requirements.--Not later than December 31, 
1999, the Secretary shall submit a report to the Committees on 
Appropriations of the House and Senate, which contains--
            (1) A concise description of each project, 
        including the project purpose, location on federal and 
        non-federal land, key activities, and all parties to 
        the agreement.
            (2) the funding and/or other contributions provided 
        by each party for each project agreement.
    Sec. 324. (a) In providing services or awarding financial 
assistance under the National Foundation on the Arts and the 
Humanities Act of 1965 from funds appropriated under this Act, 
the Chairperson of the National Endowment for the Arts shall 
ensure that priority is given to providing services or awarding 
financial assistance for projects, productions, workshops, or 
programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a 
        population of individuals who have historically been 
        outside the purview of arts and humanities programs due 
        to factors such as a high incidence of income below the 
        poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty 
        line (as defined by the Office of Management and 
        Budget, and revised annually in accordance with section 
        673(2) of the Community Services Block Grant Act (42 
        U.S.C. 9902(2)) applicable to a family of the size 
        involved.
    (c) In providing services and awarding financial assistance 
under the National Foundation on the Arts and Humanities Act of 
1965 with funds appropriated by this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority 
is given to providing services or awarding financial assistance 
for projects, productions, workshops, or programs that will 
encourage public knowledge, education, understanding, and 
appreciation of the arts.
    (d) With funds appropriated by this Act to carry out 
section 5 of the National Foundation on the Arts and Humanities 
Act of 1965--
            (1) the Chairperson shall establish a grant 
        category for projects, productions, workshops, or 
        programs that are of national impact or availability or 
        are able to tour several States;
            (2) the Chairperson shall not make grants exceeding 
        15 percent, in the aggregate, of such funds to any 
        single State, excluding grants made under the authority 
        of paragraph (1);
            (3) the Chairperson shall report to the Congress 
        annually and by State, on grants awarded by the 
        Chairperson in each grant category under section 5 of 
        such Act; and
            (4) the Chairperson shall encourage the use of 
        grants to improve and support community-based music 
        performance and education.
    Sec. 325. None of the funds in this Act may be used for 
planning, design or construction of improvements toPennsylvania 
Avenue in front of the White House without the advance approval of the 
House and Senate Committees on Appropriations.
    Sec. 326. Notwithstanding the provisions of section 1010(b) 
of the Commemorative Works Act (40 U.S.C. 1001 et seq.), the 
legislative authority for the international memorial to honor 
the victims of communism, authorized under section 905 of 
Public Law 103-199 (107 Stat. 2331), shall expire December 17, 
2007.
    Sec. 327. Section 101(c) of Public Law 104-134, as amended, 
is further amended as follows: Under the heading ``Title III--
General Provisions'' amend section 315(f) (16 U.S.C. 460l-6a 
note) by striking ``September 30, 1999'' after the words ``and 
end on'' and inserting ``September 30, 2001'' and striking 
``September 30, 2002'' after the words ``remain available 
through'' and inserting ``September 30, 2004''.
    Sec. 328. Notwithstanding any other provision of law, none 
of the funds in this Act may be used to enter into any new or 
expanded self-determination contract or grant or self-
governance compact pursuant to the Indian Self-Determination 
Act of 1975, as amended, for any activities not previously 
covered by such contracts, compacts or grants. Nothing in this 
section precludes the continuation of those specific activities 
for which self-determination and self-governance contracts, 
compacts and grants currently exist or the renewal of 
contracts, compacts and grants for those activities; 
implementation of section 325 of Public Law 105-83 (111 Stat. 
1597); or compliance with 25 U.S.C. 2005.
    Sec. 329. (a) Prohibition on Timber Purchaser Road 
Credits.--In financing any forest development road pursuant to 
section 4 of Public Law 88-657 (16 U.S.C. 535, commonly known 
as the National Forest Roads and Trails Act), the Secretary of 
Agriculture may not provide effective credit for road 
construction to any purchaser of national forest timber or 
other forest products.
    (b)(1) Construction of Roads by Timber Purchasers.--
Whenever the Secretary of Agriculture makes a determination 
that a forest development road referred to in subsection (a) 
shall be constructed or paid for, in whole or in part, by a 
purchaser of national forest timber or other forest products, 
the Secretary shall include notice of the determination in the 
notice of sale of the timber or other forest products. The 
notice of sale shall contain, or announce the availability of, 
sufficient information related to the road described in the 
notice to permit a prospective bidder on the sale to calculate 
the likely cost that would be incurred by the bidder to 
construct or finance the construction of the road so that the 
bidder may reflect such cost in the bid.
    (2) If there is an increase or decrease in the cost of 
roads constructed by the timber purchaser, caused by variations 
in quantities, changes or modifications subsequent to the sale 
of timber made in accordance with applicable timber sale 
contract provisions, then an adjustment to the price paid for 
timber harvested by the purchaser shall be made. The adjustment 
shall be applied by the Secretary as soon as practicable after 
any such design change is implemented.
    (c) Special Election by Small Business Concerns.--(1) A 
notice of sale referred to in subsection (b) containing 
specified road construction of $50,000 or more, shall give a 
purchaser of national forest timber or other forest products 
that qualifies as a ``small business concern'' under the Small 
Business Act (15 U.S.C. 631 et seq.), and regulations issued 
thereunder, the option to elect that the Secretary of 
Agriculture build the roads described in the notice. The 
Secretary shall provide the small business concern with an 
estimate of the cost that would be incurred by the Secretary to 
construct the roads on behalf of the small business concern. 
The notice of sale shall also include the date on which the 
roads described in the notice will be completed by the 
Secretary if the election is made.
    (2) If the election referred to in paragraph (1) is made, 
the purchaser of the national forest timber or other forest 
products shall pay to the Secretary of Agriculture, in addition 
to the price paid for the timber or other forest products, an 
amount equal to the estimated cost of the roads which otherwise 
would be paid by the purchaser as provided in the notice of 
sale. Pending receipt of such amount, the Secretary may use 
receipts from the sale of national forest timber or other 
forest products and such additional sums as may be appropriated 
for the construction of roads, such funds to be available until 
expended, to accomplish the requested road construction.
    (d) Post Construction Harvesting.--In each sale of national 
forest timber or other forest products referred to in this 
section, the Secretary of Agriculture is encouraged to 
authorize harvest of the timber or other forest products in a 
unit included in the sale as soon as road work for that unit is 
completed and the road work is approved by the Secretary.
    (e) Construction Standard.--For any forest development road 
that is to be constructed or paid for by a purchaser of 
national forest timber or other forest products, the Secretary 
of Agriculture may not require the purchaser to design, 
construct, or maintain the road (or pay for the design, 
construction, or maintenance of the road) to a standard higher 
than the standard, consistent with applicable environmental 
laws and regulations, that is sufficient for the harvesting and 
removal of the timber or other forest products, unless the 
Secretary bears that part of the cost necessary to meet the 
higher standard.
    (f) Treatment of Road Value.--For any forest development 
road that is constructed or paid for by a purchaser of national 
forest timber or other forest products, the estimated cost of 
the road construction, including subsequent design changes, 
shall be considered to be money received for purposes of the 
payments required to be made under the sixth paragraph under 
the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 
Stat. 260, 16 U.S.C. 500), and section 13 of the Act of March 
1, 1911 (35 Stat. 963; commonly known as the Weeks Act; 16 
U.S.C. 500). To the extent that the appraised value of road 
construction determined under this subsection reflects funds 
contributed by the Secretary of Agriculture to build the road 
to a higher standard pursuant to subsection (e), the Secretary 
shall modify the appraisal of the road construction to exclude 
the effect of the Federal funds.
    (g) Effective Date.--(1) This section and the requirements 
of this section shall take effect (and apply thereafter) upon 
the earlier of--
            (A) April 1, 1999; or
            (B) the date that is the later of--
                    (i) the effective date of regulations 
                issued by the Secretary of Agriculture to 
                implement this section; and
                    (ii) the date on which new timber sale 
                contract provisions designed to implement this 
                section, that have been published for public 
                comment, are approved by the Secretary.
    (2) Notwithstanding paragraph (1), any sale of national 
forest timber or other forest products for which notice of sale 
is provided before the effective date of this section, and any 
effective purchaser road credit earned pursuant to a contract 
resulting from such a notice of sale or otherwise earned before 
that effective date shall remain in effect, and shall continue 
to be subject to section 4 of Public Law 88-657 and section 
14(i) of the National Forest Management Act of 1976 (16 U.S.C. 
472a(i)), and rules issued thereunder, as in effect on the day 
before the date of the enactment of this Act.
    Sec. 330. Section 6(b)(1)(B)(iii) of the National 
Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 
955(b)(1)(B)(iii)) is amended by striking ``One'' and inserting 
``Two''.
      Sec. 331. Section 401(f) of Public Law 105-83 (111 Stat. 
1610) is hereby amended by striking ``1998'' and inserting in 
lieu thereof ``1999''.
    Sec. 332. Amounts deposited during fiscal year 1998 in the 
roads and trails fund provided for in the fourteenth paragraph 
under the heading ``FOREST SERVICE'' of the Act of March 4, 
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
Secretary of Agriculture, without regard to the State in which 
the amounts were derived, to repair or reconstruct roads, 
bridges, and trails on National Forest System lands or to carry 
out and administer projects to improve forest health 
conditions, which may include the repair or reconstruction of 
roads, bridges, and trails on National Forest System lands in 
the wildland-community interface where there is an abnormally 
high risk of fire. The projects shall emphasize reducing risks 
to human safety and public health and property and enhancing 
ecological functions, long-term forest productivity, and 
biological integrity. The Secretary shall commence the projects 
during fiscal year 1999, but the projects may be completed in a 
subsequent fiscal year. Funds shall not be expended under this 
section to replace funds which would otherwise appropriately be 
expended from the timber salvage sale fund. Nothing in this 
section shall be construed to exempt any project from any 
environmental law.
    Sec. 333. Section 5 of the Arts and Artifacts Indemnity Act 
(20 U.S.C. 974) is amended--
            (1) in subsection (b) by striking 
        ``$3,000,000,000'' and inserting ``$5,000,000,000'';
            (2) in subsection (c) by striking ``$300,000,000'' 
        and inserting ``$500,000,000'';
            (3) by striking ``or'' at the end of subsection 
        (d)(4);
            (4) in subsection (d)(5) by striking ``$200,000,000 
        or more'' and inserting ``not less than $200,000,000 
        but less than $300,000,000'' and by striking the final 
        period and inserting a semicolon; and
            (5) by inserting the following two new subsections 
        after subsection (d)(5):
            ``(6) not less than $300,000,000 but less than 
        $400,000,000, then coverage under this chapter shall 
        extend only to loss or damage in excess of the first 
        $300,000 of loss or damage to items covered; or
            ``(7) $400,000,000 or more, then coverage under 
        this chapter shall extend only to loss or damagein 
excess of the first $400,000 of loss or damage to items covered.''.


                           tulare conveyance


    Sec. 334. (a) In General.--Subject to subsections (c) and 
(d), all conveyances to the Redevelopment Agency of the City of 
Tulare, California, of lands described in subsection (b), 
heretofore or hereafter, made directly by the Southern Pacific 
Transportation Company, or its successors, are hereby validated 
to the extent that the conveyances would be legal or valid if 
all right, title, and interest of the United States, except 
minerals, were held by the Southern Pacific Transportation 
Company.
    (b) Lands Described.--The lands referred to in subsection 
(a) are the parcels shown on the map entitled ``Tulare 
Redevelopment Agency-Railroad Parcels Proposed to be 
Acquired'', dated May 29, 1997, that formed part of a railroad 
right-of-way granted to the Southern Pacific Railroad Company, 
or its successors, agents, or assigns, by the Federal 
Government (including the right-of-way approved by an Act of 
Congress on July 27, 1866). The map referred to in this 
subsection shall be on file and available for public inspection 
in the offices of the Director of the Bureau of Land 
Management.
    (c) Preservation of Existing Rights of Access.--Nothing in 
this section shall impair any existing rights of access in 
favor of the public or any owner of adjacent lands over, under 
or across the lands which are referred to in subsection (a).
    (d) Minerals.--The United States disclaims any and all 
right of surface entry to the mineral estate of lands described 
in subsection (b).
    Sec. 335. The final set of maps entitled ``Coastal Barrier 
Resources System'', dated ``October 24, 1990, revised November 
12, 1996'', and relating to the following units of the Coastal 
Barrier Resources System: P04A, P05/P05P; P05A/P05AP, FL-06P; 
P10/P10P; P11; P11AP; P11A; P18/P18P; P25/P25P; and P32/P32P 
(which set of maps were created by the Department of the 
Interior to comply with section 220 of Public Law 104-333, 110 
Stat. 4115, and notice of which was published in the Federal 
Register on May 28, 1997) shall have the force and effect of 
law and replace and substitute for any other inconsistent 
Coastal Barrier Resource System map in the possession of the 
Department of the Interior. This provision is effective 
immediately upon enactment of this Act and the Secretary of the 
Interior or his designee shall immediately make this 
ministerial substitution.
    Sec. 336. Section 405(c)(2) of the Indian Health Care 
Improvement Act (42 U.S.C. 1645(c)(2)) is amended by striking 
``September 30, 1998'' and inserting ``September 30, 2000''.
    Sec. 337. Section 3003 of the Petroleum Overcharge 
Distribution and Restitution Act of 1986 (15 U.S.C. 4502) is 
amended by adding after subsection (d) the following new 
subsection:
    ``(e) Subsections (b), (c), and (d) of this section are 
repealed, and any rights that may have arisen are extinguished, 
on the date of the enactment of the Department of the Interior 
and Related Agencies Appropriations Act, 1999. After that date, 
the amount available for direct restitution to current and 
future refined petroleum product claimants under this Act is 
reduced by the amounts specified in title II of that Act as 
being derived from amounts held in escrow under section 
3002(d). The Secretary shall assure that the amount remaining 
in escrow to satisfy refined petroleum product claims for 
direct restitution is allocated equitably among the 
claimants.''.
    Sec. 338. Section 123(a)(2)(C) of the Department of the 
Interior and Related Agencies Appropriations Act, 1998 (111 
Stat. 1566), is amended by striking ``self-regulated tribes 
such as''.
      Sec. 339. (a) Restriction on Federal Management Under 
Title VIII of the Alaska National Interest Lands Conservation 
Act.--
            (1) Notwithstanding any other provision of law, 
        hereafter neither the Secretary of the Interior nor the 
        Secretary of Agriculture may, prior to December 1, 
        2000, implement or enforce any final rule, regulation, 
        or policy pursuant to title VIII of the Alaska National 
        Interest Lands Conservation Act to manage and to assert 
        jurisdiction, authority, or control over land, water, 
        and wild, renewable resources, including fish and 
        wildlife, in Alaska for subsistence uses, except 
        within--
                    (A) areas listed in 50 C.F.R. 100.3(b) 
                (October 1, 1998) and
                    (B) areas constituting ``public land or 
                public lands'' under the definition of such 
                term found at 50 C.F.R. 100.4 (October 1, 
                1998).
            (2) The areas in subparagraphs (A) and (B) of 
        paragraph (1) shall only be construed to mean those 
        public lands which as of October 1, 1998, were subject 
        to federal management for subsistence uses pursuant to 
        Title VIII of the Alaska National Interest Lands 
        Conservation Act.
      (b) Subsection (a) Repealed.--
            (1) The Secretary of the Interior shall certify 
        before October 1, 1999, if a bill or resolution has 
        been passed by the Alaska State Legislature to amend 
        the Constitution of the State of Alaska that, if 
        approved by the electorate, would enable the 
        implementation of state laws of general applicability 
        consistent with, and which provide for the definition, 
        preference, and participation specified in sections 
        803, 804, and 805 of the Alaska National Interest Lands 
        Conservation Act.
            (2) Subsection (a) shall be repealed on October 1, 
        1999, unless prior to that date the Secretary of the 
        Interior makes such a certification described in 
        paragraph (1).
      (c) Technical Amendments to the Alaska National Interest 
Lands Conservation Act.--Section 805 of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3115) is amended--
            (1) in subsection (a) by striking ``one year after 
        the date of enactment of this Act,''
            (2) in subsection (d) by striking ``within one year 
        from the date of enactment of this Act,''.
      (d) Effect on Tidal and Submerged Land.--Nothing in this 
section invalidates, validates, or in any other way affects any 
claim of the State of Alaska to title to any tidal or submerged 
land in Alaska.
    Sec. 340. None of the funds made available in this Act may 
be used to establish a national wildlife refuge in the Kankakee 
River watershed in northwestern Indiana and northeastern 
Illinois.
    Sec. 341. Upon the condition that Skamania County conveys 
title acceptable to the Secretary of Agriculture to all right, 
title and interest in lands identified on a map dated September 
29, 1998 entitled ``Skamania County Lands to be Transferred'', 
such lands being located on Table Mountain lying within the 
Columbia River Gorge National Scenic Area, there is hereby 
conveyed to Skamania County, notwithstanding any other 
provision of law, the Wind River Nursery Site lands and 
facilities and all interests therein, except for the corridor 
of the Pacific Crest National Scenic Trail, as depicted on a 
map dated September 29, 1998, entitled ``Wind River 
Conveyance'', which is on file and available for public 
inspection in the Office of the Chief, USDA Forest Service, 
Washington, D.C.
    The conveyance of lands to Skamania County shall become 
automatically effective upon a determination by the Secretary 
that Skamania County has conveyed acceptable title to the 
United States to the Skamania County lands. Lands conveyed to 
the United States shall become part of the Gifford Pinchot 
National Forest and shall have the status of lands acquired 
under the Act of March 1, 1911, (commonly called the Weeks Act) 
and shall be managed in accordance with the laws and 
regulations applicable to the National Forest System.
    Sec. 342. (a) Boundary Adjustments.--
            (1) Lake chelan national recreation area.--The 
        boundary of the Lake Chelan National Recreation Area, 
        established by section 202 of Public Law 90-544 (16 
        U.S.C. 90a-1), is hereby adjusted to exclude a parcel 
        of land and waters consisting of approximately 88 
        acres, as depicted on the map entitled ``Proposed 
        Management Units, North Cascades, Washington'', 
        numbered NP-CAS-7002A, originally dated October 1967, 
        and revised July 13, 1994.
            (2) Wenatchee national forest.--The boundary of the 
        Wenatchee National Forest is hereby adjusted to include 
        the parcel of land and waters described in paragraph 
        (1).
            (3) Availability of map.--The map referred to in 
        paragraph (1) shall be on file and available for public 
        inspection in the offices of the superintendent of the 
        Lake Chelan National Recreation Area and the Director 
        of the National Park Service, Department of the 
        Interior, and in the office of the Chief of the Forest 
        Service, Department of Agriculture.
    (b) Transfer of Administrative Jurisdiction.--
Administrative jurisdiction over Federal land and waters in the 
parcel covered by the boundary adjustments in subsection (a) is 
transferred from the Secretary of the Interior to the Secretary 
of Agriculture, and the transferred land and waters shall be 
managed by the Secretary of Agriculture in accordance with the 
laws and regulations pertaining to the National Forest System.
    (c) Land and Water Conservation Fund.--For purposes of 
section 7 of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-9), the boundaries of the Wenatchee National 
Forest, as adjusted by subsection (a), shall be considered to 
be the boundaries of the Wenatchee National Forest as of 
January 1, 1965.
    Sec. 343. Hardwood Technology Transfer and Applied 
Research. (a) The Secretary of Agriculture (hereinafter the 
``Secretary'') is hereby authorized to conduct technology 
transfer and development, training, dissemination of 
information and applied research in the management, processing 
and utilization of the hardwood forest resource. This authority 
is in addition to any other authorities which may be available 
to the Secretary including, but not limited to, the Cooperative 
Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101 et. 
seq.), and the Forest and Rangeland Renewable Resources Act of 
1978, as amended (16 U.S.C. 1600-1614).
    (b) In carrying out this authority, the Secretary may enter 
into grants, contracts, and cooperative agreementswith public 
and private agencies, organizations, corporations, institutions and 
individuals. The Secretary may accept gifts and donations pursuant to 
the Act of October 10, 1978 (7 U.S.C. 2269) including gifts and 
donations from a donor that conducts business with any agency of the 
Department of Agriculture or is regulated by the Secretary of 
Agriculture.
    (c) The Secretary is authorized, on such terms and 
conditions as the Secretary may prescribe, to assume all 
rights, title, and interest, including all outstanding assets, 
of the Robert C. Byrd Hardwood Technology Center, Inc. 
(hereinafter the ``Center''), a non-profit corporation existing 
under the laws of the State of West Virginia: Provided, That 
the Board of Directors of the Center requests such an action 
and dissolves the corporation consistent with the Articles of 
Incorporation and the laws of the State of West Virginia.
    (d) The Secretary is authorized to operate and utilize the 
assets of the Center as part of a newly formed ``Institute of 
Hardwood Technology Transfer and Applied Research'' 
(hereinafter the ``Institute''). The Institute, in addition to 
the Center, will consist of a Director, technology transfer 
specialists from State and Private Forestry, the Forestry 
Sciences Laboratory in Princeton, West Virginia, and any other 
organizational unit of the Department of Agriculture as the 
Secretary deems appropriate. The overall management of the 
Institute will be the responsibility of the USDA Forest 
Service, State and Private Forestry.
    (e) The Secretary is authorized to generate revenue using 
the authorities provided herein. Any revenue received as part 
of the operation of the Institute shall be deposited into a 
special fund in the Treasury of the United States, known as the 
``Hardwood Technology Transfer and Applied Research Fund'', 
which shall be available to the Secretary until expended, 
without further appropriation, in furtherance of the purposes 
of this section, including upkeep, management, and operation of 
the Institute and the payment of salaries and expenses.
    (f) There are hereby authorized to be appropriated such 
sums as necessary to carry out the provisions of this section.
    Sec. 344. Notwithstanding the requirements of section 
1203(a) of Public Law 99-662 [100 Stat. 4263], the non-Federal 
share of the cost of correcting the spillway deficiency at 
Beach City Lake, Muskingum River Basin, Ohio, shall not exceed 
$141,000.
    Sec. 345. Notwithstanding section 343 of Public Law 105-83, 
increases in recreation residence fees on the Sawtooth National 
Forest shall be implemented in fiscal year 1999 only to the 
extent that such fee increases do not exceed 25 percent.
    Sec. 346. Section 7 of the Granger-Thye Act of April 24, 
1950 is amended by deleting the words ``recondition and 
maintain,'' substituting in lieu thereof the words ``renovate, 
recondition, improve, and maintain''.


        stewardship end result contracting demonstration project


    Sec. 347. (a) In General.--Until September 30, 2002, the 
Forest Service may enter into no more than twenty-eight (28) 
contracts with private persons and entities, of which Region 
One of the Forest Service shall have the authority to enter 
into nine (9) such contracts, to perform services to achieve 
land management goals for the national forests that meet local 
and rural community needs.
    (b) Land Management Goals.--The land management goals of a 
contract under subsection (a) may include, among other things--
            (1) road and trail maintenance or obliteration to 
        restore or maintain water quality;
            (2) soil productivity, habitat for wildlife and 
        fisheries, or other resource values;
            (3) setting of prescribed fires to improve the 
        composition, structure, condition, and health of stands 
        or to improve wildlife habitat;
            (4) noncommercial cutting or removing of trees or 
        other activities to promote healthy forest stands, 
        reduce fire hazards, or achieve other non-commercial 
        objectives;
            (5) watershed restoration and maintenance;
            (6) restoration and maintenance of wildlife and 
        fish habitat; and
            (7) control of noxious and exotic weeds and 
        reestablishing native plant species.
    (c) Contracts.--
            (1) Procurement procedure.--A source for 
        performance of a contract under subsection (a) shall be 
        selected on a best-value basis, including consideration 
        of source under other public and private contracts.
            (2) Term.--A multiyear contract may be entered into 
        under subsection (a) in accordance with section 304B of 
        the Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 254c), except that the period of the 
        contract may exceed 5 years but may not exceed 10 
        years.
            (3) Offsets.--
                    (A) In general.--In connection with 
                contracts under subsection (a), the Forest 
                Service may apply the value of timber or other 
                forest products removed as an offset against 
                the cost of services received.
                    (B) Methods of appraisal.--The value of 
                timber or other forest products used as offsets 
                under subparagraph (A)--
                            (i) shall be determined using 
                        appropriate methods of appraisal 
                        commensurate with the quantity of 
                        products to be removed;
                            (ii) may be determined using a unit 
                        of measure appropriate to the 
                        contracts; and
                            (iii) may include valuing products 
                        on a per-acre basis.
            (4) Relation to other laws.--The Forest Service may 
        enter into contracts under subsection (a), 
        notwithstanding subsections (d) and (g) of section 14 
        of the National Forest Management Act of 1976 (16 
        U.S.C. 472a).
    (d) Receipts.--
            (1) In general.--The Forest Service may collect 
        monies from a contract under subsection (a) so long as 
        such collection is a secondary objective of negotiating 
        contracts that will best achieve the purposes of this 
        section.
            (2) Use.--Monies from a contract under subsection 
        (a) may be retained by the Forest Service and shall be 
        available for expenditure without further appropriation 
        at the demonstration project site from which the monies 
        are collected or at another demonstration project site.
            (3) Relation to other laws.--The value of services 
        received by the Secretary under a stewardship contract 
        project conducted under this section, and any payments 
        made or resources provided by the contractor or the 
        Secretary under such a project, shall not be considered 
        to be monies received from the National Forest System 
        under any provision of law. The Act of June 9, 1930 (16 
        U.S.C. 576 et seq.; commonly known as the Knutson-
        Vandenberg Act), shall not apply to stewardship 
        contracts entered into under this section.
    (e) Costs of Removal.--The Forest Service may collect 
deposits from contractors covering the costs of removal of 
timber or other forest products pursuant to the Act of August 
11, 1916 (39 Stat. 462, chapter 313; 16 U.S.C. 490); and the 
next to the last paragraph under the heading ``Forest 
Service.'' under the heading ``Departmentof Agriculture'' in 
the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498); 
notwithstanding the fact that the timber purchasers did not harvest the 
timber.
    (f) Performance and Payment Guarantees.--
            (1) In general.--The Forest Service may require 
        performance and payment bonds, in accordance with 
        sections 103-2 and 103-2 of part 28 of the Federal 
        Acquisition Regulation (48 C.F.R. 28.103-2, 28.103-3), 
        in an amount that the contracting officer considers 
        sufficient to protect the Government's investment in 
        receipts generated by the contractor from the estimated 
        value of the forest products to be removed under 
        contract under subsection (a).
            (2) Excess offset value.--If the offset value of 
        the forest products exceeds the value of the resource 
        improvement treatments, the Forest Service may--
                    (A) collect any residual receipts pursuant 
                to the Act of June 9, 1930 (46 Stat. 527, 
                chapter 416; 16 U.S.C. 576b); and
                    (B) apply the excess to other authorized 
                stewardship demonstration projects.
    (g) Monitoring, Evaluation and Reporting.--The Forest 
Service shall establish a multiparty monitoring and evaluation 
process that accesses each individual stewardship contract 
conducted under this section. Besides the Forest Service, 
participants in this process may include any cooperating 
governmental agencies, including tribal governments, and any 
interested groups or individuals. The Forest Service shall 
report annually to the Committee on Appropriations of the House 
of Representatives and the Committee on Appropriations of the 
Senate on--
            (1) the status of development, execution, and 
        administration of contracts under subsection (a);
            (2) the specific accomplishments that have 
        resulted; and
            (3) the role of local communities in development of 
        contract plans.
    Sec. 348. The Forest Service and the Federal Highway 
Administration shall make available to the State of Utah, 
$15,000,000 for construction of the Trappers Loop connector 
road. Such funds shall be made available from the Federal Land 
Highway Program, Public Lands Highways (Forests) funds. Such 
funds shall be made available prior to computation and 
aggregation of the state shares of such funds for other 
projects.


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


    Sec. 349. (a) In General.--Subject to subsection (b), the 
United States shall recognize as not infringing upon any 
ownership rights of the United States to coalbed methane any--
            (1) contract or lease covering any land that was 
        conveyed by the United States under the Act entitled 
        ``An Act for the protection of surface rights of 
        entrymen'', approved March 3, 1909 (30 U.S.C. 81), or 
        the Act entitled ``An Act to provide for agricultural 
        entries on coal lands'',approved June 22, 1910 (30 
U.S.C. 83 et seq.), that was--
                    (A) entered into by a person who has title 
                to said land derived under said Acts, and
                    (B) that conveys rights to explore for, 
                extract, and sell coalbed methane from said 
                land; or
            (2) coalbed methane production from the lands 
        described in subsection (a)(1) by a person who has 
        title to said land and who, on or before the date of 
        enactment of this Act, has filed an application with 
        the State oil and gas regulating agency for a permit to 
        drill an oil and gas well to a completion target 
        located in a coal formation.
      (b) Application.--Subsection (a)
            (1) shall apply only to a valid contract or lease 
        described in subsection (a) that is in effect on the 
        date of enactment of this Act;
            (2) shall not otherwise change the terms or 
        conditions of, or affect the rights or obligations of 
        any person under such a contract or lease;
            (3) shall apply only to land with respect to which 
        the United States is the owner of coal reserved to the 
        United States in a patent issued under the Act of March 
        3, 1909 (30 U.S.C. 81), or the Act of June 22, 1910 (30 
        U.S.C. et seq.), the position of the United States as 
        the owner of the coal not having passed to a third 
        party by deed, patent or other conveyance by the United 
        States;
            (4) shall not apply to any interest in coal or land 
        conveyed, restored, or transferred by the United States 
        to a federally recognized Indian tribe, including any 
        conveyance, restoration, or transfer made pursuant to 
        the Indian Recorganization Act, June 18, 1934 (c. 576, 
        48 Stat. 984, as amended); the Act of June 28, 1938, 
        (c. 776, 52 Stat. 1209 as implemented by the order of 
        September 14, 1938, 3 Fed. Reg. 1425); and including 
        the area described in Sec. 3 of P.L. 98-290; or any 
        executive order;
            (5) shall not be construed to constitute a waiver 
        of any rights of the United States with respect to 
        coalbed methane production that is not subject to 
        subsection (a);
            (6) shall not limit the right of any person who 
        entered into a contract or lease before the date of 
        enactment of this Act, or enters into a contract or 
        lease on or after the date of enactment of this Act, 
        for coal owned by the United States, to mine and remove 
        the coal and to release coalbed methane without 
        liability to any person referred to in subsection 
        (a)(1)(A) or (a)(2).
    Sec. 350. No timber in Region 10 of the Forest Service 
shall be advertised for sale which, when using domestic Alaska 
western red cedar selling values and manufacturing costs, fails 
to provide at least 60 percent of normal profit and risk of the 
appraised timber, except at the written request by a 
prospective bidder. Program accomplishments shall be based on 
volume sold. Should Region 10 sell, in fiscal year 1999, the 
annual average portion of the decadal allowable sale quantity 
called for in the current Tongass Land Management Plan which 
provides greater than 60 percent of normal profit and risk at 
the time of the sale advertisement, all of the western red 
cedar timber from those sales which is surplus to the needs of 
domestic processors in Alaska, shall be made available to 
domestic processors in the contiguous 48 United States based on 
values in the PacificNorthwest as determined by the Forest 
Service and stated in the timber sale contract. Should Region 10 sell, 
in fiscal year 1999, less than the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan meeting the 60 percent of normal profit and risk 
standard at the time of sale advertisement, the volume of western red 
cedar timber available to domestic processors at rates specified in the 
timber sale contract in the contiguous 48 states shall be that volume: 
(i) which is surplus to the needs of domestic processors in Alaska; and 
(ii) is that percent of the surplus western red cedar volume determined 
by calculating the ratio of the total timber volume which has been sold 
on the Tongass to the annual average portion of the decadal allowable 
sale quantity called for in the current Tongass Land Management Plan. 
The percentage shall be calculated by Region 10 on a rolling basis as 
each sale is sold. (For purposes of this amendment, a ``rolling basis'' 
shall mean that the determination of how much western red cedar is 
eligible for sale to various markets shall be made at the time each 
sale is awarded.) Western red cedar shall be deemed ``surplus to the 
needs of domestic processors in Alaska'' when the timber sale holder 
has presented to the Forest Service documentation of the inability to 
sell western red cedar logs from a given sale to domestic Alaska 
processors at a price equal to or greater than the log selling value 
stated in the contract. All additional western red cedar volume not 
sold to Alaska or contiguous 48 United States domestic processors may 
be exported to foreign markets at the election of the timber sale 
holder. All Alaska yellow cedar may be sold at prevailing export prices 
at the election of the timber sale holder.
    Sec. 351. (a) Notwithstanding any other provision of law, 
prior to September 30, 2001 the Indian Health Service may not 
disburse funds for the provision of health care services 
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), with any 
Alaska native village or Alaska Native village corporation that 
is located within the area served by an Alaska Native regional 
health entity.
    (b) Nothing in this section shall be construed to prohibit 
the disbursal of funds to any Alaska Native village or Alaska 
Native village corporation under any contract or compact 
entered into prior to August 27, 1997, or to prohibit the 
renewal of any such agreement.
    Sec. 352. None of the funds in this or any other Act shall 
be expended in Fiscal Year 1999 by the Department of the 
Interior, the Forest Service, or any other Federal agency for 
the capture and physical relocation of grizzly bears in the 
Selway-Bitteroot area of Idaho and adjacent Montana. Nothing in 
this section shall prohibit the Department of the Interior, the 
Forest Service, or any other Federal agency from using funds to 
produce a final environmental impact statement that will 
include an analysis of the habitat based population viability 
study completed in 1998, receive public comment on such final 
environmental impact statement, or issue a Record of Decision.


                      king cove health and safety


    Sec. 353. (a) Road on King Cove Corporation Lands.--Of the 
funds appropriated in this section, not later than 60 days 
after the date of enactment of this Act, $20,000,000 shall be 
made available to the Aleutians East Borough for the 
construction of an unpaved road not more than 20 feet in width, 
a dock, and marine facilities and equipment. Such road shall be 
constructed on King Cove Corporation Lands and shall extend 
from King Cove to such dock. The Aleutians East Borough, in 
consultation with the State of Alaska, shall determine the 
appropriate location of such dock and marine facilities. In no 
instance may any part of such road, dock, marine facilities or 
equipment enter or pass over any land within the 
Congressionally-designated wilderness in the Izembek National 
Wildlife Refuge (for purposes of this section, the lands within 
the Refuge boundary already conveyed to the King Cove 
Corporation are not within the wilderness area).
      (b) King Cove Air Strip.--Of the funds appropriated in 
this section, not later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior shall make 
available up to $15,000,000 to the State of Alaska for the cost 
of improvements to the air strip at King Cove, Alaska, 
including to enable jet aircraft with the capability of flying 
non-stop between Anchorage, Alaska and King Cove, Alaska to 
land and take off from such air strip.
      (c) King Cove Indian Health Service Facility.--Of the 
funds appropriated in this section, not later than 60 days 
after the enactment of this Act, the Secretary of Health and 
Human Services shall make available $2,500,000 to the Indian 
Health Service for the cost of new construction or improvements 
to the clinic in King Cove, Alaska, and telemedicine and other 
medical equipment for such clinic.
      (d) Applicability of Other Laws.--All actions undertaken 
pursuant to this section must be in accordance with all other 
applicable laws.
      (e) Appropriation.--In addition to funds in this or any 
other Act, $37,500,000 is appropriated and shall remain 
available until expended for the King Cove Health and Safety 
projects specifically identified within this section.
    Sec. 354. (a) In General.--To reflect the intent of 
Congress set forth in Public Law 98-396, section 4(a)(2) of the 
Columbia River Gorge National Scenic Area Act (16 U.S.C. 
544(a)(2)) is amended--
            (1) by striking ``(2) The boundaries'' and 
        inserting the following:
            ``(2) Boundaries.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the boundaries''; and
            (2) by adding at the end the following:
                    ``(B) Exclusions.--The scenic area shall 
                not include the approximately 29 acres of land 
                owned by the Port of Camas-Washougal in the 
                South \1/2\ of Section 16, Township 1 North, 
                Range 4 East, and the North \1/2\ of Section 
                21, Township 1 North, Range 4 East, Willamete 
                Meridian, Clark County, Washington, that 
                consists of--
                            ``(i) the approximately 19 acres of 
                        Port land acquired from the Corps of 
                        Engineers under the Second Supplemental 
                        Appropriations Act, 1984 (Public Law 
                        98-396); and
                            ``(ii) the approximately 10 acres 
                        of adjacent Port land to the west of 
                        the land described in clause (i).''.
    (b) Intent.--The amendment made by subsection (a)--
            (1) is intended to achieve the intent of Congress 
        set forth in Public Law 98-396; and
            (2) is not intended to set a precedent regarding 
        adjustment or amendment of any boundaries of 
theColumbia River Gorge National Scenic Area or any other provisions of 
the Columbia River Gorge National Scenic Area Act.
    Sec. 355. Section 5580 of the Revised Statutes (20 U.S.C. 
42) is amended--
            (1) by inserting ``(a)'' before ``The business''; 
        and
            (2) by adding at the end the following:
    ``(b) Notwithstanding any other provision of law, the Board 
of Regents of the Smithsonian Institution may modify the number 
of members, manner of appointment of members, or tenure of 
members, of the boards or commissions under the jurisdiction of 
the Smithsonian Institution, other than--
            ``(1) the Board of Regents of the Smithsonian 
        Institution; and
            ``(2) the boards or commissions of the National 
        Gallery of Art, the John F. Kennedy Center for the 
        Performing Arts, and the Woodrow Wilson International 
        Center for Scholars.''.
    Sec. 356. (a) The Act entitled ``An Act to promote the 
development of Indian arts and crafts and to create a board to 
assist therein, and for other purposes'', approved August 27, 
1935 (25 U.S.C. 305 et seq.), is amended by adding at the end 
the following:
    ``Sec. 7. (a) Notwithstanding any other provision of law, 
the Secretary of the Interior is directed to transfer all 
right, title and interest in that portion of the Indian Arts 
and Crafts Board art collection maintained permanently by the 
Indian Arts and Crafts Board in Washington, District of 
Columbia, to the Secretary of the Smithsonian Institution to be 
a part of the collection of the National Museum of the American 
Indian, subject to subsection (b). Transfer of the collection 
and costs thereof shall be carried out in accordance with 
terms, conditions, and standards mutually agreed upon by the 
Secretary of the Interior and the Secretary of the Smithsonian 
Institution.
    ``(b) The Indian Arts and Crafts Board shall retain a 
permanent license to the use of images of the collection for 
promotional, economic development, educational and related 
nonprofit purposes. The Indian Arts and Crafts Board shall not 
be required to pay any royalty or fee for such license.''.
      (b) The Secretary of the Interior is authorized to use 
funds appropriated in this Act under the heading ``salaries and 
expenses'' under the heading ``Departmental Management'' for 
the costs associated with the transfer of the collection.
    Sec. 357. None of the funds provided in this or any other 
Act shall be available for the acquisition of lands or 
interests in lands within the tract known as the Baca Location 
No. 1 in New Mexico until such time as--
            (1) an appraisal is completed for such tract which 
        conforms with the Uniform Appraisal Standards for 
        Federal Land Acquisitions; and
            (2) legislation is enacted authorizing the 
        acquisition of lands or interests in lands within such 
        tract.
    Sec. 358. The Federal building located at 15013 Denver West 
Parkway, Golden, Colorado, and known as the National Renewable 
Energy Laboratory Visitors Center, shall be known and 
designated as the ``Dan Schaefer Federal Building''. Any 
reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States court house 
referred to in this provision shall be deemed to be a reference 
to the ``Dan Schaefer Federal Building''. This provision shall 
take effect on January 3, 1999.
    Sec. 359. The new Federal building under construction at 
325 Broadway in Boulder, Colorado, shall be known and 
designated as the ``David Skaggs Federal Building''. Any 
reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to 
in this provision shall be deemed to be a reference to the 
``David Skaggs FederalBuilding''. This provision shall take 
effect on January 3, 1999.
    Sec. 360. The Federal building located at 201 14th Street, 
S.W. in Washington, D.C., shall be known and redesignated as 
the ``Sidney R. Yates Federal Building''. Any reference in a 
law, map, regulation, document, paper, or other record of the 
United States to the Federal building referred to in this 
provision shall be deemed to be a reference to the ``Sidney R. 
Yates Federal Building''. This provision shall take effect on 
January 3, 1999.
    Sec. 361. If all of the funding approved for release by the 
Committees on September 3, 1998, pursuant to Title V--Priority 
Land Acquisitions, Land Exchanges, and Maintenance in Public 
Law 105-83 is not apportioned to and made available for 
obligation by the relevant land management agencies within five 
days of the enactment of this Act, those funds are rescinded.
      Sec. 362. Section 219 of the Federal Crop Insurance 
Reform and Department of Agriculture Reorganization Act of 
1994, Public Law 103-354, 7 U.S.C. Sec. 6919, is hereby 
repealed.

                                TITLE IV

     THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT


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


    Sec. 401. (a) Definition.--For purposes of this section, 
the term ``Quincy Library Group-Community Stability Proposal'' 
means the agreement by a coalition of representatives of 
fisheries, timber, environmental, county government, citizen 
groups, and local communities that formed in northern 
California to develop a resource management program that 
promotes ecologic and economic health for certain Federal lands 
and communities in the Sierra Nevada area. Such proposal 
includes the map entitled ``QUINCY LIBRARY GROUP Community 
Stability Proposal'', dated October 12, 1993, and prepared by 
VESTRA Resources of Redding, California.
    (b) Pilot Project Required.--
            (1) Pilot project and purpose.--The Secretary of 
        Agriculture (in this section referred to as the 
        ``Secretary''), acting through the Forest Service and 
        after completion of an environmental impact statement 
        (a record of decision for which shall be adopted within 
        300 days), shall conduct a pilot project on the Federal 
        lands described in paragraph (2) to implement and 
        demonstrate the effectiveness of the resource 
        management activities described in subsection (d) and 
        the other requirements of this section, as recommended 
        in the Quincy Library Group-Community Stability 
        Proposal.
            (2) Pilot project area.--The Secretary shall 
        conduct the pilot project on the Federal lands 
withinPlumas National Forest, Lassen National Forest, and the 
Sierraville Ranger District of Tahoe National Forest in the State of 
California designated as ``Available for Group Selection'' on the map 
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated 
October 12, 1993 (in this section referred to as the ``pilot project 
area''). Such map shall be on file and available for inspection in the 
appropriate offices of the Forest Service.
    (c) Exclusion of Certain Lands, Riparian Protection and 
Compliance.--
            (1) Exclusion.--All spotted owl habitat areas and 
        protected activity centers located within the pilot 
        project area designated under subsection (b)(2) will be 
        deferred from resource management activities required 
        under subsection (d) and timber harvesting during the 
        term of the pilot project.
            (2) Riparian protection.--
                    (A) In general.--The Scientific Analysis 
                Team guidelines for riparian system protection 
                described in subparagraph (B) shall apply to 
                all resource management activities conducted 
                under subsection (d) and all timber harvesting 
                activities that occur in the pilot project area 
                during the term of the pilot project.
                    (B) Guidelines described.--The guidelines 
                referred to in subparagraph (A) are those in 
                the document entitled ``Viability Assessments 
                and Management Considerations for Species 
                Associated with Late-Successional and Old-
                Growth Forests of the Pacific Northwest'', a 
                Forest Service research document dated March 
                1993 and co-authored by the Scientific Analysis 
                Team, including Dr. Jack Ward Thomas.
                    (C) Limitation.--Nothing in this section 
                shall be construed to require the application 
                of the Scientific Analysis Team guidelines to 
                any livestock grazing in the pilot project area 
                during the term of the pilot project, unless 
                the livestock grazing is being conducted in the 
                specific location at which the Scientific 
                Analysis Team guidelines are being applied to 
                an activity under subsection (d).
            (3) Compliance.--All resource management activities 
        required by subsection (d) shall be implemented to the 
        extent consistent with applicable Federal law and the 
        standards and guidelines for the conservation of the 
        California spotted owl as set forth in the California 
        Spotted Owl Sierran Provence Interim Guidelines or the 
        subsequently issued guidelines, whichever are in 
        effect.
            (4) Roadless area protection.--The Regional 
        Forester for Region 5 shall direct that any resource 
        management activity required by subsection (d)(1) and 
        (2), all road building, all timber harvesting 
        activities, and any riparian management under 
        subsection (d)(4) that utilizes road construction or 
        timber harvesting shall not be conducted on Federal 
        lands within the Plumas National Forest, Lassen 
        National Forest, and the Sierraville Ranger District of 
        the Tahoe National Forest that are designated as either 
        ``Off Base'' or ``Deferred'' on the map referred to in 
        subsection (a). Such direction shall be effective 
        during the term of the pilot project.
    (d) Resource Management Activities.--During the term of the 
pilot project, the Secretary shall implement and carry out the 
following resource management activities on an acreage basis on 
the Federal lands included within the pilot project area 
designated under subsection (b)(2):
            (1) Fuelbreak construction.--Construction of a 
        strategic system of defensible fuel profile zones, 
        including shaded fuelbreaks, utilizing thinning, 
        individual tree selection, and other methods of 
        vegetationmanagement consistent with the Quincy Library 
Group-Community Stability Proposal, on not less than 40,000, but not 
more than 60,000, acres per year.
            (2) Group selection and individual tree 
        selection.--Utilization of group selection and 
        individual tree selection uneven-aged forest management 
        prescriptions described in the Quincy Library Group-
        Community Stability Proposal to achieve a desired 
        future condition of all-age, multistory, fire resilient 
        forests as follows:
                    (A) Group selection.--Group selection on an 
                average acreage of .57 percent of the pilot 
                project area land each year of the pilot 
                project.
                    (B) Individual tree selection.--Individual 
                tree selection may also be utilized within the 
                pilot project area.
            (3) Total acreage.--The total acreage on which 
        resource management activities are implemented under 
        this subsection shall not exceed 70,000 acres each 
        year.
            (4) Riparian management.--A program of riparian 
        management, including wide protection zones and 
        riparian restoration projects, consistent with riparian 
        protection guidelines in subsection (c)(2)(B).
    (e) Cost-Effectiveness.--In conducting the pilot project, 
Secretary shall use the most cost-effective means available, as 
determined by the Secretary, to implement resource management 
activities described in subsection (d).
    (f) Funding.--
            (1) Source of funds.--In conducting the pilot 
        project, the Secretary shall use, subject to the 
        relevant reprogramming guidelines of the House and 
        Senate Committees on Appropriations--
                    (A) those funds specifically provided to 
                the Forest Service by the Secretary to 
                implement resource management activities 
                according to the Quincy Library Group-Community 
                Stability Proposal; and
                    (B) year-end excess funds that are 
                allocated for the administration and management 
                of Plumas National Forest, Lassen National 
                Forest, and the Sierraville Ranger District of 
                Tahoe National Forest.
            (2) Prohibition on use of certain funds.--The 
        Secretary may not conduct the pilot project using funds 
        appropriated for any other unit of the National Forest 
        System.
            (3) Flexibility.--Subject to normal reprogramming 
        guidelines, during the term of the pilot project, the 
        forest supervisors of Plumas National Forest, Lassen 
        National Forest, and Tahoe National Forest may allocate 
        and use all accounts that contain year-end excess funds 
        and all available excess funds for the administration 
        and management of Plumas National Forest, Lassen 
        National Forest, and the Sierraville Ranger District of 
        Tahoe National Forest to perform the resource 
        management activities described in subsection (d).
            (4) Restriction.--The Secretary or the forest 
        supervisors, as the case may be, shall not utilize 
        authority provided under paragraphs (1)(B) and (3) if, 
        in their judgment, doing so will limit other nontimber 
        related multiple use activities for which such funds 
        were available.
            (5) Overhead.--The Secretary shall seek to ensure 
        that of amounts available to carry out this section--
                    (A) not more than 12 percent is used or 
                allocated for general administration or other 
                overhead; and
                    (B) at least 88 percent is used to 
                implement and carry out activities required by 
                this section.
            (6) Authorized supplemental funds.--There are 
        authorized to be appropriated to implement and carry 
        out the pilot project such sums as are necessary.
            (7) Baseline funds.--Amounts available for resource 
        management activities authorized under subsection (d) 
        shall at a minimum include existing baseline funding 
        levels.
    (g) Term of Pilot Project.--The Secretary shall conduct the 
pilot project until the earlier of: (1) the date on which the 
Secretary completes amendment or revision of the land and 
resource management plans directed under and in compliance with 
subsection (i) for the Plumas National Forest, Lassen National 
Forest, and Tahoe National Forest; or (2) five years after the 
date of the commencement of the pilot project.
    (h) Consultation.--(1) The statement required by subsection 
(b)(1) shall be prepared in consultation with interested 
members of the public, including the Quincy Library Group.
    (2) Contracting.--The Forest Service, subject to the 
availability of appropriations, may carry out any (or all) of 
the requirements of this section using private contracts.
    (i) Corresponding Forest Plan Amendments.--Within 2 years 
after the date of the enactment of this Act, the Regional 
Forester for Region 5 shall initiate the process to amend or 
revise the land and resource management plans for Plumas 
National Forest, Lassen National Forest, and Tahoe National 
Forest. The process shall include preparation of at least one 
alternative that--
            (1) incorporates the pilot project and area 
        designations made by subsection (b), the resource 
        management activities described in subsection (d), and 
        other aspects of the Quincy Library Group-Community 
        Stability Proposal; and
            (2) makes other changes warranted by the analyses 
        conducted in compliance with section 102(2) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)), section 6 of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1604), and other applicable laws.
    (j) Status Reports.--
            (1) In general.--Not later than February 28 of each 
        year during the term of the pilot project, the 
        Secretary shall submit to Congress a report on the 
        status of the pilot project. The report shall include 
        at least the following:
                    (A) A complete accounting of the use of 
                funds made available under subsection (f)(1)(A) 
                until such funds are fully expended.
                    (B) A complete accounting of the use of 
                funds and accounts made available under 
                subsection (f)(1) for the previous fiscal year, 
                including a schedule of the amounts drawn from 
                each account used to perform resource 
                management activities described in subsection 
                (d).
                    (C) A description of total acres treated 
                for each of the resource management activities 
                required under subsection (d), forest health 
                improvements, fire risk reductions, water yield 
                increases, and other natural resources-related 
                benefits achieved by the implementation of the 
                resource management activities described in 
                subsection (d).
                    (D) A description of the economic benefits 
                to local communities achieved by the 
                implementation of the pilot project.
                    (E) A comparison of the revenues generated 
                by, and costs incurred in, the implementation 
                of the resource management activitiesdescribed 
in subsection (d) on the Federal lands included in the pilot project 
area with the revenues and costs during each of the fiscal years 1992 
through 1997 for timber management of such lands before their inclusion 
in the pilot project.
                    (F) A proposed schedule for the resource 
                management activities to be undertaken in the 
                pilot project area during the 1-year period 
                beginning on the date of submittal of the 
                report.
                    (G) A description of any adverse 
                environmental impacts from the pilot project.
            (2) Limitation on expenditures.--The amount of 
        Federal funds expended on each annual report under this 
        subsection shall not exceed $125,000.
    (k) Final Report.--
            (1) In general.--The Secretary shall establish an 
        independent scientific panel to review and report on 
        whether, and to what extent, implementation of the 
        pilot project under this section achieved the goals 
        stated in the Quincy Library Group-Community Stability 
        Proposal, including improved ecological health and 
        community stability. The membership of the panel shall 
        reflect expertise in diverse disciplines in order to 
        adequately address all of those goals.
            (2) Preparation.--The panel shall initiate such 
        review no sooner than 18 months after the first day of 
        the term of the pilot project under subsection (g). The 
        panel shall prepare the report in consultation with 
        interested members of the public, including the Quincy 
        Library Group. The report shall include, but not be 
        limited to, the following:
                    (A) A description of any adverse 
                environmental impacts resulting from 
                implementation of the pilot project.
                    (B) An assessment of watershed monitoring 
                data on lands treated pursuant to this section. 
                Such assessment shall address the following 
                issues on a priority basis: timing of water 
                releases; water quality changes; and water 
                yield changes over the short- and long-term in 
                the pilot project area.
            (3) Submission to the congress.--The panel shall 
        submit the final report to the Congress as soon as 
        practicable, but in no case later than 18 months after 
        completion of the pilot project.
            (4) Limitation on expenditures.--The amount of 
        Federal funds expended for the report under this 
        subsection, other than for watershed monitoring, shall 
        not exceed $350,000. The amount of Federal funds 
        expended for watershed monitoring under this subsection 
        shall not exceed $175,000 for each fiscal year in which 
        the report is prepared.
    (l) Relationship to Other Laws.--Nothing in this section 
exempts the pilot project from any Federal environmental law.
    (m) Loans for Demonstration Projects for Wood Waste or Low-
Quality Wood Byproducts.--
            (1) Evaluation of loan advisability.--The 
        Alternative Agricultural Research and Commercialization 
        Corporation established under section 1658 of the Food, 
        Agriculture, Conservation, and Trade Act of 1990 (7 
        U.S.C. 5902) (in this section referred to as the 
        ``Corporation'') shall evaluate the advisability of 
        making commercialization assistance loans under section 
        1661 of such Act (7 U.S.C. 5905) to support a minimum 
        of 2 demonstration projects for the development and 
        demonstration of commercial application of technology 
        to convert wood waste or low-quality wood byproducts 
        into usable, higher value products.
            (2) Location of demonstration projects.--If the 
        Corporation determines to makeloans under this 
subsection to support the development and demonstration of commercial 
application of technology to convert wood waste or low-quality wood 
byproducts into usable, higher value products, the Corporation shall 
consider making one loan with regard to a demonstration project to be 
conducted in the pilot project area and one loan with regard to a 
demonstration project to be conducted in southeast Alaska.
            (3) Eligibility requirements.--To be eligible for a 
        loan under this subsection, a demonstration project 
        shall be required to satisfy the eligibility 
        requirements imposed by the Corporation under section 
        1661 of the Food, Agriculture, Conservation, and Trade 
        Act of 1990 (7 U.S.C. 5905).
    Sec. 402. Short Title. Section 401 of this title may be 
cited as the ``Herger-Feinstein Quincy Library Group Forest 
Recovery Act''.

             TITLE V--LAND BETWEEN THE LAKES PROTECTION ACT

SEC. 501. SHORT TITLE.

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

SEC. 502. DEFINITIONS.

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

SEC. 503. PURPOSES.

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

      Subtitle A--Establishment, Administration, and Jurisdiction

SEC. 511. ESTABLISHMENT.

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

SEC. 512. CIVIL AND CRIMINAL JURISDICTION.

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

SEC. 513. PAYMENTS TO STATES AND COUNTIES.

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

SEC. 514. FOREST HIGHWAYS.

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

                   Subtitle B--Management Provisions

SEC. 521. LAND AND RESOURCE MANAGEMENT PLAN.

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

SEC. 522. ADVISORY BOARD.

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

SEC. 523. FEES.

    (a) Authority.--The Secretary may charge reasonable fees 
for admission to and the use of the designated sites, or for 
activities, within the Recreation Area.
    (b) Factors.--In determining whether to charge fees, the 
Secretary may consider the costs of collection weighed against 
potential income.
    (c) Limitation.--No general entrance fees shall be charged 
within the Recreation Area.

SEC. 524. DISPOSITION OF RECEIPTS.

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

SEC. 525. SPECIAL USE AUTHORIZATIONS.

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

SEC. 526. COOPERATIVE AUTHORITIES AND GIFTS.

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

SEC. 527. DESIGNATION OF NATIONAL RECREATION TRAIL.

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

SEC. 528. CEMETERIES.

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

SEC. 529. RESOURCE MANAGEMENT.

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

SEC. 530. HEMATITE DAM.

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

SEC. 531. TRUST FUND.

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

                    Subtitle C--Transfer Provisions

SEC. 541. EFFECTIVE DATE OF TRANSFER.

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

SEC. 542. STATEMENT OF POLICY.

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

SEC. 543. MEMORANDUM OF AGREEMENT.

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

SEC. 544. RECORDS.

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

SEC. 545. TRANSFER OF PERSONAL PROPERTY.

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

SEC. 546. COMPLIANCE WITH ENVIRONMENTAL LAWS.

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

SEC. 547. PERSONNEL.

    (a) In General.--
            (1) Hiring.--Notwithstanding section 3503 of title 
        5, United States Code, and subject to paragraph (2), 
        the Secretary may--
                    (A) appoint, hire, and discharge officers 
                and employees to administer the Recreation 
                Area; and
                    (B) pay the officers and employees at 
                levels that are commensurate with levels at 
                other units of the National Forest System.
            (2) Interim retention of eligible employees.--
                    (A) In general.--For a period of not less 
                than 5 months after the effective date of 
                transfer to the Forest Service--
                            (i) all eligible employees shall be 
                        retained in the employment of the 
                        Tennessee Valley Authority;
                            (ii) those eligible employees shall 
                        be considered to be placed on detail to 
                        the Secretary and shall be subject to 
                        the direction of the Secretary; and
                            (iii) the Secretary shall reimburse 
                        the Tennessee Valley Authority for the 
                        amount of the basic pay and all other 
                        compensation of those eligible 
                        employees.
                    (B) Notice to employees.--The Secretary 
                shall provide eligible employees a written 
                notice of not less than 60 days before 
                termination.
                    (C) Termination for cause.--Subparagraph 
                (A) does not preclude a termination for cause 
                during the period described in subparagraph 
                (A).
    (b) Applications for Transfer and Appointment.--An eligible 
employee shall have the right to apply for employment by the 
Secretary under procedures for transfer and appointment of 
Federal employees outside the Department of Agriculture.
    (c) Hiring by the Secretary.--
            (1) In general.--Subject to subsection (b), in 
        filling personnel positions within the Recreation Area, 
        the Secretary shall follow all laws (including 
        regulations) and policies applicable to the Department 
        of Agriculture.
            (2) Notification and hiring.--Notwithstanding 
        paragraph (1), the Secretary--
                    (A) shall notify all eligible employees of 
                all openings for positions with the Forest 
                Service at the Recreation Area before notifying 
                other individuals or considering applications 
                by other individuals for the positions; and
                    (B) after applications by eligible 
                employees have received consideration, if any 
                positions remain unfilled, shall notify other 
                individuals of the openings.
            (3) Noncompetitive appointments.--Notwithstanding 
        any other placement of career transition programs 
        authorized by the Office of Personnel Management of the 
        United States Department of Agriculture, the Secretary 
        may noncompetitively appoint eligible employees to 
        positions in the Recreation Area.
            (4) Period of service.--Except to the extent that 
        an eligible employee that is appointed by the Secretary 
        may be otherwise compensated for the period of service 
        as an employee of the Tennessee Valley Authority, that 
        period of service shall be treated as a period of 
        service as an employee of the Secretary for the 
        purposes of probation, career tenure, time-in-grade, 
        and leave.
    (d) Transfer to Positions in Other Units of the Tennessee 
Valley Authority.--The Tennessee Valley Authority--
            (1) shall notify all eligible employees of all 
        openings for positions in other units of the Tennessee 
        Valley Authority before notifying other individuals or 
        considering applications by other individuals for the 
        positions; and
            (2) after applications by eligible employees have 
        received consideration, if any positions remain 
        unfilled, shall notify other individuals of the 
        openings.
    (e) Employee Benefit Transition.--
            (1) Memorandum of understanding.--
                    (A) In general.--The Secretary and the 
                heads of the Office of Personnel Management, 
                the Tennessee Valley Authority and the 
                Tennessee Valley Authority Retirement System 
                shall enter into a memorandum of understanding 
                providing for the transition for all eligible 
                employees of compensation made available 
                through the Tennessee Valley Authority 
                Retirement System.
                    (B) Employee participation.--In deciding on 
                the terms of the memorandum of understanding, 
                the Secretary and the heads of the Office of 
                Personnel Management, the Tennessee Valley 
                Authority and the Tennessee Valley Authority 
                Retirement System shall meet and consult with 
                and give full consideration to the views of 
                employees and representatives of the employees 
                of the Tennessee Valley Authority.
            (2) Eligible employees that are transferred to 
        other units of tva.--An eligible employee that is 
        transferred to another unit of the Tennessee Valley 
        Authority shall experience no interruption in coverage 
        for or reduction of any retirement, health, leave, or 
        other employee benefit.
            (3) Eligible employees that are hired by the 
        secretary.--
                    (A) Level of benefits.--The Secretary shall 
                provide to an eligible employee that is hired 
                by the Forest Service a level of retirement and 
                health benefits that is equivalent to the level 
                to which the eligible employee would have been 
                entitled if the eligible employee had remained 
                an employee of the Tennessee Valley Authority.
                    (B) Transfer of retirement benefits.--
                            (i) In general.--Eligible employees 
                        hired by the Forest Service shall 
                        become members of the Civil Service 
                        Retirement System (CSRS) Offset Plan 
                        and shall have the option to transfer 
                        into the Federal Employees Retirement 
                        System (FERS) within six months of 
                        their date of transfer. Such employees 
                        shall have the option at any time to 
                        receive credit in CSRS Offset or FERS 
                        for all of their TVA service in 
                        accordance with applicable procedures. 
                        Any deposits necessary to receive 
                        credit for such service shall be 
                        considered transfers to a qualified 
                        plan for purposes of favorable tax 
                        treatment of such amount under the 
                        Internal Revenue Code.
                            (ii) Funding shortfall.--
                                    (I) In general.--For all 
                                eligible employees that are not 
                                part of the Civil Service 
                                Retirement System, the 
                                Tennessee Valley Authority 
                                shall meet any funding 
                                shortfall resulting from the 
                                transfer of retirement 
                                benefits.
                                    (II) Notification.--The 
                                Secretary shall notify the 
                                Tennessee Valley Authority 
                                Board of the cost associated 
                                with the transfer of retirement 
                                benefits.
                                    (III) Payment.--The 
                                Tennessee Valley Authority 
                                shall fully compensate the 
                                Secretary for the costs 
                                associated with the transfer of 
                                retirement benefits.
                                    (IV) No interruption.--An 
                                eligible employee that is hired 
                                by the Forest Service and is 
                                eligible for Civil Service 
                                Retirement shall not experience 
                                any interruption in retirement 
                                benefits.
                    (C) No interruption.--An eligible employee 
                that is hired by the Secretary--
                            (i) shall experience no 
                        interruption in coverage for any 
                        health, leave, or other employee 
                        benefit; and
                            (ii) shall be entitled to carry 
                        over any leave time accumulated during 
                        employment by the Tennessee Valley 
                        Authority.
                    (D) Period of service.--Notwithstanding 
                section 8411(b)(3) of title 5, United States 
                Code, except to the extent that an eligible 
                employee may be otherwise compensated 
                (including the provision of retirement benefits 
                in accordance with the memorandum of 
                understanding) for the period of service as an 
                employee of the Tennessee Valley Authority, 
                that period of service shall be treated as a 
                period of service as an employee of the U.S. 
                Department of Agriculture for all purposes 
                relating to the Federal employment of the 
                eligible employee.
            (4) Eligible employees that are discharged not for 
        cause.--
                    (A) Level of benefits.--The parties to the 
                memorandum of understanding shall have 
                authority to deem any applicable requirement 
tobe met, to make payments to an employee, or take any other action 
necessary to provide to an eligible employee that is discharged as 
being excess to the needs of the Tennessee Valley Authority or the 
Secretary and not for cause and that does not accept an offer of 
employment from the Secretary, an optimum level of retirement and 
health benefits that is equivalent to the level that has been afforded 
employees discharged in previous reductions in force by the Tennessee 
Valley Authority.
                    (B) Minimum benefits.--An eligible employee 
                that is discharged as being excess to the needs 
                of the Tennessee Valley Authority or the 
                Secretary and not for cause shall, at a minimum 
                be entitled to--
                            (i) at the option of the eligible 
                        employee--
                                    (I) a lump-sum equal to 
                                $1,000, multiplied by the 
                                number of years of service of 
                                the eligible employee (but not 
                                less that $15,000 nor more than 
                                $25,000);
                                    (II) a lump-sum payment 
                                equal to the amount of pay 
                                earned by the eligible employee 
                                for the last 26 weeks of the 
                                eligible employee's service; or
                                    (III) the deemed addition 
                                of 5 years to the age and the 
                                years of service of an eligible 
                                employee;
                            (ii) 15 months of health benefits 
                        for employees and dependents at the 
                        same level provided as of the date of 
                        transfer pursuant to section 541;
                            (iii) 1 week of pay per year of 
                        service as provided by the Tennessee 
                        Valley Authority Retirement System;
                            (iv) a lump-sum payment of all 
                        accumulated annual leave;
                            (v) unemployment compensation in 
                        accordance with State law;
                            (vi) eligible pension benefits as 
                        provided by the Tennessee Valley 
                        Authority Retirement System; and
                            (vii) retraining assistance 
                        provided by the Tennessee Valley 
                        Authority.
                    (C) Shortfall.--If the board of directors 
                of the Tennessee Valley Authority Retirement 
                System determines that the cost of providing 
                the benefits described in subparagraphs (A) and 
                (B) would have a negative impact on the overall 
                retirement system, the Tennessee Valley 
                Authority shall be required to meet any funding 
                shortfalls.

SEC. 548. TENNESSEE VALLEY AUTHORITY TRANSFER COSTS.

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

SEC. 549. TENNESSEE VALLEY AUTHORITY TRANSFER FUNDING.

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

                          Subtitle D--Funding

SEC. 551. AUTHORIZATION OF APPROPRIATIONS.

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

               TITLE VI--INTERSTATE 90 LAND EXCHANGE ACT

SEC. 601. SHORT TITLE.

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

SEC. 602. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) certain parcels of private land located in 
        central and southwest Washington are intermingled with 
        National Forest System land owned by the United States 
        and administered by the Secretary of Agriculture as 
        parts of the Mt. Baker-Snoqualmie National Forest, 
        Wenatchee National Forest, and Gifford Pinchot National 
        Forest;
            (2) the private land surface estate and some 
        subsurface is owned by the Plum Creek Timber Company, 
        L.P. in an intermingled checkerboard pattern, with the 
        United States or Plum Creek owning alternate square 
        mile sections of land or fractions of square mile 
        sections;
            (3) the checkerboard land ownership pattern in the 
        area has frustrated sound and efficient land management 
        on both private and National Forest lands by 
        complicating fish and wildlife habitat management, 
        watershed protection, recreation use, road construction 
        and timber harvest, boundary administration, and 
        protection and management of threatened and endangered 
        species and old growth forest habitat;
            (4) acquisition by the United States of certain 
        parcels of land that have been offered by Plum Creek 
        for addition to the Mt. Baker-Snoqualmie National 
        Forest and Wenatchee National Forest will serve 
        important public objectives, including--
                    (A) enhancement of public access, 
                aesthetics and recreation opportunities within 
                or near areas of very heavy public recreational 
                use including--
                            (i) the Alpine Lakes Wilderness 
                        Area;
                            (ii) the Pacific Crest Trail;
                            (iii) Snoqualmie Pass;
                            (iv) Cle Elum Lake, Kachess Lake 
                        and Keechulus Lake; and
                            (v) other popular recreation areas 
                        along the Interstate 90 corridor east 
                        of the Seattle-Tacoma Metropolitan 
                        Area;
                    (B) protection and enhancement of old 
                growth forests and habitat for threatened, 
                endangered and sensitive species, including a 
                net gain of approximately 28,500 acres of 
                habitat for the northern spotted owl;
                    (C) consolidation of National Forest 
                holdings for more efficient administration and 
                to meet a broad array of ecosystem protection 
                and other public land management goals, 
                including net public gains of approximately 283 
                miles of stream ownership, 14 miles of the 
                route of the Pacific Crest Trail, 20,000 acres 
                of unroaded land, and 7,360 acres of riparian 
                land; and
                    (D) a significant reduction in 
                administrative costs to the United States 
                through--
                            (i) consolidation of Federal land 
                        holdings for more efficient land 
                        management and planning;
                            (ii) elimination of approximately 
                        300 miles of boundary identification 
                        and posting;
                            (iii) reduced right-of-way, special 
                        use, and other permit processing and 
                        issuance for roads and other facilities 
                        on National Forest System land; and
                            (iv) other administrative cost 
                        savings;
            (5) Plum Creek has selected certain parcels of 
        National Forest System land that are logical 
forconsolidation into Plum Creek ownership utilizing a land exchange 
because the parcels--
                    (A) are intermingled with parcels owned by 
                Plum Creek; and
                    (B)(i) are generally located in less 
                environmentally sensitive areas than the Plum 
                Creek offered land; and
                    (ii) have lower public recreation and other 
                public values than the Plum Creek offered land;
            (6) time is of the essence in consummating a land 
        exchange because delays may force Plum Creek to road or 
        log the offered land and thereby diminish the public 
        values for which the offered land is to be acquired; 
        and
            (7) it is in the public interest to complete the 
        land exchange at the earliest practicable date so that 
        the offered land can be acquired and preserved by the 
        United States for permanent public management, use, and 
        enjoyment.
    (b) Purpose.--It is the purpose of this Act to further the 
public interest by authorizing, directing, facilitating, and 
expediting the consummation of the Interstate 90 land exchange 
so as to ensure that the offered land is expeditiously acquired 
for permanent public use and enjoyment.

SEC. 603. DEFINITIONS.

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

SEC. 604. LAND EXCHANGE.

    (a) Condition and Conveyance of Offered Land.--The exchange 
directed by this Act shall be consummated if Plum Creek conveys 
title acceptable to the Secretary in and to the lands described 
in subsection (d), the offered lands described in paragraphs 
(1) and (2), or, if necessary, the lands and interests in land 
as provided in subsection (c).
            (1) Certain land comprising approximately 8,808 
        acres and located within the exterior boundaries of the 
        Mt. Baker-Snoqualmie National Forest, Washington, as 
        generally depicted on a map entitled ``Interstate 90 
        Land Exchange'', dated October 1998; and
            (2) Certain land comprising approximately 53,576 
        acres and located within or adjacent to the exterior 
        boundaries of the Wenatchee National Forest, 
        Washington, as generally depicted on a map entitled 
        ``Interstate 90 Land Exchange'', dated October 1998.
    (b) Conveyance of Selected Land by the United States.--Upon 
receipt of acceptable title to the offered land, and lands and 
interests described in subsection (d), the Secretary shall 
simultaneously convey to Plum Creek all right, title and 
interest of the United States, subject to valid existing 
rights, in and to the following selected land:
            (1) Certain land administered, as of the date of 
        enactment of this Act, by the Secretary of Agriculture 
        as part of the Mt. Baker-Snoqualmie National Forest, 
        Washington, and comprising approximately5,697 acres, as 
generally depicted on a map entitled ``Interstate 90 Land Exchange'', 
dated October 1998.
            (2) Certain land administered, as of the date of 
        enactment of this Act, by the Secretary of Agriculture 
        as part of the Wenatchee National Forest, Washington, 
        and comprising approximately 5,197 acres, as generally 
        depicted on a map entitled ``Interstate 90 Land 
        Exchange'', dated October 1998.
            (3) Certain land administered, as of the date of 
        enactment of this Act, by the Secretary of Agriculture 
        as part of the Gifford Pinchot National Forest, 
        Washington, and comprising approximately 5,601 acres, 
        as generally depicted on a map entitled ``Interstate 90 
        Land Exchange'', dated October 1998.
    (c) Offered Land Title.--If Plum Creek conveys title 
acceptable to the Secretary to less than all rights and 
interests in the offered lands, but conveys title acceptable to 
the Secretary to all rights and interests that Plum Creek owns 
and acquires under previous agreements in the lands described 
in subsection (d), the offered lands, and lands on the east and 
west sides of Cle Elum Lake, comprising approximately 252 
acres, described as Township 21 North, Range 14 East, Section 
5, and Lost Lake lands comprising approximately 272 acres, 
described as Township 21 North, Range 11 East, W\1/2\ of 
Section 3, the Secretary shall convey to Plum Creek all rights 
and interest in the selected land after the values of the 
offered and selected land are equalized. The values of the 
offered and selected lands shall be equalized as provided in 
section 605(c)-(e) without regard to the value of lands 
described in subsection (d) or the Cle Elum or Lost Lake lands.
    (d) Land Donation.--Plum Creek agrees that it will convey, 
in the form of a voluntary donation, title acceptable to the 
Secretary in and to lands and interests in lands comprising 
approximately 320 acres, described as Township 22 North, Range 
11 East, S\1/2\ of Section 13, if Plum Creek conveys title to 
lands and interests pursuant to subsections (a) or (c). It is 
the intention of Congress that any portion of such donated land 
which the Secretary determines qualifies as wilderness be, upon 
the date of its acquisition by the United States, incorporated 
in and managed as part of the adjacent Alpine Lakes Wilderness 
(as designated by Public Law 94-357) in accordance with section 
6(a) of the Wilderness Act (16 U.S.C. 1135).

SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.

    (a) Equal Value Exchange.--
            (1) In general.--The values of the offered and 
        selected land--
                    (A) shall be equal; or
                    (B) if the values are not equal, shall be 
                equalized as set forth in subsections (c)-(e).
            (2) Appraisal assumption.--In order to ensure the 
        equitable and uniform appraisal of both the offered and 
        selected land directed for exchange by this Act, all 
        appraisals shall determine the highest and best use of 
        the offered and selected land inaccordance with 
applicable provisions of the Washington State Forest Practices Act and 
rules and regulations thereunder, including alternative measures for 
protecting critical habitat pursuant to a habitat conservation plan as 
provided in Washington Administrative Code 222-16-080-(6).
            (3) Appraisals.--The values of the offered land and 
        selected land shall be determined by appraisals 
        utilizing nationally recognized appraisal standards, 
        including applicable provisions of the Uniform 
        Appraisal Standards for Federal Land Acquisitions 
        (1992), the Uniform Standards of Professional Appraisal 
        Practice, and section 206(d) of the Federal Land Policy 
        and Management Act of 1976, as amended (43 U.S.C. 
        1716(d)).
            (4) Approval by the secretary.--The appraisals, if 
        not already completed by the date of enactment of this 
        Act, shall be completed and submitted to the Secretary 
        for approval not later than 180 days after the date of 
        enactment of this Act: Provided, That all timber 
        harvest cease no later than November 30, 1998, except 
        for any cleanup, reforestation, or other post-harvest 
        work which cannot be completed by November 30, 1998. A 
        comprehensive summary of the appraisal consistent with 
        7 CFR Part 1.11 shall be made available for public 
        inspection in the Office of the Supervisor, Wenatchee 
        National Forest, not less than 30 days nor more than 45 
        days prior to the exchange of deeds.
    (b) Appraisal Period.--After the final appraised values of 
the offered and selected lands, or any portion of the land, 
have been approved by the Secretary or otherwise determined 
under section 206(d) of the Federal Land Policy and Management 
Act (43 U.S.C. 1716(d)), the value shall not be reappraised or 
updated before consummation of the land exchange, except to 
account for any timber harvest that might occur after 
completion of the final appraisal, or for any adjustments under 
section 606(g).
    (c) Equalization if Surplus of Offered Land.--
            (1) In general.--If the final appraised value of 
        the offered land or lands and interest in lands 
        conveyed by Plum Creek under section 604(c), except for 
        the Cle Elum and Lost Lake lands, exceeds the final 
        appraised value of the selected land, Plum Creek shall 
        delete offered land parcels from the exchange in the 
        exact order each land Section (or offered portion 
        thereof) is listed in paragraph (2) until the values 
        are approximately equal.
            (2) Order of deletion.--Offered land deletions 
        under paragraph (1) shall be made in the following 
        order:
                    (A) Township 22 North, Range 13 East, 
                Section 31, Willamette Meridian;
                    (B) Township 21 North, Range 11 East, 
                Section 35;
                    (C) Township 19 North, Range 11 East, 
                Section 35;
                    (D) Township 19 North, Range 12 East, 
                Section 1;
                    (E) Township 20 North, Range 11 East, 
                Sections 1 and 13;
                    (F) Township 19 North, Range 12 East, 
                Section 15;
                    (G) Township 20 North, Range 11 East, 
                Section 11;
                    (H) Township 21 North, Range 11 East, 
                Section 27;
                    (I) Township 19 North, Range 13 East, 
                Sections 27 and 15;
                    (J) Township 21 North, Range 11 East, 
                Sections 21 and 25;
                    (K) Township 19 North, Range 11 East, 
                Section 23;
                    (L) Township 19 North, Range 13 East, 
                Sections 21, 9 and 35;
                    (M) Township 20 North, Range 12 East, 
                Sections 35 and 27;
                    (N) Township 19 North, Range 12 East, 
                Section 11;
                    (O) Township 21 North, Range 11 East, 
                Section 17;
                    (P) Township 21 North, Range 11 East, 
                Section 5;
                    (Q) Township 18 North, Range 15 East, 
                Section 3;
                    (R) Township 19 North, Range 14 East, 
                Section 25;
                    (S) Township 19 North, Range 15 East, 
                Sections 29 and 31; and
                    (T) Township 19 North, Range 13 East, 
                Section 7.
    (d) Equalization if Surplus of Selected Land.--
            (1) In general.--If the final appraised value of 
        the selected land exceeds the final appraised value of 
        the offered land or lands and interest in lands 
        conveyed by Plum Creek under section 604(c), except for 
        the Cle Elum and Lost Lake lands, the Secretary shall 
        delete selected land parcels from the exchange in the 
        exact order each land Section (or selected portion 
        thereof) is listed in paragraph (2) until the values 
        are approximately equal.
            (2) Order of deletion.--Selected land deletions 
        under paragraph 1 shall be made in the following listed 
        order:
                    (A) the portion of Township 20 North, Range 
                11 East, Section 30 lying east of the thread of 
                Sawmill Creek;
                    (B) the portion of Township 19 North, Range 
                11 East, Section 6 lying east of the thread of 
                Sawmill Creek;
                    (C) Township 20 North, Range 11 East, 
                Section 32;
                    (D) Township 21 North, Range 14 East, 
                Sections 28, 22, 36, 26 and 16;
                    (E) Township 18 North, Range 15 East, 
                Sections 13, 12 and 2;
                    (F) Township 18 North, Range 15 East, 
                Section 1; and
                    (G) Township 18 North, Range 15 East, 
                Section 17, Willamette Meridian.
    (e) Once the values of the offered and selected lands are 
equalized to the maximum extent practicable under subsections 
(c) or (d), any cash equalization balance due the Secretary or 
Plum Creek shall be made through cash equalization payments 
under subsection 206(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(b)).
    (f) Use of Proceeds by the Secretary.--The amount of any 
cash equalization payment received by the Secretary under this 
section shall be retained by the Secretary and shall be used by 
the Secretary until fully expended to purchase land from 
willing sellers in the State of Washington for addition to the 
National Forest System.

SEC. 606. MISCELLANEOUS PROVISIONS.

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

SEC. 607. LAND PURCHASE.

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

SEC. 608. TIETON RIVER STUDY.

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

SEC. 609. FUTURE LAND EXCHANGE OPPORTUNITY.

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

SEC. 610. WILDERNESS STUDY AREA.

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

SEC. 611. KELLY BUTTE SPECIAL MANAGEMENT AREA.

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

SEC. 612. EFFECT ON COUNTY REVENUES.

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

        TITLE VII--INDIAN TRIBAL TORT CLAIMS AND RISK MANAGEMENT

SEC. 701. SHORT TITLE.

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

SEC. 702. FINDINGS AND PURPOSE.

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

SEC. 703. DEFINITIONS.

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

SEC. 704. STUDY AND REPORT TO CONGRESS.

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

SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

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

 AN ACT Making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services


                         (including rescission)


    For necessary expenses of the Job Training Partnership Act, 
as amended, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings 
and other facilities, and the purchase of real property for 
training centers as authorized by the Job Training Partnership 
Act; the Stewart B. McKinney Homeless Assistance Act; the Women 
in Apprenticeship and Nontraditional Occupations Act; the 
National Skill Standards Act of 1994; section 166(j) of the 
Workforce Investment Act of 1998; and the School-to-Work 
Opportunities Act; $5,272,324,000 plus reimbursements, of which 
$3,740,287,000 is available for obligation for the period July 
1, 1999 through June 30, 2000; of which $1,250,965,000 is 
available for obligation for the period April 1, 1999 through 
June 30, 2000, including $250,000,000 for activities authorized 
by section 127(b)(1) of the Workforce Investment Act; of which 
$152,072,000 is available for the period July 1, 1999 through 
June 30, 2002, including $1,500,000 under authority of part B 
of title III of the Job Training Partnership Act for use by The 
Organizing Committee for The 2001 Special Olympics World Winter 
Games in Alaska to promote employment opportunities for 
individuals with mental disabilities, and $150,572,000 for 
necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers; and of which $125,000,000 
shall be available from July 1, 1999 through September 30, 
2000, for carrying out activities of the School-to-Work 
Opportunities Act: Provided, That funds made available under 
this heading to carry out the Job Training Partnership Act may 
be used for transition to, and implementation of, the 
provisions of the Workforce Investment Act of 1998: Provided 
further, That $57,815,000 shall be for carrying out section 401 
of the Job Training Partnership Act, $71,517,000 shall be for 
carrying out section 402 of such Act, $7,300,000 shall be for 
carrying out section 441 of such Act, $9,000,000 shall be for 
all activities conducted by and through the National 
Occupational Information Coordinating Committee under such Act, 
$955,000,000 shall be for carrying out title II, part A of such 
Act, and $129,965,000 shall be for carrying out title II, part 
C of such Act: Provided further, That funding appropriated 
herein under authority of part B of title III of the Job 
Training Partnership Act includes $5,000,000 for use by The 
Organizing Committee for The 1999 Special Olympics World Summer 
Games to promote employment opportunities for individuals with 
mental disabilities: Provided further,That the National 
Occupational Information Coordinating Committee is authorized, 
effective upon enactment, to charge fees for publications, training and 
technical assistance developed by the National Occupational Information 
Coordinating Committee: Provided further, That revenues received from 
publications and delivery of technical assistance and training, 
notwithstanding 31 U.S.C. 3302, shall be credited to the National 
Occupational Information Coordinating Committee program account and 
shall be available to the National Occupational Information 
Coordinating Committee without further appropriations, so long as such 
revenues are used for authorized activities of the National 
Occupational Information Coordinating Committee: Provided further, That 
no funds from any other appropriation shall be used to provide meal 
services at or for Job Corps centers: Provided further, That funds 
provided for title III of the Job Training Partnership Act shall not be 
subject to the limitation contained in subsection (b) of section 315 of 
such Act; that the waiver described in section 315(a)(2) may be granted 
if a substate grantee demonstrates to the Governor that such waiver is 
appropriate due to the availability of low-cost retraining services, is 
necessary to facilitate the provision of needs-related payments to 
accompany long-term training, or is necessary to facilitate the 
provision of appropriate basic readjustment services; and that funds 
provided for discretionary grants under part B of such title III may be 
used to provide needs-related payments to participants who, in lieu of 
meeting the enrollment requirements under section 314(e) of such Act, 
are enrolled in training by the end of the sixth week after grant funds 
have been awarded: Provided further, That funds provided to carry out 
section 324 of such Act may be used for demonstration projects that 
provide assistance to new entrants in the workforce and incumbent 
workers: Provided further, That service-delivery areas may transfer 
funding provided herein under authority of title II, parts B and C of 
the Job Training Partnership Act between the programs authorized by 
those titles of the Act, if the transfer is approved by the Governor: 
Provided further, That service delivery areas and substate areas may 
transfer up to 20 percent of the funding provided herein under 
authority of title II, part A and title III of the Job Training 
Partnership Act between the programs authorized by those titles of the 
Act, if such transfer is approved by the Governor: Provided further, 
That, notwithstanding any other provision of law, any proceeds from the 
sale of Job Corps center facilities shall be retained by the Secretary 
of Labor to carry out the Job Corps program: Provided further, That 
notwithstanding any other provision of law, the Secretary of Labor may 
waive any of the statutory or regulatory requirements of titles I-III 
of the Job Training Partnership Act (except for requirements relating 
to wage and labor standards, worker rights, participation and 
protection, grievance procedures and judicial review, 
nondiscrimination, allocation of funds to local areas, eligibility, 
review and approval of plans, the establishment and functions of 
service delivery areas and private industry councils, and the basic 
purposes of the Act), and any of the statutory or regulatory 
requirements of sections 8-10 of the Wagner-Peyser Act (except for 
requirements relating to the provision of services to unemployment 
insurance claimants and veterans, and to universal access to basic 
labor exchange services without cost to job seekers), only for funds 
available for expenditure in program year 1999, pursuant to a request 
submitted by a State which identifies the statutory or regulatory 
requirements that are requested to be waived and the goals which the 
State or local service delivery areas intend to achieve, describes the 
actions that the State or local service delivery areas have undertaken 
to remove State or local statutory or regulatory barriers, describes 
the goals of the waiver and the expected programmatic outcomes if the 
request is granted, describes the individuals impacted by the waiver, 
and describes the process used to monitor the progress in implementing 
awaiver, and for which notice and an opportunity to comment on such 
request has been provided to the organizations identified in section 
105(a)(1) of the Job Training Partnership Act, if and only to the 
extent that the Secretary determines that such requirements impede the 
ability of the State to implement a plan to improve the workforce 
development system and the State has executed a Memorandum of 
Understanding with the Secretary requiring such State to meet agreed 
upon outcomes and implement other appropriate measures to ensure 
accountability.
    Of the funds made available beginning on October 1, 1998 
under this heading in Public Law 105-78 for Opportunity Areas 
of Out-of-School Youth, $250,000,000 are rescinded.


            community service employment for older americans


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


              federal unemployment benefits and allowances


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


     state unemployment insurance and employment service operations


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


        advances to the unemployment trust fund and other funds


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


                         program administration


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

              Pension and Welfare Benefits Administration


                         salaries and expenses


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

                  Pension Benefit Guaranty Corporation


               pension benefit guaranty corporation fund


    The Pension Benefit Guaranty Corporation is authorized to 
make such expenditures, including financial assistance 
authorized by section 104 of Public Law 96-364, within limits 
of funds and borrowing authority available to such Corporation, 
and in accord with law, and to make such contracts and 
commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control 
Act, as amended (31 U.S.C. 9104), as may be necessary in 
carrying out the program through September 30, 1999, for such 
Corporation: Provided, That not to exceed $10,958,000 shall be 
available for administrative expenses of the Corporation: 
Provided further, That expenses of such Corporation in 
connection with the termination of pension plans, for the 
acquisition, protection or management, and investment of trust 
assets, and for benefits administration services shall be 
considered as non-administrative expenses for the purposes 
hereof, and excluded from the above limitation.

                  Employment Standards Administration


                         salaries and expenses


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


                            special benefits


                     (including transfer of funds)


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


                    black lung disability trust fund


                     (including transfer of funds)


    For payments from the Black Lung Disability Trust Fund, 
$1,021,000,000, of which $969,725,000 shall be available until 
September 30, 2000, for payment of all benefits as authorized 
by section 9501(d) (1), (2), (4), and (7) of the Internal 
Revenue Code of 1954, as amended, and interest on advances as 
authorized by section9501(c)(2) of that Act, and of which 
$30,191,000 shall be available for transfer to Employment Standards 
Administration, Salaries and Expenses, $20,422,000 for transfer to 
Departmental Management, Salaries and Expenses, $306,000 for transfer 
to Departmental Management, Office of Inspector General, and $356,000 
for payment into miscellaneous receipts for the expenses of the 
Department of Treasury, for expenses of operation and administration of 
the Black Lung Benefits program as authorized by section 9501(d)(5)(A) 
of that Act: Provided, That, in addition, such amounts as may be 
necessary may be charged to the subsequent year appropriation for the 
payment of compensation, interest, or other benefits for any period 
subsequent to August 15 of the current year.

             Occupational Safety and Health Administration


                         salaries and expenses


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

                 Mine Safety and Health Administration


                         salaries and expenses


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

                       Bureau of Labor Statistics


                         salaries and expenses


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

                        Departmental Management


                         salaries and expenses


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


        assistant secretary for veterans employment and training


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


                      office of inspector general


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

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for 
the Job Corps shall be used to pay the compensation of an 
individual, either as direct costs or any proration as an 
indirect cost, at a rate in excess of Executive Level III.


      reversion of unallotted formula funds under welfare-to-work


    Sec. 102. Section 403(a)(5)(A) of the Social Security Act 
is amended by adding the following clause:
                            ``(ix) Reversion of unallotted 
                        formula funds.--If at the end of any 
                        fiscal year any funds available under 
                        this subparagraph have not been 
                        allotted due to a determination by the 
                        Secretary that any State has not met 
                        the requirements of clause (ii), such 
                        funds shall be transferred to the 
                        General Fund of the Treasury of the 
                        United States.''.


                          (transfer of funds)


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

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services


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


               medical facilities guarantee and loan fund


           federal interest subsidies for medical facilities


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


               health education assistance loans program


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


             vaccine injury compensation program trust fund


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

                      vaccine injury compensation

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

               Centers for Disease Control and Prevention


                disease control, research, and training


    To carry out titles II, III, VII, XI, XV, XVII, XIX and 
XXVI of the Public Health Service Act, sections 101, 102, 103, 
201, 202, 203, 301, and 501 of the Federal Mine Safety and 
Health Act of 1977, sections 20, 21 and 22 of the Occupational 
Safety and Health Act of 1970, title IV of the Immigration and 
Nationality Act and section 501 of the Refugee Education 
Assistance Act of 1980; including insurance of official motor 
vehicles in foreign countries; and hire, maintenance, and 
operation of aircraft, $2,558,520,000, of which $17,800,000 
shall remain available until expended for equipment and 
construction and renovation of facilities, and in addition, 
such sums as may be derived from authorized user fees, which 
shall be credited to this account: Provided, That in addition 
to amounts provided herein, up to $67,793,000 shall be 
available from amounts available under section 241 of the 
Public Health Service Act, to carry out the National Center for 
Health Statistics surveys: Provided further, That none of the 
funds made available for injury prevention and control at the 
Centers for Disease Control and Prevention may be used to 
advocate or promote gun control: Provided further, That the 
Director may redirect the total amount made available under 
authority of Public Law 101-502, section 3, dated November 3, 
1990, to activities the Director may so designate: Provided 
further, That the Congress is to be notified promptly of any 
such transfer: Provided further, That notwithstanding any other 
provison of law, a single contract or related contracts for the 
development and construction of the infectious disease 
laboratory through the General Services Administration may be 
employed which collectively include the full scope of the 
project: Provided further, That the solicitation and contract 
shall contain the clause ``availability of funds'' found at 48 
CFR 52.232-18: Provided further, That hereinafter obligations 
may be incurred related to agreement with private entities 
without receipt of advance payment.
    In addition, $51,000,000, to be derived from the Violent 
Crime Reduction Trust Fund, for carrying out sections 40151 and 
40261 of Public Law 103-322.

                     National Institutes of Health


                       national cancer institute


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


               national heart, lung, and blood institute


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


         national institute of dental and craniofacial research


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


    national institute of diabetes and digestive and kidney diseases


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


        national institute of neurological disorders and stroke


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


         national institute of allergy and infectious diseases


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


             national institute of general medical sciences


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


        national institute of child health and human development


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


                         national eye institute


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


          national institute of environmental health sciences


    For carrying out sections 301 and 311 and title IV of the 
Public Health Service Act with respect to environmental health 
sciences, $375,743,000.


                      national institute on aging


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to aging, $596,521,000.


 national institute of arthritis and musculoskeletal and skin diseases


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to arthritis and 
musculoskeletal and skin diseases, $308,164,000.


    national institute on deafness and other communication disorders


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to deafness and other 
communication disorders, $229,887,000.


                 national institute of nursing research


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to nursing research, 
$69,834,000.


           national institute on alcohol abuse and alcoholism


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to alcohol abuse and 
alcoholism, $259,747,000.


                    national institute on drug abuse


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to drug abuse, $603,274,000.


                  national institute of mental health


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to mental health, $861,208,000.


                national human genome research institute


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to human genome research, 
$264,892,000.


                 national center for research resources


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to research resources and 
general research support grants, $554,819,000: Provided, That 
none of these funds shall be used to pay recipients of the 
general research support grants program any amount for indirect 
expenses in connection with such grants: Provided further, That 
$30,000,000 shall be for extramural facilities construction 
grants.


                  john e. fogarty international center


    For carrying out the activities at the John E. Fogarty 
International Center, $35,426,000.


                      national library of medicine


    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to health information 
communications, $181,309,000, of which $4,000,000 shall be 
available until expended for improvement of information 
systems: Provided, That in fiscal year 1999, the Library may 
enter into personal services contracts for the provision of 
services in facilities owned, operated, or constructed under 
the jurisdiction of the National Institutes of Health.


                         office of the director


                     (including transfer of funds)


    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $306,559,000, of which 
$43,493,000 shall be for the Office of AIDS Research: Provided, 
That funding shall be available for the purchase of not to 
exceed twenty-nine passenger motor vehicles for replacement 
only: Provided further, That the Director may direct up to 1 
percent of the total amount made available in this or any other 
Act to all National Institutes of Health appropriations to 
activities the Director may so designate: Provided further, 
That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly 
notified of the transfer: Provided further, That NIH is 
authorized to collect third party payments for the cost of 
clinical services that are incurred in National Institutes of 
Health research facilities and that such payments shall be 
credited to the National Institutes of Health Management Fund: 
Provided further, That all funds credited to the NIH Management 
Fund shall remain available for one fiscal year after the 
fiscal year in which they are deposited: Provided further, That 
up to $500,000 shall be available to carry out section 499 of 
the Public Health Service Act: Provided further, That, 
notwithstanding section 499(k)(10) of the Public Health Service 
Act, funds from the National Foundation for Biomedical Research 
may be transferred to the National Institutes of Health: 
Provided further, That $50,000,000 shall be available to carry 
out section 404E of the Public Health Service Act.


                        buildings and facilities


    For the study of, construction of, and acquisition of 
equipment for, facilities of or used by the National Institutes 
of Health, including the acquisition of real property, 
$237,519,000, to remain available until expended, of which 
$90,000,000 of the fiscal year 1999 funds shall be for the 
clinical research center and $40,000,000 shall become available 
on October 1, 1999 and $9,143,000 shall be for the Vaccine 
Facility: Provided, That notwithstanding any other provision of 
law, a single contract or related contracts for the development 
and construction of the clinical research center may be 
employed which collectively include the full scope of the 
project: Provided further, That the solicitation and contract 
shall contain the clause ``availability of funds'' found at 48 
CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services


    For carrying out titles V and XIX of the Public Health 
Service Act with respect to substance abuse and mental health 
services, the Protection and Advocacy for Mentally Ill 
Individuals Act of 1986, and section 301 of the Public Health 
Service Act with respect to program management, $2,488,005,000: 
Provided, That of the amount provided, $300,000 shall be for 
the Philadelphia City-wide Improvement and Planning Agency.


     retirement pay and medical benefits for commissioned officers


    For retirement pay and medical benefits of Public Health 
Service Commissioned Officers as authorized by law, for 
payments under the Retired Serviceman's Family Protection Plan 
and Survivor Benefit Plan, for medical care of dependents and 
retired personnel under the Dependents' Medical Care Act (10 
U.S.C. ch. 55), and for payments pursuant to section 229(b) of 
the Social Security Act (42 U.S.C. 429(b)), such amounts as may 
be required during the current fiscal year.

               Agency for Health Care Policy and Research


                    health care policy and research


    For carrying out titles III and IX of the Public Health 
Service Act, and part A of title XI of the Social Security Act, 
$100,408,000; in addition, amounts received from Freedom of 
Information Act fees, reimbursable and interagency agreements, 
and the sale of data tapes shall be credited to this 
appropriation and shall remain available until expended: 
Provided, That the amount made available pursuant to section 
926(b) of the Public Health Service Act shall not exceed 
$70,647,000.

                  Health Care Financing Administration


                     grants to states for medicaid


    For carrying out, except as otherwise provided, titles XI 
and XIX of the Social Security Act, $74,593,733,000, to remain 
available until expended.
    For making, after May 31, 1999, payments to States under 
title XIX of the Social Security Act for the last quarter of 
fiscal year 1999 for unanticipated costs, incurred for the 
current fiscal year, such sums as may be necessary.
    For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 2000, 
$28,733,605,000, to remain available until expended.
    Payment under title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved 
in that or any subsequent quarter.


                  payments to health care trust funds


    For payment to the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds, as 
provided under sections 217(g) and 1844 of the Social Security 
Act, sections 103(c) and 111(d) of the Social Security 
Amendments of 1965, section 278(d) of Public Law 97-248, and 
for administrative expenses incurred pursuant to section 201(g) 
of the Social Security Act, $62,953,000,000.


                           program management


    For carrying out, except as otherwise provided, titles XI, 
XVIII, XIX and XXI of the Social Security Act, titles XIII and 
XXVII of the Public Health Service Act, and the Clinical 
Laboratory Improvement Amendments of 1988, not to exceed 
$1,946,500,000 to be transferred from the Federal Hospital 
Insurance and the Federal Supplementary Medical Insurance Trust 
Funds, as authorized by section 201(g) of the Social Security 
Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act and such sums as 
may be collected from authorized user fees and the sale of 
data, which shall remain available until expended, and together 
with administrative fees collected relative to Medicare 
overpayment recovery activities, which shall remain available 
until expended: Provided, That all funds derived in accordance 
with 31 U.S.C. 9701 from organizationsestablished under title 
XIII of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $1,000,000 shall be for carrying out section 4021 of 
Public Law 105-33: Provided further, That $45,000,000 appropriated 
under this heading for the transition to a single Part A and Part B 
processing system and for Year 2000 century date change conversion 
requirements of external contractor systems shall remain available 
until expended: Provided further, That $2,000,000 of the amount 
available for research, demonstration, and evaluation activities shall 
be available to continue carrying out demonstration projects on 
Medicaid coverage of community-based attendant care services for people 
with disabilities which ensures maximum control by the consumer to 
select and manage their attendant care services: Provided further, That 
funds appropriated under this heading may be obligated to increase 
Medicare provider audits and implement the Department's corrective 
action plan to the Chief Financial Officer's audit of the Health Care 
Financing Administration's oversight of Medicare: Provided further, 
That the Secretary of Health and Human Services is directed to collect, 
in aggregate, $95,000,000 in fees in fiscal year 1999 from 
Medicare+Choice organizations pursuant to section 1857(e)(2) of the 
Social Security Act and from eligible organizations with risk-sharing 
contracts under section 1876 of that Act pursuant to section 
1876(k)(4)(D) of that Act.


      health maintenance organization loan and loan guarantee fund


    For carrying out subsections (d) and (e) of section 1308 of 
the Public Health Service Act, any amounts received by the 
Secretary in connection with loans and loan guarantees under 
title XIII of the Public Health Service Act, to be available 
without fiscal year limitation for the payment of outstanding 
obligations. During fiscal year 1999, no commitments for direct 
loans or loan guarantees shall be made.

                Administration for Children and Families


                   family support payments to states


    For making payments to States or other non-Federal entities 
under titles I, IV-D, X, XI, XIV, and XVI of the Social 
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), to 
remain available until expended, $1,989,000,000; and for such 
purposes for the first quarter of fiscal year 2000, 
$750,000,000.
    For making payments to each State for carrying out the 
program of Aid to Families with Dependent Children under title 
IV-A of the Social Security Act before the effective date of 
the program of Temporary Assistance to Needy Families (TANF) 
with respect to such State, such sums as may be necessary: 
Provided, That the sum of the amounts available to a State with 
respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as 
amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations 
under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under titles 
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), for the last three 
months of the current year for unanticipated costs, incurred 
for the current fiscal year, such sums as may be necessary.


                   low income home energy assistance


    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,100,000,000, to be available for 
obligation in the period October 1, 1999 through September 30, 
2000.
    For making payments under title XXVI of such Act, 
$300,000,000: Provided, That these funds are hereby designated 
by Congress to be emergency requirements pursuant to section 
251(b)(2)(A) of the Balanced Budget and Deficit Emergency 
Control Act of 1985: Provided further, That these funds shall 
be made available only aftersubmission to Congress of a formal 
budget request by the President that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act.


                     refugee and entrant assistance


    For making payments for refugee and entrant assistance 
activities authorized by title IV of the Immigration and 
Nationality Act and section 501 of the Refugee Education 
Assistance Act of 1980 (Public Law 96-422), $415,000,000: 
Provided, That funds appropriated pursuant to section 414(a) of 
the Immigration and Nationality Act under Public Law 104-208 
for fiscal year 1997 shall be available for the costs of 
assistance provided and other activities conducted in such year 
and in fiscal years 1998 and 1999.


                 child care and development block grant


    For carrying out sections 658A through 658R of the Omnibus 
Budget Reconciliation Act of 1981 (The Child Care and 
Development Block Grant Act of 1990), to become available on 
October 1, 1999 and remain available through September 30, 
2000, $1,182,672,000: Provided, That $19,120,000 shall be 
available for child care resource and referral and school-aged 
child care activities: Provided further, That of the funds 
provided for fiscal year 1999 under Public Law 105-78, 
$50,000,000 shall be reserved by the States for activities 
authorized under section 658G of the Omnibus Budget 
Reconciliation Act of 1981 (the Child Care and Development 
Block Grant Act of 1990), such funds to be in addition to the 
amounts required to be reserved by States under such section 
658G: Provided further, That of the funds provided for fiscal 
year 2000 $222,672,000 shall be reserved by the States for 
activities authorized under section 658G of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development 
Block Grant Act of 1990), such funds to be in addition to the 
amounts required to be reserved by the States under such 
section 658G: Provided further, That of the funds provided for 
fiscal year 2000, $10,000,000 shall be for use by the Secretary 
for child care research, demonstration and evaluation 
activities (directly or by grants or contracts).


                      social services block grant


    For making grants to States pursuant to section 2002 of the 
Social Security Act, $1,909,000,000: Provided, That (1) 
notwithstanding section 2003(c) of such Act, as amended, the 
amount specified for allocation under such section for fiscal 
year 1999 shall be $1,909,000,000 and (2) notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the 
applicable percent specified under such subparagraph for a 
State to carry out State programs pursuant to title XX of such 
Act for fiscal years 1999 and 2000 shall be 10 percent.


                children and families services programs


                        (including rescissions)


    For carrying out, except as otherwise provided, the Runaway 
and Homeless Youth Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, the Head Start Act, the 
Child Abuse Prevention and Treatment Act (including section 
105(a)(2) of the Child Abuse Prevention and Treatment Act), the 
Native American Programs Act of 1974, title II of Public Law 
95-266 (adoption opportunities), the Adoption and Safe Families 
Act of 1997 (Public Law 105-89), the Abandoned Infants 
Assistance Act of 1988, part B(1) of title IV and sections 413, 
429A, 1110, and 1115 of the Social Security Act; for making 
payments under the Community Services Block Grant Act; and for 
necessary administrative expenses to carry out said Acts and 
titles I, IV, X, XI, XIV, XVI, and XX of the Social Security 
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus 
Budget Reconciliation Act of 1981, title IV of the Immigration 
and Nationality Act, section 501 of the Refugee Education 
Assistance Act of 1980, sections 40155, 40211 and 40241 of 
Public Law 103-322 and section 126 and titles IV and V of 
Public Law 100-485, $6,032,087,000, of which $10,000,000 shall 
be used to establish Individual Development Accounts, for the 
purpose of encouraging low-income families and individuals to 
acquire productive assets, contingent upon enactment of 
authorizing legislation, and of which $20,000,000, to remain 
available until September 30, 2000, shall be for grants to 
States for adoption incentive payments, as authorized by 
section 473A of title IV of the Social Security Act (42 U.S.C. 
670-679); of which $563,565,000 shall be for making payments 
under the Community Services Block Grant Act; and of which 
$4,660,000,000 shall be for making payments under the Head 
Start Act: Provided, That, notwithstanding section 640(a)(6), 
of the funds made available for the Head Start Act, 
$337,500,000 shall be set aside for the Head Start Program for 
Families with Infants and Toddlers (Early Head Start): Provided 
further, That to the extent Community Services Block Grant 
funds are distributed as grant funds by a State to an eligible 
entity as provided under the Act, and have not been expended by 
such entity, they shall remain with such entity for carryover 
into the next fiscal year for expenditure by such entity 
consistent with program purposes.
    In addition, $105,000,000, to be derived from the Violent 
Crime Reduction Trust Fund for carrying out sections 40155, 
40211 and 40241 of Public Law 103-322.
    Funds appropriated for fiscal year 1999 under section 
429A(e), part B of title IV of the Social Security Act shall be 
reduced by $6,000,000.
    Funds appropriated for fiscal year 1999 under section 
413(h)(1) of the Social Security Act shall be reduced by 
$15,000,000.


                    family preservation and support


    For carrying out section 430 of the Social Security Act, 
$275,000,000.


       payments to states for foster care and adoption assistance


    For making payments to States or other non-Federal entities 
under title IV-E of the Social Security Act, $3,764,000,000.
    For making payments to States or other non-Federal entities 
under title IV-E of the Social Security Act, for the first 
quarter of fiscal year 2000, $1,355,000,000.

                        Administration on Aging


                        aging services programs


    For carrying out, to the extent not otherwise provided, the 
Older Americans Act of 1965, as amended, and sections 339A, 
398, and 399 of the Public Health Service Act, $882,020,000: 
Provided, That notwithstanding section 308(b)(1) of the Older 
Americans Act of 1965, as amended, the amounts available to 
each State for administration of the State plan under title III 
of such Act shall be reduced not more than 5 percent below the 
amount that was available to such State for such purpose for 
fiscal year 1995: Provided further, That in considering grant 
applications for nutrition services for elder Indian 
recipients, the Assistant Secretary shall provide maximum 
flexibility to applicants who seek to take into account 
subsistence, local customs, and other characteristics that are 
appropriate to the unique cultural, regional, and geographic 
needs of the American Indian, Alaska and Hawaiian Native 
communities to be served.

                        Office of the Secretary


                    general departmental management


    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for 
carrying out titles III, XVII, and XX of the Public Health 
Service Act, and the United States-Mexico Border Health 
Commission Act, $180,051,000, together with $5,851,000, to be 
transferred and expended as authorized by section 201(g)(1) of 
the Social Security Act from the Hospital Insurance Trust Fund 
and the Supplemental Medical Insurance Trust Fund: Provided, 
That of the funds made available under this heading for 
carrying out title XVII of the Public Health Service Act, 
$1,000,000 shall be available until expended for extramural 
construction: Provided further, That $890,000 shall be for a 
contract with the National Academy of Sciences to conduct a 
study of all the available scientific literature examining the 
cause-and-effect relationship between repetitive tasks in the 
workplace and musculoskeletal disorders: Provided further, That 
said contract shall be awarded not later than January 1, 1999.


                      office of inspector general


    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $29,000,000.


                        office for civil rights


    For expenses necessary for the Office for Civil Rights, 
$17,345,000, together with not to exceed $3,314,000, to be 
transferred and expended as authorized by section 201(g)(1) of 
the Social Security Act from the Hospital Insurance Trust Fund 
and the Supplemental Medical Insurance Trust Fund.


                            policy research


    For carrying out, to the extent not otherwise provided, 
research studies under section 1110 of the Social Security Act, 
$14,000,000.


            public health and social services emergency fund


    For expenses necessary to support activities related to 
countering potential biological, disease and chemical threats 
to civilian populations, $216,922,000: Provided, That the 
entire amount is hereby designated by Congress to be emergency 
requirements pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an official budget request for 
$216,922,000, that includes designation of the entire amount of 
the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the 
Congress:Provided further, That of the amount provided under this 
heading, $51,000,000, to remain available until expended, shall be for 
pharmaceutical and vaccine stockpiling activities at the Centers for 
Disease Control and Prevention; and $3,000,000 shall be for the 
renovation and modernization of the Noble Army Hospital facility at 
Fort McClellan, Alabama; and $322,000 shall be in payment to the health 
department of Calhoun County, Michigan: Provided further, That no funds 
shall be obligated until the Department of Health and Human Services 
submits an operating plan to the House and Senate Committees on 
Appropriations.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be 
available for not to exceed $37,000 for official reception and 
representation expenses when specifically approved by the 
Secretary.
    Sec. 202. The Secretary shall make available through 
assignment not more than 60 employees of the Public Health 
Service to assist in child survival activities and to work in 
AIDS programs through and with funds provided by the Agency for 
International Development, the United Nations International 
Children's Emergency Fund or the World Health Organization.
    Sec. 203. None of the funds appropriated under this Act may 
be used to implement section 399L(b) of the Public Health 
Service Act or section 1503 of the National Institutes of 
Health Revitalization Act of 1993, Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for 
the National Institutes of Health and the Substance Abuse and 
Mental Health Services Administration shall be used to pay the 
salary of an individual, through a grant or other extramural 
mechanism, at a rate in excess of Executive Level III.
    Sec. 205. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or 
for other taps and assessments made by any office located in 
the Department of Health and Human Services, prior to the 
Secretary's preparation and submission of a report to the 
Committee on Appropriations of the Senate and of the House 
detailing the planned uses of such funds.
    Sec. 206. None of the funds appropriated in this Act or 
subsequent Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Acts, may be 
obligated or expended for the Federal Council on Aging under 
the Older Americans Act or the Advisory Board on Child Abuse 
and Neglect under the Child Abuse Prevention and Treatment Act.


                          (transfer of funds)


    Sec. 207. Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit 
Control Act, as amended) which are appropriated for the current 
fiscal year for the Department of Health and Human Services in 
this Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of 
both Houses of Congress are notified at least fifteen days in 
advance of any transfer.
    Sec. 208. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS 
Research, may transfer up to 3 percent among institutes, 
centers, and divisions from the total amounts identified by 
these two Directors as funding for research pertaining to the 
human immunodeficiency virus: Provided, That the Congress is 
promptly notified of the transfer.
    Sec. 209. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related 
to the human immunodeficiency virus, as jointly determined by 
the Director of NIH and the Director of the Office of AIDS 
Research, shall be made available to the ``Office of AIDS 
Research'' account. TheDirector of the Office of AIDS Research 
shall transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 210. Funds appropriated in this Act or subsequent 
Departments of Labor, Health and Human Services, and Education, 
and Related Agencies Appropriations Acts, for the National 
Institutes of Health may be used to provide transit subsidies 
in amounts consistent with the transportation subsidy programs 
authorized under section 629 of Public Law 101-509 to non-FTE 
bearing positions including trainees, visiting fellows and 
volunteers.
    Sec. 211. None of the funds appropriated in this Act may be 
made available to any entity under title X of the Public Health 
Service Act unless the applicant for the award certifies to the 
Secretary that it encourages family participation in the 
decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to 
coerce minors into engaging in sexual activities.
    Sec. 212. Subsection (b)(1)(H) of section 401 of the Public 
Health Service Act (42 U.S.C. 281 (b)(1)(H)) is amended by 
striking ``National Institute of Dental Research'' and 
inserting ``National Institute of Dental and Craniofacial 
Research''.
    Sec. 213. (a) The final rule entitled ``Organ Procurement 
and Transplantation Network'', promulgated by the Secretary of 
Health and Human Services on April 2, 1998 (63 FR 16295 et 
seq.) (relating to part 121 of title 42, Code of Federal 
Regulations), shall not become effective before the expiration 
of the 1-year period beginning on the date of the enactment of 
this Act.
    (b)(1) The Institute of Medicine under contract with and 
subject to review by the Comptroller General, in consultation 
with the Secretary and with the Organ Procurement and 
Transplantation Network (in this section referred to as the 
``OPTN''), shall conduct a review of the current polices of the 
OPTN and the final rule specified in subsection (a) in order to 
determine the following:
            (A) The potential impact on access to 
        transplantation services for low-income populations and 
        for racial and ethnic minority groups. With respect to 
        State policies in carrying out the program under title 
        XIX of the Social Security Act, the determination made 
        under this subparagraph shall include determining the 
        impact of such policies regarding payment for services 
        for patients that are provided to the patients outside 
        of the States in which the patients reside.
            (B) With respect to organ procurement organizations 
        (qualified under section 371 of the Public Health 
        Service Act):
                    (i) The potential impact on the ability of 
                the organizations to facilitate an appropriate 
                rate of organ donation within the service areas 
                of the organizations.
                    (ii) The reasons underlying the variations 
                in performance among such organizations.
                    (iii) The potential impact of requiring 
                sharing of organs based on medical criteria 
                instead of geography on the ability of the 
                organizations to facilitate an appropriate rate 
                of organ donation within the service areas of 
                the organizations.
            (C) The potential impact on waiting times for organ 
        transplants, including determinations specific to the 
        various geographic regions of the United States, and if 
        practicable, waiting times for each transplant center 
        by organ and medical status category. The determination 
        made under this subparagraph shall include determining 
        the impact of recent changes made by the OPTN in 
        patient listing criteria and in measures of medical 
        status.
            (D) The potential impact on patient survival rates 
        and organ failure rates which lead to 
        retransplantation, including any variance by income 
        status, ethnicity, gender, race, or blood type.
            (E) The potential impact on the costs of organ 
        transplantation services.
            (F) The potential impact on the liability, under 
        State laws and procedures regarding peer review, of 
        members of the OPTN.
            (G) The potential impact on the confidential status 
        of information that relates to the transplantation of 
        organs.
            (H) Recommendations, if any, to change existing 
        policies and the final rule.
    (2)(A) Not later than May 1, 1999, the Comptroller General 
of the United States shall submit to the congressional 
committees specified in subparagraph (B) a report describing 
the results of the review conducted under paragraph (1).
    (B) The congressional committees referred to in 
subparagraph (A) are the Committee on Commerce of the House of 
Representatives, the Committee on Appropriations of the House, 
the Committee on Labor and Human Resources of the Senate, and 
the Committee on Appropriations of the Senate.
    (c)(1) Beginning promptly after the date of the enactment 
of this Act, the Secretary may conduct a series of discussions 
with the OPTN in order to resolve issues raised by the final 
rule referred to in subsection (a).
    (2) The Secretary and the OPTN may utilize the services of 
a mediator in conducting the discussions under paragraph (1). 
An individual may not be selected to serve as the mediator 
unless the Secretary and the OPTN both approve the selection of 
the individual to so serve, and the individual agrees that, not 
later than June 30, 1999, the individual will submit to the 
congressional committees specified in subsection (b)(2)(B) a 
report describing the extent of progress that has been made 
through the discussions under paragraph (1).
    (d)(1) Beginning on the date of enactment of this Act, the 
OPTN shall provide to the Secretary, the Institutes of 
Medicine, and the Comptroller General, upon request, any data 
necessary to assess the effectiveness of the Nation's organ 
donation, procurement and organ allocation systems, or to 
assess the quality of care provided to all transplant patients, 
and analysis of such data in a scientifically and clinically 
valid manner. If necessary, the OPTN may provide additional 
data as they deem appropriate.
    (2) The OPTN shall make available to the public timely and 
accurate program-specific information on the performance of 
transplant programs. These data shall be updated as frequently 
as possible, and the OPTN shall work to shorten the time period 
for data collection and analysis in producing its center-
specific outcomes report, including severity adjusted long term 
survival rates. Such data shall also include such other cost or 
performance information including but not limited to transplant 
program-specific information on waiting time within medical 
status, organ waitings, and refusal of organ offers.
    (e) Data provided under subsection (d) shall be specific 
(if possible) to individual transplant centers and must be 
determined in a scientifically and clinically valid manner.
    (f) Any disclosure of patient specific medical information 
under subsection (d) shall be subject to the restrictions 
contained in the Freedom of Information Act, the Privacy Act, 
and State laws.
    (g) Of the amount appropriated in this title for ``Office 
of the Secretary--general departmental management'', $500,000 
shall, not later than 30 days after the date of the enactment 
of this Act, be transferred to the Comptroller General for 
purposes of carrying out the studies required and specified in 
this section.
    (h) For purposes of this section:
            (1) The term ``Comptroller General'' means the 
        Comptroller General of the United States.
            (2) The term ``Organ Procurement and 
        Transplantation Network'' means the network operated 
        under section 372 of the Public Health Service Act.
            (3) The term ``Secretary'' means the Secretary of 
        Health and Human Services.
    Sec. 214. (a) Section 2003(c) of the Social Security Act 
(42 U.S.C. 1397b(c)) is amended by striking paragraph (8) and 
inserting the following:
            ``(8) $2,299,000,000 for the fiscal year 1998;''.
    (b) The amendment made by this section takes effect 
immediately after the amendments made by section 8401 of the 
Transportation Equity Act for the 21st Century take effect.
    Sec. 215. The Consolidated Laboratory Building (Building 
50) at the National Institutes of Health is hereby named the 
Louis Stokes Laboratories.
    Sec. 216. None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be used to 
carry out the Medicare+Choice program if the Secretary denies 
participation in such program to an otherwise eligible entity 
(including a Provider Sponsored Organization) because the 
entity informs the Secretary that it will not provide, pay for, 
provide coverage of, or provide referrals for abortions: 
Provided, That the Secretary shall make appropriate prospective 
adjustments to the capitation payment to such an entity (based 
on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided 
further, That nothing in this section shall be construed to 
change the Medicare program's coverage for such services and a 
Medicare+Choice organization described in this section shall be 
responsible for informing enrollees where to obtain information 
about all Medicare covered services.
    Sec. 217. The Vaccine Research Facility (Building 40) at 
the National Institutes of Health is hereby named the Dale and 
Betty Bumpers Vaccine Research Facility.
    Sec. 218. (a) Mental Health.--Section 1918(b) of the Public 
Health Service Act (42 U.S.C. 300x-7(b)) is amended to read as 
follows:
    ``(b) Minimum Allotments for States.--
            ``(1) In general.--With respect to fiscal year 
        1999, the amount of the allotment of a State under 
        section 1911 shall not be less than the amount the 
        State received under section 1911 for fiscal year 
        1998.''.
    (b) Substance Abuse.--Section 1933(b) of the Public Health 
Service Act (42 U.S.C. 300x-33(b)) is amended to read as 
follows:
    ``(b) Minimum Allotments for States.--
            ``(1) In general.--With respect to fiscal year 
        1999, the amount of the allotment of a State under 
        section 1921 shall not be less than the amount the 
        State received under section 1921 for fiscal year 1998 
        increased by 30.65 percent of the percentage by which 
        the amount allotted to the States for fiscal year 1999 
        exceeds the amount allotted to the States for fiscal 
        year 1998.
            ``(2) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a State shall not receive an 
                allotment under section 1921 for fiscal year 
                1999 in an amount that is less than an amount 
                equal to 0.375 percent of the amount 
                appropriated under section 1935(a) for such 
                fiscal year.
                    ``(B) Exception.--In applying subparagraph 
                (A), the Secretary shall ensure that no State 
                receives an increase in its allotment under 
                section 1921 for fiscal year 1999 (as compared 
                to the amount allotted to the State in the 
                fiscal year 1998) that is in excess of an 
                amount equal to 300 percent of the percentage 
                by which the amount appropriated under section 
                1935(a) for fiscal year 1999 exceeds the amount 
                appropriated for the prior fiscal year.
            ``(3) Only for the purposes of calculating minimum 
        allotments under this subsection, any reference to the 
        amount appropriated under section 1935(a) for fiscal 
        year 1998, allotments to States under section 21 and 
        any references to amounts received by States in fiscal 
        year 1998 shall include amounts appropriated or 
        received under the amendments made by section 105 of 
        the Contract with America Advancement Act of 1996 
        (Public Law 104-121).''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsections 
        (a) and (b) shall become effective as if enacted on 
        October 1, 1998 and shall only apply during fiscal year 
        1999.
            (2) Application.--Upon the expiration of the fiscal 
        year described in paragraph (1), the provisions of 
        sections 1918(b) and 1933(b) of the Public Health 
        Service Act (42 U.S.C. 300x-7(b) and 300x-33(b)), as in 
        effect on September 30, 1998, shall be applied as if 
        the amendments made by this section had not been 
        enacted.
      Sec. 219. Notwithstanding any other provision of law, no 
provider of services under title X of the Public Health Service 
Act shall be exempt from any State law requiring notification 
or the reporting of child abuse, child molestation, sexual 
abuse, rape, or incest.
    This title may be cited as the ``Department of Health and 
Human Services Appropriations Act, 1999''.

                   TITLE III--DEPARTMENT OF EDUCATION


                            education reform


    For carrying out activities authorized by titles III and IV 
of the Goals 2000: Educate America Act, the School-to-Work 
Opportunities Act, and sections 3122, 3132, 3136, and 3141 and 
parts B, C, and D of title III of the Elementary and Secondary 
Education Act of 1965, $1,314,000,000, of which $491,000,000 
for the Goals 2000: Educate America Act and $125,000,000 for 
the School-to-Work Opportunities Act shall become available on 
July 1, 1999 and remain available through September 30, 2000, 
and of which $87,000,000 shall be for section 3122: Provided, 
That none of the funds appropriated under this heading shall be 
obligated or expended to carry out section 304(a)(2)(A) of the 
Goals 2000: Educate America Act, except that no more than 
$1,500,000 may be used to carry out activities under section 
314(a)(2) of that Act: Provided further, That section 315(a)(2) 
of the Goals 2000 Act shall not apply: Provided further, That 
up to one-half of 1 percent of the amount available under 
section 3132 shall be set aside for the outlying areas, to be 
distributed on the basis of their relative need as determined 
by the Secretary in accordance with the purposes of the 
program: Provided further, That if any State educational agency 
does not apply for a grant under section 3132, that State's 
allotment under section 3131 shall be reserved by the Secretary 
for grants to local educational agencies in that State that 
apply directly to the Secretary according to the terms and 
conditions published by the Secretary in the Federal Register: 
Provided further, That $22,000,000 of the funds made available 
under section 3136 shall be for a competition consistent with 
the subjects outlined in the House and Senate reports and the 
statement of the managers, and that such competition should be 
administered in a manner consistent with the authorizing 
legislation and current departmental practices and policies: 
Provided further, That $9,850,000 of the funds made available 
for star schools shall be for a competition consistent with the 
language outlined in the House and Senate reports and the 
statement of the managers, and that such competition should be 
administered in a manner consistent with current departmental 
practices and policies: Provided further, That $8,000,000 shall 
be awarded to continue and expand the Iowa Communications 
Network statewide fiber optic demonstration project, and 
$800,000 shall be awarded to the School of Agriculture and Land 
Resources Management at the University of Alaska, Fairbanks to 
enhance distance delivery of natural resources management 
courses; $350,000 shall be for multi-media classrooms for the 
rural education technology center at the Western Montana 
College in Dillon, Montana: Provided further, That of the funds 
made available for section 3136, $2,500,000 shall be to 
establish the RUNet 2000 project at Rutgers, The State 
University ofNew Jersey; $500,000 shall be for state-of-the-art 
information technology systems at Mansfield University, Mansfield, 
Pennsylvania; $1,000,000 shall be for professional development for 
technology training at the Krell Institute, Ames, Iowa; $850,000 shall 
be for Internet-based curriculum at the State of Alaska, Department of 
Education; $2,000,000 shall be for ``Magnet E-School'' technology 
training and curriculum initiative at the Hawaii Department of 
Education; $600,000 shall be for technology in the classroom pilot 
program for the Green Bay Public School System, Green Bay, Wisconsin; 
$250,000 shall be for the ``Passport to Chicago Community Network'' 
technology training project; $1,200,000 for LEARN North Carolina and 
the University of North Carolina at Chapel Hill; and $1,500,000 for the 
Iowa Department of Education for community college grants to low-income 
schools for technology.


                    education for the disadvantaged


    For carrying out title I of the Elementary and Secondary 
Education Act of 1965, and section 418A of the Higher Education 
Act, $8,370,520,000, of which $2,198,134,000 shall become 
available on July 1, 1999, and shall remain available through 
September 30, 2000, and of which $6,148,386,000 shall become 
available on October 1, 1999 and shall remain available through 
September 30, 2000, for academic year 1999-2000: Provided, That 
$6,574,000,000 shall be available for basic grants under 
section 1124: Provided further, That up to $3,500,000 of these 
funds shall be available to the Secretary on October 1, 1998, 
to obtain updated local-educational-agency-level census poverty 
data from the Bureau of the Census: Provided further, That 
$1,102,020,000 shall be available for concentration grants 
under section 1124A, $7,500,000 shall be available for 
evaluations under section 1501 and not more than $8,500,000 
shall be reserved for section 1308, of which not more than 
$3,000,000 shall be reserved for section 1308(d): Provided 
further, That grant awards under section 1124 and 1124A of 
title I of the Elementary and Secondary Education Act shall be 
made to each State or local educational agency at no less than 
100 percent of the amount such State or local educational 
agency received under this authority for fiscal year 1998: 
Provided further, That $120,000,000 shall be available under 
section 1002(g)(2) to demonstrate effective approaches to 
comprehensive school reform to be allocated and expended in 
accordance with the instructions relating to this activity in 
the statement of the managers on the conference report 
accompanying Public Law 105-78 and in the statement of the 
managers on the conference report accompanying this Act: 
Provided further, That in carrying out this initiative, the 
Secretary and the States shall support only approaches that 
show the most promise of enabling children served by title I to 
meet challenging State content standards and challenging State 
student performance standards based on reliable research and 
effective practices, and include an emphasis on basic academics 
and parental involvement: Provided further, That no funds 
appropriated under section 1002(g)(2) shall be available for 
section 1503.


                               impact aid


    For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the 
Elementary and Secondary Education Act of 1965, $864,000,000, 
of which $704,000,000 shall be for basic support payments under 
section 8003(b), $50,000,000 shall be for payments for children 
with disabilities under section 8003(d), $70,000,000, to remain 
available until expended, shall be for payments under section 
8003(f), $7,000,000 shall be for construction under section 
8007, and $28,000,000 shall be for Federal property payments 
under section 8002 and $5,000,000 to remain available until 
expended shall be for facilities maintenance under section 
8008: Provided, That Section 8002(f) of the Elementary and 
Secondary Education Act of 1965 is amended--
            (1) by inserting ``(1)'' after the subsection 
        heading; and
            (2) by adding a new paragraph (2) at the end to 
        read as follows:
            ``(2) For each fiscal year beginning with fiscal 
        year 1999, the Secretary shall treat the Webster School 
        District, Day County, South Dakota as meeting the 
        eligibility requirements of subsection (a)(1)(C) of 
        this section.'':
Provided further, That Section 8002 of the Elementary and 
Secondary Education Act of 1965 is amended by adding at the end 
thereof a new subsection (k) to read as follows:
    ``(k) Special Rule.--For purposes of payments under this 
section for each fiscal year beginning with fiscal year 1998--
            ``(1) the Secretary shall, for the Stanley County, 
        South Dakota local educational agency, calculate 
        payments as if subsection (e) had been in effect for 
        fiscal year 1994; and
            ``(2) the Secretary shall treat the Delaware 
        Valley, Pennsylvania local educational agency as if it 
        had filed a timely application under section 2 of 
        Public Law 81-874 for fiscal year 1994.'':
Provided further,  That (a) from the funds appropriated for 
payments to local educational agencies under section 8003(f) of 
the Elementary and Secondary Education Act of 1965 (ESEA) for 
fiscal year 1999, the Secretary of Education shall distribute 
supplemental payments for certain local educational agencies, 
as follows:
            (1) First, from the amount of $68,000,000, the 
        Secretary shall make supplemental payments to the 
        following agencies under section 8003(b) of the ESEA:
                    (A) Local educational agencies that 
                received assistance under section 8003(f) for 
                fiscal year 1998.
                    (B) Local educational agencies with Impact 
                Aid applicant numbers 20-0019, 51-0504, 51-
                2801, 51-1903, 51-0010, 51-4203, 51-2101, 51-
                0811, and 51-0904.
                    (C) Any eligible local educational agency 
                with at least 25,000 children in average daily 
                attendance, at least 55 percent federally 
                connected children described in section 
                8003(a)(1) in average daily attendance, and at 
                least 6,500 children described in sections 
                8003(a)(1)(A) and (B) in average daily 
                attendance.
            (2) From the remaining $2,000,000 and any amounts 
        available after making payments under paragraph (1), 
        the Secretary shall then make supplemental payments to 
        local educational agencies that are not described in 
        paragraph (1) of this subsection, but that meet the 
        requirements of paragraphs (2) and (4) of section 
        8003(f) of the ESEA for fiscal year 1999, except that 
        such agencies may count for purposes of eligibility for 
        these supplemental payments, all students described in 
        section 8003(a)(1).
            (3) After making payments under section 8003(f) to 
        all eligible applicants for fiscal years before fiscal 
        year 1999, the Secretary shall use the combined amount 
        of any funds remaining available under that subsection, 
        and any amounts that may remain for fiscal year 1999 
        after making payments under paragraphs (1) and (2) of 
        this subsection, to make the following payments:
                    (A) First, an amount not to exceed 
                $3,000,000 to Impact Aid applicant number 20-
                0019.
                    (B) Second, from any remaining funds, an 
                amount not to exceed $3,000,000 to Impact Aid 
                applicant number 53-0061.
                    (C) Third, from any remaining funds, 
                increased basic support payments under section 
                8003(b) for all eligible applicants.
    (b) In calculating the amounts of supplemental payments for 
agencies described in subparagraphs (1)(A) and (B) and 
paragraph (2) of subsection (a), the Secretary shall use the 
formula contained in section 8003(b)(1)(C) of the ESEA, except 
that--
            (1) eligible local educational agencies may count 
        all children described in section 8003(a)(1) in 
        computing the amount of those payments;
            (2) maximum payments for any of those agencies that 
        use local contribution rates identified in section 
        8003(b)(1)(C)(i) or (ii) shall be computed by using 
        four-fifths instead of one-half of those rates;
            (3) the learning opportunity threshold percentage 
        of all such agencies under section 8003(b)(2)(B) shall 
        be deemed to be 100;
            (4) for an eligible local educational agency with 
        35 percent or more of its children in average daily 
        attendance described in either subparagraph (D) or (E) 
        of section 8003(a)(1), the weighted student unit figure 
        from its regular basic support payment shall be 
        recomputed by using a factor of 0.55 for such children;
            (5) for an eligible local educational agency with 
        fewer than 100 children in average daily attendance, 
        the weighted student unit figure from its regular basic 
        support payment shall be recomputed by multiplying the 
        total number of children described in section 
        8003(a)(1) by a factor of 1.5; and
            (6) for an eligible local educational agency whose 
        total number of children in average daily attendance is 
        at least 100, but fewer than 750, the weighted student 
        unit figure from its regular basic support payment 
        shall be recomputed by multiplying the total number of 
        children described in section 8003(a)(1) by a factor of 
        1.25.
    (c) For a local educational agency described in subsection 
(a)(1)(C) above, the Secretary shall use the formula contained 
in section 8003(b)(1)(C) of the ESEA, except that the weighted 
student unit total from its regular basic support payment shall 
be increased by 35 percent and its learning opportunity 
threshold percentage shall be deemed to be 100.
    (d) For each eligible local educational agency, the 
calculated supplemental basic support payment shall be reduced 
by subtracting the agency's regular fiscal year 1999 section 
8003(b) basic support payment.
    (e) The actual supplemental basic support payment that 
local educational agencies receive shall be treated under 
section 8009 in the same manner as payments under section 
8003(f).
    (f) If the sums described in subsections (a)(1) and (2) 
above are insufficient to pay in full the calculated 
supplemental basic support payments for the local educational 
agencies identified in those subsections, the Secretary shall 
ratably reduce the supplemental basic support payment to each 
local educational agency: Provided further, That the Secretary 
of Education shall treat as timely filed, and shall process for 
payment, an application for a fiscal year 1998 payment from the 
local educational agency for Prince Georges County, Maryland, 
under section 8003 of the Elementary and Secondary Education 
Act of 1965 if the Secretary has received that application not 
later than 30 days after the enactment of this Act: Provided 
further, That from the amount appropriated for section 8008 the 
Secretary shall award $500,000 to the Randolph Field 
Independent School District, Texas: Provided further, That for 
the purposes of computing the amount of payment for a local 
educational agency for children identified under section 8003, 
children residing in housing initially acquired or constructed 
under section 801 of the Military Construction Authorization 
Act of 1984, (Public Law 98-115)(``Build to Lease'' program) 
shall be considered as children described under section 8003(a)(1)(B) 
if the property described is within the fenced security perimeter of 
the military facility upon which such housing is situated: Provided 
further, That if such property is not owned by the Federal Government, 
is subject to taxation by a State or political subdivision of a State, 
and thereby generates revenues for a local educational agency which 
received a payment from the Secretary under section 8003, the Secretary 
shall--
            (A) require such local educational agency to 
        provide certification from an appropriate official of 
        the Department of Defense that such property is being 
        used to provide military housing; and
            (B) reduce the amount of such payment by an amount 
        equal to the amount of revenue from such taxation 
        received in the second preceding fiscal year by such 
        local educational agency, unless the amount of such 
        revenue was taken into account by the State for such 
        second preceding fiscal year and already resulted in a 
        reduction in the amount of State aid paid to such local 
        educational agency: Provided further, That of the funds 
        available for payments under section 8002, the 
        Secretary shall pay the San Diego, California, 
        Centennial, Pennsylvania, and Hatboro-Horsham, 
        Pennsylvania, local educational agencies the sum of 
        $500,000 each, in addition to their regularly 
        calculated payments, except that the total funds these 
        agencies receive under this section may not exceed 50 
        percent of their maximum section 8002 payments.


                      school improvement programs


    For carrying out school improvement activities authorized 
by titles II, IV, V-A and B, VI, IX, X, XII and XIII of the 
Elementary and Secondary Education Act of 1965; the Stewart B. 
McKinney Homeless Assistance Act; and the Civil Rights Act of 
1964 and part B of VIII of the Higher Education Act; 
$2,811,134,000, of which $2,381,300,000 shall become available 
on July 1, 1999, and remain available through September 30, 
2000: Provided, That of the amount appropriated, $335,000,000 
shall be for Eisenhower professional development State grants 
under title II-B of the Elementary and Secondary Education Act 
of 1965, and $1,575,000,000 shall be for title VI, of which 
$1,200,000,000 shall be available, notwithstanding any other 
provision of law, to carry out title VI of the Elementary and 
Secondary Education Act of 1965 in accordance with section 307 
of this Act, in order to reduce class size, particularly in the 
early grades, using highly qualified teachers to improve 
educational achievement for regular and special needs children.


                           reading excellence


      For necessary expenses to carry out the Reading 
Excellence Act, $260,000,000, which shall become available on 
July 1, 1999, and shall remain available through September 30, 
2000.


                            indian education


    For expenses necessary to carry out, to the extent not 
otherwise provided, title IX, part A of the Elementary and 
Secondary Education Act of 1965, as amended, $66,000,000.


                   bilingual and immigrant education


    For carrying out, to the extent not otherwise provided, 
bilingual, foreign language and immigrant education activities 
authorized by parts A and C and section 7203 of title VII of 
the Elementary and Secondary Education Act of 1965, without 
regard to section 7103(b), $380,000,000: Provided, That State 
educational agencies may use all, or any part of, their part C 
allocation for competitive grants to local educational 
agencies.


                           special education


    For carrying out the Individuals with Disabilities 
Education Act, $5,124,146,000, of which $4,879,885,000 shall 
become available for obligation on July 1, 1999, and shall 
remain available through September 30, 2000: Provided, That 
$1,500,000 shall be awarded to The Organizing Committee for The 
1999 Special Olympics World Summer Games and $1,500,000, to 
remain available until expended, shall be for preparation and 
planning and shall be awarded to The Organizing Committee of 
The 2001 Special Olympics World Winter Games: Provided further, 
That $600,000 shall be for the Early Childhood Development 
Project of the National Easter Seal Society for the Mississippi 
Delta Region, which funds shall be used to provide training, 
technical support, services, and equipment to address personnel 
and other needs.


            rehabilitation services and disability research


    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance 
for Individuals with Disabilities Act, or successor legislation 
and the Helen Keller National Center Act, as amended, 
$2,652,584,000.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind


    For carrying out the Act of March 3, 1879, as amended (20 
U.S.C. 101 et seq.), $8,661,000.


               national technical institute for the deaf


    For the National Technical Institute for the Deaf under 
titles I and II of the Education of the Deaf Act of 1986 (20 
U.S.C. 4301 et seq.), $45,500,000: Provided, That from the 
amount available, the Institute may at its discretion use funds 
for the endowment program as authorized under section 207.


                          gallaudet university


    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of 
Gallaudet University under titles I and II of the Education of 
the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $83,480,000: 
Provided, That from the amount available, the University may at 
its discretion use funds for the endowment program as 
authorized under section 207.


                     vocational and adult education


    For carrying out, to the extent not otherwise provided, the 
Carl D. Perkins Vocational and Applied Technology Education Act 
and the Adult Education and Family Literacy Act, 
$1,539,247,000, of which $1,535,147,000 shall become available 
on July 1, 1999 and shall remain available through September 
30, 2000: Provided, That of the amounts made available for 
title II of the Carl D. Perkins Vocational and Applied 
Technology Education Act, $13,497,000 shall be used by the 
Secretary for national programs under title IV, without regard 
to section 451: Provided further, That, of the amounts made 
available for the Adult Education and Family Literacy Act, 
$6,000,000 shall be for national leadership activities under 
section 243 and $6,000,000 shall be for the National Institute 
for Literacy under section 242: Provided further, That no funds 
shall be awarded to a State Council under section 112(f) of the 
Carl D. Perkins Vocational and Applied Technology Education 
Act, and no State shall be required to operate such a Council.


                      student financial assistance


    For carrying out subparts 1, 3 and 4 of part A, part C and 
part E of title IV of the Higher Education Act of 1965, as 
amended, $9,348,000,000, which shall remain available through 
September 30, 2000.
    The maximum Pell Grant for which a student shall be 
eligible during award year 1999-2000 shall be $3,125: Provided, 
That notwithstanding section 401(g) of the Act, if the 
Secretary determines, prior to publication of the payment 
schedule for such award year, that the amount included within 
this appropriation for Pell Grant awards in such award year, 
and any funds available from the fiscal year 1998 appropriation 
for Pell Grant awards, are insufficient to satisfy fully all 
such awards for which students are eligible, as calculated 
under section 401(b) of the Act, the amount paid for each such 
award shall be reduced by either a fixed or variable 
percentage, or by a fixed dollar amount, as determined in 
accordance with a schedule of reductions established by the 
Secretary for this purpose: Provided further, That if the 
Secretary determines that the funds available to fund Pell 
Grants for award year 1999-2000 exceed the amount needed to 
fund Pell Grants at a maximum award of $3,125 for that award 
year, the Secretary may increase the income protection 
allowances in sections 475(g)(2)(D), and 476(b)(1)(A)(iv)(I), 
(II) and (III) up to the amounts at which Pell Grant awards 
calculated using the increased income protection allowances 
equal the funds available to make Pell Grants in award year 
1999-2000 with a $3,125 maximum award, except that the income 
protection allowance in section 475(g)(2)(D) may not exceed 
$2,200, the income protection allowance in sections 
476(b)(1)(A)(iv)(I) and (II) may not exceed $4,250, and the 
income protection allowance in section 476(b)(1)(A)(iv)(III) 
may not exceed $7,250.


             federal family education loan program account


    For Federal administrative expenses to carry out guaranteed 
student loans authorized by title IV, part B, of the Higher 
Education Act, as amended, $46,482,000.


                            higher education


    For carrying out, to the extent not otherwise provided, 
section 121 and titles II, III, IV, V, VI, VII, and VIII of the 
Higher Education Act of 1965, as amended, and the Mutual 
Educational and Cultural Exchange Act of 1961 and Public Law 
102-73; $1,307,846,000, of which $13,000,000 for interest 
subsidies authorized by section 121 of the Higher Education 
Act, shall remain available until expended: Provided, That 
$16,723,000 shall be for Youth Offender Grants, of which 
$4,723,000, which shall become available on July 1, 1999, and 
remain available until September 30, 2000, shall be used in 
accordance with section 601 of Public Law 102-73 as that 
section was in effect prior to enactment of Public Law 105-220: 
Provided further, That $4,800,000, to be available until 
expended, shall be for Salem State College in Salem, 
Massachusetts for activities authorized under Title III, part 
A, section 311(c)(2), of the Higher Education Act of 1965, as 
amended: Provided further, That of the funds made available 
under title VII, part B, $5,000,000 shall be awarded to the St. 
Petersburg Junior College for a demonstration of a national 
method for increasing access to four year degrees and work 
force training for students attending community college; 
$2,000,000 shall be for the Technology-Assisted Learning Campus 
in New Rochelle, New York for high-tech equipment; $250,000 
shall be awarded to the Center for Urban Research and Learning, 
Loyola University, Chicago; $1,150,000 shall be awarded to the 
Southeast Community College in Letcher County, Kentucky; 
$3,000,000 shall be for the Oregon State University Distance 
Education Alliance; $1,000,000 shall be for the Appalachian 
Center for Economic Networks in Athens, Ohio; $6,000,000 shall 
be to establish the Robert J. Dole Institute for Public Service 
and Public Policy on the University of Kansas campus in 
Lawrence, Kansas; $1,000,000 shall be for the Oregon Institute 
of Public Service and Constitutional Studies at the Mark O. 
Hatfield School of Government at Portland State University; 
$2,150,000 shall be awarded to the College of Natural 
Resources, University of Wisconsin at Stevens Point for 
technology-enhanced learning; $1,500,000 shall be for theTouro 
Law Center in Central Islip, New York for the use of technology to 
bridge the gap between legal education and the actual practice of law; 
$1,000,000 shall be for the International Center for Educational 
Technology and Distance Learning at Empire State College; $500,000 
shall be for the University of Northern Iowa National Institute of 
Technology for Inclusive Education; $1,500,000 shall be for a 
demonstration project to expand the successful college student 
preparation at Prairie View A&M, Texas; $750,000 shall be to identify 
and provide models of alcohol and drug abuse prevention and education 
in higher education at the college level; $500,000 shall be for a 
teacher training program in experiential learning to be awarded to the 
Department of Language Teacher Education, School for International 
Training, Brattleboro, Vermont; and $1,000,000 shall be for the Paul 
Simon Public Policy Institute at Southern Illinois University at 
Carbondale, Illinois: Provided further, That $9,500,000 of the funds 
made available for title VII, part B shall be for a competition 
consistent with the subject areas outlined in the House and Senate 
reports and the statement of the managers, and that such competition 
should be administered in a manner consistent with current departmental 
practices and policies.


                           howard university


    For partial support of Howard University (20 U.S.C. 121 et 
seq.), $214,489,000, of which not less than $3,530,000 shall be 
for a matching endowment grant pursuant to the Howard 
University Endowment Act (Public Law 98-480) and shall remain 
available until expended.


         college housing and academic facilities loans program


    For Federal administrative expenses authorized under 
section 121 of the Higher Education Act, $698,000 to carry out 
activities related to existing facility loans entered into 
under the Higher Education Act.


 historically black college and university capital financing, program 
                                account


    The total amount of bonds insured pursuant to section 344 
of title III, part D of the Higher Education Act shall not 
exceed $357,000,000, and the cost, as defined in section 502 of 
the Congressional Budget Act of 1974, of such bonds shall not 
exceed zero.
    For administrative expenses to carry out the Historically 
Black College and University Capital Financing Program entered 
into pursuant to title III, part D of the Higher Education Act, 
as amended, $96,000.


            education research, statistics, and improvement


    For carrying out activities authorized by the Educational 
Research, Development, Dissemination, and Improvement Act of 
1994, including part E; the National Education Statistics Act 
of 1994; section 2102 of title II, and parts A, B, I, and K and 
section 10601 of title X, and part C of title XIII of the 
Elementary and Secondary Education Act of 1965, as amended, and 
title VI of Public Law 103-227, $664,867,000: Provided, That 
$25,000,000shall be available to demonstrate effective 
approaches to comprehensive school reform to be allocated and expended 
in accordance with the instructions relating to this activity in the 
statement of managers on the conference report accompanying Public Law 
105-78 and in the statement of the managers on the conference report 
accompanying this Act: Provided further, That the funds made available 
for comprehensive school reform shall become available on July 1, 1999, 
and remain available through September 30, 2000, and in carrying out 
this initiative, the Secretary and the States shall support only 
approaches that show the most promise of enabling children to meet 
challenging State content standards and challenging State student 
performance standards based on reliable research and effective 
practices, and include an emphasis on basic academics and parental 
involvement: Provided further, That $16,000,000 of the funds made 
available for title X, part A of the Elementary and Secondary Education 
Act, shall be carried out consistent with the subject areas outlined in 
the House and Senate reports and the statement of the managers, and 
should be administered in a manner consistent with current departmental 
practices and policies: Provided further, That, in addition to the 
$6,000,000 for Title VI of Public Law 103-227 and notwithstanding the 
provisions of section 601(c)(1)(C) of that Act, $1,000,000 shall be 
available to the Center for Civic Education to conduct a civic 
education program with Northern Ireland and the Republic of Ireland 
and, consistent with the civics and government activities authorized in 
section 601(c)(3) of Public Law 103-227, to provide civic education 
assistance to democracies in developing countries. The term 
``developing countries'' shall have the same meaning as the term 
``developing country'' in the Education for the Deaf Act: Provided 
further, That of the amount provided for part A of title X of the 
Elementary and Secondary Education Act of 1965, $2,000,000 shall be for 
a demonstration of full service community school sites in Charles 
County, Maryland, Westchester County, New York, Cranston, Rhode Island, 
and Skagit County, Washington; $2,000,000 shall be awarded to First 
Book for literacy programs; $1,750,000 shall be awarded to the Whitaker 
Center for Science and the Arts, Harrisburg, Pennsylvania for teaching 
of science education using the arts; $350,000 shall be awarded to the 
School of Education at the University of Montana and the Montana Board 
of Crime Control for community-based initiatives to promote non-violent 
behavior in schools; $1,000,000 shall be awarded to the NetDay 
organization to assist schools in connecting K-12 classrooms to the 
Internet; $1,000,000 shall be awarded to the National Museum of Women 
in the Arts; $1,000,000 shall be awarded to Youth Friends of Kansas 
City to improve attendance and academic performance; $750,000 shall be 
awarded to the Thornberry Center for Youth and Families, Kansas City, 
Missouri to assist at-risk children; $400,000 shall be for Bay Shore, 
New York for Literacy Education and Assessment Partnerships; $1,150,000 
shall be awarded to provide technology assistance and for operation of 
a math/science learning center in Perry County, Kentucky; $100,000 
shall be for Presidio School District, Texas for library equipment and 
materials; $1,200,000 shall be for the Southeastern Pennsylvania 
Consortium for Higher Education; $1,000,000 shall be for the Dowling 
College Global Learning Center at the former LaSalle Academy in New 
York for a master teacher training and education center; $10,000,000 
for continuing a demonstration of public school facilities repair and 
construction to the Iowa Department of Education;and $1,000,000 shall 
be awarded to the Hechkscher Museum of Art, Long Island, New York for 
incorporating arts into education curriculum: Provided further, That of 
the amount provided for part I of title X of the Elementary and 
Secondary Education Act of 1965, $500,000 shall be for after school 
programs for the Chippewa Falls Area United School System, Wisconsin; 
$400,000 shall be for after-school programs for the Wausau School 
System, Wisconsin; $350,000 shall be for the New Rochelle School 
System, New York, after-school programs; $100,000 shall be for the New 
York Hall of Science, Queens, New York, after-school program; $25,000 
shall be for Louisville Central Community Centers Youth Education 
Program to support after-school programming; $25,000 shall be for 
Canaan's Community Development Corporation in Louisville, Kentucky for 
the Village Learning Center after-school program; $300,000 shall be for 
the Bay Shore Community Learning Wellness and Fitness Center for Drug 
Free Lifestyles in Bay Shore, New York; $2,500,000 shall be for an 
after school anti-drug pilot program in the Chicago Public Schools; and 
$400,000 shall be for the Green Bay, Wisconsin Public School System 
after school program: Provided further, That $10,000,000 of the funds 
provided for the national education research institutes shall be 
allocated notwithstanding section 931(c)(2)(B) of Public Law 103-227.

                        Departmental Management


                         program administration


    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two 
passenger motor vehicles, $362,000,000.


                        office for civil rights


    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education 
Organization Act, $66,000,000.


                      office of inspector general


    For expenses necessary for the Office of Inspector General, 
as authorized by section 212 of the Department of Education 
Organization Act, $31,242,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for 
the transportation of students or teachers (or for the purchase 
of equipment for such transportation) in order to overcome 
racial imbalance in any school or school system, or for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to carry out a plan 
of racial desegregation of any school or school system.
    Sec. 302. None of the funds contained in this Act shall be 
used to require, directly or indirectly, the transportation of 
any student to a school other than the school which is nearest 
the student's home, except for a student requiring special 
education, to the school offering such special education, in 
order to comply with title VI of the Civil Rights Act of 1964. 
For the purpose of this section an indirect requirement of 
transportation of students includes the transportation of 
students to carry out a plan involving the reorganization of 
the grade structure of schools, the pairing of schools, or the 
clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described 
in this section does not include the establishment of magnet 
schools.
    Sec. 303. No funds appropriated under this Act may be used 
to prevent the implementation of programs of voluntary prayer 
and meditation in the public schools.


                          (transfer of funds)


    Sec. 304. Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit 
Control Act, as amended) which are appropriated for the 
Department of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are 
notified at least fifteen days in advance of any transfer.


                            national testing


    Sec. 305. (a) In General.--Part C of the General Education 
Provisions Act (20 U.S.C. 1231 et seq.) is amended by adding at 
the end the following:

``SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TESTING.

    ``(a) General Prohibition.--Notwithstanding any other 
provision of Federal law and except as provided in subsection 
(b), no funds provided to the Department of Education or to an 
applicable program, may be used to pilot test, field test, 
implement, administer or distribute in any way any federally 
sponsored national test in reading, mathematics, or any other 
subject that is not specifically and explicitly provided for in 
authorizing legislation enacted into law.
    ``(b) Exceptions.--Subsection (a) shall not apply to the 
Third International Mathematics and Science Study or other 
international comparative assessments developed under the 
authority of section 404(a)(6) of the National Education 
Statistics Act of 1994 (20 U.S.C. 9003(a)(6) et seq.) and 
administered to only a representative sample of pupils in the 
United States and in foreign nations.''.
    (b) Authority of National Assessment Governing Board.--
Subject to section 447 of the General Education Provisions Act, 
the exclusive authority over the direction and all policies and 
guidelines for developing voluntary national tests pursuant to 
contract RJ97153001 previously entered into between the United 
States Department of Education and the American Institutes for 
Research and executed on August 15, 1997, and subsequently 
modified by the National Assessment Governing Board on February 
11, 1998, shall continue to be vested in the National 
Assessment Governing Board established under section 412 of the 
National Education Statistics Act of 1994 (20 U.S.C. 9011).
    (c) Studies.--
            (1) Purpose, definition, and achievement levels.--
        The National Assessment Governing Board shall determine 
        and clearly articulate in a report the purpose and 
        intended use of any proposed federally sponsored 
        national test. Such report shall also include--
                    (A) a definition of the meaning of the term 
                ``voluntary'' in regards to the administration 
                of any national test; and
                    (B) a description of the achievement levels 
                and reporting methods to be used in grading any 
                national test.
        The report shall be submitted to the White House, the 
        Committees on Education and the Workforce of the House 
        of Representatives, the Committee on Labor and Human 
        Resources of the Senate, and the Committees on 
        Appropriations of the House of Representatives and the 
        Senate not later than September 30, 1999.
            (2) Response to report.--The National Assessment 
        Governing Board shall develop and submit to the 
        entities identified in paragraph (1) a report, not 
        later than September 30, 1999, that addresses and 
        responds to the findings reported by the National 
        Academy of Sciences in the report entitled ``Grading 
        the Nation's Report Card: Evaluating NAEP and 
        transforming the Assessment of Educational Progress'' 
        that assert that the achievement levels of the National 
        Assessment of Educational Progress (NAEP) are 
        fundamentally flawed.
            (3) Technical feasibility.--The National Academy of 
        Sciences shall conduct a study regarding the technical 
        feasibility, validity, and reliability of including 
        test items from the National Assessment of Educational 
        Progress (NAEP) for 4th grade reading and 8th grade 
        mathematics or from other tests in State and district 
        assessments for the purpose of providing a common 
        measure of individual student performance. The National 
        Academy of Sciences shall submit, to the entities 
        identified under paragraph (1), an interim progress 
        report not later than June 30, 1999 and a final report 
        not later than September 30, 1999.
    Sec. 306. Notwithstanding any other provision of law, any 
institution of higher education which receives funds under 
title III of the Higher Education Act, except for grants made 
under section 326, may use up to 20 percent of its award under 
part A or part B of the Act for endowment building purposes 
authorized under section 331. Any institution seeking to use 
part A or part B funds for endowment building purposes shall 
indicate such intention in its application to the Secretary and 
shall abide by departmental regulations governing the endowment 
challenge grant program.
    Sec. 307. (a) From the amount appropriated for title VI of 
the Elementary and Secondary Education Act of 1965 in 
accordance with this section, the Secretary of Education--
            (1) shall make available a total of $6,000,000 to 
        the Secretary of the Interior (on behalf of the Bureau 
        of Indian Affairs) and the outlying areas for 
        activities under this section; and
            (2) shall allocate the remainder by providing each 
        State the greater of the amount the State would receive 
        if a total of $1,124,620,000 were allocated under 
        section 1122 of the Elementary and Secondary Education 
        Act of 1965 or under section 2202(b) of the Act for 
        fiscal year 1998, except that such allocations shall be 
        ratably increased or decreased as may be necessary.
    (b)(1) Each State that receives funds under this section 
shall distribute 100 percent of such funds to local educational 
agencies, of which--
            (A) 80 percent of such amount shall be allocated to 
        such local educational agencies in proportion to the 
        number of children, aged 5 to 17, who reside in the 
        school district served by such local educational agency 
        from families with incomes below the poverty line (as 
        defined by the Office of Management and Budget and 
        revised annually in accordance with section 673(2) of 
        the Community Services Block Grant Act (42 U.S.C. 
        9902(2))) applicable to a family of the size involved 
        for the most recent fiscal year for which satisfactory 
        data is available compared to the number of such 
        individuals who reside in the school districts served 
        by all the local educational agencies in the State for 
        that fiscal year; and
            (B) 20 percent of such amount shall be allocated to 
        such local educational agencies in accordance with the 
        relative enrollments of children, aged 5 to 17, in 
        public and private nonprofit elementary and secondary 
        schools within the boundaries of such agencies;
    (2) Notwithstanding paragraph (1), if the award to a local 
educational agency under this section is less than the starting 
salary for a new teacher in that agency, the State shall not 
make the award unless the local educational agency agrees to 
form a consortium with not less than 1 other local educational 
agency for the purpose of reducing class size.
    (c)(1) Each local educational agency that receives funds 
under this section shall use such funds to carry out effective 
approaches to reducing class size with highlyqualified teachers 
to improve educational achievement for both regular and special-needs 
children, with particular consideration given to reducing class size in 
the early elementary grades for which some research has shown class 
size reduction is most effective.
    (2)(A) Each such local educational agency may pursue the 
goal of reducing class size through--
            (i) recruiting, hiring, and training certified 
        regular and special education teachers and teachers of 
        special-needs children, including teachers certified 
        through State and local alternative routes;
            (ii) testing new teachers for academic content 
        knowledge, and to meet State certification requirements 
        that are consistent with title II of the Higher 
        Education Act of 1965; and
            (iii) providing professional development to 
        teachers, including special education teachers and 
        teachers of special-needs children, consistent with 
        title II of the Higher Education Act of 1965.
    (B) A local educational agency may use not more than a 
total of 15 percent of the award received under this section 
for activities described in clauses (ii) and (iii) of 
subparagraph (A).
    (C) A local educational agency that has already reduced 
class size in the early grades to 18 or less children may use 
funds received under this section--
            (i) to make further class-size reductions in grades 
        1 through 3;
            (ii) to reduce class size in kindergarten or other 
        grades; or
            (iii) to carry out activities to improve teacher 
        quality, including professional development.
    (3) Each such agency shall use funds under this section 
only to supplement, and not to supplant, State and local funds 
that, in the absence of such funds, would otherwise be spent 
for activities under this section.
    (4) No funds made available under this section may be used 
to increase the salaries or provide benefits, other than 
participation in professional development and enrichment 
programs, to teachers who are, or have been, employed by the 
local educational agency.
    (d)(1) Each State receiving funds under this section shall 
report on activities in the State under this section, 
consistent with section 6202(a)(2) of the Elementary and 
Secondary Education Act of 1965.
    (2) Each school benefiting from this section, or the local 
educational agency serving that school, shall produce an annual 
report to parents, the general public, and the State 
educational agency, in easily understandable language, on 
student achievement that is a result of hiring additional 
highly qualified teachers and reducing class size.
    (e) If a local educational agency uses funds made available 
under this section for professional development activities, the 
agency shall ensure for the equitable participation of private 
nonprofit elementary and secondary schools in such activities. 
Section 6402 of the Elementary and Secondary Education Act of 
1965 shall not apply to other activities under this section.
    (f) Administrative Expenses.--A local educational agency 
that receives funds under this section may use not more than 3 
percent of such funds for local administrative costs.
    (g) Request for Funds.--Each local educational agency that 
desires to receive funds under this section shall include in 
the application required under section 6303 of the Elementary 
and Secondary Education Act of 1965 a description of the 
agency's program to reduce class size by hiring additional 
highly qualified teachers.
    This title may be cited as the ``Department of Education 
Appropriations Act, 1999''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the United States Soldiers' and 
Airmen's Home and the United States Naval Home, to be paid from 
funds available in the Armed Forces Retirement Home Trust Fund, 
$70,745,000, of which $15,717,000 shall remain available until 
expended for construction and renovation of the physical plants 
at the United States Soldiers' and Airmen's Home and the United 
States Naval Home: Provided, That, notwithstanding any other 
provision of law, a single contract or related contracts for 
the development and construction at the United States Soldiers' 
and Airmen's Home, to include construction of a long-term care 
facility at the United States Naval Home and conversion of 
space in the Scott building at the United States Soldiers' and 
Airmen's Home, may be employed which collectively include the 
full scope of the project: Provided further, That the 
solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18 and 
252.232-7007, Limitation of Government Obligations.

             Corporation for National and Community Service


        domestic volunteer service programs, operating expenses


    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic 
Volunteer Service Act of 1973, as amended, $276,039,000.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which 
shall be available within limitations specified by that Act, 
for the fiscal year 2001, $340,000,000: Provided, That no funds 
made available to the Corporation for Public Broadcasting by 
this Act shall be used to pay for receptions, parties, or 
similar forms of entertainment for Government officials or 
employees: Provided further, That none of the funds contained 
in this paragraph shall be available or used to aid or support 
any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis 
of race, color, national origin, religion, or sex: Provided 
further, That in addition to the amounts provided above, 
$15,000,000 shall be for digitalization, only if specifically 
authorized by subsequent legislation enacted by September 30, 
1999.

               Federal Mediation and Conciliation Service


                         salaries and expenses


    For expenses necessary for the Federal Mediation and 
Conciliation Service to carry out the functions vested in it by 
the Labor Management Relations Act, 1947 (29 U.S.C. 171-180, 
182-183), including hire of passenger motor vehicles; for 
expenses necessary for the Labor-Management Cooperation Act of 
1978 (29 U.S.C. 175a); and for expenses necessary for the 
Service to carry out the functions vested in it by the Civil 
Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$34,620,000, including $1,500,000, to remain available through 
September 30, 2000, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided, 
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and for 
arbitration services shall be credited to and merged with this 
account, and shall remain available until expended: Provided 
further, That fees for arbitration services shall be available 
only for education, training, and professional development of 
the agency workforce: Provided further, That the Director of 
the Service is authorized to accept and use on behalf of the 
United States gifts of services and real, personal, or other 
property in the aidof any projects or functions within the 
Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                         salaries and expenses


    For expenses necessary for the Federal Mine Safety and 
Health Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

                Institute of Museum and Library Services

    For carrying out subtitle B of the Museum and Library 
Services Act, $166,175,000, of which $25,000,000 shall be for 
national leadership projects, notwithstanding section 
221(a)(1)(B): Provided, That of the amount provided, 
$10,000,000, to remain available until expended, shall be 
awarded to the National Constitution Center, established by 
Public Law 100-433, for exhibition design, program planning, 
and operation of the Center to serve as a model between museums 
and libraries; $750,000 shall be for a Digital Geospatial and 
Numerical Data Library at the University of Idaho; $1,250,000 
shall be awarded to the Franklin Institute, Philadelphia, 
Pennsylvania; $2,000,000 shall be to enhance digitization at 
the New York Public Library; $35,000 shall be for the 
Children's Museum of Manhattan; $300,000 shall be for the State 
Historical Society of Iowa; and $1,100,000 shall be for the 
Museum of Science and Industry in Chicago.

                  Medicare Payment Advisory Commission


                         salaries and expenses


    For expenses necessary to carry out section 1805 of the 
Social Security Act, $7,015,000, to be transferred to this 
appropriation from the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science


                         salaries and expenses


    For necessary expenses for the National Commission on 
Libraries and Information Science, established by the Act of 
July 20, 1970 (Public Law 91-345, as amended by Public Law 102-
95), $1,000,000.

                     National Council on Disability


                         salaries and expenses


    For expenses necessary for the National Council on 
Disability as authorized by title IV of the Rehabilitation Act 
of 1973, as amended, $2,344,000.

                     National Education Goals Panel

    For expenses necessary for the National Education Goals 
Panel, as authorized by title II, part A of the Goals 2000: 
Educate America Act, $2,100,000.

                     National Labor Relations Board


                         salaries and expenses


    For expenses necessary for the National Labor Relations 
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-167), 
and other laws, $184,451,000: Provided, That no part of this 
appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning 
bargaining units composed of agricultural laborers as referred 
to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as 
amended, and as defined in section 3(f) of the Act of June 25, 
1938 (29 U.S.C. 203), and including in said definition 
employees engaged in the maintenance and operation of ditches, 
canals, reservoirs, and waterways when maintained or operated 
on a mutual, nonprofit basis and at least 95 percent of the 
water stored or supplied thereby is used for farming purposes: 
Provided further, That none of the funds made available by this 
Act shall be used in any way to promulgate a final rule 
(altering 29 CFR part 103) regarding single location bargaining 
units in representation cases.

                        National Mediation Board


                         salaries and expenses


    For expenses necessary to carry out the provisions of the 
Railway Labor Act, as amended (45 U.S.C. 151-188), including 
emergency boards appointed by the President, $8,400,000: 
Provided, That unobligated balances at the end of fiscal year 
1999 not needed for emergency boards shall remain available for 
other statutory purposes through September 30, 2000.

            Occupational Safety and Health Review Commission


                         salaries and expenses


    For expenses necessary for the Occupational Safety and 
Health Review Commission (29 U.S.C. 661), $8,100,000.

                       Railroad Retirement Board


                     dual benefits payments account


    For payment to the Dual Benefits Payments Account, 
authorized under section 15(d) of the Railroad Retirement Act 
of 1974, $189,000,000, which shall include amounts becoming 
available in fiscal year 1999 pursuant to section 224(c)(1)(B) 
of Public Law 98-76; and in addition, an amount, not to exceed 
2 percent of the amount provided herein, shall be available 
proportional to the amount by which the product of recipients 
and the average benefit received exceeds $189,000,000: 
Provided, That the total amount provided herein shall be 
credited in 12 approximately equal amounts on the first day of 
each month in the fiscal year.


          federal payments to the railroad retirement accounts


    For payment to the accounts established in the Treasury for 
the payment of benefits under the Railroad Retirement Act for 
interest earned on unnegotiated checks, $150,000, to remain 
available through September 30, 2000, which shall be the 
maximum amount available for payment pursuant to section 417 of 
Public Law 98-76.


                      limitation on administration


    For necessary expenses for the Railroad Retirement Board 
for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $90,000,000, to be derived 
in such amounts as determined by the Board from the railroad 
retirement accounts and from moneys credited to the railroad 
unemployment insurance administration fund.


             limitation on the office of inspector general


    For expenses necessary for the Office of Inspector General 
for audit, investigatory and review activities, as authorized 
by the Inspector General Act of 1978, as amended, not more than 
$5,600,000, to be derived from the railroad retirement accounts 
and railroad unemployment insurance account: Provided, That 
none of the funds made available in any other paragraph of this 
Act may be transferred to the Office; used to carry out any 
such transfer; used to provide any office space, equipment, 
office supplies, communications facilities or services, 
maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any 
personnel of the Office; used to pay any other operating 
expense of the Office; or used to reimburse the Office for any 
service provided, or expense incurred, by the Office: Provided 
further, That none of the funds made available under this 
heading in this Act, or subsequent Departments of Labor, Health 
and Human Services, and Education, and Related Agencies 
Appropriations Acts, may be used for any audit, investigation, 
or review of the Medicare Program.

                     Social Security Administration


                payments to social security trust funds


    For payment to the Federal Old-Age and Survivors Insurance 
and the Federal Disability Insurance trust funds, as provided 
under sections 201(m), 228(g), and 1131(b)(2) of the Social 
Security Act, $19,689,000.


               special benefits for disabled coal miners


    For carrying out title IV of the Federal Mine Safety and 
Health Act of 1977, $382,803,000, to remain available until 
expended.
    For making, after July 31 of the current fiscal year, 
benefit payments to individuals under title IV of the Federal 
Mine Safety and Health Act of 1977, for costs incurred in the 
current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV of the Federal 
Mine Safety and Health Act of 1977 for the first quarter of 
fiscal year 2000, $141,000,000, to remain available until 
expended.


                  supplemental security income program


    For carrying out titles XI and XVI of the Social Security 
Act, section 401 of Public Law 92-603, section 212 of Public 
Law 93-66, as amended, and section 405 of Public Law 95-216, 
including payment to the Social Security trust funds for 
administrative expenses incurred pursuant to section 201(g)(1) 
of the Social Security Act, $21,552,000,000, to remain 
available until expended: Provided, That any portion of the 
funds provided to a State in the current fiscal year and not 
obligated by the State during that year shall be returned to 
the Treasury.
    From funds provided under the previous paragraph, not less 
than $100,000,000 shall be available for payment to the Social 
Security trust funds for administrative expenses for conducting 
continuing disability reviews.
    In addition, $177,000,000, to remain available until 
September 30, 2000, for payment to the Social Security trust 
funds for administrative expenses for continuing disability 
reviews as authorized by section 103 of Public Law 104-121 and 
section 10203 of Public Law 105-33. The term ``continuing 
disability reviews'' means reviews and redeterminations as 
defined under section 201(g)(1)(A) of the Social Security Act, 
as amended.
    For making, after June 15 of the current fiscal year, 
benefit payments to individuals under title XVI of the Social 
Security Act, for unanticipated costs incurred for the current 
fiscal year, such sums as may be necessary.
    For making benefit payments under title XVI of the Social 
Security Act for the first quarter of fiscal year 2000, 
$9,550,000,000, to remain available until expended.


                 limitation on administrative expenses


    For necessary expenses, including the hire of two passenger 
motor vehicles, and not to exceed $10,000 for official 
reception and representation expenses, not more than 
$5,996,000,000 may be expended, as authorized by section 
201(g)(1) of the Social Security Act, from any one or all of 
the trust funds referred to therein: Provided, That not less 
than $1,600,000 shall be for the Social Security Advisory 
Board: Provided further, That unobligated balances at the end 
of fiscal year 1999 not needed for fiscal year 1999 shall 
remain available until expended to invest in the Social 
Security Administration computing network, including related 
equipment and non-payroll administrative expenses associated 
solely with this network: Provided further, That reimbursement 
to the trust funds under this heading for expenditures for 
official time for employees of the Social Security 
Administration pursuant to section 7131 of title 5, United 
States Code, and for facilities or support services for labor 
organizations pursuant to policies, regulations, or procedures 
referred to in section 7135(b) of such title shall be made by 
the Secretary of the Treasury, with interest, from amounts in 
the general fund not otherwise appropriated, as soon as 
possible after such expenditures are made.
    From funds provided under the previous paragraph, 
notwithstanding the provision under this heading in Public Law 
105-78 regarding unobligated balances at the end of fiscal year 
1998 not needed for such fiscal year, an amount not to exceed 
$50,000,000 from such unobligated balances shall, in addition 
to funding already available under this heading for fiscal year 
1999, be available for necessary expenses.
    From funds provided under the first paragraph, not less 
than $200,000,000 shall be available for conducting continuing 
disability reviews.
    From funds provided under the first paragraph, the 
Commissioner of Social Security shall direct $6,000,000 for 
Federal-State partnershipswhich will evaluate means to promote 
Medicare buy-in programs targeted to elderly and disabled individuals 
under titles XVIII and XIX of the Social Security Act.
    In addition to funding already available under this 
heading, and subject to the same terms and conditions, 
$355,000,000, to remain available until September 30, 2000, for 
continuing disability reviews as authorized by section 103 of 
Public Law 104-121 and section 10203 of Public Law 105-33. The 
term ``continuing disability reviews'' means reviews and 
redeterminations as defined under section 201(g)(1)(A) of the 
Social Security Act as amended.
    In addition, $75,000,000 to be derived from administration 
fees in excess of $5.00 per supplementary payment collected 
pursuant to section 1616(d) of the Social Security Act or 
section 212(b)(3) of Public Law 93-66, which shall remain 
available until expended. To the extent that the amounts 
collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 1999 exceed $75,000,000, the amounts shall be 
available in fiscal year 2000 only to the extent provided in 
advance in appropriations Acts.


                      office of inspector general


                     (including transfer of funds)


    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $12,000,000, together with not to exceed 
$44,000,000, to be transferred and expended as authorized by 
section 201(g)(1) of the Social Security Act from the Federal 
Old-Age and Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the 
``Limitation on Administrative Expenses'', Social Security 
Administration, to be merged with this account, to be available 
for the time and purposes for which this account is available: 
Provided, That notice of such transfers shall be transmitted 
promptly to the Committees on Appropriations of the House and 
Senate.

                    United States Institute of Peace


                           operating expenses


    For necessary expenses of the United States Institute of 
Peace as authorized in the United States Institute of Peace 
Act, $12,160,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human 
Services, and Education are authorized to transfer unexpended 
balances of prior appropriations to accounts corresponding to 
current appropriations provided in this Act: Provided, That 
such transferred balances are used for the same purpose, and 
for the same periods of time, for which they were originally 
appropriated.
    Sec. 502. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in 
this Act shall be used, other than for normal and recognized 
executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or use 
of any kit, pamphlet, booklet, publication, radio, television, 
or video presentation designed to support or defeat legislation 
pending before the Congress or any State legislature, except in 
presentation to the Congress or any State legislature itself.
    (b) No part of any appropriation contained in this Act 
shall be used to pay the salary or expenses of any grant or 
contract recipient, or agent acting for such recipient, related 
to any activity designed to influence legislation or 
appropriations pending before the Congress or any State 
legislature.
    Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds 
available for salaries and expenses under titles I and III, 
respectively, for official reception and representation 
expenses; the Director of the FederalMediation and Conciliation 
Service is authorized to make available for official reception and 
representation expenses not to exceed $2,500 from the funds available 
for ``Salaries and expenses, Federal Mediation and Conciliation 
Service''; and the Chairman of the National Mediation Board is 
authorized to make available for official reception and representation 
expenses not to exceed $2,500 from funds available for ``Salaries and 
expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, 
no funds appropriated under this Act shall be used to carry out 
any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    Sec. 506. (a) Purchase of American-Made Equipment and 
Products.--It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be 
American-made.
    (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a 
notice describing the statement made in subsection (a) by the 
Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests 
for proposals, bid solicitations and other documents describing 
projects or programs funded in whole or in part with Federal 
money, all grantees receiving Federal funds included in this 
Act, including but not limited to State and local governments 
and recipients of Federal research grants, shall clearly state: 
(1) the percentage of the total costs of the program or project 
which will be financed with Federal money; (2) the dollar 
amount of Federal funds for the project or program; and (3) 
percentage and dollar amount of the total costs of the project 
or program that will be financed by nongovernmental sources.
    Sec. 508. (a) None of the funds appropriated under this 
Act, and none of the funds in any trust fund to which funds are 
appropriated under this Act, shall be expended for any 
abortion.
    (b) None of the funds appropriated under this Act, and none 
of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for health benefits coverage 
that includes coverage of abortion.
    (c) The term ``health benefits coverage'' means the package 
of services covered by a managed care provider or organization 
pursuant to a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding 
section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of 
        rape or incest; or
            (2) in the case where a woman suffers from a 
        physical disorder, physical injury, or physical 
        illness, including a life-endangering physical 
        condition caused by or arising from the pregnancy 
        itself, that would, as certified by a physician, place 
        the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality,entity, or 
private person of State, local, or private funds (other than a State's 
or locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from 
offering abortion coverage or the ability of a State or 
locality to contract separately with such a provider for such 
coverage with State funds (other than a State's or locality's 
contribution of Medicaid matching funds).
    Sec. 510. Notwithstanding any other provision of law, 
hereafter--
            (1) no amount may be transferred from an 
        appropriation account for the Departments of Labor, 
        Health and Human Services, and Education except as 
        authorized in this or any subsequent appropriation Act, 
        or in the Act establishing the program or activity for 
        which funds are contained in this Act;
            (2) no department, agency, or other entity, other 
        than the one responsible for administering the program 
        or activity for which an appropriation is made in this 
        Act, may exercise authority for the timing of the 
        obligation and expenditure of such appropriation, or 
        for the purpose for which it is obligated and expended, 
        except to the extent and in the manner otherwise 
        provided in sections 1512 and 1513 of title 31, United 
        States Code; and
            (3) no funds provided under this Act shall be 
        available for the salary (or any part thereof) of an 
        employee who is reassigned on a temporary detail basis 
        to another position in the employing agency or 
        department or in any other agency or department, unless 
        the detail is independently approved by the head of the 
        employing department or agency.
    Sec. 511. (a) None of the funds made available in this Act 
may be used for--
            (1) the creation of a human embryo or embryos for 
        research purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of 
        injury or death greater than that allowed for research 
        on fetuses in utero under 45 CFR 46.208(a)(2) and 
        section 498(b) of the Public Health Service Act (42 
        U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo 
or embryos'' includes any organism, not protected as a human 
subject under 45 CFR 46 as of the date of the enactment of this 
Act, that is derived by fertilization, parthenogenesis, 
cloning, or any other means from one or more human gametes or 
human diploid cells.
    Sec. 512. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made 
available in this Act may be used for any activity that 
promotes the legalization of any drug or other substance 
included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled 
Substances Act (21 U.S.C. 812).
    (b) Exceptions.--The limitation in subsection (a) shall not 
apply when there is significant medical evidence of a 
therapeutic advantage to the use of such drug or other 
substance or that federally sponsored clinical trials are being 
conducted to determine therapeutic advantage.
    Sec. 513. None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with 
an entity if--
            (1) such entity is otherwise a contractor with the 
        United States and is subject to the requirement in 
        section 4212(d) of title 38, United States Code, 
        regarding submission of an annual report to the 
        Secretary of Labor concerning employment of certain 
        veterans; and
            (2) such entity has not submitted a report as 
        required by that section for the most recent year 
forwhich such requirement was applicable to such entity.
    Sec. 514. None of the funds made available in this Act may 
be used to pay the expenses of an election officer appointed by 
a court to oversee an election of any officer or trustee for 
the International Brotherhood of Teamsters.
    Sec. 515. Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of fiscal 
year 1999 from appropriations made available for salaries and 
expenses for fiscal year 1999 in this Act, shall remain 
available through December 31, 1999, for each such account for 
the purposes authorized: Provided, That the House and Senate 
Committees on Appropriations shall be notified at least fifteen 
days prior to the obligation of such funds.
    Sec. 516. None of the funds made available in this Act may 
be used to promulgate or adopt any final standard under section 
1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b)) 
providing for, or providing for the assignment of, a unique 
health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until 
legislation is enacted specifically approving the standard.

  TITLE VI--NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE


  establishment of national center for complementary and alternative 
                                medicine


    Sec. 601. In General.--Title IV of the Public Health 
Service Act (42 U.S.C. 281 et seq.) is amended--
            (1) by striking section 404E; and
            (2) in part E, by adding at the end the following:

``Subpart 5--National Center for Complementary and Alternative Medicine

``SEC. 485D. PURPOSE OF CENTER.

    ``(a) In General.--The general purposes of the National 
Center for Complementary and Alternative Medicine (in this 
subpart referred to as the `Center') are the conduct and 
support of basic and applied research (including both 
intramural and extramural research), research training, the 
dissemination of health information, and other programs with 
respect to identifying, investigating, and validating 
complementary and alternative treatment, diagnostic and 
prevention modalities, disciplines and systems. The Center 
shall be headed by a director, who shall beappointed by the 
Secretary. The Director of the Center shall report directly to the 
Director of NIH.
    ``(b) Advisory Council.--The Secretary shall establish an 
advisory council for the Center in accordance with section 406, 
except that at least half of the members of the advisory 
council who are not ex officio members shall include 
practitioners licensed in one or more of the major systems with 
which the Center is concerned, and at least 3 individuals 
representing the interests of individual consumers of 
complementary and alternative medicine.
    ``(c) Complement to Conventional Medicine.--In carrying out 
subsection (a), the Director of the Center shall, as 
appropriate, study the integration of alternative treatment, 
diagnostic and prevention systems, modalities, and disciplines 
with the practice of conventional medicine as a complement to 
such medicine and into health care delivery systems in the 
United States.
    ``(d) Appropriate Scientific Expertise and Coordination 
With Institutes and Federal Agencies.--The Director of the 
Center, after consultation with the advisory council for the 
Center and the division of research grants, shall ensure that 
scientists with appropriate expertise in research on 
complementary and alternative medicine are incorporated into 
the review, oversight, and management processes of all research 
projects and other activities funded by the Center. In carrying 
out this subsection, the Director of the Center, as necessary, 
may establish review groups with appropriate scientific 
expertise. The Director of the Center shall coordinate efforts 
with other Institutes and Federal agencies to ensure 
appropriate scientific input and management.
    ``(e) Evaluation of Various Disciplines and Systems.--In 
carrying out subsection (a), the Director of the Center shall 
identify and evaluate alternative and complementary medical 
treatment, diagnostic and prevention modalities in each of the 
disciplines and systems with which the Center is concerned, 
including each discipline and system in which accreditation, 
national certification, or a State license is available.
    ``(f) Ensuring High Quality, Rigorous Scientific Review.--
In order to ensure high quality, rigorous scientific review of 
complementary and alternative, diagnostic and prevention 
modalities, disciplines and systems, the Director of the Center 
shall conduct or support the following activities:
            ``(1) Outcomes research and investigations.
            ``(2) Epidemiological studies.
            ``(3) Health services research.
            ``(4) Basic science research.
            ``(5) Clinical trials.
            ``(6) Other appropriate research and 
        investigational activities.
The Director of NIH, in coordination with the Director of the 
Center, shall designate specific personnel in each Institute to 
serve as full-time liaisons with the Center in facilitating 
appropriate coordination and scientific input.
    ``(g) Data System; Information Clearinghouse.--
            ``(1) Data system.--The Director of the Center 
        shall establish a bibliographic system for the 
        collection, storage, and retrieval of worldwide 
        research relating to complementary and alternative 
        treatment, diagnostic and prevention modalities, 
        disciplines and systems. Such a system shall be 
        regularly updated and publicly accessible.
            ``(2) Clearinghouse.--The Director of the Center 
        shall establish an information clearinghouse to 
        facilitate and enhance, through the effective 
        dissemination of information, knowledge and 
        understanding of alternative medical treatment, 
        diagnostic and prevention practices by health 
        professionals, patients, industry, and the public.
    ``(h) Research Centers.--The Director of the Center, after 
consultation with the advisory council for the Center, shall 
provide support for the development andoperation of 
multipurpose centers to conduct research and other activities described 
in subsection (a) with respect to complementary and alternative 
treatment, diagnostic and prevention modalities, disciplines and 
systems. The provision of support for the development and operation of 
such centers shall include accredited complementary and alternative 
medicine research and education facilities.
    ``(i) Availability of Resources.--After consultation with 
the Director of the Center, the Director of NIH shall ensure 
that resources of the National Institutes of Health, including 
laboratory and clinical facilities, fellowships (including 
research training fellowship and junior and senior clinical 
fellowships), and other resources are sufficiently available to 
enable the Center to appropriately and effectively carry out 
its duties as described in subsection (a). The Director of NIH, 
in coordination with the Director of the Center, shall 
designate specific personnel in each Institute to serve as 
full-time liaisons with the Center in facilitating appropriate 
coordination and scientific input.
    ``(j) Availability of Appropriations.--Amounts appropriated 
to carry out this section for fiscal year 1999 are available 
for obligation through September 30, 2001. Amounts appropriated 
to carry out this section for fiscal year 2000 are available 
for obligation through September 30, 2001.
      ``(k) Technical and Conforming Amendment.--Section 
401(b)(2) of the Public Health Service Act (42 U.S.C. 281(b)(2) 
is amended by adding at the end the following:
                    `` `(F) The National Center for 
                Complementary and Alternative Medicine.'.''

                  TITLE VII--MISCELLANEOUS PROVISIONS


     rates of pay for public broadcasting and national public radio


    Sec. 701. Section 396(k)(9) of Title 47, United States 
Code, is amended by striking ``at an annual rate of pay which 
exceeds the rate of basic pay in effect from time to time for 
level I of the Executive Schedule under 5312 of title 5, United 
States Code'' and inserting ``in excess of reasonable 
compensation as determined pursuant to Section 4958 of the 
Internal Revenue Code for services that the officer or employee 
renders to organization'' after ``compensated.''
    Sec. 702. The amount of the DSH allotment for the State of 
Minnesota for fiscal year 1999, specified in the table under 
section 1923(f)(2) of the Social Security Act (as amended by 
section 4721(a)(1) of Public Law 105-33) is deemed to be 
$33,000,000.
    Sec. 703. The amount of the DSH allotment for the State of 
New Mexico for fiscal year 1999, specified in the table under 
section 1923(f)(2) of the Social Security Act (as amended by 
section 4721(a)(1) of Public Law 105-33) is deemed to be 
$9,000,000.
    Sec. 704. Notwithstanding section 1923(f)(2) of the Social 
Security Act (42 U.S.C. 1396r-4(f)(2)) (as amended by section 
4721(a)(1) of the Balanced Budget Act of 1997 (Public Law 105-
33; 111 Stat. 511), the amount of the DSH allotment for Wyoming 
for fiscal year 1999 is deemed to be $95,000.
    Sec. 705. Extension of Certain Adjudication Provisions.--
The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking 
                ``1997 and 1998'' and inserting ``1997, 1998, 
                and 1999''; and
                    (B) in subsection (e), by striking 
                ``October 1, 1998'' each place it appears and 
                inserting ``October 1, 1999''; and
            (2) in section 599E (8 U.S.C. 1255 note) in 
        subsection (b)(2), by striking ``September 30, 1998'' 
        and inserting ``September 30, 1999''.
    Sec. 706. (a) Section 2104(c) of the Social Security Act 
(42 U.S.C. 1397dd(c)) is amended by adding at the end the 
following new paragraph:
            ``(4) Additional allotment.--
                    ``(A) In general.--In addition to the 
                allotment under paragraph (1), the Secretary 
                shall allot each commonwealth and territory 
                described in paragraph (3) the applicable 
                percentage specified in paragraph (2) of the 
                amount appropriated under subparagraph (B).
                    ``(B) Appropriations.--For purposes of 
                providing allotments pursuant to subparagraph 
                (A), there is appropriated, out of any money in 
                the Treasury not otherwise appropriated 
                $32,000,000 for fiscal year 1999.''.
    (b) Section 2104(b)(1) of such Act (42 U.S.C. 1397dd(b)(1)) 
is amended by inserting ``(determined without regard to 
paragraph (4) thereof)'' after ``subsection (c)''.
    Sec. 707. Determination of Number of Children and State 
Cost Factors for Fiscal Years 1998 and 1999 for Purposes of 
State Children's Health Insurance Program (SCHIP).--
Notwithstanding any other provision of law, for purposes of 
determining the product under section 2104(b)(1)(A) of the 
Social Security Act (42 U.S.C. 1397dd(b)(1)(A)) for a State for 
each of fiscal years 1998 and 1999--
            (1) the number of children under clause (i) of such 
        section shall be the number of low-income children 
        specified for the State in Column B of the table on 
        pages 48101-48102 of the Federal Register published on 
        September 12, 1997, adjusted by the Census Bureau as 
        necessary to treat children as being without health 
        insurance if they have access to health care funded by 
        the Indian Health Service but do not have health 
        insurance; and
            (2) the State cost factor under clause (ii) of such 
        section shall be the State cost factor specified for 
        the State in Column C of such table.
    Sec. 708. (a) Extension of Deadline for Submission of 
Report by Commission To Assess the Organization of the Federal 
Government To Combat the Proliferation of Weapons of Mass 
Destruction.--Section 712(c)(1) of the Combating Proliferation 
of Weapons of Mass Destruction Act of 1996 (subtitle A of title 
VII of Public Law 104-293; 110 Stat. 3470; 50 U.S.C. 2351 note) 
is amended by striking out ``the date of the enactment of this 
Act'' and inserting in lieu thereof ``January 18, 1998''.
    (b) Membership of Commission.--Section 711 of that Act is 
amended--
            (1) in the matter preceding subsection (b)(1), by 
        striking out ``eight members'' and inserting in lieu 
        thereof ``twelve members, none of whom may, during the 
        period of their service on the Commission, be an 
        officer or employee of any department, agency, or other 
        establishment of the Executive Branch (other than the 
        Commission), and'';
            (2) in subsection (b)(2), by striking out ``one'' 
        and inserting in lieu thereof ``three'';
            (3) in subsection (b)(4), by striking out ``one'' 
        and inserting in lieu thereof ``three''; and
            (4) in subsection (e), by striking out ``the date 
        on which all members of the Commission have been 
        appointed'' and inserting in lieu thereof ``the date of 
        enactment of an Act making appropriations for the 
        Departments of Labor, Health and Human Services, and 
        Education, and related agencies, for the fiscal year 
        ending September 30, 1999, regardless of whether all 
        the members of the Commission have been appointed as of 
        that date,''.
    (c) Restrictions on Activities of Commission.--Section 
712(a) of that Act is amended by adding at the end the 
following:
            ``(4) Restrictions.--In carrying out the study 
        under paragraph (1), making the assessments under 
        paragraph (2), and addressing the matters identified in 
        paragraph (3), the Commission shall not review, 
        evaluate, or report on--
                    ``(A) United States domestic response 
                capabilities with respect to weapons of mass 
                destruction; or
                    ``(B) the adequacy or usefulness of United 
                States laws that provide for the imposition of 
                sanctions on countries or entities that engage 
                in the proliferation of weapons of mass 
                destruction.''.
    (d) Limitation on Commission Expenditures.--Section 717 of 
that Act is amended by striking out ``shall be paid'' and 
inserting in lieu thereof ``shall not exceed $1,000,000, and 
shall be paid''.


                     protection of divorced spouses


    Sec. 709. (a) In General.--Section 6(c) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231e(c)) is amended--
            (1) in the last sentence of paragraph (1), by 
        inserting ``(other than to a survivor in the 
        circumstances described in paragraph (3))'' after ``no 
        further benefits shall be paid''; and
            (2) by adding at the end the following:
            ``(3) Notwithstanding the last sentence of 
        paragraph (1), benefits shall be paid to a survivor 
        who--
                    ``(A) is a divorced wife; and
                    ``(B) through administrative error received 
                benefits otherwise precluded by the making of a 
                lump sum payment under this section to a widow;
        if that divorced wife makes an election to repay to the 
        Board the lump sum payment. The Board may withhold up 
        to 10 percent of each benefit amount paid after the 
        date of the enactment of this paragraph toward such 
        reimbursement. The Board may waive such repayment to 
        the extent the Board determines it would cause an 
        unjust financial hardship for the beneficiary.''.
    (b) Application of Amendment.--The amendment made by this 
section shall apply with respect to any benefits paid before 
the date of enactment of this Act as well as to benefits 
payable on or after the date of the enactment of this Act.
    Sec. 710. For purposes of payments to States for medical 
assistance under title XIX of the Social Security Act from 
amounts appropriated to carry out such title for fiscal year 
1999 and for any subsequent fiscal year, individuals who are 
PACE program eligible individuals under section 1934 of that 
Act and who meet the income and resource eligibility 
requirements of individuals who are eligible for medical 
assistance under section 1902(a)(10)(A)(ii)(VI) of that Act 
shall be treated as individuals described in such section 
1902(a)(10)(A)(ii)(VI) during the period of their enrollment in 
the PACE program.

                   TITLE VIII--READING EXCELLENCE ACT

                SUBTITLE I--READING AND LITERACY GRANTS

SEC. 101. AMENDMENT TO ESEA FOR READING AND LITERACY GRANTS.

    (a) In General.--Title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
            (1) by redesignating parts C and D as parts D and 
        E, respectively; and
            (2) by inserting after part B the following:

                 ``PART C--READING AND LITERACY GRANTS

``SEC. 2251. PURPOSES.

    ``The purposes of this part are as follows:
            ``(1) To provide children with the readiness skills 
        they need to learn to read once they enter school.
            ``(2) To teach every child to read in the child's 
        early childhood years--
                    ``(A) as soon as the child is ready to 
                read; or
                    ``(B) as soon as possible once the child 
                enters school, but not later than 3d grade.
            ``(3) To improve the reading skills of students, 
        and the instructional practices for current teachers 
        (and, as appropriate, other instructional staff) who 
        teach reading, through the use of findings from 
        scientifically based reading research, including 
        findings relating to phonemic awareness, systematic 
        phonics, fluency, and reading comprehension.
            ``(4) To expand the number of high-quality family 
        literacy programs.
            ``(5) To provide early literacy intervention to 
        children who are experiencing reading difficulties in 
        order to reduce the number of children who are 
        incorrectly identified as a child with a disability and 
        inappropriately referred to special education.

``SEC. 2252. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Eligible professional development provider.--
        The term `eligible professional development provider' 
        means a provider of professional development in reading 
        instruction to teachers that is based on scientifically 
        based reading research.
            ``(2) Family literacy services.--The term `family 
        literacy services' means services provided to 
        participants on a voluntary basis that are of 
        sufficient intensity in terms of hours, and of 
        sufficient duration, to make sustainable changes in a 
        family, and that integrate all of the following 
        activities:
                    ``(A) Interactive literacy activities 
                between parents and their children.
                    ``(B) Training for parents regarding how to 
                be the primary teacher for their children and 
                full partners in the education of their 
                children.
                    ``(C) Parent literacy training that leads 
                to economic self-sufficiency.
                    ``(D) An age-appropriate education to 
                prepare children for success in school and life 
                experiences.
            ``(3) Instructional staff.--The term `instructional 
        staff'--
                    ``(A) means individuals who have 
                responsibility for teaching children to read; 
                and
                    ``(B) includes principals, teachers, 
                supervisors of instruction, librarians, library 
                school media specialists, teachers of academic 
                subjects other than reading, and other 
                individuals who have responsibility for 
                assisting children to learn to read.
            ``(4) Reading.--The term `reading' means a complex 
        system of deriving meaning from print that requires all 
        of the following:
                    ``(A) The skills and knowledge to 
                understand how phonemes, or speech sounds, are 
                connected to print.
                    ``(B) The ability to decode unfamiliar 
                words.
                    ``(C) The ability to read fluently.
                    ``(D) Sufficient background information and 
                vocabulary to foster reading comprehension.
                    ``(E) The development of appropriate active 
                strategies to construct meaning from print.
                    ``(F) The development and maintenance of a 
                motivation to read.
            ``(5) Scientifically based reading research.--The 
        term `scientifically based reading research'--
                    ``(A) means the application of rigorous, 
                systematic, and objective procedures to obtain 
                valid knowledge relevant to reading 
                development, reading instruction, and reading 
                difficulties; and
                    ``(B) shall include research that--
                            ``(i) employs systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                            ``(ii) involves rigorous data 
                        analyses that are adequate to test the 
                        stated hypotheses and justify the 
                        general conclusions drawn;
                            ``(iii) relies on measurements or 
                        observational methods that provide 
                        valid data across evaluators and 
                        observers and across multiple 
                        measurements and observations; and
                            ``(iv) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.

``SEC. 2253. READING AND LITERACY GRANTS TO STATE EDUCATIONAL AGENCIES.

    ``(a) Program Authorized.--
            ``(1) In general.--Subject to the provisions of 
        this part, the Secretary shall award grants to State 
        educational agencies to carry out the reading and 
        literacy activities authorized under this section and 
        sections 2254 through 2256.
            ``(2) Limitations.--
                    ``(A) Single grant per state.--A State 
                educational agency may not receive more than 
                one grant under paragraph (1).
                    ``(B) 3-year term.--A State educational 
                agency that receives a grant under paragraph 
                (1) may expend the funds provided under the 
                grant only during the 3-year period beginning 
                on the date on which the grant is made.
    ``(b) Application.--
            ``(1) In general.--A State educational agency that 
        desires to receive a grant under this part shall submit 
        an application to the Secretary at such time and in 
        such form as the Secretary may require. The application 
        shall contain the information described in paragraph 
        (2).
            ``(2) Contents.--An application under this 
        subsection shall contain the following:
                    ``(A) An assurance that the Governor of the 
                State, in consultation with the State 
                educational agency, has established a reading 
                and literacy partnership described in 
                subsection (d), and a description of how such 
                partnership--
                            ``(i) assisted in the development 
                        of the State plan;
                            ``(ii) will be involved in advising 
                        on the selection of subgrantees under 
                        sections 2255 and 2256; and
                            ``(iii) will assist in the 
                        oversight and evaluation of such 
                        subgrantees.
                    ``(B) A description of the following:
                            ``(i) How the State educational 
                        agency will ensure that professional 
                        development activities related to 
                        reading instruction and provided under 
                        this part are--
                                    ``(I) coordinated with 
                                other State and local level 
                                funds and used effectively to 
                                improve instructional practices 
                                for reading; and
                                    ``(II) based on 
                                scientifically based reading 
                                research.
                            ``(ii) How the activities assisted 
                        under this part will address the needs 
                        of teachers and other instructional 
                        staff, and will effectively teach 
                        students to read, in schools receiving 
                        assistance under section 2255 and 2256.
                            ``(iii) The extent to which the 
                        activities will prepare teachers in all 
                        the major components of reading 
                        instruction (including phonemic 
                        awareness, systematic phonics, fluency, 
                        and reading comprehension).
                            ``(iv) How the State educational 
                        agency will use technology to enhance 
                        reading and literacy professional 
                        development activities for teachers, as 
                        appropriate.
                            ``(v) How parents can participate 
                        in literacy-related activities assisted 
                        under this part to enhance their 
                        children's reading.
                            ``(vi) How subgrants made by the 
                        State educational agency under sections 
                        2255 and 2256 will meet the 
                        requirements of this part, including 
                        how the State educational agency will 
                        ensure that subgrantees will use 
                        practices based on scientifically based 
                        reading research.
                            ``(vii) How the State educational 
                        agency will, to the extent practicable, 
                        make grants to subgrantees in both 
                        rural and urban areas.
                            ``(viii) The process that the State 
                        used to establish the reading and 
                        literacy partnership described in 
                        subsection (d).
                    ``(C) An assurance that each local 
                educational agency to which the State 
                educational agency makes a subgrant--
                            ``(i) will provide professional 
                        development for the classroom teacher 
                        and other appropriate instructional 
                        staff on the teaching of reading based 
                        on scientifically based reading 
                        research;
                            ``(ii) will provide family literacy 
                        services based on programs such as the 
                        Even Start family literacy model 
                        authorized under part B of title I, to 
                        enable parents to be their child's 
                        first and most important teacher;
                            ``(iii) will carry out programs to 
                        assist those kindergarten students who 
                        are not ready for the transition to 
                        first grade, particularly students 
                        experiencing difficulty with reading 
                        skills; and
                            ``(iv) will use supervised 
                        individuals (including tutors), who 
                        have been appropriately trained using 
                        scientifically based reading research, 
                        to provide additional support, before 
                        school, after school, on weekends, 
                        during noninstructional periods of the 
                        school day, or during the summer, for 
                        children preparing to enter 
                        kindergarten and students in 
                        kindergarten throughgrade 3 who are 
experiencing difficulty reading.
                    ``(D) An assurance that instruction in 
                reading will be provided to children with 
                reading difficulties who--
                            ``(i) are at risk of being referred 
                        to special education based on these 
                        difficulties; or
                            ``(ii) have been evaluated under 
                        section 614 of the Individuals with 
                        Disabilities Education Act but, in 
                        accordance with section 614(b)(5) of 
                        such Act, have not been identified as 
                        being a child with a disability (as 
                        defined in section 602 of the such 
                        Act).
                    ``(E) A description of how the State 
                educational agency--
                            ``(i) will build on, and promote 
                        coordination among, literacy programs 
                        in the State (including federally 
                        funded programs such as the Adult 
                        Education and Family Literacy Act and 
                        the Individuals with Disabilities 
                        Education Act), in order to increase 
                        the effectiveness of the programs in 
                        improving reading for adults and 
                        children and to avoid duplication of 
                        the efforts of the programs;
                            ``(ii) will promote reading and 
                        library programs that provide access to 
                        engaging reading material;
                            ``(iii) will make local educational 
                        agencies described in sections 
                        2255(a)(1) and 2256(a)(1) aware of the 
                        availability of subgrants under 
                        sections 2255 and 2256; and
                            ``(iv) will assess and evaluate, on 
                        a regular basis, local educational 
                        agency activities assisted under this 
                        part, with respect to whether they have 
                        been effective in achieving the 
                        purposes of this part.
                    ``(F) A description of the evaluation 
                instrument the State educational agency will 
                use for purposes of the assessments and 
                evaluations under subparagraph (E)(iv).
    ``(c) Approval of Applications.--
            ``(1) In general.--The Secretary shall approve an 
        application of a State educational agency under this 
        section only--
                    ``(A) if such application meets the 
                requirement of this section; and
                    ``(B) after taking into account the extent 
                to which the application furthers the purposes 
                of this part and the overall quality of the 
                application.
            ``(2) Peer review.--
                    ``(A) In general.--The Secretary, in 
                consultation with the National Institute for 
                Literacy, shall convene a panel to evaluate 
                applications under this section. At a minimum, 
                the panel shall include--
                            ``(i) representatives of the 
                        National Institute for Literacy, the 
                        National Research Council of the 
                        National Academy of Sciences, and the 
                        National Institute of Child Health and 
                        Human Development;
                            ``(ii) 3 individuals selected by 
                        the Secretary;
                            ``(iii) 3 individuals selected by 
                        the National Institute for Literacy;
                            ``(iv) 3 individuals selected by 
                        the National Research Council of the 
                        National Academy of Sciences; and
                            ``(v) 3 individuals selected by the 
                        National Institute of Child Health and 
                        Human Development.
                    ``(B) Experts.--The panel shall include 
                experts who are competent, by virtue of their 
                training, expertise, or experience, to evaluate 
                applications under this section, and experts 
                who provide professional development to 
                teachers of reading to children and adults, and 
                experts who provide professional development to 
                other instructional staff, based on 
                scientifically based reading research.
                    ``(C) Priority.--The panel shall recommend 
                grant applications from State educational 
                agencies under this section to the Secretary 
                for funding or for disapproval. In making such 
                recommendations, the panel shall give priority 
                to applications from State educational agencies 
                whose States have modified, are modifying, or 
                provide an assurance that not later than 18 
                months after receiving a grant under this 
                section the State educational agencies will 
                increase the training and the methods of 
                teaching reading required for certification as 
                an elementary school teacher to reflect 
                scientifically based reading research, except 
                that nothing in this Act shall be construed to 
                establish a national system of teacher 
                certification.
                    ``(D) Minimum grant amounts.--
                            ``(i) States.--Each State 
                        educational agency selected to receive 
                        a grant under this section shall 
                        receive an amount for the grant period 
                        that is not less than $500,000.
                            ``(ii) Outlying areas.--The Virgin 
                        Islands, Guam, American Samoa, and the 
                        Commonwealth of the Northern Mariana 
                        Islands selected to receive a grant 
                        under this section shall receive an 
                        amount for the grant period that is not 
                        less than $100,000.
                    ``(E) Limitation.--The Republic of the 
                Marshall Islands, the Federated States of 
                Micronesia, and the Republic of Palau shall not 
                be eligible to receive a grant under this part.
    ``(d) Reading and Literacy Partnerships.--
            ``(1) Required participants.--In order for a State 
        educational agency to receive a grant under this 
        section, the Governor of the State, in consultation 
        with the State educational agency, shall establish a 
        reading and literacy partnership consisting of at least 
        the following participants:
                    ``(A) The Governor of the State.
                    ``(B) The chief State school officer.
                    ``(C) The chairman and the ranking member 
                of each committee of the State legislature that 
                is responsible for education policy.
                    ``(D) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of at least one local educational 
                agency that is eligible to receive a subgrant 
                under section 2255.
                    ``(E) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of a community-based organization 
                working with children to improve their reading 
                skills, particularly a community-based 
                organization using tutors and scientifically 
                based reading research.
                    ``(F) State directors of appropriate 
                Federal or State programs with a strong reading 
                component.
                    ``(G) A parent of a public or private 
                school student or a parent who educates their 
                child or children in their home, selected 
                jointly by the Governor and the chief State 
                school officer.
                    ``(H) A teacher who successfully teaches 
                reading and an instructional staff member, 
                selected jointly by the Governor and the chief 
                State school officer.
                    ``(I) A family literacy service provider 
                selected jointly by the Governor and the chief 
                state school officer.
            ``(2) Optional participants.--A reading and 
        literacy partnership may include additional 
        participants, who shall be selected jointly by the 
        Governor and the chief State school officer, and who 
        may include a representative of--
                    ``(A) an institution of higher education 
                operating a program of teacher preparation 
                based on scientifically based reading research 
                in the State;
                    ``(B) a local educational agency;
                    ``(C) a private nonprofit or for-profit 
                eligible professional development provider 
                providing instruction based on scientifically 
                based reading research;
                    ``(D) an adult education provider;
                    ``(E) a volunteer organization that is 
                involved in reading programs; or
                    ``(F) a school library or a public library 
                that offers reading or literacy programs for 
                children or families.
            ``(3) Preexisting partnership.--If, before the date 
        of the enactment of the Reading Excellence Act, a State 
        established a consortium, partnership, or any other 
        similar body, that includes the Governor and the chief 
        State school officer and has, as a central part of its 
        mission, the promotion of literacy for children in 
        their early childhood years through the 3d grade and 
        family literacy services, but that does not satisfy the 
        requirements of paragraph (1), the State may elect to 
        treat that consortium, partnership, or body as the 
        reading and literacy partnership for the State 
        notwithstanding such paragraph, and it shall be 
        considered a reading and literacy partnership for 
        purposes of the other provisions of this part.

``SEC. 2254. USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES.

    ``A State educational agency that receives a grant under 
section 2253--
            ``(1) shall use not more than 5 percent of the 
        funds made available under the grant for the 
        administrative costs of carrying out this part 
        (excluding section 2256), of which not more than 2 
        percent may be used to carry out section 2259; and
            ``(2) shall use not more than 15 percent of the 
        funds made available under the grant to solicit 
        applications for, award, and oversee the performance 
        of, not less than one subgrant pursuant to section 
        2256.

``SEC. 2255. LOCAL READING IMPROVEMENT SUBGRANTS.

    ``(a) In General.--
            ``(1) Subgrants.--A State educational agency that 
        receives a grant under section 2253 shall make 
        subgrants, on a competitive basis, to local educational 
        agencies that either--
                    ``(A) have at least one school that is 
                identified for school improvement under section 
                1116(c) in the geographic area served by the 
                agency;
                    ``(B) have the largest, or second largest, 
                number of children who are counted under 
                section 1124(c), in comparison to all other 
                local educational agencies in the State; or
                    ``(C) have the highest, or second highest, 
                school-age child poverty rate, in comparison to 
                all other local educational agencies in the 
                State.
        For purposes of subparagraph (C), the term `school-age 
        child poverty rate' means the number of children 
        counted under section 1124(c) who are living within the 
        geographic boundaries of the local educational agency, 
        expressed as a percentage of the total number of 
        children aged 5-17 years living within the geographic 
        boundaries of the local educational agency.
            ``(2) Subgrant amount.--A subgrant under this 
        section shall consist of an amount sufficient to enable 
        the subgrant recipient to operate a program for a 2-
        year period and may not be revoked or terminated on the 
        grounds that a school ceases, during the grant period, 
        to meet the requirements of subparagraph (A), (B), or 
        (C) of paragraph (1).
    ``(b) Applications.--A local educational agency that 
desires to receive a subgrant under this section shall submit 
an application to the State educational agency at such time, in 
such manner, and including such information as the agency may 
require. The application--
            ``(1) shall describe how the local educational 
        agency will work with schools selected by the agency to 
        receive assistance under subsection (d)(1)--
                    ``(A) to select one or more programs of 
                reading instruction, developed using 
                scientifically based reading research, to 
                improve reading instruction by all academic 
                teachers for all children in each of the 
                schools selected by the agency under such 
                subsection and, where appropriate, for their 
                parents; and
                    ``(B) to enter into an agreement with a 
                person or entity responsible for the 
                development of each program selected under 
                subparagraph (A), or a person with experience 
                or expertise about the program and its 
                implementation, under which the person or 
                entity agrees to work with the local 
                educational agency and the schools in 
                connection with such implementation and 
                improvement efforts;
            ``(2) shall include an assurance that the local 
        educational agency--
                    ``(A) will carry out professional 
                development for the classroom teacher and other 
                instructional staff on the teaching of reading 
                based on scientifically based reading research;
                    ``(B) will provide family literacy services 
                based on programs such as the Even Start family 
                literacy model authorized under part B of title 
                I, to enable parents to be their child's first 
                and most important teacher;
                    ``(C) will carry out programs to assist 
                those kindergarten students who are not ready 
                for the transition to first grade, particularly 
                students experiencing difficulty with reading 
                skills; and
                    ``(D) will use supervised individuals 
                (including tutors), who have been appropriately 
                trained using scientifically based reading 
                research, to provide additional support, before 
                school, after school, on weekends, during 
                noninstructional periods of the school day, or 
                during the summer, for children preparing to 
                enter kindergarten and students in kindergarten 
                through grade 3 who are experiencing difficulty 
                reading;
            ``(3) shall describe how the applicant will ensure 
        that funds available under this part, and funds 
        available for reading instruction for kindergarten 
        through grade 6 from other appropriate sources, are 
        effectively coordinated, and, where appropriate, 
        integrated with funds under this Act in order to 
        improve existing activities in the areas of reading 
        instruction, professional development, program 
        improvement, parental involvement, technical 
        assistance, and other activities that can help meet the 
        purposes of this part;
            ``(4) shall describe, if appropriate, how parents, 
        tutors, and early childhood education providers willbe 
assisted by, and participate in, literacy-related activities receiving 
financial assistance under this part to enhance children's reading 
fluency;
            ``(5) shall describe how the local educational 
        agency--
                    ``(A) provides instruction in reading to 
                children with reading difficulties who--
                            ``(i) are at risk of being referred 
                        to special education based on these 
                        difficulties; or
                            ``(ii) have been evaluated under 
                        section 614 of the Individuals with 
                        Disabilities Education Act but, in 
                        accordance with section 614(b)(5) of 
                        such Act, have not been identified as 
                        being a child with a disability (as 
                        defined in section 602 of the such 
                        Act); and
                    ``(B) will promote reading and library 
                programs that provide access to engaging 
                reading material; and
            ``(6) shall include an assurance that the local 
        educational agency will make available, upon request 
        and in an understandable and uniform format, to any 
        parent of a student attending any school selected to 
        receive assistance under subsection (d)(1) in the 
        geographic area served by the local educational agency, 
        information regarding the professional qualifications 
        of the student's classroom teacher to provide 
        instruction in reading.
    ``(c) Special Rule.--To the extent feasible, a local 
educational agency that desires to receive a grant under this 
section shall form a partnership with one or more community-
based organizations of demonstrated effectiveness in early 
childhood literacy, and reading readiness, reading instruction, 
and reading achievement for both adults and children, such as a 
Head Start program, family literacy program, public library, or 
adult education program, to carry out the functions described 
in paragraphs (1) through (6) of subsection (b). In evaluating 
subgrant applications under this section, a State educational 
agency shall consider whether the applicant has satisfied the 
requirement in the preceding sentence. If not, the applicant 
must provide information on why it would not have been feasible 
for the applicant to have done so.
    ``(d) Use of Funds.--
            ``(1) In general.--Subject to paragraph (2), a 
        local educational agency that receives a subgrant under 
        this section shall use amounts from the subgrant to 
        carry out activities to advance reform of reading 
        instruction in any school that (A) is described in 
        subsection (a)(1)(A), (B) has the largest, or second 
        largest, number of children who are counted under 
        section 1124(c), in comparison to all other schools in 
        the local educational agency, or (C) has the highest, 
        or second highest, school-age child poverty rate (as 
        defined in the second sentence of subsection (a)(1)), 
        in comparison to all other schools in the local 
        educational agency. Such activities shall include the 
        following:
                    ``(A) Securing technical and other 
                assistance from--
                            ``(i) a program of reading 
                        instruction based on scientifically 
                        based reading research;
                            ``(ii) a person or entity with 
                        experience or expertise about such 
                        program and its implementation, who has 
                        agreed to work with the recipient in 
                        connection with its implementation; or
                            ``(iii) a program providing family 
                        literacy services.
                    ``(B) Providing professional development 
                activities to teachers and other instructional 
                staff (including training of tutors), using 
                scientifically based reading research and 
                purchasing of curricular and other supporting 
                materials.
                    ``(C) Promoting reading and library 
                programs that provide access to engaging 
                reading material.
                    ``(D) Providing, on a voluntary basis, 
                training to parents of children enrolled in a 
                school selected to receive assistance under 
                subsection (d)(1) on how to help their children 
                with school work, particularly in the 
                development of reading skills. Such training 
                may be provided directly by the subgrant 
                recipient, or through a grant or contract with 
                another person. Such training shall be 
                consistent with reading reforms taking place in 
                the school setting. No parent shall be required 
                to participate in such training.
                    ``(E) Carrying out family literacy services 
                based on programs such as the Even Start family 
                literacy model authorized under part B of title 
                I, to enable parents to be their child's first 
                and most important teacher.
                    ``(F) Providing instruction for parents of 
                children enrolled in a school selected to 
                receive assistance under subsection (d)(1), and 
                others who volunteer to be reading tutors for 
                such children, in the instructional practices 
                based on scientifically based reading research 
                used by the applicant.
                    ``(G) Programs to assist those kindergarten 
                students enrolled in a school selected to 
                receive assistance under subsection (d)(1) who 
                are not ready for the transition to first 
                grade, particularly students experiencing 
                difficulty with reading skills.
                    ``(H) Providing additional support for 
                children preparing to enter kindergarten and 
                students in kindergarten through grade 3 who 
                are enrolled in a school selected to receive 
                assistance under subsection (d)(1), who are 
                experiencing difficulty reading, before school, 
                after school, on weekends, during 
                noninstructional periods of the school day, or 
                during the summer, using supervised individuals 
                (including tutors), who have been appropriately 
                trained using scientifically based reading 
                research.
                    ``(I) Providing instruction in reading to 
                children with reading difficulties who--
                            ``(i) are at risk of being referred 
                        to special education based on these 
                        difficulties; or
                            ``(ii) have been evaluated under 
                        section 614 of the Individuals with 
                        Disabilities Education Act but, in 
                        accordance with section 614(b)(5) of 
                        such Act, have not been identified as 
                        being a child with a disability (as 
                        defined in section 602 of the such 
                        Act).
                    ``(J) Providing coordination of reading, 
                library, and literacy programs within the local 
                educational agency to avoid duplication and 
                increase the effectiveness of reading, library, 
                and literacy activities.
            ``(2) Limitation on administrative expenses.--A 
        recipient of a subgrant under this section may use not 
        more than 5 percent of the subgrant funds for 
        administrative costs.
    ``(e) Training Nonrecipients.--A recipient of a subgrant 
under this section may train, on a fee-for-service basis, 
personnel from schools, or local educational agencies, that are 
not a beneficiary of, or receiving, such a subgrant, in the 
instructional practices based on scientifically based reading 
research used by the recipient. Such a nonrecipient school or 
agency may use funds received under title I of this Act, and 
other appropriate Federal funds used for reading instruction, 
to pay for such training, to the extent consistent with the law 
under which such funds were received.

``SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS.

    ``(a) In General.--
            ``(1) Subgrants.--Except as provided in paragraph 
        (4), a State educational agency that receives a grant 
        under section 2253 shall make at least one subgrant on 
        a competitive basis to--
                    ``(A) local educational agencies that have 
                at least one school in the geographic area 
                served by the agency that--
                            ``(i) is located in an area 
                        designated as an empowerment zone under 
                        part I of subchapter U of chapter 1 of 
                        the Internal Revenue Code of 1986; or
                            ``(ii) is located in an area 
                        designated as an enterprise community 
                        under part I of subchapter U of chapter 
                        1 of the Internal Revenue Code of 1986;
                    ``(B) local educational agencies that have 
                at least one school that is identified for 
                school improvement under section 1116(c) in the 
                geographic area served by the agency;
                    ``(C) local educational agencies with the 
                largest, or second largest, number of children 
                who are counted under section 1124(c), in 
                comparison to all other local educational 
                agencies in the State; or
                    ``(D) local educational agencies with the 
                highest, or second highest, school-age child 
                poverty rate, in comparison to all other local 
                educational agencies in the State.
        For purposes of subparagraph (D), the term `school-age 
        child poverty rate' means the number of children 
        counted under section 1124(c) who are living within the 
        geographic boundaries of the local educational agency, 
        expressed as a percentage of the total number of 
        children aged 5-17 years living within the geographic 
        boundaries of the local educational agency.
            ``(2) Notification.--
                    ``(A) To local educational agencies.--A 
                State educational agency shall provide notice 
                to all local educational agencies within the 
                State regarding the availability of the 
                subgrants under this section.
                    ``(B) To providers and parents.--Not later 
                than 30 days after the date on which the State 
                educational agency provides notice under 
                subparagraph (A), each local educational agency 
                described in paragraph (1) shall, as a 
                condition on the agency's receipt of funds made 
                available under title I of this Act, provide 
                public notice to potential providers of 
                tutorial assistance operating in the 
                jurisdiction of the agency, and parents 
                residing in such jurisdiction, regarding the 
                availability of the subgrants under this 
                section.
            ``(3) Application.--A local educational agency that 
        desires to receive a subgrant under this section shall 
        submit an application to the State educational agency 
        at such time, in such manner, and including such 
        information as the agency may require. The application 
        shall include an assurance that the localeducational 
agency will use the subgrant funds to carry out the duties described in 
subsection (b) for children enrolled in any school selected by the 
agency that (A) is described in paragraph (1)(A), (B) is described in 
paragraph (1)(B), (C) has the largest, or second largest, number of 
children who are counted under section 1124(c), in comparison to all 
other schools in the local educational agency, or (D) has the highest, 
or second highest, school-age child poverty rate (as defined in the 
second sentence of paragraph (1)), in comparison to all other schools 
in the local educational agency.
            ``(4) Exception.--If no local educational agency 
        within the State submits an application to receive a 
        subgrant under this section within the 6-month period 
        beginning on the date on which the State educational 
        agency provided notice to the local educational 
        agencies regarding the availability of the subgrants, 
        the State educational agency may use funds otherwise 
        reserved under 2254(2) for the purpose of providing 
        local reading improvement subgrants under section 2255 
        if the State educational agency certifies to the 
        Secretary that the requirements of paragraph (2) have 
        been met and each local educational agency in the State 
        described in subparagraph (B) of such paragraph has 
        demonstrated to the State educational agency that no  
        provider  of  tutorial  assistance  described in such 
        subparagraph requested the local educational agency to 
        submit under paragraph (3) an application for a 
        tutorial assistance subgrant.
    ``(b) Use of Funds.--
            ``(1) In general.--A local educational agency that 
        receives a subgrant under this section shall carry out, 
        using the funds provided under the subgrant, each of 
        the duties described in paragraph (2).
            ``(2) Duties.--The duties described in this 
        paragraph are the provision of tutorial assistance in 
        reading, before school, after school, on weekends, or 
        during the summer, to children who have difficulty 
        reading, using instructional practices based on 
        scientifically based reading research, through the 
        following:
                    ``(A) The creation and implementation of 
                objective criteria to determine in a uniform 
                manner the eligibility of tutorial assistance 
                providers and tutorial assistance programs 
                desiring to provide tutorial assistance under 
                the subgrant. Such criteria shall include the 
                following:
                            ``(i) A record of effectiveness 
                        with respect to reading readiness, 
                        reading instruction for children in 
                        kindergarten through 3d grade, and 
                        early childhood literacy, as 
                        appropriate.
                            ``(ii) Location in a geographic 
                        area convenient to the school or 
                        schools attended by the children who 
                        will be receiving tutorial assistance.
                            ``(iii) The ability to provide 
                        tutoring in reading to children who 
                        have difficulty reading, using 
                        instructional practices based on 
                        scientifically based reading research 
                        and consistent with the reading 
                        instructional methods and content used 
                        by the school the child attends.
                    ``(B) The provision, to parents of a child 
                eligible to receive tutorial assistance 
                pursuant to this section, of multiple choices 
                among tutorial assistance providers and 
                tutorial assistance programs determined to be 
                eligible under the criteria described in 
                subparagraph (A). Such choices shall include a 
                school-based program and at least one tutorial 
                assistance program operated by a provider 
                pursuant to a contract with the local 
                educational agency.
                    ``(C) The development of procedures--
                            ``(i) for the provision of 
                        information to parents of an eligible 
                        child regarding such parents' choices 
                        for tutorial assistance for the child;
                            ``(ii) for considering children for 
                        tutorial assistance who are identified 
                        under subparagraph (D) and for whom no 
                        parent has selected a tutorial 
                        assistance provider or tutorial 
                        assistance program that give such 
                        parents additional opportunities to 
                        select a tutorial assistance provider 
                        or tutorial assistance program referred 
                        to in subparagraph (B); and
                            ``(iii) that permit a local 
                        educational agency to recommend a 
                        tutorial assistance provider or 
                        tutorial assistance program in a case 
                        where a parent asks for assistance in 
                        the making of such selection.
                    ``(D) The development of a selection 
                process for providing tutorial assistance in 
                accordance with this paragraph that limits the 
                provision of assistance to children identified, 
                by the school the child attends, as having 
                difficulty reading, including difficulty 
                mastering phonemic awareness, systematic 
                phonics, fluency, and reading comprehension.
                    ``(E) The development of procedures for 
                selecting children to receive tutorial 
                assistance, to be used in cases where 
                insufficient funds are available to provide 
                assistance with respect to all children 
                identified by a school under subparagraph (D), 
                that--
                            ``(i) give priority to children who 
                        are determined, through State or local 
                        readingassessments, to be most in need 
of tutorial assistance; and
                            ``(ii) give priority, in cases 
                        where children are determined, through 
                        State or local reading assessments, to 
                        be equally in need of tutorial 
                        assistance, based on a random selection 
                        principle.
                    ``(F) The development of a methodology by 
                which payments are made directly to tutorial 
                assistance providers who are identified and 
                selected pursuant to this section and selected 
                for funding. Such methodology shall include the 
                making of a contract, consistent with State and 
                local law, between the provider and the local 
                educational agency. Such contract shall satisfy 
                the following requirements:
                            ``(i) It shall contain specific 
                        goals and timetables with respect to 
                        the performance of the tutorial 
                        assistance provider.
                            ``(ii) It shall require the 
                        tutorial assistance provider to report 
                        to the local educational agency on the 
                        provider's performance in meeting such 
                        goals and timetables.
                            ``(iii) It shall specify the 
                        measurement techniques that will be 
                        used to evaluate the performance of the 
                        provider.
                            ``(iv) It shall require the 
                        provider to meet all applicable 
                        Federal, State, and local health, 
                        safety, and civil rights laws.
                            ``(v) It shall ensure that the 
                        tutorial assistance provided under the 
                        contract is consistent with reading 
                        instruction and content used by the 
                        local educational agency.
                            ``(vi) It shall contain an 
                        agreement by the provider that 
                        information regarding the identity of 
                        any child eligible for, or enrolled in 
                        the program, will not be publicly 
                        disclosed without the permission of a 
                        parent of the child.
                            ``(vii) It shall include the terms 
                        of an agreement between the provider 
                        and the local educational agency with 
                        respect to the provider's purchase and 
                        maintenance of adequate general 
                        liability insurance.
                            ``(viii) It shall contain 
                        provisions with respect to the making 
                        of payments to the provider by the 
                        local educational agency.
                    ``(G) The development of procedures under 
                which the local educational agency carrying out 
                this paragraph--
                            ``(i) will ensure oversight of the 
                        quality and effectiveness of the 
                        tutorial assistance provided by each 
                        tutorial assistance provider that is 
                        selected for funding;
                            ``(ii) will provide for the 
                        termination of contracts with 
                        ineffective and unsuccessful tutorial 
                        assistance providers (as determined by 
                        the local educational agency based upon 
                        the performance of the provider with 
                        respect to the goals and timetables 
                        contained in the contract between the 
                        agency and the provider under 
                        subparagraph (F));
                            ``(iii) will provide to each parent 
                        of a child identified under 
                        subparagraph (D) who requests such 
                        information for the purpose of 
                        selecting a tutorial assistance 
                        provider for the child, in a 
                        comprehensible format, information with 
                        respect to the quality and 
                        effectiveness of the tutorial 
                        assistance referred to in clause (i);
                            ``(iv) will ensure that each school 
                        identifying a child under subparagraph 
                        (D) will provide upon request, to a 
                        parent of the child, assistance in 
                        selecting, from among the tutorial 
                        assistance providers who are identified 
                        pursuant to subparagraph (B) the 
                        provider who is best able to meet the 
                        needs of the child;
                            ``(v) will ensure that parents of a 
                        child receiving tutorial assistance 
                        pursuant to this section are informed 
                        of their child's progress in the 
                        tutorial program; and
                            ``(vi) will ensure that it does not 
                        disclose the name of any child who may 
                        be eligible for tutorial assistance 
                        pursuant to this section, the name of 
                        any parent of such a child, or any 
                        other personally identifiable 
                        information about such a parent or 
                        child, to any tutorial assistance 
                        provider (excluding the agency itself), 
                        without the prior written consent of 
                        such parent.

``SEC. 2257. NATIONAL EVALUATION.

    ``From funds reserved under section 2260(b)(1), the 
Secretary, through grants or contracts, shall conduct a 
national assessment of the programs under this part. In 
developing the criteria for the assessment, the Secretary shall 
receive recommendations from the peer review panel convened 
under section 2253(c)(2).

``SEC. 2258. INFORMATION DISSEMINATION.

    ``(a) In General.--From funds reserved under section 
2260(b)(2), the National Institute for Literacy shall 
disseminate information on scientifically based reading 
research and information on subgrantee projects under section 
2255 or 2256 that have proven effective. At a minimum, the 
institute shall disseminate such information to all recipients 
of Federal financial assistance under titles I and VII of this 
Act, the Head Start Act, the Individuals with Disabilities 
Education Act, and the Adult Education and Family Literacy Act.
    ``(b) Coordination.--In carrying out this section, the 
National Institute for Literacy--
            ``(1) shall use, to the extent practicable, 
        information networks developed and maintained through 
        other public and private persons, including the 
        Secretary, the National Center for Family Literacy, and 
        the Readline Program;
            ``(2) shall work in conjunction with any panel 
        convened by the National Institute of Child Health and 
        Human Development and the Secretary and any panel 
        convened by the Office of EducationalResearch and 
Improvement to assess the current status of research-based knowledge on 
reading development, including the effectiveness of various approaches 
to teaching children to read, with respect to determining the criteria 
by which the National Institute for Literacy judges scientifically 
based reading research and the design of strategies to disseminate such 
information; and
            ``(3) may assist any State educational agency 
        selected to receive a grant under section 2253, and 
        that requests such assistance--
                    ``(A) in determining whether applications 
                submitted under section 2253 meet the 
                requirements of this title relating to 
                scientifically based reading research; and
                    ``(B) in the development of subgrant 
                application forms.

``SEC. 2259. STATE EVALUATIONS; PERFORMANCE REPORTS.

    ``(a) State Evaluations.--
            ``(1) In general.--Each State educational agency 
        that receives a grant under section 2253 shall evaluate 
        the success of the agency's subgrantees in meeting the 
        purposes of this part. At a minimum, the evaluation 
        shall measure the extent to which students who are the 
        intended beneficiaries of the subgrants made by the 
        agency have improved their reading skills.
            ``(2) Contract.--A State educational agency shall 
        carry out the evaluation under this subsection by 
        entering into a contract with an entity that conducts 
        scientifically based reading research, under which 
        contract the entity will perform the evaluation.
            ``(3) Submission.--A State educational agency shall 
        submit the findings from the evaluation under this 
        subsection to the Secretary. The Secretary shall submit 
        a summary of the findings from the evaluations under 
        this subsection and the national assessment conducted 
        under section 2257 to the appropriate committees of the 
        Congress, including the Committee on Education and the 
        Workforce of the House of Representatives and the 
        Committee on Labor and Human Resources of the Senate.
    ``(b) Performance Reports.--A State educational agency that 
receives a grant under section 2253 shall submit performance 
reports to the Secretary pursuant to a schedule to be 
determined by the Secretary, but not more frequently than 
annually. Such reports shall include--
            ``(1) with respect to subgrants under section 2255, 
        the program or programs of reading instruction, based 
        on scientifically based reading research, selected by 
        subgrantees;
            ``(2) the results of use of the evaluation referred 
        to in section 2253(b)(2)(E)(iv); and
            ``(3) a description of the subgrantees receiving 
        funds under this part.

``SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; RESERVATIONS FROM 
                    APPROPRIATIONS; SUNSET.

    ``(a) Authorizations.--
            ``(1) FY 1999.--There are authorized to be 
        appropriated to carry out this part and section 1202(c) 
        $260,000,000 for fiscal year 1999.
            ``(2) FY 2000.--There are authorized to be 
        appropriated to carry out this part and section 1202(c) 
        $260,000,000 for fiscal year 2000.
    ``(b) Reservations.--From each of the amounts appropriated 
under subsection (a) for a fiscal year, the Secretary--
            ``(1) shall reserve 1.5 percent to carry out 
        section 2257(a);
            ``(2) shall reserve $5,000,000 to carry out section 
        2258; and
            ``(3) shall reserve $10,000,000 to carry out 
        section 1202(c).
    ``(c) Sunset.--Notwithstanding section 422(a) of the 
General Education Provisions Act, this part is not subject to 
extension under such section.''.
    (b) Conforming Amendments.--
            (1) Authorization of appropriations.--Section 2003 
        of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6603) is amended--
                    (A) in subsection (a), by striking 
                ``title,'' and inserting ``title (other than 
                part C),''; and
                    (B) in subsection (b)(3), by striking 
                ``part C'' and inserting ``part D''.
            (2) Priority for professional development in 
        mathematics and science.--Section 2206 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6646) is amended by inserting ``(other than part 
        C)'' after ``for this title'' each place such term 
        appears.
            (3) Reporting and accountability.--Section 2401 of 
        the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6701) is amended by striking ``under this part'' 
        each place such term appears and inserting ``under this 
        title (other than part C)''.
            (4) Definitions.--Section 2402 of the Elementary  
        and  Secondary  Education  Act  of  1965 (20  U.S.C.  
        6701)  is  amended  by striking ``this part--'' and 
        inserting ``this title (other than part C)--''.
            (5) General definitions.--Section 14101(10)(C) of 
        the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801(10)(C)) is amended by striking ``part C'' 
        and inserting ``part D''.
            (6) Participation by private school children and 
        teachers.--Section 14503(b)(1)(B) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 
        8893(b)(1)(B)) is amended by striking ``part C'' and 
        inserting ``part D''.

     SUBTITLE II--AMENDMENTS TO EVEN START FAMILY LITERACY PROGRAMS

SEC. 201. RESERVATION FOR GRANTS.

    Section 1202(c) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6362(c)) is amended to read as follows:
    ``(c) Reservation for Grants.--
            ``(1) Grants authorized.--From funds reserved under 
        section 2260(b)(3), the Secretary shall award grants, 
        on a competitive basis, to States to enable such States 
        to plan and implement statewide family literacy 
        initiatives to coordinate and, where appropriate, 
        integrate existing Federal, State, and local literacy 
        resources consistent with the purposes of this part. 
        Such coordination and integration shall include funds 
        available under the Adult Education and Family Literacy 
        Act, the Head Start Act, this part, part A of this 
        title, and part A of title IV of the Social Security 
        Act.
            ``(2) Consortia.--
                    ``(A) Establishment.--To receive a grant 
                under this subsection, a State shall establish 
                a consortium of State-level programs under the 
                following laws:
                            ``(i) This title (other than part 
                        D).
                            ``(ii) The Head Start Act.
                            ``(iii) The Adult Education and 
                        Family Literacy Act.
                            ``(iv) All other State-funded 
                        preschool programs and programs 
                        providing literacy services to adults.
                    ``(B) Plan.--To receive a grant under this 
                subsection, the consortium established by a 
                State shall create a plan to use a portion of 
                the State's resources, derived from the 
                programs referred to in subparagraph (A), to 
                strengthen and expand family literacy services 
                in such State.
                    ``(C) Coordination with part c of title 
                ii.--The consortium shall coordinate its 
                activities with the activities of the reading 
                and literacy partnership for the State 
                established under section 2253(d), if the State 
                educational agency receives a grant under 
                section 2253.
            ``(3) Reading instruction.--Statewide family 
        literacy initiatives implemented under this subsection 
        shall base reading instruction on scientifically based 
        reading research (as such term is defined in section 
        2252).
            ``(4) Technical assistance.--The Secretary shall 
        provide, directly or through a grant or contract with 
        an organization with experience in the development and 
        operation of successful family literacy services, 
        technical assistance to States receiving a grant under 
        this subsection.
            ``(5) Matching requirement.--The Secretary shall 
        not make a grant to a State under this subsection 
        unless the State agrees that, with respect to the costs 
        to be incurred by the eligible consortium in carrying 
        out the activities for which the grant was awarded, the 
        State will make available non-Federal contributions in 
        an amount equal to not less than the Federal funds 
        provided under the grant.''.

SEC. 202. DEFINITIONS.

    Section 1202(e) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6362(e)) is amended--
            (1) by redesignating paragraphs (3) and (4) as 
        paragraphs (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) the term `family literacy services' means 
        services provided to participants on a voluntary basis 
        that are of sufficient intensity in terms of hours, and 
        of sufficient duration, to make sustainable changes in 
        a family, and that integrate all of the following 
        activities:
                    ``(A) Interactive literacy activities 
                between parents and their children.
                    ``(B) Training for parents regarding how to 
                be the primary teacher for their children and 
                full partners in the education of their 
                children.
                    ``(C) Parent literacy training that leads 
                to economic self-sufficiency.
                    ``(D) An age-appropriate education to 
                prepare children for success in school and life 
                experiences.''.

SEC. 203. EVALUATION.

    Section 1209 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6369) is amended--
            (1) in paragraph (1), by striking ``and'' at the 
        end;
            (2) in paragraph (2), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) to provide States and eligible entities 
        receiving a subgrant under this part, directly or 
        through a grant or contract with an organization with 
        experience in the development and operation of 
        successful family literacy services, technical 
        assistance to ensure local evaluations undertaken under 
        section 1205(10) provide accurate information on the 
        effectiveness of programs assisted under this part.''.

SEC. 204. INDICATORS OF PROGRAM QUALITY.

    (a) In General.--The Elementary and Secondary Education Act 
of 1965 is amended--
            (1) by redesignating section 1210 as section 1212; 
        and
            (2) by inserting after section 1209 the following:

``SEC. 1210. INDICATORS OF PROGRAM QUALITY.

    ``Each State receiving funds under this part shall develop, 
based on the best available research and evaluation data, 
indicators of program quality for programs assisted under this 
part. Such indicators shall be used to monitor, evaluate, and 
improve such programs within the State. Such indicators shall 
include the following:
            ``(1) With respect to eligible participants in a 
        program who are adults--
                    ``(A) achievement in the areas of reading, 
                writing, English language acquisition, problem 
                solving, and numeracy;
                    ``(B) receipt of a high school diploma or a 
                general equivalency diploma;
                    ``(C) entry into a postsecondary school, 
                job retraining program, or employment or career 
                advancement, including the military; and
                    ``(D) such other indicators as the State 
                may develop.
            ``(2) With respect to eligible participants in a 
        program who are children--
                    ``(A) improvement in ability to read on 
                grade level or reading readiness;
                    ``(B) school attendance;
                    ``(C) grade retention and promotion; and
                    ``(D) such other indicators as the State 
                may develop.''.
    (b) State Level Activities.--Section 1203(a) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6363(a)) is amended--
            (1) in paragraph (1), by striking ``and'' at the 
        end;
            (2) in paragraph (2), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) carrying out section 1210.''.
    (c) Award of Subgrants.--Paragraphs (3) and (4) of section 
1208(b) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6368) are amended to read as follows:
            ``(3) Continuing eligibility.--In awarding subgrant 
        funds to continue a program under this part for the 
        second, third, or fourth year, the State educational 
        agency shall evaluate the program based on the 
        indicators of program quality developed by the State 
        under section 1210. Such evaluation shall take place 
        after the conclusion of the startup period, if any.
            ``(4) Insufficient progress.--The State educational 
        agency may refuse to award subgrant funds if such 
        agency finds that the eligible entity has not 
        sufficiently improved the performance of the program, 
        as evaluated based on the indicators of program quality 
        developed by the State under section 1210, after--
                    ``(A) providing technical assistance to the 
                eligible entity; and
                    ``(B) affording the eligible entity notice 
                and an opportunity for a hearing.''.

SEC. 205. RESEARCH.

    The Elementary and Secondary Education Act of 1965, as 
amended by section 204 of this Act, is further amended by 
inserting after section 1210 the following:

``SEC. 1211. RESEARCH.

    ``(a) In General.--The Secretary shall carry out, through 
grant or contract, research into the components of successful 
family literacy services, to use--
            ``(1) to improve the quality of existing programs 
        assisted under this part or other family literacy 
        programs carried out under this Act or the Adult 
        Education and Family Literacy Act; and
            ``(2) to develop models for new programs to be 
        carried out under this Act or the Adult Education and 
        Family Literacy Act.
    ``(b) Dissemination.--The National Institute for Literacy 
shall disseminate, pursuant to section 2258, the results of the 
research described in subsection (a) to States and recipients 
of subgrants under this part.''.

                         SUBTITLE III--REPEALS

SEC. 301. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS.

    (a) Community School Partnerships.--The Community School 
Partnership Act (contained in part B of title V of the 
Improving America's Schools Act of 1994 (20 U.S.C. 1070 note) 
is repealed.
    (b) Educational Research, Development, Dissemination, and 
Improvement Act of 1994.--Section 941(j) of the Educational 
Research, Development, Dissemination, and Improvement Act of 
1994 (20 U.S.C. 6041(j)) is repealed.
    (c) Elementary and Secondary Education Act of 1965.--The 
following provisions are repealed:
            (1) Innovative elementary school transition 
        projects.--Section 1503 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6493).
            (2) De lugo territorial education improvement 
        program.--Part H of title X of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8221 et 
        seq.).
            (3) Extended time for learning and longer school 
        year.--Part L of title X of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8351).
            (4) Territorial assistance.--Part M of title X of 
        the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8371).
    (d) Family and Community Endeavor Schools.--The Family and 
Community Endeavor Schools Act (42 U.S.C. 13792) is repealed.
    (e) Goals 2000: Educate America Act.--Subsections (b) and 
(d)(1) of section 601 of the Goals 2000: Educate America Act 
(20 U.S.C. 5951) are repealed.

            SUBTITLE IV--TECHNICAL AND CONFORMING AMENDMENTS

SEC. 401. TECHNICAL AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.

            (1) Section 111(c) of the Workforce Investment Act 
        of 1998 is amended by striking ``Chairman'' and 
        inserting ``Chairperson''.
            (2) Section 112(c)(1) of such Act is amended by 
        striking ``; and'' and inserting ``; or''.
            (3) Section 116(a)(3)(D)(ii)(I)(aa) of such Act is 
        amended by striking ``; or'' and inserting ``; and''.
            (4) Section 117 of such Act is amended--
                    (A) in subsection (f)(1)(D), by striking 
                ``State'' and inserting ``Governor''; and
                    (B) in subsection (i)(1)(D)(ii), by 
                striking subclause (II), and inserting the 
                following:
                            ``(II) other representatives of 
                        employees in the local area (for a 
                        local area in which no employees are 
                        represented by such organizations).''.
            (5) Section 134(d)(4)(F) of such Act is amended by 
        adding at the end the following:
                            ``(iii) Individual training 
                        accounts.--An individual who seeks 
                        training services and who is eligible 
                        pursuant to subparagraph (A), may, in 
                        consultation with a case manager, 
                        select an eligible provider of training 
                        services from the list or identifying 
                        information for providers described in 
                        clause (ii)(I). Upon such selection, 
                        the one-stop operator involved shall, 
                        to the extent practicable, refer such 
                        individual to the eligible provider of 
                        training services, and arrange for 
                        payment for such services through an 
                        individual training account.''.
            (6) Section 159 of such Act is amended--
                    (A) in subsections (c)(1)(G) and (d)(4), by 
                striking ``post-secondary'' and inserting 
                ``postsecondary''; and
                    (B) in subsection (c)(3), by striking 
                ``containing'' and inserting ``containing,''.
            (7) Section 166(h)(3)(A) of such Act is amended by 
        striking ``paragraph (2)'' and inserting ``subparagraph 
        (B)''.
            (8) Section 167(d) of such Act is amended by 
        inserting ``and section 127(b)(1)(A)(iii)'' after 
        ``this section''.
            (9) Section 170(a)(1) of such Act is amended by 
        striking ``carry out'' and inserting ``carrying out''.
            (10) Section 170(b)(2) of such Act is amended by 
        striking ``174(b)'' and inserting ``173(b)''.
            (11) Section 171(b)(2) of such Act is amended by 
        striking ``only on a competitive'' and all that follows 
        through the period and inserting ``in accordance with 
        generally applicable Federal requirements.''.
            (12) Section 173(a)(2) of such Act is amended by 
        striking ``the Robert'' and inserting ``The Robert''.
            (13) Section 189(i)(1) of such Act is amended by 
        striking ``1997 (Public Law 104-208; 110 Stat. 3009-
        234)'' and inserting ``1998 (Public Law 105-78; 111 
        Stat. 1467).
            (14) Paragraphs (2) and (3) of section 192(a) of 
        such Act are amended by striking ``), to'' and 
        inserting ``) to''.
            (15) Section 334(b) of such Act is amended by 
        striking paragraph (2) and inserting the following:
            ``(2) Date.--The appointments of the members of the 
        Commission shall be made by February 1, 1999.''.
            (16) Section 405 of such Act is amended by striking 
        ``et seq.),'' and inserting ``et seq.)''.
            (17) Section 501(b)(1) of such Act is amended by 
        adding at the end the following: ``For purposes of this 
        paragraph, the activities and programs described in 
        subparagraphs (A) and (B) of paragraph (2) shall not be 
        considered to be 2 or more activities or programs for 
        purposes of the unified plan. Such activities or 
        programs shall be considered to be 1 activity or 
        program.''.
            (18) Section 505 of such Act is amended--
                    (A) in subsection (a), by striking ``in 
                this Act'' and inserting ``under title I, II, 
                or III or this title''; and
                    (B) in subsection (b), by striking ``under 
                this Act'' each place it appears and inserting 
                ``under title I, II, or III or this title''.
            (19) Section 506(d) of such Act is amended--
                    (A) in paragraph (1), by striking 
                ``subsection (b)'' and inserting ``subsection 
                (c)''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``planning 
                        authorized under'' after ``carry out'' 
                        each place that such appears; and
                            (ii) by striking ``the purposes'' 
                        and inserting ``the planning 
                        purposes''.

SEC. 402. TECHNICAL AMENDMENTS TO THE REHABILITATION ACT OF 1973.

    (a) Redesignation.--
            (1) The Rehabilitation Act of 1973 (as amended by 
        title IV of the Workforce Investment Act of 1998) is 
        further amended by redesignating sections 6 through 19 
        as sections 7, 8, and 10 through 21, respectively.
            (2) The table of contents for the Rehabilitation 
        Act of 1973 (as amended by section 403 of the Workforce 
        Investment Act of 1998) is further amended by striking 
        the items relating to sections 6 through 19 and 
        inserting the following:

``Sec. 7. Definitions.
``Sec. 8. Allotment percentage.
``Sec. 10. Nonduplication.
``Sec. 11. Application of other laws.
``Sec. 12. Administration of the Act.
``Sec. 13. Reports.
``Sec. 14. Evaluation.
``Sec. 15. Information clearinghouse.
``Sec. 16. Transfer of funds.
``Sec. 17. State administration.
``Sec. 18. Review of applications.
``Sec. 19. Carryover.
``Sec. 20. Client assistance information.
``Sec. 21. Traditionally underserved populations.''.

    (b) Section Headings.--
            (1) Section 1 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``Short Title.--'' and inserting 
        the following:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--''.
            (2) Section 2 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``Findings.--'' and inserting the 
        following:

``SEC. 2. FINDINGS; PURPOSE; POLICY.

    ``(a) Findings.--''.
            (3) Section 7 of such Act (as so amended and 
        redesignated in subsection (a)) is further amended by 
        striking the section heading and all that follows 
        through ``(1) The term'' and inserting the following:

``SEC. 7. DEFINITIONS.

    ``For the purposes of this Act:
            ``(1) Administrative costs.--The term''.
            (4) Section 19 of such Act (as so amended and 
        redesignated in subsection (a)) is further amended by 
        striking the section heading and all that follows 
        through ``In General.--'' and inserting the following:

``SEC. 19. CARRYOVER.

    ``(a) In General.--''.
            (5) Section 20 of such Act (as so amended and 
        redesignated in subsection (a)) is further amended by 
        striking the section heading and all that follows 
        through ``All'' and inserting the following:

``SEC. 20. CLIENT ASSISTANCE INFORMATION.

    ``All''.
            (6) Section 21 of such Act (as so amended and 
        redesignated in subsection (a)) is further amended by 
        striking the section heading and all that follows 
        through ``Findings.--'' and inserting the following:

``SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS.

    ``(a) Findings.--''.
            (7) Section 110 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``(a)(1) Subject'' and inserting 
        the following:


                           ``state allotments


    ``Sec. 110. (a)(1) Subject''.
            (8) Section 111 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``(a)(1) Except'' and inserting 
        the following:


                          ``payments to states


    ``Sec. 111. (a)(1) Except''.
            (9) Section 112 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``(a) From'' and inserting the 
        following:


                      ``client assistance program


    ``Sec. 112. (a) From''.
            (10) Section 121 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``(a) The'' and inserting the 
        following:


              ``vocational rehabilitation services grants


    ``Sec. 121. (a) The''.
            (11) Section 205 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``Establishment.--'' and inserting 
        the following:

``SEC. 205. REHABILITATION RESEARCH ADVISORY COUNCIL.

    ``(a) Establishment.--''.
            (12) Section 621 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``It'' and inserting the 
        following:

``SEC. 621. PURPOSE.

    ``It''.
            (13) Section 622 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``In General.--'' and inserting 
        the following:

``SEC. 622. ALLOTMENTS.

    ``(a) In General.--''.
            (14) Section 623 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``Funds provided under this part 
        may'' and inserting the following:

``SEC. 623. AVAILABILITY OF SERVICES.

    ``Funds provided under this part may''.
            (15) Section 624 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``An'' and inserting the 
        following:

``SEC. 624. ELIGIBILITY.

    ``An''.
            (16) Section 625 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``State Plan Supplements.--'' and 
        inserting the following:

``SEC. 625. STATE PLAN.

    ``(a) State Plan Supplements.--''.
            (17) Section 626 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``Each'' and inserting the 
        following:

``SEC. 626. RESTRICTION.

    ``Each''.
            (18) Section 627 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``Supported Employment Services.--
        '' and inserting the following:

``SEC. 627. SAVINGS PROVISION.

    ``(a) Supported Employment Services.--''.
            (19) Section 628 of such Act (as so amended) is 
        further amended by striking the section heading and all 
        that follows through ``There'' and inserting the 
        following:

``SEC. 628. AUTHORIZATION OF APPROPRIATIONS.

    ``There''.
    (c) Other Amendments.--
            (1) Section 7 of such Act (as so amended and 
        redesignated in subsection (a)) is further amended--
                    (A) in paragraph (2)(B), by striking 
                ``objectives, nature,'' and inserting 
                ``nature'';
                    (B) by striking paragraph (7);
                    (C) in paragraph (16)(A)(iii), by striking 
                ``client'' and inserting ``eligible 
                individual''; and
                    (D) in paragraph (36)(C), by striking 
                ``rehabilitation objectives'' and inserting 
                ``employment outcome''.
            (2) Section 10 of such Act (as so amended and 
        redesignated in subsection (a)) is further amended--
                    (A) by striking ``disregarded: (1)'' and 
                inserting the following: ``disregarded--
            ``(1)'';
                    (B) by striking ``(2)'' and inserting the 
                following:
            ``(2)''; and
                    (C) by striking ``No payment'' and 
                inserting the following:
``No payment''.
            (3) The second and third sentences of section 
        21(a)(3) of such Act (as so amended and redesignated in 
        subsection (a)) are further amended by striking ``are'' 
        and inserting ``is''.
            (4) Section 101(a) of such Act (as so amended) is 
        further amended--
                    (A) in paragraph (18)(C), by striking 
                ``will be utilized'' and inserting ``were 
                utilized during the preceding year''; and
                    (B) in paragraph (21)(A)(i)(II)(bb), by 
                striking ``Commission'' and inserting 
                ``commission''.
            (5) Section 102(c)(5)(F) (as so amended) is further 
        amended--
                    (A) in clause (ii), by striking ``and'' at 
                the end thereof;
                    (B) in clause (iii), by striking the period 
                and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iv) not delegate the 
                        responsibility for making the final 
                        decision to any officer or employee of 
                        the designated State unit.''.
            (6) Section 105(b) of such Act (as so amended) is 
        further amended--
                    (A) in paragraph (3)--
                            (i) by striking ``Governor'' the 
                        first place it appears and inserting 
                        ``Governor or, in the case of a State 
                        that, under State law, vests authority 
                        for the administration of the 
                        activities carried out under this Act 
                        in an entity other than the Governor 
                        (such as one or more houses of the 
                        State legislature or an independent 
                        board), the chief officer of that 
                        entity''; and
                            (ii) in the second and third 
                        sentences, by striking ``Governor'' and 
                        inserting ``appointing authority'';
                    (B) in paragraph (4)(A)(i), by striking 
                ``section 7(20)(A)'' and inserting ``section 
                7(20)(B)'';
                    (C) in paragraph (5)(B)--
                            (i) in the subparagraph heading, by 
                        striking ``governor'' and inserting 
                        ``chief executive officer''; and
                            (ii) by striking ``Governor shall'' 
                        and inserting ``appointing authority 
                        described in paragraph (3) shall''; and
                    (D) in paragraphs (6)(A)(ii) and (7)(B), by 
                striking ``Governor'' and inserting 
                ``appointing authority described in paragraph 
                (3)''.
            (7) Section 705(b) of such Act (as so amended) is 
        further amended--
                    (A) in paragraph (1)--
                            (i) by striking ``Governor'' the 
                        first place it appears and inserting 
                        ``Governor or, in the case of a State 
                        that, under State law, vests authority 
                        for the administration of the 
                        activities carried out under this Act 
                        in an entity other than the Governor 
                        (such as one or more houses of the 
                        State legislature or an independent 
                        board), the chief officer of that 
                        entity''; and
                            (ii) in the second sentence, by 
                        striking ``Governor'' and inserting 
                        ``appointing authority'';
                    (B) in paragraph (5)(B)--
                            (i) in the subparagraph heading, by 
                        striking ``governor'' and inserting 
                        ``chief executive officer''; and
                            (ii) by striking ``Governor shall'' 
                        and inserting ``appointing authority 
                        described in paragraph (3) shall''; and
                    (C) in paragraphs (6)(A)(ii) and (7)(B), by 
                striking ``Governor'' and inserting 
                ``appointing authority described in paragraph 
                (3)''.

SEC. 403. TECHNICAL AMENDMENTS TO OTHER ACTS.

    (a) Wagner-Peyser Act.--
            (1) In general.--Section 15 of the Wagner-Peyser 
        Act (as added by section 309 of the Workforce 
        Investment Act of 1998) is amended--
                    (A) in subsection (a)(2)(A)(i), by striking 
                ``of this section'' the second place it 
                appears; and
                    (B) in subsection (e)(2)(G), by striking 
                ``complementary'' and inserting 
                ``complementarity''.
            (2) Effective date.--The amendments made by 
        paragraph (1) take effect on July 2, 1999.
    (b) Older Americans Act of 1965.--Subparagraph (Q) of 
section 502(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 
3056(b)91)) (as added by section 323 of the Workforce 
Investment Act of 1998) is amended by aligning the margins of 
the subparagraph with the margins of subparagraph (P) of such 
section.

SEC. 404. TECHNICAL AMENDMENTS REGARDING ADULT EDUCATION.

    (a) References to Title.--The matter preceding paragraph 
(1) of section 203, and sections 204 and 205, of the Adult 
Education and Family Literacy Act (20 U.S.C. 9202, 9203, and 
9204) are each amended by striking ``this subtitle'' and 
inserting ``this title''.
    (b) Qualifying Adult.--Section 211(d)(1) of the Adult 
Education and Family Literacy Act (20 U.S.C. 9211(d)(1)) is 
amended by striking ``, but less than 61 years of age''.
    (c) Levels of Performance.--Section 212(b)(3)(A)(vi) of the 
Adult Education and Family Literacy Act (20 U.S.C. 
9212(b)(3)(A)(vi)) is amended by striking ``136(j)'' and 
inserting ``136(i)(1)''.
    (d) Corrections Education.--Section 225(a) of the Adult 
Education and Family Literacy Act (20 U.S.C. 9225) is amended--
            (1) in subsection (a), by striking ``or education'' 
        and inserting ``and education''; and
            (2) in subsection (c), by striking ``with'' and 
        inserting ``within''.
    (e) National Leadership Activities.--Section 243(2)(B) of 
the Adult Education and Family Literacy Act (20 U.S.C. 
9253(2)(B)) is amended by striking ``qualify'' and inserting 
``quality''.
    (f) Incentive Grants.--Section 503(a) of the Workforce 
Investment Act of 1998 (20 U.S.C. 9273(a)) is amended by 
striking ``expected'' and inserting ``adjusted''.

SEC. 405. CONFORMING AMENDMENTS.

    (a) References to Section 204 of the Immigration Reform and 
Control Act of 1986.--The table of contents for the Immigration 
Reform and Control Act of 1986 is amended by striking the item 
relating to section 204 of such Act.
    (b) References to Title II of Public Law 95-250.--Section 
103 of Public Law 95-250 (16 U.S.C. 79l) is amended--
            (1) by striking the second sentence of subsection 
        (a); and
            (2) by striking the second sentence of subsection 
        (b).
    (c) References to Subtitle C of Title VII of the Stewart B. 
McKinney Homeless Assistance Act.--
            (1) Table of contents relating to subtitle c of 
        title vii.--The table of contents of the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 11421 et 
        seq.) is amended by striking theitems relating to 
sections 731 through 737, and sections 739 through 741, of such Act.
            (2) Title vii.--Title VII of such Act is amended by 
        inserting before section 738 the following:

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

            (3) Title 31, united states code.--Section 6703(a) 
        of title 31, United States Code, is amended--
                    (A) by striking paragraph (15); and
                    (B) by redesignating paragraphs (16) 
                through (19) as paragraphs (15) through (18), 
                respectively.
    (d) References to Job Training Partnership Act Prior To 
Repeal.--
            (1) Title 5, united states code.--Section 3502(d) 
        of title 5, United States Code, is amended--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by 
                        striking clause (i) and inserting the 
                        following:
                    ``(i) the appropriate State dislocated 
                worker unit or office (referred to in section 
                311(b)(2) of the Job Training Partnership Act), 
                or the State or entity designated by the State 
                to carry out rapid response activities under 
                section 134(a)(2)(A) of the Workforce 
                Investment Act of 1998; and''; and
                            (ii) in subparagraph (B)(iii), by 
                        striking ``other services under the Job 
                        Training Partnership Act'' and 
                        inserting ``other services under the 
                        Job Training Partnership Act or under 
                        title I of the Workforce Investment Act 
                        of 1998''; and
                    (B) in paragraph (4), in the second 
                sentence, by striking ``Secretary of Labor on 
                matters relating to the Job Training 
                Partnership Act'' and inserting ``Secretary of 
                Labor on matters relating to the Job Training 
                Partnership Act or title I of the Workforce 
                Investment Act of 1998''.
            (2) Food stamp act of 1977.--
                    (A) Section 5.--Section 5(l) of the Food 
                Stamp Act of 1977 (7 U.S.C. 2014(l)) is amended 
                by striking ``Notwithstanding section 142(b) of 
                the Job Training Partnership Act (29 U.S.C. 
                1552(b)), earnings to individuals participating 
                in on-the-job training programs under section 
                204(b)(1)(C) or section 264(c)(1)(A) of the Job 
                Training Partnership Act'' and inserting 
                ``Notwithstanding section 142(b) of the Job 
                Training Partnership Act or section 181(a)(2) 
                of the Workforce Investment Act of 1998, 
                earnings to individuals participating in on-
                the-job training programs under section 
                204(b)(1)(C) or 264(c)(1)(A) of the Job 
                Training Partnership Act or in on-the-job 
                training under title I of the Workforce 
                Investment Act of 1998''.
                    (B) Section 6.--Section 6 of the Food Stamp 
                Act of 1977 (7 U.S.C. 2015) is amended--
                            (i) in subsection (d)(4)(M), by 
                        striking ``the State public employment 
                        offices and agencies operating programs 
                        under the Job Training Partnership 
                        Act'' and inserting ``the State public 
                        employment offices and agencies 
                        operating programs under the Job 
                        Training Partnership Act or of the 
                        State public employment offices and 
                        other State agencies and providers 
                        carrying out activities under title I 
                        of the Workforce Investment Act of 
                        1998'';
                            (ii) in subsection (e)(3), by 
                        striking subparagraph (A) and inserting 
                        the following:
                    ``(A) a program under the Job Training 
                Partnership Act or title I of the Workforce 
                Investment Act of 1998;''; and
                            (iii) in subsection (o)(1)(A), by 
                        striking ``Job Training Partnership Act 
                        (29 U.S.C. 1501 et seq.)'' and 
                        inserting ``Job Training Partnership 
                        Act or title I of the Workforce 
                        Investment Act of 1998''.
                    (C) Section 17.--The second sentence of 
                section 17(b)(2) of the Food Stamp Act of 1977 
                (7 U.S.C. 2026(b)(2)) is amended--
                            (i) by striking ``to accept an 
                        offer of employment from a political 
                        subdivision or a prime sponsor pursuant 
                        to the Comprehensive Employment and 
                        Training Act of 1973, as amended (29 
                        U.S.C. 812),'' and inserting ``to 
                        accept an offer of employment from a 
                        political subdivision or provider 
                        pursuant to a program carried out under 
                        the Job Training Partnership Act or 
                        title I of the Workforce Investment Act 
                        of 1998,''; and
                            (ii) by striking ``: Provided, That 
                        all of the political subdivision's'' 
                        and all that follows and inserting ``, 
                        if all of the jobs supported under the 
                        program have been made available to 
                        participants in the program before the 
                        political subdivision or provider 
                        providing the jobs extends an offer of 
                        employment under this paragraph, and if 
                        the political subdivision or provider, 
                        in employing the person, complies with 
                        the requirements of Federal law that 
                        relate to the program.''.
            (3) Personal responsibility and work opportunity 
        reconciliation act of 1996.--
                    (A) Section 403(c)(2)(K) of the Personal 
                Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 
                1613(c)(2)(K)) is amended by striking ``Job 
                Training Partnership Act'' and inserting ``Job 
                Training Partnership Act or title I of the 
                Workforce Investment Act of 1998''.
                    (B) Section 423(d)(11) of the Personal 
                Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1183a 
                note) is amended by striking ``Job Training 
                Partnership Act'' and inserting ``Job Training 
                Partnership Act or title I of the Workforce 
                Investment Act of 1998''.
            (4) Immigration and nationality act.--Section 
        245A(h)(4)(F) of the Immigration and Nationality Act (8 
        U.S.C. 1255a(h)(4)(F)) is amended by striking ``The Job 
        Training Partnership Act.'' and inserting ``The Job 
        Training Partnership Act or title I of the Workforce 
        Investment Act of 1998.''.
            (5) Refugee education assistance act of 1980.--
        Section 402(a)(4) of the Refugee Education Assistance 
        Act of 1980 (8 U.S.C. 1522 note) is amended by striking 
        ``the Comprehensive Employment and Training Act of 
        1973'' and inserting ``the Job Training Partnership Act 
        or title I of the Workforce Investment Act of 1998''.
            (6) National defense authorization act for fiscal 
        year 1991.--Section 4003(5)(C) of the National Defense 
        Authorization Act for Fiscal Year 1991 (10 U.S.C. 2391 
        note) is amended by inserting before the period the 
        following: ``, as in effect on the day before the date 
        of enactment of the Workforce Investment Act of 1998''.
            (7) National defense authorization act for fiscal 
        year 1993.--
                    (A) Section 3161.--Section 3161(c)(6) of 
                the National Defense Authorization Act for 
                Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) is 
                amended by striking subparagraph (A) and 
                inserting the following:
                    ``(A) programs carried out by the Secretary 
                of Labor under the Job Training Partnership Act 
                or title I of the Workforce Investment Act of 
                1998;''.
                    (B) Section 4461.--Section 4461(1) of the 
                National Defense Authorization Act for Fiscal 
                Year 1993 (10 U.S.C. 1143 note) is amended by 
                striking ``The Job Training Partnership Act (29 
                U.S.C. 1501 et seq.).'' and inserting ``The Job 
                Training Partnership Act or title I of the 
                Workforce Investment Act of 1998.''.
                    (C) Section 4471.--Section 4471 of the 
                National Defense Authorization Act for Fiscal 
                Year 1993 (10 U.S.C. 2501 note) is amended--
                            (i) in subsection (c)(2), by 
                        striking ``the State dislocated'' and 
                        all that follows through ``and the 
                        chief'' and inserting ``the State 
                        dislocated worker unit or office 
                        referred to in section 311(b)(2) of the 
                        Job Training Partnership Act, or the 
                        State or entity designated by the State 
                        to carry out rapid response activities 
                        under section 134(a)(2)(A) of the 
                        Workforce Investment Act of 1998, and 
                        the chief'';
                            (ii) in subsection (d)--
                                    (I) in the first sentence, 
                                by striking ``for training, 
                                adjustment assistance, and 
                                employment services'' and all 
                                that follows through ``except 
                                where'' and inserting ``for 
                                training, adjustment 
                                assistance, and employment 
                                services under section 325 or 
                                325A of the Job Training 
                                Partnership Act or to 
                                participate in employment and 
                                training activities carried out 
                                under title I of the Workforce 
                                Investment Act of 1998, except 
                                in a case in which''; and
                                    (II) by striking the second 
                                sentence; and
                            (iii) in subsection (e), by 
                        striking ``for training,'' and all that 
                        follows through ``beginning'' and 
                        inserting ``, on the basis of any 
                        related reduction in funding under the 
                        contract, for training, adjustment 
                        assistance, and employment services 
                        under section 325 or 325A of the Job 
                        Training Partnership Act or to 
                        participate in employment and training 
                        activities under title I of the 
                        Workforce Investment Act of 1998, 
                        beginning''.
                    (D) Section 4492.--Section 4492(b) of the 
                National Defense Authorization Act for Fiscal 
                Year 1993 (10 U.S.C. 1143 note) is amended by 
                striking ``the Job Training Partnership Act'' 
                and inserting ``the Job Training Partnership 
                Act or title I of the Workforce Investment Act 
                of 1998''.
            (8) National defense authorization act for fiscal 
        year 1994.--Section 1333(c)(2)(B) of the National 
        Defense Authorization Act for Fiscal Year 1994 (10 
        U.S.C. 2701 note) is amended by striking ``Private 
        industry councils (as described in section 102 of the 
        Job Training Partnership Act (29 U.S.C. 1512)).'' and 
        inserting ``Private industry councils as described in 
        section 102 of the Job Training Partnership Act or 
        local workforce investment boards established under 
        section 117 of the Workforce Investment Act of 1998.''.
            (9) National defense authorization act for fiscal 
        year 1998.--Section 2824(c)(5) of the National Defense 
        Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 
        note) is amended by striking ``Job Training Partnership 
        Act'' and inserting ``Job Training Partnership Act or 
        title I of the Workforce Investment Act of 1998''.
            (10) Small business act.--The fourth sentence of 
        section 7(j)(13)(E) of the Small Business Act (15 
        U.S.C. 636(j)(13)(E)) is amended by striking ``the Job 
        Training Partnership Act (29 U.S.C. 1501 et seq.)'' and 
        inserting ``the Job Training Partnership Act or title I 
        of the Workforce Investment Act of 1998''.
            (11) Employment act of 1946.--Section 4(f)(2)(B) of 
        the Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)) 
        is amended by striking ``and include these in the 
        annual Employment and Training Report of the President 
        required under section 705(a) of the Comprehensive 
        Employment and Training Act of 1973 (hereinafter in 
        this Act referred to as `CETA')'' and inserting ``and 
        prepare and submit to the President an annual report 
        containing the recommendations''.
            (12) Full employment and balanced growth act of 
        1978.--
                    (A) Section 206.--Section 206 of the Full 
                Employment and Balanced Growth Act of 1978 (15 
                U.S.C. 3116) is amended--
                            (i) in subsection (b)--
                                    (I) in the matter preceding 
                                paragraph (1), by striking 
                                ``CETA'' and inserting ``the 
                                Job Training Partnership Act 
                                and title I of the Workforce 
                                Investment Act of 1998''; and
                                    (II) in paragraph (1), by 
                                striking ``(including use of 
                                section 110 of CETA when 
                                necessary)''; and
                            (ii) in subsection (c)(1), by 
                        striking ``CETA'' and inserting 
                        ``activities carried out under the Job 
                        Training Partnership Act or title I of 
                        the Workforce Investment Act of 1998''.
                    (B) Section 401.--Section 401(d) of the 
                Full Employment and Balanced Growth Act of 1978 
                (15 U.S.C. 3151(d)) is amended by striking 
                ``include, in the annual Employment and 
                Training Report of the President provided under 
                section 705(a) of CETA,'' and inserting 
                ``include, in the annual report referred to in 
                section 4(f)(2)(B) of the Employment Act of 
                1946 (15 U.S.C. 1022a(f)(2)(B)),''.
            (13) Title 18, united states code.--Subsections 
        (a), (b), and (c) of section 665 of title 18, United 
        States Code are amended by striking ``the Comprehensive 
        Employment and Training Act or the Job Training 
        Partnership Act'' and inserting ``the Job Training 
        Partnership Act or title I of the Workforce Investment 
        Act of 1998''.
            (14) Trade act of 1974.--
                    (A) Section 236.--Section 236(a)(5)(B) of 
                the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) 
                is amended by striking ``section 303 of the Job 
                Training Partnership Act'' and inserting 
                ``section 303 of the Job Training Partnership 
                Act or title I of the Workforce Investment Act 
                of 1998''.
                    (B) Section 239.--Section 239(e) of the 
                Trade Act of 1974 (19 U.S.C. 2311(e)) is 
                amended by striking ``under title III of the 
                Job Training Partnership Act'' and inserting 
                ``under title III of the Job Training 
                Partnership Act or title I of the Workforce 
                Investment Act of 1998''.
            (15) Higher education act of 1965.--
                    (A) Section 418a.--Subsections 
                (b)(1)(B)(ii) and (c)(1)(A) of section 418A of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1070d-2) are amended by striking ``section 402 
                of the Job Training Partnership Act'' and 
                inserting ``section 402 of the Job Training 
                Partnership Act or section 167 of the Workforce 
                Investment Act of 1998''.
                    (B) Section 480.--Section 480(b)(14) of the 
                Higher Education Act of 1965 (20 U.S.C. 
                1087vv(b)(14)) is amended by striking ``Job 
                Training Partnership Act noneducational 
                benefits'' and inserting ``Job Training 
                Partnership Act noneducational benefits or 
                benefits received through participation in 
                employment and training activities under title 
                I of the Workforce Investment Act of 1998''.
            (16) Department of education organization act.--
        Subsection (a) of section 302 of the Department of 
        Education Organization Act (20 U.S.C. 3443(a)) is 
        amended by striking ``under section 303(c)(2) of the 
        Comprehensive Employment and Training Act'' and 
        inserting ``relating to such education''.
            (17) National skill standards act of 1994.--
                    (A) Section 504.--Section 504(c)(3) of the 
                National Skill Standards Act of 1994 (20 U.S.C. 
                5934(c)(3)) is amended by striking ``the 
                Capacity Building and Information and 
                Dissemination Network established under section 
                453(b) of the Job Training Partnership Act (29 
                U.S.C. 1733(b)) and''.
                    (B) Section 508.--Section 508(1) of the 
                National Skill Standards Act of 1994 (20 U.S.C. 
                5938(1)) is amended to read as follows:
            ``(1) Community-based organization.--The term 
        `community-based organization' means a private 
        nonprofit organization that is representative of a 
        community or a significant segment of a community and 
        that has demonstrated expertise and effectiveness in 
        the field of workforce investment.''.
            (18) Elementary and secondary education act of 
        1965.--
                    (A) Section 1205.--Section 1205(8)(B) of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6365(8)(B)) is amended by 
                striking ``the Job Training Partnership Act'' 
                and inserting ``the Job Training Partnership 
                Act and title I of the Workforce Investment Act 
                of 1998''.
                    (B) Section 1414.--Section 1414(c)(8) of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6434(c)(8)) is amended by 
                striking ``programs under the Job Training 
                Partnership Act,'' and inserting ``programs 
                under the Job Training Partnership Act or title 
                I of the Workforce Investment Act of 1998,''.
                    (C) Section 1423.--Section 1423(9) of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6453(9)) is amended by striking 
                ``programs under the Job Training and 
                Partnership Act'' and inserting ``programs 
                under the Job Training Partnership Act or title 
                I of the Workforce Investment Act of 1998''.
                    (D) Section 1425.--Section 1425(9) of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6455(9)) is amended by striking ``, 
                such as funds under the Job Training 
                Partnership Act,'' and inserting ``, such as 
                funds made available under the Job Training 
                Partnership Act or title I of the Workforce 
                Investment Act of 1998,''.
            (19) District of columbia school reform act of 
        1995.--Section 2604(c)(2)(B)(ii) of the District of 
        Columbia School Reform Act of 1995 (Public Law 104-134; 
        110 Stat. 1321-145) is amended by striking ``Job 
        Training Partnership Act (29 U.S.C. 1501 et seq.)'' and 
        inserting ``Job Training Partnership Act or title I of 
        the Workforce Investment Act of 1998''.
            (20) Freedom support act.--The last sentence of 
        section 505 of the FREEDOM Support Act (22 U.S.C. 5855) 
        is amended by striking ``, through the Defense 
        Conversion'' and all that follows through ``or 
        through'' and inserting ``or through''.
            (21) Emergency jobs and unemployment assistance act 
        of 1974.--
                    (A) Section 204.--Section 204(b) of the 
                Emergency Jobs and Unemployment Assistance Act 
                of 1974 (26 U.S.C. 3304 note) is amended by 
                striking ``designate as an area'' and all that 
                follows and inserting ``designate as an area 
                under this section an area that is a service 
                delivery area established under section 101 of 
                the Job Training Partnership Act (except that 
                after local workforce investment areas are 
                designated under section 116 of the Workforce 
                Investment Act of 1998 for the State involved, 
                the corresponding local workforce investment 
                area shall be considered to be the area 
                designated under this section) or a local 
                workforce investment area designated under 
                section 116 of the Workforce Investment Act of 
                1998.''.
                    (B) Section 223.--Section 223 of the 
                Emergency Jobs and Unemployment Assistance Act 
                of 1974 (26 U.S.C. 3304 note) is amended--
                            (i) in paragraph (3), by striking 
                        ``assistance provided'' and all that 
                        follows and inserting ``assistance 
                        provided under the Job Training 
                        Partnership Act or title I of the 
                        Workforce Investment Act of 1998;''; 
                        and
                            (ii) in paragraph (4), by striking 
                        ``funds provided'' and all that follows 
                        and inserting ``funds provided under 
                        the Job Training Partnership Act or 
                        title I of the Workforce Investment Act 
                        of 1998;''.
            (22) Job training reform amendments of 1992.--
        Section 701 of the Job Training Reform Amendments of 
        1992 (29 U.S.C. 1501 note) is repealed.
            (23) Public law 98-524.--Section 7 of Public Law 
        98-524 (29 U.S.C. 1551 note) is repealed.
            (24) Veterans' benefits and programs improvement 
        act of 1988.--Section 402 of the Veterans' Benefits and 
        Programs Improvement Act of 1988 (29 U.S.C. 1721 note) 
        is amended--
                    (A) in subsection (a), by striking ``title 
                III of the Job Training Partnership Act (29 
                U.S.C. 1651 et seq.)'' and inserting ``title 
                III of the Job Training Partnership Act or 
                title I of the Workforce Investment Act of 
                1998'';
                    (B) in subsection (c), by striking 
                ``Training, in consultation with the office 
                designated or created under section 322(b) of 
                the Job Training Partnership Act,'' and 
                inserting ``Training, in consultation with the 
                unit or office designated or created under 
                section 322(b) of the Job Training Partnership 
                Act or any successor to such unit or office 
                under title I of the Workforce Investment Act 
                of 1998,''; and
                    (C) in subsection (d)--
                            (i) in paragraph (1)(A), by 
                        striking ``part C'' and all that 
                        follows through ``; and'' and inserting 
                        ``part C of title IV of the Job 
                        Training Partnership Act or title I of 
                        the Workforce Investment Act of 1998; 
                        and''; and
                            (ii) in paragraph (2), by striking 
                        ``Employment and training'' and all 
                        that follows and inserting ``Employment 
                        and training activities for dislocated 
                        workers under title III of the Job 
                        Training Partnership Act or title I of 
                        the Workforce Investment Act of 
                        1998.''.
            (25) Veterans' job training act.--
                    (A) Section 13.--Section 13(b) of the 
                Veterans' Job Training Act (29 U.S.C. 1721 
                note) is amended by striking ``assistance under 
                the Job Training Partnership Act (29 U.S.C. 
                1501 et seq.)'' and inserting ``assistance 
                under the Job Training Partnership Act or title 
                I of the Workforce Investment Act of 1998''.
                    (B) Section 14.--Section 14(b)(3)(B)(i)(II) 
                of the Veterans' Job Training Act (29 U.S.C. 
                1721 note) is amended by striking ``under part 
                C of title IV of the Job Training Partnership 
                Act (29 U.S.C. 1501 et seq.)'' and inserting 
                ``under part C of title IV the Job Training 
                Partnership Act or title I of the Workforce 
                Investment Act of 1998''.
                    (C) Section 15.--Section 15(c)(2) of the 
                Veterans' Job Training Act (29 U.S.C. 1721 
                note) is amended--
                            (i) in the second sentence, by 
                        striking ``part C of title IV of the 
                        Job Training Partnership Act (29 U.S.C. 
                        1501 et seq.)'' and inserting ``part C 
                        of title IV of the Job Training 
                        Partnership Act or title I of the 
                        Workforce Investment Act of 1998''; and
                            (ii) in the third sentence, by 
                        striking ``title III of that Act'' and 
                        inserting ``title III of the Job 
                        Training Partnership Act or title I of 
                        the Workforce Investment Act of 1998''.
            (26) Worker adjustment and retraining notification 
        act.--Section 3(a)(2) of the Worker Adjustment and 
        Retraining Notification Act (29 U.S.C. 2102(a)(2)) is 
        amended by striking ``to the State'' and all that 
        follows through ``and the chief'' and inserting ``to 
        the State dislocated worker unit or office (referred to 
        in section 311(b)(2) of the Job Training and 
        Partnership Act), or the State or entity designated by 
        the State to carry out rapid response activities under 
        section 134(a)(2)(A) of the Workforce Investment Act of 
        1998, and the chief''.
            (27) Title 31, united states code.--Section 6703(a) 
        of title 31, United States Code, is amended by striking 
        paragraph (4) and inserting the following:
            ``(4) Programs under title II or IV of the Job 
        Training Partnership Act or under title I of the 
        Workforce Investment Act of 1998.''.
            (28) Veterans' rehabilitation and education 
        amendments of 1980.--Section 512 of the Veterans' 
        Rehabilitation and Education Amendments of 1980 (38 
        U.S.C. 4101 note) is amended by striking ``the 
        Comprehensive Employment and Training Act (29 U.S.C. et 
        seq.),'' and inserting ``the Job Training Partnership 
        Act or title I of the Workforce Investment Act of 
        1998,''.
            (29) Title 38, united states code.--
                    (A) Section 4102a.--Section 4102A(d) of 
                title 38, United States Code, is amended by 
                striking ``the Job Training Partnership Act'' 
                and inserting ``the Job Training Partnership 
                Act and title I of the Workforce Investment Act 
                of 1998''.
                    (B) Section 4103a.--Section 4103A(c)(4) of 
                title 38, United States Code, is amended by 
                striking ``(including part C of title IV of the 
                Job Training Partnership Act (29 U.S.C. 1501 et 
                seq.))'' and inserting ``including part C of 
                title IV of the Job Training Partnership Act 
                and title I of the Workforce Investment Act of 
                1998''.
                    (C) Section 4213.--Section 4213 of title 
                38, United States Code, is amended by striking 
                ``program assisted under the Job Training 
                Partnership Act (29 U.S.C. 1501 et seq.),'' and 
                inserting ``program carried out under the Job 
                Training Partnership Act or title I of the 
                Workforce Investment Act of 1998,''.
            (30) Social security act.--Section 403(a)(5) of 
        Social Security Act (42 U.S.C. 603(a)(5)) is amended--
                    (A) in subparagraph (A)(vii)(I), by 
                striking ``(as described in section 103(c) of 
                the Job Training Partnership Act)'' and 
                inserting ``(as described in section 103(c) of 
                the Job Training Partnership Act or defined in 
                section 101 of the Workforce Investment Act of 
                1998)''; and
                    (B) in subparagraph (D)--
                            (i) in clause (ii), by striking 
                        ``means, with respect to a service 
                        delivery area, the private industry 
                        council (or successor entity) 
                        established for the service delivery 
                        area pursuant to the Job Training 
                        Partnership Act'' and inserting 
                        ``means, with respect to a service 
                        delivery area, the private industry 
                        council or local workforce investment 
                        board established for the service 
                        delivery area pursuant to the Job 
                        Training Partnership Act or title I of 
                        the Workforce Investment Act of 1998, 
                        as appropriate''; and
                            (ii) in clause (iii), by striking 
                        ``shall have the meaning given such 
                        term (or the successor to such term) 
                        for purposes of the Job Training 
                        Partnership Act'' and inserting ``shall 
                        have the meaning given such term for 
                        purposes of the Job Training 
                        Partnership Act or shall mean a local 
                        area as defined in section 101 of the 
                        Workforce Investment Act of 1998, as 
                        appropriate''.
            (31) United states housing act.--Section 23 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437u) is 
        amended--
                    (A) in subsection (b)(2)(A), by striking 
                ``the Job Training'' and all that follows 
                through ``or the'' and inserting ``the Job 
                Training Partnership Act or title I of the 
                Workforce Investment Act of 1998 or the'';
                    (B) in the first sentence of subsection 
                (f)(2), by striking ``programs under the'' and 
                all that follows through ``and the'' and 
                inserting ``programs under the Job Training 
                Partnership Act or title I of the Workforce 
                Investment Act of 1998 or the''; and
                    (C) in subsection (g)--
                            (i) in paragraph (2), by striking 
                        ``programs under the'' and all that 
                        follows through ``and the'' and 
                        inserting ``programs under the Job 
                        Training Partnership Act or title I of 
                        the Workforce Investment Act of 1998 or 
                        the''; and
                            (ii) in paragraph (3)(H), by 
                        striking ``program under'' and all that 
                        follows through ``and any other'' and 
                        inserting ``programs under the Job 
                        Training Partnership Act or title I of 
                        the Workforce Investment Act of 1998 
                        and any other''.
            (32) Housing act of 1949.--Section 504(c)(3) of the 
        Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended 
        by striking ``pursuant to'' and all that follows 
        through ``or the'' and inserting ``pursuant tothe Job 
Training Partnership Act or title I of the Workforce Investment Act of 
1998 or the''.
            (33) Older americans act of 1965.--
                    (A) Section 203.--Section 203 of the Older 
                Americans Act of 1965 (42 U.S.C. 3013) is 
                amended--
                            (i) in subsection (a)(2), by 
                        striking the last sentence and 
                        inserting the following: ``In 
                        particular, the Secretary of Labor 
                        shall consult and cooperate with the 
                        Assistant Secretary in carrying out the 
                        Job Training Partnership Act and title 
                        I of the Workforce Investment Act of 
                        1998.''; and
                            (ii) in subsection (b), by striking 
                        paragraph (1) and inserting the 
                        following:
            ``(1) the Job Training Partnership Act or title I 
        of the Workforce Investment Act of 1998,''.
                    (B) Section 502.--Section 502 of the Older 
                Americans Act of 1965 (42 U.S.C. 3056) is 
                amended--
                            (i) in subsection (b)(1)(N)(i), by 
                        striking ``the Job Training Partnership 
                        Act (29 U.S.C. 1501 et seq.)'' and 
                        inserting ``the Job Training 
                        Partnership Act and title I of the 
                        Workforce Investment Act of 1998''; and
                            (ii) in subsection (e)(2)(C), by 
                        striking ``programs carried out under 
                        section 124 of the Job Training 
                        Partnership Act (29 U.S.C. 1534)'' and 
                        inserting ``programs carried out under 
                        the Job Training Partnership Act and 
                        title I of the Workforce Investment Act 
                        of 1998''.
                    (C) Section 503.--Section 503(b)(1) of the 
                Older Americans Act of 1965 (42 U.S.C. 
                3056a(b)(1)) is amended--
                            (i) in the first sentence, by 
                        striking ``the Job Training Partnership 
                        Act'' and inserting ``the Job Training 
                        Partnership Act and title I of the 
                        Workforce Investment Act of 1998''; and
                            (ii) in the first sentence, by 
                        striking ``the Job Training Partnership 
                        Act'' and inserting ``the Job Training 
                        Partnership Act or title I of the 
                        Workforce Investment Act of 1998''.
                    (D) Section 510.--Section 510 of the Older 
                Americans Act of 1965 (42 U.S.C. 3056h) is 
                amended by striking the matter following the 
                section heading and inserting the following:
    ``In the case of projects under this title carried out 
jointly with programs carried out under the Job Training 
Partnership Act, eligible individuals shall be deemed to 
satisfy the requirements of sections 203 and 204(d)(5)(A) of 
such Act (29 U.S.C. 1603, 1604(d)(5)(A)) that are applicable to 
adults. In the case of projects under this title carried out 
jointly with programs carried out under subtitle B of title I 
of the Workforce Investment Act of 1998, eligible individuals 
shall be deemed to satisfy the requirements of section 134 of 
such Act.''.
            (34) Omnibus crime control and safe streets act of 
        1968.--Section 1801(b)(3) of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) 
        is amended by striking ``activities carried out under 
        part B of title IV of the Job Training Partnership Act 
        (relating to Job Corps) (29 U.S.C. 1691 et seq.)'' and 
        inserting ``activities carried out under part B of 
        title IV of the Job Training Partnership Act or 
        subtitle C of title I of the Workforce Investment Act 
        of 1998 (relating to Job Corps)''.
            (35) Environmental programs assistance act of 
        1984.--The second sentence of section 2(a) of the 
        Environmental Programs Assistance Act of 1984 (42 
        U.S.C. 4368a(a)) is amended by striking ``and title IV 
        of the Job Training Partnership Act'' and inserting 
        ``and title IV of the Job Training Partnership Act or 
        subtitle D of title I of the Workforce Investment Act 
        of 1998''.
            (36) Domestic volunteer service act of 1973.--
                    (A) Section 103.--The second sentence of 
                section 103(d) of the Domestic Volunteer 
                Service Act of 1973 (42 U.S.C. 4953(d)) is 
                amended to read as follows: ``Whenever 
                feasible, such efforts shall be coordinated 
                with an appropriate private industry council 
                established under the Job Training Partnership 
                Act or local workforce investment board 
                established under section 117 of the Workforce 
                Investment Act of 1998.''.
                    (B) Section 109.--Subsections (c)(2) and 
                (d)(2) of section 109 of the Domestic Volunteer 
                Service Act of 1973 (42 U.S.C. 4959) is amended 
                by striking ``administrative entities 
                designated to administer job training plans 
                under the Job Training Partnership Act'' and 
                inserting ``administrative entities designated 
                to administer job training plans under the Job 
                Training Partnership Act and eligible providers 
                of employment and training activities under 
                subtitle B of title I of the Workforce 
                Investment Act of 1998''.
            (37) Age discrimination act of 1975.--Section 
        304(c)(1) of the Age Discrimination Act of 1975 (42 
        U.S.C. 6103(c)(1)) is amended by striking ``Except 
        with'' and all that follows through ``nothing'' and 
        inserting ``Nothing''.
            (38) Energy conservation and production act.--
        Section 414(b)(3) of the Energy Conservation and 
        Production Act (42 U.S.C. 6864(b)(3)) is amended by 
        striking ``the Comprehensive Employment and Training 
        Act of 1973'' and inserting ``the Job Training 
        Partnership Act or title I of the Workforce Investment 
        Act of 1998''.
            (39) National energy conservation policy act.--
        Section 233 of the National Energy Conservation Policy 
        Act (42 U.S.C. 6873) is amended, in the matter 
        preceding paragraph (1), by striking ``the 
        Comprehensive Employment and Training Act of 1973'' and 
        inserting ``the Job Training Partnership Act or title I 
        of the Workforce Investment Act of 1998''.
            (40) Community economic development act of 1981.--
        Section 617(a)(3) of the Community Economic Development 
        Act of 1981 (42 U.S.C. 9806(a)(3)) is amended by 
        striking ``activities such as those described in the 
        Comprehensive Employment and Training Act'' and 
        inserting ``activities such as the activities described 
        in the Job Training Partnership Act or title I of the 
        Workforce Investment Act of 1998''.
            (41) Stewart b. mckinney homeless assistance act.--
        Section 103(b)(2) of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11302(b)(2)) is amended by 
        striking ``the Job Training Partnership Act'' and 
        inserting ``the Job Training Partnership Act or title I 
        of the Workforce Investment Act of 1998''.
            (42) National and community service act of 1990.--
                    (A) Section 177.--Section 177(d) of the 
                National and Community Service Act of 1990 (42 
                U.S.C. 12637(d)) is amended to read as follows:
    ``(d) Treatment of Benefits.--Allowances, earnings, and 
payments to individuals participating in programs that receive 
assistance under this title shall not be considered to be 
income for the purposes of determining eligibility for and the 
amount of income transfer and in-kind aid furnished under any 
Federal or federally assisted program based on need, other than 
as provided under the Social Security Act (42 U.S.C. 301 et 
seq.).''.
                    (B) Section 198c.--Section 198C of the 
                National and Community Service Act of 1990 (42 
                U.S.C. 12653c) is amended--
                            (i) in subsection (b)(1), by 
                        striking ``a military installation 
                        described in section 325(e)(1) of the 
                        Job Training Partnership Act (29 U.S.C. 
                        1662d(e)(1)).'' and inserting ``a 
                        military installation being closed or 
                        realigned under--
                    ``(A) the Defense Base Closure and 
                Realignment Act of 1990 (part A of title XXIX 
                of division B of Public Law 101-510; 10 U.S.C. 
                2687 note); and
                    ``(B) title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act 
                (Public Law 100-526; 10 U.S.C. 2687 note).''; 
                and
                            (ii) in subsection (e)(1)(B), by 
                        striking clause (iii) and inserting the 
                        following:
                    ``(iii) an eligible youth described in 
                section 423 of the Job Training Partnership Act 
                or an individual described in section 144 of 
                the Workforce Investment Act of 1998.''.
                    (C) Section 199l.--Section 199L(a) of the 
                National and Community Service Act of 1990 (42 
                U.S.C. 12655m(a)) is amended by striking ``the 
                Job Training Partnership Act (29 U.S.C. 1501 et 
                seq.)'' and inserting ``the Job Training 
                Partnership Act and title I of the Workforce 
                Investment Act of 1998''.
            (43) Cranston-gonzalez national affordable housing 
        act.--
                    (A) Section 454.--Subparagraphs (H) and (M) 
                of subsection (c)(2), and subsection (d)(7), of 
                section 454 of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12899c) are 
                amended by striking ``the Job Training 
                Partnership Act'' and inserting ``the Job 
                Training Partnership Act and title I of the 
                Workforce Investment Act of 1998''.
                    (B) Section 456.--The first sentence of 
                section 456(e) of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 
                12899e(e)) is amended by inserting ``(as in 
                effect on the day before the date of enactment 
                of the Workforce Investment Act of 1998)'' 
                after ``the Job Training Partnership Act'' each 
                place it appears.
            (44) Violent crime control and law enforcement act 
        of 1994.--Section 31113(a)(4)(C) of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 
        13823(a)(4)(C)) is amended by striking ``authorized 
        under the Job Training Partnership Act (29 U.S.C. 1501 
        et seq.)'' and inserting ``authorized under the Job 
        Training Partnership Act or title I of the Workforce 
        Investment Act of 1998''.
    (e) Other References to Title VII of the Stewart B. 
McKinney Homeless Assistance Act.--
            (1) Table of contents.--The table of contents of 
        the Stewart B. McKinney Homeless Assistance Act (42 
        U.S.C. 11421 et seq.) is amended by striking the items 
        relating to title VII of such Act, except the items 
        relating to the title heading, and subtitles B and C, 
        of such title.
            (2) Title vii.--The Stewart B. McKinney Homeless 
        Assistance Act (as amended by section 199(b)(1) of the 
        Workforce Investment Act of 1998) is further amended by 
        inserting before subtitle B (relating to education for 
        homeless children and families) the following:

               ``SUBTITLE VII--EDUCATION AND TRAINING''.

    (f) References to Job Training Partnership Act Subsequent 
To Repeal.--
            (1) Title 5, united states code.--Section 3502(d) 
        of title 5, United States Code, is amended--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by 
                        striking clause (i) and inserting the 
                        following:
                    ``(i) the State or entity designated by the 
                State to carry out rapid response activities 
                under section 134(a)(2)(A) of the Workforce 
                Investment Act of 1998; and''; and
                            (ii) in subparagraph (B)(iii), by 
                        striking ``under the Job Training 
                        Partnership Act or''; and
                    (B) in paragraph (4), in the second 
                sentence, by striking ``the Job Training 
                Partnership Act or''.
            (2) Food stamp act of 1977.--
                    (A) Section 5.--Section 5(l) of the Food 
                Stamp Act of 1977 (7 U.S.C. 2014(l)) isamended 
by striking ``Notwithstanding section 142(b) of the Job Training 
Partnership Act or section 181(a)(2) of the Workforce Investment Act of 
1998, earnings to individuals participating in on-the-job training 
programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training 
Partnership Act or in on-the-job training under title I of the 
Workforce Investment Act of 1998'' and inserting ``Notwithstanding 
section 181(a)(2) of the Workforce Investment Act of 1998, earnings to 
individuals participating in on-the-job training under title I of the 
Workforce Investment Act of 1998''
                    (B) Section 6.--Section 6 of the Food Stamp 
                Act of 1977 (7 U.S.C. 2015) is amended--
                            (i) in subsection (d)(4)(M), by 
                        striking ``the State public employment 
                        offices and agencies operating programs 
                        under the Job Training Partnership Act 
                        or of'';
                            (ii) in subsection (e)(3), by 
                        striking subparagraph (A) and inserting 
                        the following:
                    ``(A) a program under title I of the 
                Workforce Investment Act of 1998;''; and
                            (iii) in subsection (o)(1)(A), by 
                        striking ``Job Training Partnership Act 
                        or''.
                    (C) Section 17.--The second sentence of 
                section 17(b)(2) of the Food Stamp Act of 1977 
                (7 U.S.C. 2026(b)(2)) is amended by striking 
                ``the Job Training Partnership Act or''.
            (3) Personal responsibility and work opportunity 
        reconciliation act of 1996.--
                    (A) Section 403(c)(2)(K) of the Personal 
                Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 
                1613(c)(2)(K)) is amended by striking ``Job 
                Training Partnership Act or''.
                    (B) Section 423(d)(11) of the Personal 
                Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1183a 
                note) is amended by striking ``Job Training 
                Partnership Act or''.
            (4) Immigration and nationality act.--Section 
        245A(h)(4)(F) of the Immigration and Nationality Act (8 
        U.S.C. 1255a(h)(4)(F)) is amended by striking ``The Job 
        Training Partnership Act or title'' and inserting 
        ``Title''.
            (5) Refugee education assistance act of 1980.--
        Section 402(a)(4) of the Refugee Education Assistance 
        Act of 1980 (8 U.S.C. 1522 note) is amended by striking 
        ``the Comprehensive Employment and Training Act of 
        1973'' and inserting ``the Job Training Partnership Act 
        or''.
            (6) National defense authorization act for fiscal 
        year 1993.--
                    (A) Section 3161.--Section 3161(c)(6) of 
                the National Defense Authorization Act for 
                Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) is 
                amended by striking subparagraph (A) and 
                inserting the following:
                    ``(A) programs carried out by the Secretary 
                of Labor under title I of the Workforce 
                Investment Act of 1998;''.
                    (B) Section 4461.--Section 4461(1) of the 
                National Defense Authorization Act for Fiscal 
                Year 1993 (10 U.S.C. 1143 note) is amended by 
                striking ``The Job Training Partnership Act of 
                title'' and inserting ``Title''.
                    (C) Section 4471.--Section 4471 of the 
                National Defense Authorization Act for Fiscal 
                Year 1993 (10 U.S.C. 2501 note) is amended--
                            (i) in subsection (c)(2), by 
                        striking ``the State dislocated worker 
                        unit or office referred to in section 
                        311(b)(2) of the Job Training 
                        Partnership Act, or'';
                            (ii) in subsection (d), in the 
                        first sentence, by striking ``for 
                        training, adjustment assistance, and 
                        employment services under section 325 
                        or 325A of the Job Training Partnership 
                        Act or''; and
                            (iii) in subsection (e), by 
                        striking ``for training, adjustment 
                        assistance, and employment services 
                        under section 325 or 325A of the Job 
                        Training Partnership Act or''.
                    (D) Section 4492.--Section 4492(b) of the 
                National Defense Authorization Act for Fiscal 
                Year 1993 (10 U.S.C. 1143 note) is amended by 
                striking ``the Job Training Partnership Act 
                or''.
            (7) National defense authorization act for fiscal 
        year 1994.--Section 1333(c)(2)(B) of the National 
        Defense Authorization Act for Fiscal Year 1994 (10 
        U.S.C. 2701 note) is amended by striking ``Private 
        industry councils as described in section 102 of the 
        Job Training Partnership Act or local'' and inserting 
        ``local''.
            (8) National defense authorization act for fiscal 
        year 1998.--Section 2824(c)(5) of the National Defense 
        Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 
        note) is amended by striking ``Job Training Partnership 
        Act or''.
            (9) Small business act.--The fourth sentence of 
        section 7(j)(13)(E) of the Small Business Act (15 
        U.S.C. 636(j)(13)(E)) is amended by striking ``the Job 
        Training Partnership Act or''.
            (10) Full employment and balanced growth act of 
        1978.--Section 206 of the Full Employment and Balanced 
        Growth Act of 1978 (15 U.S.C. 3116) is amended--
                    (A) in subsection (b), in the matter 
                preceding paragraph (1), by striking ``CETA'' 
                and inserting ``the Job Training Partnership 
                Act and''; and
                    (B) in subsection (c)(1), by striking 
                ``activities carried out under the Job Training 
                Partnership Act or''.
            (11) Trade act of 1974.--
                    (A) Section 236.--Section 236(a)(5)(B) of 
                the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) 
                is amended by striking ``section 303 of the Job 
                Training Partnership Act or''.
                    (B) Section 239.--Section 239(e) of the 
                Trade Act of 1974 (19 U.S.C. 2311(e)) is 
                amended by striking ``title III of the Job 
                Training Partnership Act or''.
            (12) Higher education act of 1965.--
                    (A) Section 418a.--Subsections 
                (b)(1)(B)(ii) and (c)(1)(A) of section 418A of 
                the Higher Education Act of 1965 (20 U.S.C. 
                1070d-2) are amended by striking ``section 402 
                of the Job Training Partnership Act or''.
                    (B) Section 480.--Section 480(b)(14) of the 
                Higher Education Act of 1965 (20 U.S.C. 
                1087vv(b)(14)) is amended by striking ``Job 
                Training Partnership Act noneducational 
                benefits or''.
            (13) Elementary and secondary education act of 
        1965.--
                    (A) Section 1205.--Section 1205(8)(B) of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6365(8)(B)) is amended by 
                striking ``the Job Training Partnership Act 
                and''.
                    (B) Section 1414.--Section 1414(c)(8) of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6434(c)(8)) is amended by 
                striking ``the Job Training Partnership Act 
                or''.
                    (C) Section 1423.--Section 1423(9) of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6453(9)) is amended by striking 
                ``the Job Training Partnership Act or''.
                    (D) Section 1425.--Section 1425(9) of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6455(9)) is amended by striking 
                ``the Job Training Partnership Act or''.
            (14) District of columbia school reform act of 
        1995.--Section 2604(c)(2)(B)(ii) of the District of 
        Columbia School Reform Act of 1995 (Public Law 104-134; 
        110 Stat. 1321-145) is amended by striking ``Job 
        Training Partnership Act or''.
            (15) Emergency jobs and unemployment assistance act 
        of 1974.--
                    (A) Section 204.--Section 204(b) of the 
                Emergency Jobs and Unemployment Assistance Act 
                of 1974 (26 U.S.C. 3304 note) is amended by 
                striking ``service delivery area established'' 
                and all that follows through ``this section) or 
                a''.
                    (B) Section 223.--Section 223 of the 
                Emergency Jobs and Unemployment Assistance Act 
                of 1974 (26 U.S.C. 3304 note) is amended--
                            (i) in paragraph (3), by striking 
                        ``the Job Training Partnership Act 
                        or''; and
                            (ii) in paragraph (4), by striking 
                        ``the Job Training Partnership Act 
                        or''.
            (16) Veterans' benefits and programs improvement 
        act of 1988.--Section 402 of the Veterans' Benefits and 
        Programs Improvement Act of 1988 (29 U.S.C. 1721 note) 
        is amended--
                    (A) in subsection (a), by striking ``title 
                III of the Job Training Partnership Act or''; 
                and
                    (B) in subsection (d)--
                            (i) in paragraph (1)(A), by 
                        striking ``part C of title IV of the 
                        Job Training Partnership Act or''; and
                            (ii) in paragraph (2), by striking 
                        ``title III of the Job Training 
                        Partnership Act or''.
            (17) Veterans' job training act.--
                    (A) Section 13.--Section 13(b) of the 
                Veterans' Job Training Act (29 U.S.C. 1721 
                note) is amended by striking ``the Job Training 
                Partnership Act or''.
                    (B) Section 14.--Section 14(b)(3)(B)(i)(II) 
                of the Veterans' Job Training Act (29 U.S.C. 
                1721 note) is amended by striking ``part C of 
                title IV the Job Training Partnership Act or''.
                    (C) Section 15.--Section 15(c)(2) of the 
                Veterans' Job Training Act (29 U.S.C. 1721 
                note) is amended--
                            (i) in the second sentence, by 
                        striking ``part C of title IV of the 
                        Job Training Partnership Act or''; and
                            (ii) in the third sentence, by 
                        striking ``title III of the Job 
                        Training Partnership Act or''.
            (18) Worker adjustment and retraining notification 
        act.--Section 3(a)(2) of the Worker Adjustment and 
        Retraining Notification Act (29 U.S.C. 2102(a)(2)) is 
        amended by striking ``the State dislocated worker unit 
        or office (referred to in section 311(b)(2) of the Job 
        Training and Partnership Act), or''.
            (19) Title 31, united states code.--Section 6703(a) 
        of title 31, United States Code, is amended by striking 
        paragraph (4) and inserting the following:
            ``(4) Programs under title I of the Workforce 
        Investment Act of 1998.''.
            (20) Veterans' rehabilitation and education 
        amendments of 1980.--Section 512 of the Veterans' 
        Rehabilitation and Education Amendments of 1980 (38 
        U.S.C. 4101 note) is amended by striking ``the Job 
        Training Partnership Act or''.
            (21) Title 38, united states code.--
                    (A) Section 4102a.--Section 4102A(d) of 
                title 38, United States Code, is amended by 
                striking ``the Job Training Partnership Act 
                and''.
                    (B) Section 4103a.--Section 4103A(c)(4) of 
                title 38, United States Code, is amended by 
                striking ``part C of title IV of the Job 
                Training Partnership Act and''.
                    (C) Section 4213.--Section 4213 of title 
                38, United States Code, is amended by striking 
                ``the Job Training Partnership Act or''.
            (22) Social security act.--Section 403(a)(5) of 
        Social Security Act (42 U.S.C. 603(a)(5)) is amended--
                    (A) in subparagraph (A)(vii)(I), by 
                striking ``described in section 103(c) of the 
                Job Training Partnership Act or''; and
                    (B) in subparagraph (D)--
                            (i) in clause (ii), by striking 
                        ``the Job Training Partnership Act 
                        or''; and
                            (ii) in clause (iii), by striking 
                        ``shall mean a local area as defined in 
                        section 101 of the Workforce Investment 
                        Act of 1998, as appropriate''.
            (23) United states housing act.--Section 23 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437u) is 
        amended--
                    (A) in subsection (b)(2)(A), by striking 
                ``the Job Training Partnership Act or'';
                    (B) in the first sentence of subsection 
                (f)(2), by striking ``the Job Training 
                Partnership Act or''; and
                    (C) in subsection (g)--
                            (i) in paragraph (2), by striking 
                        ``the Job Training Partnership Act 
                        or''; and
                            (ii) in paragraph (3)(H), by 
                        striking ``the Job Training Partnership 
                        Act or''.
            (24) Housing act of 1949.--Section 504(c)(3) of the 
        Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended 
        by striking ``the Job Training Partnership Act or''.
            (25) Older americans act of 1965.--
                    (A) Section 203.--Section 203 of the Older 
                Americans Act of 1965 (42 U.S.C. 3013) is 
                amended--
                            (i) in subsection (a)(2), by 
                        striking ``the Job Training Partnership 
                        Act and''; and
                            (ii) in subsection (b), by striking 
                        paragraph (1) and inserting the 
                        following:
            ``(1) title I of the Workforce Investment Act of 
        1998,''.
                    (B) Section 502.--Section 502 of the Older 
                Americans Act of 1965 (42 U.S.C. 3056) is 
                amended--
                            (i) in subsection (b)(1)(N)(i), by 
                        striking ``the Job Training Partnership 
                        Act and''; and
                            (ii) in subsection (e)(2)(C), by 
                        striking ``the Job Training Partnership 
                        Act and''.
                    (C) Section 503.--Section 503(b)(1) of the 
                Older Americans Act of 1965 (42 U.S.C. 
                3056a(b)(1)) is amended--
                            (i) in the first sentence, by 
                        striking ``the Job Training Partnership 
                        Act and''; and
                            (ii) in the first sentence, by 
                        striking ``the Job Training Partnership 
                        Act or''.
                    (D) Section 510.--Section 510 of the Older 
                Americans Act of 1965 (42 U.S.C. 3056h) is 
                amended by striking the matter following the 
                section heading and inserting the following:
    ``In the case of projects under this title carried out 
jointly with programs carried out under subtitle B of title I 
of the Workforce Investment Act of 1998, eligible individuals 
shall be deemed to satisfy the requirements of section 134 of 
such Act.''.
            (26) Omnibus crime control and safe streets act of 
        1968.--Section 1801(b)(3) of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) 
        is amended by striking ``part B of title IV of the Job 
        Training Partnership Act or''.
            (27) Environmental programs assistance act of 
        1984.--The second sentence of section 2(a) of the 
        Environmental Programs Assistance Act of 1984 (42 
        U.S.C. 4368a(a)) is amended by striking ``title IV of 
        the Job Training Partnership Act or''.
            (28) Domestic volunteer service act of 1973.--
                    (A) Section 103.--The second sentence of 
                section 103(d) of the Domestic Volunteer 
                Service Act of 1973 (42 U.S.C. 4953(d)) is 
                amended to read as follows: ``private industry 
                council established under the Job Training 
                Partnership Act or''.
                    (B) Section 109.--Subsections (c)(2) and 
                (d)(2) of section 109 of the Domestic Volunteer 
                Service Act of 1973 (42 U.S.C. 4959) is amended 
                by striking ``administrative entities 
                designated to administer job training plans 
                under the Job Training Partnership Act and''.
            (29) Energy conservation and production act.--
        Section 414(b)(3) of the Energy Conservation and 
        Production Act (42 U.S.C. 6864(b)(3)) is amended by 
        striking ``the Job Training Partnership Act or''.
            (30) National energy conservation policy act.--
        Section 233 of the National Energy Conservation Policy 
        Act (42 U.S.C. 6873) is amended, in the matter 
        preceding paragraph (1), by striking ``the Job Training 
        Partnership Act or''.
            (31) Community economic development act of 1981.--
        Section 617(a)(3) of the Community Economic Development 
        Act of 1981 (42 U.S.C. 9806(a)(3)) is amended by 
        striking ``the Job Training Partnership Act or''.
            (32) Stewart b. mckinney homeless assistance act.--
        Section 103(b)(2) of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11302(b)(2)) is amended by 
        striking ``the Job Training Partnership Act or''.
            (33) National and community service act of 1990.--
                    (A) Section 198c.--Section 198C(e)(1)(B) of 
                the National and Community Service Act of 1990 
                (42 U.S.C. 12653c(e)(1)(C)) is amended by 
                striking clause (iii) and inserting the 
                following:
                    ``(iii) an individual described in section 
                144 of the Workforce Investment Act of 1998.''.
                    (B) Section 199l.--Section 199L(a) of the 
                National and Community Service Act of 1990 (42 
                U.S.C. 12655m(a)) is amended by striking ``the 
                Job Training Partnership Act and''.
            (34) Cranston-gonzalez national affordable housing 
        act.--Subparagraphs (H) and (M) of subsection (c)(2), 
        and subsection (d)(7), of section 454 of the Cranston-
        Gonzalez National Affordable Housing Act (42 U.S.C. 
        12899c) are amended by striking ``the Job Training 
        Partnership Act and''.
            (35) Violent crime control and law enforcement act 
        of 1994.--Section 31113(a)(4)(C) of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 
        13823(a)(4)(C)) is amended by striking ``the Job 
        Training Partnership Act or''.
    (g) Effective Dates.--
            (1) Immediately effective amendments.--The 
        amendments made by subsections (a) through (d) shall 
        take effect on the date of the enactment of this Act.
            (2) Subsequently effective amendments.--
                    (A) Stewart b. mckinney homeless assistance 
                act.--The amendments made by subsection (e) 
                shall take effect on July 1, 1999.
                    (B) Job training partnership act.--The 
                amendments made by subsection (f) shall take 
                effect on July 1, 2000.
    (h) References.--
            (1) In general.--Section 190 of the Workforce 
        Investment Act of 1998 is amended to read as follows:

``SEC. 190. REFERENCES.

    ``(a) References to Comprehensive Employment and Training 
Act.--Except as otherwise specified, a reference in a Federal 
law (other than a reference in a provision amended by the 
Reading Excellence Act) to a provision of the Comprehensive 
Employment and Training Act--
            ``(1) effective on the date of enactment of this 
        Act, shall be deemed to refer to the corresponding 
        provision of the Job Training Partnership Act or of the 
        Workforce Investment Act of 1998; and
            ``(2) effective on July 1, 2000, shall be deemed to 
        refer to the corresponding provision of the Workforce 
        Investment Act of 1998.
    ``(b) References to Job Training Partnership Act.--Except 
as otherwise specified, a reference in a Federal law (other 
than a reference in this Act or a reference in a provision 
amended by the Reading Excellence Act) to a provision of the 
Job Training Partnership Act--
            ``(1) effective on the date of enactment of this 
        Act, shall be deemed to refer to that provision or the 
        corresponding provision of the Workforce Investment Act 
        of 1998; and
            ``(2) effective on July 1, 2000, shall be deemed to 
        refer to the corresponding provision of the Workforce 
        Investment Act of 1998.''.
            (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect as if included in the 
        Workforce Investment Act of 1998.
            (3) Conforming amendment.--Section 199A of such Act 
        is amended by striking subsection (c).

   ``SUBTITLE VIII--AMENDMENT TO WORKFORCE INVESTMENT ACT OF 1998.''

    Section 173 of the Workforce Investment Act of 1998 (29 
U.S.C. 2918) is amended by adding at the end the following new 
subsection:
    ``(e) Additional Assistance.--
            ``(1) In general.--From the amount appropriated and 
        made available to carry out this section for any 
        program year, the Secretary shall use not more than 
        $15,000,000 to make grants to not more than 8 States to 
        provide employment and training activities under 
        section 134, in accordance with subtitle B.
            ``(2) Eligible states.--The Secretary shall make a 
        grant under paragraph (1) to a State for a program year 
        if--
                    ``(A)(i) the amount of the allotment that 
                would be made to the State for the program year 
                under the formula specified in section 202(a) 
                of the Job Training Partnership Act, as in 
                effect on July 1, 1998; is greater than
                    ``(ii) the amount of the allotment that 
                would be made to the State for the program year 
                under the formula specified in section 
                132(b)(1)(B); and
                    ``(B) the State is 1 of the 8 States with 
                the greatest quotient obtained by dividing--
                            ``(i) the amount described in 
                        subparagraph (A)(i); by
                            ``(ii) the amount described in 
                        subparagraph (A)(ii).
            ``(3) Amount of grants.--Subject to paragraph (1), 
        the amount of the grant made under paragraph (1) to a 
        State for a program year shall be based on the 
        difference between--
                    ``(A) the amount of the allotment that 
                would be made to the State for the program year 
                under the formula specified in section 202(a) 
                of the Job Training Partnership Act, as in 
                effect on July 1, 1998; and
                    ``(B) the amount of the allotment that 
                would be made to the State for the program year 
                under the formula specified in section 
                132(b)(1)(B).
            ``(4) Allocation of funds.--A State that receives a 
        grant under paragraph (1) for a program year--
                    ``(A) shall allocate funds made available 
                through the grant on the basis of the formula 
                used by the State to allocate funds within the 
                State for that program year under--
                            ``(i) paragraph (2)(A) or (3) of 
                        section 133(b); or
                            ``(ii) paragraph (2)(B) of section 
                        133(b); and
                    ``(B) shall use the funds in the same 
                manner as the State uses other funds allocated 
                under the appropriate paragraph of section 
                133(b).''.

               TITLE IX--WOMEN'S HEALTH AND CANCER RIGHTS

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Women's Health and Cancer 
Rights Act of 1998''.

SEC. 902. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
                    1974.

    (a) In General.--Subpart B of part 7 of subtitle B of title 
I of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1185 et seq.) is amended by adding at the end the 
following new section:

``SEC. 713. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING 
                    MASTECTOMIES.

    ``(a) In General.--A group health plan, and a health 
insurance issuer providing health insurance coverage in 
connection with a group health plan, that provides medical and 
surgical benefits with respect to a mastectomy shall provide, 
in a case of a participant or beneficiary who is receiving 
benefits in connection with a mastectomy and who elects breast 
reconstruction in connection with such mastectomy, coverage 
for--
            ``(1) all stages of reconstruction of the breast on 
        which the mastectomy has been performed;
            ``(2) surgery and reconstruction of the other 
        breast to produce a symmetrical appearance; and
            ``(3) prostheses and physical complications of 
        mastectomy, including lymphedemas;
in a manner determined in consultation with the attending 
physician and the patient.Such coverage may be subject to 
annual deductibles and coinsurance provisions as may be deemed 
appropriate and as are consistent with those established for other 
benefits under the plan or coverage. Written notice of the availability 
of such coverage shall be delivered to the participant upon enrollment 
and annually thereafter.
    ``(b) Notice.--A group health plan, and a health insurance 
issuer providing health insurance coverage in connection with a 
group health plan shall provide notice to each participant and 
beneficiary under such plan regarding the coverage required by 
this section in accordance with regulations promulgated by the 
Secretary. Such notice shall be in writing and prominently 
positioned in any literature or correspondence made available 
or distributed by the plan or issuer and shall be transmitted--
            ``(1) in the next mailing made by the plan or 
        issuer to the participant or beneficiary;
            ``(2) as part of any yearly informational packet 
        sent to the participant or beneficiary; or
            ``(3) not later than January 1, 1999;
whichever is earlier.
    ``(c) Prohibitions.--A group health plan, and a health 
insurance issuer offering group health insurance coverage in 
connection with a group health plan, may not--
            ``(1) deny to a patient eligibility, or continued 
        eligibility, to enroll or to renew coverage under the 
        terms of the plan, solely for the purpose of avoiding 
        the requirements of this section; and
            ``(2) penalize or otherwise reduce or limit the 
        reimbursement of an attending provider, or provide 
        incentives (monetary or otherwise) to an attending 
        provider, to induce such provider to provide care to an 
        individual participant or beneficiary in a manner 
        inconsistent with this section.
    ``(d) Rule of Construction.--Nothing in this section shall 
be construed to prevent a group health plan or a health 
insurance issuer offering group health insurance coverage from 
negotiating the level and type of reimbursement with a provider 
for care provided in accordance with this section.
    ``(e) Preemption, Relation to State Laws.--
            ``(1) In general.--Nothing in this section shall be 
        construed to preempt any State law in effect on the 
        date of enactment of this section with respect to 
        health insurance coverage that requires coverage of at 
        least the coverage of reconstructive breast surgery 
        otherwise required under this section.
            ``(2) ERISA.--Nothing in this section shall be 
        construed to affect or modify the provisions of section 
        514 with respect to group health plans.''.
    (b) Clerical Amendment.--The table of contents in section 1 
of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1001 note) is amended by inserting after the item 
relating to section 712 the following new item:

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

    (c) Effective Dates.--
            (1) In general.--The amendments made by this 
        section shall apply with respect to plan years 
        beginning on or after the date of enactment of this 
        Act.
            (2) Special rule for collective bargaining 
        agreements.--In the case of a group health plan 
        maintained pursuant to 1 or more collective bargaining 
        agreements between employee representatives and 1 or 
        more employers, any plan amendment made pursuant to a 
        collective bargaining agreement relating to the plan 
        which amends the plan solely to conform to any 
        requirement added by this section shall not be treated 
        as a termination of such collective bargaining 
        agreement.

SEC. 903. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Group Market.--Subpart 2 of part A of title XXVII of 
the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
amended by adding at the end the following new section:

``SEC. 2706. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING 
                    MASTECTOMIES.

    ``The provisions of section 713 of the Employee Retirement 
Income Security Act of 1974 shall apply to group health plans, 
and health insurance issuers providing health insurance 
coverage in connection with group health plans, as if included 
in this subpart.''.
    (b) Individual Market.--Subpart 3 of part B of title XXVII 
of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) 
is amended by adding at the end the following new section:

``SEC. 2752. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING 
                    MASTECTOMIES.

    ``The provisions of section 2706 shall apply to health 
insurance coverage offered by a health insurance issuer in the 
individual market in the same manner as they apply to health 
insurance coverage offered by a health insurance issuer in 
connection with a group health plan in the small or large group 
market.''.
    (c) Effective Dates.--
            (1) Group plans.--
                    (A) In general.--The amendment made by 
                subsection (a) shall apply to group health 
                plans for plan years beginning on or after the 
                date of enactment of this Act.
                    (B) Special rule for collective bargaining 
                agreements.--In the case of a group health plan 
                maintained pursuant to 1 or more collective 
                bargaining agreements between employee 
                representatives and 1 or more employers, any 
                plan amendment made pursuant to a collective 
                bargaining agreement relating to the plan which 
                amends the plan solely to conform to any 
                requirement added by the amendment made by 
                subsection (a) shall not be treated as a 
                termination of such collective bargaining 
                agreement.
            (2) Individual plans.--The amendment made by 
        subsection (b) shall apply with respect to health 
        insurance coverage offered, sold, issued, renewed, in 
        effect, or operated in the individual market on or 
        after the date of enactment of this Act.
      This Act may be cited as the ``Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 1999''.
      (g) For programs, projects or activities in the 
Department of Transportation and Related Agencies 
Appropriations Act, 1999, provided as follows, to be effective 
as if it had been enacted into law as the regular 
appropriations Act:

 AN ACT Making appropriations for the Department of Transportation and 
related agencies for the fiscal year ending September 30, 1999, and for 
                             other purposes

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                   Immediate Office of the Secretary

    For necessary expenses of the Immediate Office of the 
Secretary, $1,624,000.

                Immediate Office of the Deputy Secretary

    For necessary expenses of the Immediate Office of the 
Deputy Secretary, $585,000.

                     Office of the General Counsel

    For necessary expenses of the Office of the General 
Counsel, $8,750,000.

              Office of the Assistant Secretary for Policy

    For necessary expenses of the Office of the Assistant 
Secretary for Policy, $2,808,000.

   Office of the Assistant Secretary for Aviation and International 
                                Affairs

    For necessary expenses of the Office of the Assistant 
Secretary for Aviation and International Affairs, $7,650,300: 
Provided, That notwithstanding any other provision of law, 
there may be credited to this appropriation up to $1,000,000 in 
funds received in user fees.

       Office of the Assistant Secretary for Budget and Programs

    For necessary expenses of the Office of the Assistant 
Secretary for Budget and Programs, $6,349,000, including not to 
exceed $40,000 for allocation within the Department for 
official reception and representation expenses as the Secretary 
may determine.

       Office of the Assistant Secretary for Governmental Affairs

    For necessary expenses of the Office of the Assistant 
Secretary for Governmental Affairs, $1,940,600.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant 
Secretary for Administration, $19,721,600.

                        Office of Public Affairs

    For necessary expenses of the Office of Public Affairs, 
$1,565,500.

                         Executive Secretariat

    For necessary expenses of the Executive Secretariat, 
$1,046,900.

                       Board of Contract Appeals

    For necessary expenses of the Board of Contract Appeals, 
$561,100.

         Office of Small and Disadvantaged Business Utilization

    For necessary expenses of the Office of Small and 
Disadvantaged Business Utilization, $1,020,400.

                  Office of Intelligence and Security

    For necessary expenses of the Office of Intelligence and 
Security, $1,036,100.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief 
Information Officer, $4,874,600.

                        Office of Intermodalism

    For necessary expenses of the Office of Intermodalism, 
$956,900.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, 
$6,966,000.

           Transportation Planning, Research, and Development

    For necessary expenses for conducting transportation 
planning, research, systems development, development 
activities, and making grants, to remain available until 
expended, $9,000,000.

              Transportation Administrative Service Center

    Necessary expenses for operating costs and capital outlays 
of the Transportation Administrative Service Center, not to 
exceed $124,124,000, shall be paid from appropriations made 
available to the Department of Transportation: Provided, That 
the preceding limitation shall not apply to activities 
associated with departmental Year 2000 conversion activities: 
Provided further, That such services shall be provided on a 
competitive basis to entities within the Department of 
Transportation: Provided further, That the above limitation on 
operating expenses shall not apply to non-DOT entities: 
Provided further, That no funds appropriated in this Act to an 
agency of the Department shall be transferred to the 
Transportation Administrative Service Center without the 
approval of the agency modal administrator: Provided further, 
That no assessments may be levied against any program, budget 
activity, subactivity or project funded by this Act unless 
notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are 
approved by such Committees.

                   Minority Business Resource Center

    For the cost of direct loans, $1,500,000, as authorized by 
49 U.S.C. 332: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That these 
funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $13,775,000. In 
addition, for administrative expenses to carry out the direct 
loan program, $400,000.

                       Minority Business Outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $2,900,000, of which $2,635,000 shall 
remain available until September 30, 2000: Provided, That 
notwithstanding 49 U.S.C. 332, these funds may be used for 
business opportunities related to any mode of transportation.

                              COAST GUARD

                           Operating Expenses


                     (including transfers of funds)


    For necessary expenses for the operation and maintenance of 
the Coast Guard, not otherwise provided for; purchase of not to 
exceed five passenger motor vehicles for replacement only; 
payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), and section 229(b) of the Social 
Security Act (42 U.S.C. 429(b)); and recreation and welfare; 
$2,700,000,000, of which $300,000,000 shall be available for 
defense-related activities; and of which $25,000,000 shall be 
derived from the Oil Spill Liability Trust Fund: Provided, That 
none of the funds appropriated in this or any other Act shall 
be available for pay or administrative expenses in connection 
with shipping commissioners in the United States: Provided 
further, That none of the funds provided in this Act shall be 
available for expenses incurred for yacht documentation under 
46 U.S.C. 12109, except to the extent fees are collected from 
yacht owners and credited to this appropriation: Provided 
further, That the Commandant shall reduce both military and 
civilian employment levels for the purpose of complying with 
Executive Order No. 12839: Provided further, That up to 
$615,000 in user fees collected pursuant to section 1111 of 
Public Law 104-324 shall be credited to this appropriation as 
offsetting collections in fiscal year 1999: Provided further, 
That the Secretary may transfer funds to this account, from 
Federal Aviation Administration ``Operations'', not to exceed 
$71,705,000 in total for the fiscal year, fifteen days after 
written notification to the House and Senate Committees on 
Appropriations, solely for the purpose of providing additional 
funds for drug interdiction activities: Provided further, That 
none of the funds in this Act shall be available for the Coast 
Guard to plan, finalize, or implement any regulation that would 
promulgate new maritime user fees not specifically authorized 
by law after the date of enactment of this Act.

              Acquisition, Construction, and Improvements


                     (including transfers of funds)


    For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore 
facilities, vessels, and aircraft, including equipment related 
thereto, $395,465,000, of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund; of which $219,923,000 
shall be available to acquire, repair, renovate or improve 
vessels, small boats and related equipment, to remain available 
until September 30, 2003; $35,700,000 shall be available to 
acquire new aircraft and increase aviation capability, to 
remain available until September 30, 2001; $36,569,000 shall be 
available for other equipment, to remain available until 
September 30, 2001; $54,823,000 shall be available for shore 
facilities and aids to navigation facilities, to remain 
available until September 30, 2001; and $48,450,000 shall be 
available for personnel compensation and benefits and related 
costs, to remain available until September 30, 2000: Provided, 
That funds received from the sale of HU-25 aircraft shall be 
credited to this appropriation for the purpose of acquiring new 
aircraft and increasing aviation capacity: Provided further, 
That the Commandant may dispose of surplus real property by 
sale or lease and the proceeds shall be credited to this 
appropriation, of which not more than $1,000,000 shall be 
credited as offsetting collections to this account, to be 
available for the purposes of this account: Provided further, 
That the amount herein appropriated from the General Fund shall 
be reduced by such amount: Provided further, That any proceeds 
from the sale or lease of Coast Guard surplus real property in 
excess of $1,000,000 shall be retained and remain available 
until expended, but shall not be available for obligation until 
October 1, 1999: Provided further, That the Secretary, with 
funds made available under this heading, acting through the 
Commandant, may enter into a long-term Use Agreement with the 
City of Homer for dedicated pier space on the Homer dock 
necessary to support Coast Guard vessels when such vessels call 
on Homer, Alaska.

                Environmental Compliance and Restoration

    For necessary expenses to carry out the Coast Guard's 
environmental compliance and restoration functions under 
chapter 19 of title 14, United States Code, $21,000,000, to 
remain available until expended.

                         Alteration of Bridges

    For necessary expenses for alteration or removal of 
obstructive bridges, $14,000,000, to remain available until 
expended.

                              Retired Pay

    For retired pay, including the payment of obligations 
therefor otherwise chargeable to lapsed appropriations for this 
purpose, and payments under the Retired Serviceman's Family 
Protection and Survivor Benefits Plans, and for payments for 
medical care of retired personnel and their dependents under 
the Dependents Medical Care Act (10 U.S.C. ch. 55), 
$684,000,000.

                            Reserve Training


                     (including transfer of funds)


    For all necessary expenses of the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services; $69,000,000: Provided, That 
no more than $20,000,000 of funds made available under this 
heading may be transferred to Coast Guard ``Operating 
expenses'' or otherwise made available to reimburse the Coast 
Guard for financial support of the Coast Guard Reserve: 
Provided further, That none of the funds in this Act may be 
used by the Coast Guard to assess direct charges on the Coast 
Guard Reserves for items or activities which were not so 
charged during fiscal year 1997.

              Research, Development, Test, and Evaluation

    For necessary expenses, not otherwise provided for, for 
applied scientific research, development, test, and evaluation; 
maintenance, rehabilitation, lease and operation of facilities 
and equipment, as authorized by law, $12,000,000, to remain 
available until expended, of which $3,500,000 shall be derived 
from the Oil Spill Liability Trust Fund: Provided, That there 
may be credited to and used for the purposes of this 
appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign 
countries, for expenses incurred for research, development, 
testing, and evaluation.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

    Notwithstanding any other provision of law, for necessary 
expenses of the Federal Aviation Administration, not otherwise 
provided for, including operations and research activities 
related to commercial space transportation, administrative 
expenses for research and development, establishment of air 
navigation facilities, the operation (including leasing) and 
maintenance of aircraft, subsidizing the cost of aeronautical 
charts and maps sold to the public, and carrying out the 
provisions of subchapter I of chapter 471 of title 49, United 
States Code, or other provisions of law authorizing the 
obligation of funds for similar programs of airport and airway 
development or improvement, lease or purchase of passenger 
motor vehicles for replacement only, in addition toamounts made 
available by Public Law 104-264, $5,562,558,000 of which $4,112,174,000 
shall be derived from the Airport and Airway Trust Fund: Provided, That 
none of the funds in this Act shall be available for the Federal 
Aviation Administration to plan, finalize, or implement any regulation 
that would promulgate new aviation user fees not specifically 
authorized by law after the date of enactment of this Act: Provided 
further, That there may be credited to this appropriation funds 
received from States, counties, municipalities, foreign authorities, 
other public authorities, and private sources, for expenses incurred in 
the provision of agency services, including receipts for the 
maintenance and operation of air navigation facilities, and for 
issuance, renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That of the funds appropriated under this heading, $6,000,000 
shall be for the contract tower cost-sharing program: Provided further, 
That funds may be used to enter into a grant agreement with a nonprofit 
standard-setting organization to assist in the development of aviation 
safety standards: Provided further, That none of the funds in this Act 
shall be available for new applicants for the second career training 
program: Provided further, That none of the funds in this Act shall be 
available for paying premium pay under 5 U.S.C. 5546(a) to any Federal 
Aviation Administration employee unless such employee actually 
performed work during the time corresponding to such premium pay: 
Provided further, That none of the funds in this Act may be obligated 
or expended to operate a manned auxiliary flight service station in the 
contiguous United States: Provided further, That no more than 
$28,600,000 of funds appropriated to the Federal Aviation 
Administration in this Act may be used for activities conducted by, or 
coordinated through, the Transportation Administrative Service Center 
(TASC): Provided further, That none of the funds in this Act may be 
used for the Federal Aviation Administration to enter into a multiyear 
lease greater than five years in length or greater than $100,000,000 in 
value unless such lease is specifically authorized by the Congress and 
appropriations have been provided to fully cover the Federal 
Government's contingent liabilities: Provided further, That none of the 
funds in this Act may be used for the Federal Aviation Administration 
(FAA) to sign a lease for satellite services related to the global 
positioning system (GPS) wide area augmentation system until the 
administrator of the FAA certifies in writing to the House and Senate 
Committees on Appropriations that FAA has conducted a lease versus buy 
analysis which indicates that such lease will result in the lowest 
overall cost to the agency.

                        Facilities and Equipment


                    (airport and airway trust fund)


    Notwithstanding any other provision of law, for necessary 
expenses, not otherwise provided for, for acquisition, 
establishment, and improvement by contract or purchase, and 
hire of air navigation and experimental facilities and 
equipment as authorized under part A of subtitle VII of title 
49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service 
testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; and 
construction and furnishing of quarters and related 
accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where 
such accommodations are not available; and the purchase, lease, 
or transfer of aircraft from funds available under this head; 
to be derived from the Airport and Airway Trust Fund, 
$1,900,000,000, of which $1,652,000,000 shall remain available 
until September 30, 2001, and of which $248,000,000 shall 
remain available until September 30, 1999: Provided, That there 
may be credited to this appropriation funds received from 
States, counties, municipalities, other public authorities, and 
private sources, for expenses incurred in the establishment and 
modernization of air navigation facilities: Provided further, 
That none of the funds in this Act or any other Act making 
appropriations for fiscal year 1999 may be obligated for bulk 
explosive detection systems until 30 days after the FAA 
Administrator certifies to the House and Senate Committees on 
Appropriations, in writing, that the major air carriers 
responsible for providing aircraft security at Category X 
airports have agreed to: (1) begin assuming the operation and 
maintenance costs of such machines beginning in fiscal year 
1999; and (2) substantially increase the usage of such machines 
above the level experienced as of April 1, 1998: Provided 
further, That none of the funds provided under this heading for 
``Next Generation Navigation Systems'' may be obligated or 
expended for activities related to phase two or phase three of 
the wide area augmentation system.

                 Research, Engineering, and Development


                    (airport and airway trust fund)


    Notwithstanding any other provision of law, for necessary 
expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of 
subtitle VII of title 49, United States Code, including 
construction of experimental facilities and acquisition of 
necessary sites by lease or grant, $150,000,000, to be derived 
from the Airport and Airway Trust Fund and to remain available 
until September 30, 2001: Provided, That there may be credited 
to this appropriation funds received from States, counties, 
municipalities, other public authorities, and private sources, 
for expenses incurred for research, engineering, and 
development.

                       Grants-in-Aid for Airports


                (liquidation of contract authorization)


                    (airport and airway trust fund)


    Notwithstanding any other provision of law, for liquidation 
of obligations incurred for grants-in-aid for airport planning 
and development, and for noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and 
subchapter I of chapter 475 of title 49, United States Code, 
and under other law authorizing such obligations, 
$1,600,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until expended: Provided, That 
none of the funds in this Act shall be available for the 
planning or execution of programs the obligations for which are 
in excess of $1,950,000,000 in fiscal year 1999 for grants-in-
aid for airport planning and development, and noise 
compatibility planning and programs, notwithstanding section 
47117(h) of title 49, United States Code: Provided further, 
That no more than $975,000,000 of funds limited under this 
heading may be obligated prior to the enactment of a bill 
extending contract authorization for the Grants-in-Aid for 
Airports program to the third and fourth quarters of fiscal 
year 1999.

                   Aviation Insurance Revolving Fund

    The Secretary of Transportation is hereby authorized to 
make such expenditures and investments, within the limits of 
funds available pursuant to 49 U.S.C. 44307, and in accordance 
with section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out 
the program for aviation insurance activities under chapter 443 
of title 49, United States Code.

                Aircraft Purchase Loan Guarantee Program

    None of the funds in this Act shall be available for 
activities under this heading during fiscal year 1999.

                     FEDERAL HIGHWAY ADMINISTRATION

                Limitation on General Operating Expenses

    Necessary expenses for administration and operation of the 
Federal Highway Administration not to exceed $327,413,000 shall 
be paid in accordance with law from appropriations made 
available by this Act to the Federal Highway Administration 
together with advances and reimbursements received by the 
Federal Highway Administration: Provided further, That 
$53,375,000 shall be available to carry out the functions and 
operations of the office of motor carriers.

                          Federal-Aid Highways


                      (limitation on obligations)


                          (highway trust fund)


    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for 
which are in excess of $25,511,000,000 for Federal-aid highways 
and highway safety construction programs for fiscal year 1999: 
Provided, That, notwithstanding any other provision of law, 
within the $25,511,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more 
than $200,000,000 shall be available for the implementation or 
execution of programs for Intelligent Transportation Systems 
(Sections 5204, 5205, 5206, 5207, 5208, and 5209 of Public Law 
105-178) for fiscal year 1999; not morethan $178,150,000 shall 
be available for the implementation or execution of programs for 
transportation research (Sections 502, 503, 504, 506, 507, and 508 of 
title 23, United States Code, as amended; section 5505 of title 49, 
United States Code, as amended; and section 5112 of Public Law 105-178) 
for fiscal year 1999; not more than $38,000,000 shall be available for 
the implementation or execution of programs for Ferry Boat and Ferry 
Terminal Facility Program (Section 1064 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 
2005) as amended)) for fiscal year 1999; not more than $15,000,000 
shall be available for the implementation or execution of programs for 
the Magnetic Levitation Transportation Technology Deployment Program 
(Section 1218 of Public Law 105-178) for fiscal year 1999, of which not 
to exceed $500,000 shall be available to the Federal Railroad 
Administration for administrative expenses and technical assistance in 
connection with such program; not more than $31,000,000 shall be 
available for the implementation or execution of programs for the 
Bureau of Transportation Statistics (Section 111 of title 49, United 
States Code) for fiscal year 1999: Provided further, That 
notwithstanding any other provision of law, within the $25,511,000,000 
obligation limitation, $4,000,000 of the amounts made available as 
contract authority under section 1221(e) of the Transportation Equity 
Act for the 21st Century (Public Law 105-178) shall be made available 
to carry out section 5113 of that Act: Provided further, That within 
the $200,000,000 obligation limitation on Intelligent Transportation 
Systems, not less than the following sums shall be made available for 
Intelligent Transportation system projects in the following specified 
areas:
            Amherst, Massachusetts, $1,000,000;
            Arlington County, Virginia, $750,000;
            Atlanta, Georgia, $2,000,000;
            Brandon, Vermont, $375,000;
            Buffalo, New York, $500,000;
            Centre Valley, Pennsylvania, $500,000;
            Cleveland, Ohio, $1,000,000;
            Columbus, Ohio, $1,000,000;
            Corpus Christi, Texas, $900,000;
            Dade County, Florida, $1,000,000;
            Del Rio, Texas, $1,000,000;
            Delaware River, Pennsylvania, $1,000,000;
            Fairfield, California, $1,000,000;
            Fitchburg, Massachusetts, $500,000;
            Greater metropolitan capital region, DC, 
        $5,000,000;
            Hammond, Louisiana, $4,000,000;
            Houston, Texas, $2,000,000;
            Huntington Beach, California, $1,000,000;
            Huntsville, Alabama, $1,000,000;
            Inglewood, California, $1,500,000;
            Jackson, Mississippi, $1,000,000;
            Kansas City, Missouri, $500,000;
            Laredo, Texas, $1,000,000;
            Middlesboro, Kentucky, $3,000,000;
            Mission Viejo, California, $1,000,000;
            Mobile, Alabama, $2,500,000;
            Monroe County, New York, $400,000;
            Montgomery, Alabama, $1,250,000;
            Nashville, Tennessee, $500,000;
            New Orleans, Louisiana, $1,500,000;
            New York City, New York, $2,500,000;
            New York/Long Island, New York, $2,300,000;
            Oakland County, Michigan, $1,000,000;
            Onandaga County, New York, $400,000;
            Port Angeles, Washington, $500,000;
            Raleigh-Wake County, North Carolina, $2,000,000;
            Riverside, California, $1,000,000;
            San Francisco, California, $1,500,000;
            Scranton, Pennsylvania, $1,000,000;
            Silicon Valley, California, $1,500,000;
            Spokane, Washington, $450,000;
            Springfield, Virginia, $500,000;
            St. Louis, Missouri, $750,000;
            State of Alaska, $1,500,000;
            State of Idaho, $1,000,000;
            State of Maryland, $2,500,000;
            State of Minnesota, $7,100,000;
            State of Mississippi, $1,000,000;
            State of Missouri, $500,000;
            State of Montana, $700,000;
            State of Nevada, $575,000;
            State of New Jersey, $3,000,000;
            State of New Mexico, $1,000,000;
            State of New York, $2,500,000;
            State of North Dakota, $1,450,000;
            Commonwealth of Pennsylvania, $14,000,000;
            State of Texas, $1,000,000;
            State of Utah, $3,600,000;
            State of Washington, $2,000,000;
            State of Wisconsin, $1,500,000;
            Temucula, California, $250,000;
            Tucson, Arizona, $1,000,000;
            Volusia County, Florida, $1,000,000;
            Warren County, Virginia, $250,000;
            Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, 
        $1,000,000;
            Westchester and Putnam Counties, New York, 
        $500,000; and
            White Plains, New York, $1,000,000.

                          Federal-Aid Highways


                (liquidation of contract authorization)


                          (highway trust fund)


    Notwithstanding any other provision of law, for carrying 
out the provisions of title 23, U.S.C., that are attributable 
to Federal-aid highways, including the National Scenic and 
Recreational Highway as authorized by 23 U.S.C. 148, not 
otherwise provided, including reimbursement for sums expended 
pursuant to the provisions of 23 U.S.C. 308, $24,000,000,000 or 
so much thereof as may be available in and derived from the 
Highway Trust Fund, to remain available until expended.

                      Motor Carrier Safety Grants


                (liquidation of contract authorization)


                          (highway trust fund)


      Notwithstanding any other provision of law, for payment 
of obligations incurred in carrying out 49 U.S.C. 31102, 
$100,000,000, to be derived from the Highway Trust Fund and to 
remain available until expended: Provided, That none of the 
funds in this Act shall be available for the implementation or 
execution of programs the obligations for which are in excess 
of $100,000,000 for ``Motor Carrier Safety Grants''.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                        Operations and Research


                          (highway trust fund)


    For expenses necessary to discharge the functions of the 
Secretary, to be derived from the Highway Trust Fund, 
$87,400,000 for traffic and highway safety under chapter 301 of 
title 49, U.S.C., and part C of subtitle VI of title 49, 
U.S.C., of which $58,558,000 shall remain available until 
September 30, 2001: Provided, That none of the funds 
appropriated by this Act may be obligated or expended to plan, 
finalize, or implement any rulemaking to add to section 575.104 
of title 49 of the Code of Federal Regulations any requirement 
pertaining to a grading standard that is different from the 
three grading standards (treadwear, traction, and temperature 
resistance) already in effect.

                        Operations and Research


                (liquidation of contract authorization)


                      (limitation on obligations)


                          (highway trust fund)


    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 
U.S.C. 403, to remain available until expended, $72,000,000, to 
be derived from the Highway Trust Fund: Provided, That none of 
the funds in this Act shall be available for the planning or 
execution of programs the total obligations for which, in 
fiscal year 1999, are in excess of $72,000,000 for programs 
authorized under 23 U.S.C. 403.

                        National Driver Register


                          (highway trust fund)


    For expenses necessary to discharge the functions of the 
Secretary with respect to the National Driver Register under 
chapter 303 of title 49, United States Code, $2,000,000 to be 
derived from the Highway Trust Fund, and to remain available 
until expended.

                     Highway Traffic Safety Grants


                (liquidation of contract authorization)


                      (limitation on obligations)


                          (highway trust fund)


    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 
U.S.C. 402, 405, 410, and 411 to remain available until 
expended, $200,000,000, to be derived from the Highway Trust 
Fund: Provided, That none of the funds in this Act shall be 
available for the planning or execution of programs the total 
obligations for which, in fiscal year 1999, are in excess of 
$200,000,000 for programs authorized under 23 U.S.C. 402, 405, 
410, and 411 of which $150,000,000 shall be for ``Highway 
Safety Programs'' under 23 U.S.C. 402, $10,000,000 shall be for 
``Occupant Protection Incentive Grants'' under 23 U.S.C. 405, 
$35,000,000 shall be for ``Alcohol-Impaired Driving 
Countermeasures Grants'' under 23 U.S.C. 410, $5,000,000 shall 
be for the ``State Highway Safety Data Grants'' under 23 U.S.C. 
411: Provided further, That none of these funds shall be used 
for construction, rehabilitation, or remodeling costs, or for 
office furnishings and fixtures for State, local, or private 
buildings or structures: Provided further, That not to exceed 
$7,500,000 of the funds made available for section 402, not to 
exceed $500,000 of the funds made available for section 405, 
not to exceed $1,750,000 of the funds made available for 
section 410, and not to exceed $193,000 of the funds made 
available for section 411 shall be available to NHTSA for 
administering highway safety grants under Chapter 4 of title 
23, U.S.C.: Provided further, That not to exceed $500,000 of 
the funds made available for section 410 ``Alcohol-Impaired 
Driving Countermeasures Grants'' shall be available for 
technical assistance to the States.

                    FEDERAL RAILROAD ADMINISTRATION

                      Office of the Administrator

    For necessary expenses of the Federal Railroad 
Administration, not otherwise provided for, $21,215,000, of 
which $1,784,000 shall remain available until expended: 
Provided, That, as part of the Washington Union Station 
transaction in which the Secretary assumed the first deedof 
trust on the property and, where the Union Station Redevelopment 
Corporation or any successor is obligated to make payments on such deed 
of trust on the Secretary's behalf, including payments on and after 
September 30, 1988, the Secretary is authorized to receive such 
payments directly from the Union Station Redevelopment Corporation, 
credit them to the appropriation charged for the first deed of trust, 
and make payments on the first deed of trust with those funds: Provided 
further, That such additional sums as may be necessary for payment on 
the first deed of trust may be advanced by the Administrator from 
unobligated balances available to the Federal Railroad Administration, 
to be reimbursed from payments received from the Union Station 
Redevelopment Corporation.

                            Railroad Safety

    For necessary expenses in connection with railroad safety, 
not otherwise provided for, $61,488,000, of which $3,825,000 
shall remain available until expended: Provided, That 
notwithstanding any other provision of law, funds appropriated 
under this heading are available for the reimbursement of out-
of-state travel and per diem costs incurred by employees of 
State governments directly supporting the Federal railroad 
safety program, including regulatory development and 
compliance-related activities.

                   Railroad Research and Development

    For necessary expenses for railroad research and 
development, $22,364,000, to remain available until expended: 
Provided, That the Secretary is authorized to sell aluminum 
reaction rail, power rail base, and other related materials 
located at the Transportation Technology Center, near Pueblo, 
Colorado, and shall credit the receipts from such sale to this 
account, notwithstanding 31 U.S.C. 3302, to remain available 
until expended.

            Railroad Rehabilitation and Improvement Program

    The Secretary of Transportation is authorized to issue to 
the Secretary of the Treasury notes or other obligations 
pursuant to section 512 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (Public Law 94-210), as amended, 
in such amounts and at such times as may be necessary to pay 
any amounts required pursuant to the guarantee of the principal 
amount of obligations under sections 511 through 513 of such 
Act, such authority to exist as long as any such guaranteed 
obligation is outstanding: Provided, That pursuant to section 
502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the 
credit risk premium during fiscal year 1999.

                    Next Generation High-Speed Rail

    For necessary expenses for the Next Generation High-Speed 
Rail program as authorized under 49 United States Code sections 
26101 and 26102, $20,494,000, to remain available until 
expended.

                     Alaska Railroad Rehabilitation

    To enable the Secretary of Transportation to make grants to 
the Alaska Railroad, $10,000,000 shall be for capital 
rehabilitation and improvements benefiting its passenger 
operations.

                     Rhode Island Rail Development

    For the costs associated with construction of a third track 
on the Northeast Corridor between Davisville and Central Falls, 
Rhode Island, with sufficient clearance to accommodate double 
stack freight cars, $5,000,000 to be matched by the State of 
Rhode Island or its designee on a dollar-for-dollar basis and 
to remain available until expended.

     Capital Grants to the National Railroad Passenger Corporation

    For necessary expenses of capital improvements of the 
National Railroad Passenger Corporation as authorized by U.S.C. 
24104(a), $609,230,000, to remain available until expended.

                     FEDERAL TRANSIT ADMINISTRATION

                        Administrative Expenses

    For necessary administrative expenses of the Federal 
Transit Administration's programs authorized by chapter 53 of 
title 49, United States Code, $10,800,000, to remain available 
until expended: Provided, That no more than $54,000,000 of 
budget authority shall be available for these purposes: 
Provided further, That of the funds in this Act available for 
the execution of contracts under section 5327(c) of title 49, 
United States Code, $800,000 shall be transferred to the 
Department of Transportation Inspector General for costs 
associated with the audit and review of new fixed guideway 
systems.

                             Formula Grants

    For necessary expenses to carry out 49 U.S.C. 5307, 5308, 
5310, 5311, 5327, and section 3038 of Public Law 105-178, 
$570,000,000, to remain available until expended: Provided, 
That no more than $2,850,000,000 of budget authority shall be 
available for these purposes: Provided further, That 
notwithstanding section 3008 of Public Law 105-178, the 
$50,000,000 to carry out 49 U.S.C. 5308 shall be transferred to 
and merged with funding provided for the replacement, 
rehabilitation, and purchase of buses and related equipment and 
the construction of bus-related facilities under ``Federal 
Transit Administration, Capital investment grants''.

                   University Transportation Research

    For necessary expenses to carry out 49 U.S.C. 5505, 
$1,200,000, to remain available until expended: Provided, That 
no more than $6,000,000 of budget authority shall be available 
for these purposes.

                     Transit Planning and Research

    For necessary expenses to carry out 49 U.S.C. 5303, 5304, 
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, 
$19,800,000, to remain available until expended: Provided, That 
no more than $98,000,000 of budget authority shall be available 
for these purposes: Provided further, That $5,250,000 is 
available to provide rural transportation assistance (49 U.S.C. 
5311(b)(2)); $4,000,000 is available to carry out programs 
under the National Transit Institute (49 U.S.C. 5315); 
$8,250,000 is available to carry out transit cooperative 
research programs (49 U.S.C. 5313(a)); $43,841,600 is available 
for metropolitan planning (49 U.S.C. 5303, 5304, and 
5305);$9,158,400 is available for state planning (49 U.S.C. 5313(b)); 
and $27,500,000 is available for the national planning and research 
program (49 U.S.C. 5314): Provided further, That of the total budget 
authority made available for the national planning and research 
program, the Federal Transit Administration shall provide the following 
amounts for the projects and activities listed below:
            City of Branson, MO congestion study, $450,000;
            Skagit County, WA North Sound connecting 
        communities project, Skagit County Council of 
        Governments, $50,000;
            Desert air quality comprehensive analysis, Las 
        Vegas, NV, $1,000,000;
            Vegetation control on rail rights-of-way survey, 
        $250,000;
            Zinc-air battery bus technology demonstration, 
        $1,500,000;
            North Orange-South Seminole County, FL fixed 
        guideway technology, $750,000;
            Galveston, TX fixed guideway activities, $750,000;
            Washoe County, NV transit technology, $1,250,000;
            Massachusetts Bay Transit Authority advanced 
        electric transit buses and related infrastructure, 
        $1,500,000;
            Palm Springs, CA fuel cell buses, $1,000,000;
            Gloucester, MA intermodal technology center, 
        $1,500,000;
            Southeastern Pennsylvania Transit Authority 
        advanced propulsion control system, $2,000,000;
            Project ACTION, $3,000,000;
            Advanced transportation and alternative fuel 
        vehicle technology consortium (CALSTART), $2,000,000;
            Rural transportation assistance program, $750,000;
            JOBLINKS, $1,000,000;
            Fleet operations, including bus rapid transit, 
        $1,500,000;
            Northern tier community transportation, 
        Massachusetts, $500,000;
            Hennepin County community transportation, 
        Minnesota, $1,000,000; and
            Seattle, Washington livable city, $200,000.

                      Trust Fund Share of Expenses


                (liquidation of contract authorization)


                          (highway trust fund)


    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 
3038 of Public Law 105-178, $4,251,800,000, to remain available 
until expended and to be derived from the Mass Transit Account 
of the Highway Trust Fund: Provided, That $2,280,000,000 shall 
be paid to the Federal Transit Administration's formula grants 
account: Provided further, That $78,200,000 shall be paid to 
the Federal Transit Administration's transit planning and 
research account: Provided further, That $43,200,000 shall be 
paid to the Federal Transit Administration's administrative 
expenses account: Provided further, That $4,800,000 shall be 
paid to the Federal Transit Administration's university 
transportation research account: Provided further, That 
$40,000,000 shall be paid to the Federal Transit 
Administration's job access and reverse commute grants program: 
Provided further, That $1,805,600,000 shall be paid to the 
Federal Transit Administration's Capital Investment Grants 
account.

                       Capital Investment Grants


                     (including transfer of funds)


    For necessary expenses to carry out 49 U.S.C. 5308, 5309, 
5318, and 5327, $451,400,000, to remain available until 
expended: Provided, That no more than $2,257,000,000 of budget 
authority shall be available for these purposes: Provided 
further, That notwithstanding any other provision of law, there 
shall be available for fixed guideway modernization, 
$902,800,000; there shall be available for the replacement, 
rehabilitation, and purchase of buses and related equipment and 
the construction of bus-related facilities, $451,400,000, 
together with $50,000,000 transferred from ``Federal Transit 
Administration, Formula grants'', to be available for the 
following projects in amounts specified below:


----------------------------------------------------------------------------------------------------------------
 No.                     State                                         Project                        Conference
----------------------------------------------------------------------------------------------------------------
   1 Alaska                                     Anchorage Ship Creek intermodal facility.........   $4,300,000
   2 Alaska                                     Fairbanks intermodal rail/bus transfer facility..    2,000,000
   3 Alaska                                     North Slope Borough buses........................      500,000
   4 Alaska                                     Whittier intermodal facility and pedestrian            700,000
                                                 overpass.
   5 Alabama                                    Birmingham intermodal facility...................    2,000,000
   6 Alabama                                    Birmingham-Jefferson County, buses...............    1,250,000
   7 Alabama                                    Dothan Wiregrass Transit Authority demand              500,000
                                                 response shuttle vehicles and transit facility.
   8 Alabama                                    Huntsville, intermodal space centers.............    5,000,000
   9 Alabama                                    Huntsville, transit facility.....................    1,000,000
  10 Alabama                                    Jasper buses.....................................       50,000
  11 Alabama                                    Lee-Russell Council buses........................      790,000
  12 Alabama                                    Mobile, GM&O building............................    5,000,000
  13 Alabama                                    Montgomery Union Station intermodal center and       5,000,000
                                                 buses.
  14 Alabama                                    Pritchard, bus transfer facility.................      500,000
  15 Alabama                                    Tuscaloosa, intermodal center....................    1,950,000
  16 Alabama                                    University of North Alabama pedestrian walkways..      800,000
  17 Arkansas                                   Arkansas Highway and Transit Department buses....      200,000
  18 Arkansas                                   Fayetteville, University of Arkansas Transit           500,000
                                                 System buses.
  19 Arkansas                                   Hot Springs, transportation depot and plaza......      560,000
  20 Arkansas                                   Little Rock, Central Arkansas Transit buses......      300,000
  21 Arkansas                                   Statewide bus needs..............................    1,500,000
  22 Arizona                                    Phoenix bus and bus facilities...................    4,000,000
  23 Arizona                                    Tucson alternatively fueled buses................    2,000,000
  24 Arizona                                    Tucson intermodal facility.......................    1,000,000
  25 California                                 Central Contra Costa County transit vans.........      200,000
  26 California                                 Culver City, CityBus buses.......................    1,250,000
  27 California                                 Davis, Unitrans transit maintenance facility.....      625,000
  28 California                                 Davis/Sacramento area hydrogen bus technology          950,000
                                                 program.
  29 California                                 Folsom multimodal facility.......................    1,000,000
  30 California                                 Healdsburg, intermodal facility..................    1,000,000
  31 California                                 Humboldt, intermodal facility....................    1,000,000
  32 California                                 Huntington Beach buses...........................      200,000
  33 California                                 I-5 corridor intermodal transit centers..........    2,500,000
  34 California                                 Lake Tahoe intermodal transit center.............      500,000
  35 California                                 Livermore automatic vehicle locator program......    1,000,000
  36 California                                 Los Angeles County Metropolitan transportation       3,000,000
                                                 authority buses.
  37 California                                 Los Angeles Foothills Transit maintenance            1,000,000
                                                 facility.
  38 California                                 Los Angeles municipal transit operators              2,500,000
                                                 consortium.
  39 California                                 Los Angeles, Union Station Gateway Intermodal        1,250,000
                                                 Transit Center.
  40 California                                 Modesto, bus maintenance facility................    1,355,000
  41 California                                 Monterey, Monterey-Salinas buses.................      625,000
  42 California                                 Morongo Basin, Transit Authority bus facility....      650,000
  43 California                                 North San Diego County transit district buses....    1,750,000
  44 California                                 Perris, bus maintenance facility.................    1,250,000
  45 California                                 Riverside Transit Agency buses and facilities and    1,000,000
                                                 ITS applications.
  46 California                                 Sacramento, CNG buses............................    1,250,000
  47 California                                 San Bernardino buses.............................    1,000,000
  48 California                                 San Diego City College multimodal center (12th       1,000,000
                                                 Avenue/College Station).
  49 California                                 San Fernando Valley smart shuttle buses..........      300,000
  50 California                                 San Francisco, Islais Creek maintenance facility.    1,250,000
  51 California                                 San Joaquin (Stockton) buses and bus facilities..    1,000,000
  52 California                                 Santa Clara Valley Transportation Authority buses    1,000,000
                                                 and bus facilities.
  53 California                                 Santa Clarita transit maintenance facility.......    2,250,000
  54 California                                 Santa Cruz metropolitan bus facilities...........      625,000
  55 California                                 Santa Cruz transit facility......................    1,000,000
  56 California                                 Santa Rosa/Cotati, and Rohnert Park facilities...      750,000
  57 California                                 Santa Rosa/Cotati, intermodal transportation           750,000
                                                 facilities.
  58 California                                 Solano Links intercity transit consortium........    1,000,000
  59 California                                 Ukiah Transit Center.............................      500,000
  60 California                                 Windsor, Intermodal Facility.....................      750,000
  61 California                                 Woodland Hills, Warner Center Transportation Hub.      325,000
  62 California                                 Yolo County, bus facility........................    1,200,000
  63 Colorado                                   Boulder/Denver, RTD buses........................      625,000
  64 Colorado                                   Colorado buses and bus facilities................    6,800,000
  65 Colorado                                   Denver, Stapleton Intermodal Center..............    1,250,000
  66 Connecticut                                Hartford, Transportation Access Project..........      800,000
  67 Connecticut                                New Haven, bus facility..........................    2,250,000
  68 Connecticut                                Norwich, buses...................................    2,250,000
  69 Connecticut                                Waterbury, bus facility..........................    2,250,000
  70 District/Columbia                          Fuel cell bus and bus facilities program (section    4,850,000
                                                 3015(b)).
  71 District/Columbia                          Washington, D.C. Intermodal Transportation Center    2,500,000
  72 Delaware                                   Delaware statewide buses.........................    1,000,000
  73 Florida                                    Broward County, buses............................    1,000,000
  74 Florida                                    Clearwater multimodal facility...................    2,500,000
  75 Florida                                    Daytona Beach, Intermodal Center.................    2,500,000
  76 Florida                                    Gainesville buses and equipment..................    1,500,000
  77 Florida                                    Jacksonville buses and bus facilities............    1,000,000
  78 Florida                                    Lakeland, Citrus Connection transit vehicles and     1,250,000
                                                 related equipment.
  79 Florida                                    Lynx buses and bus facilities....................    1,000,000
  80 Florida                                    Miami, bus security and surveillance.............    1,000,000
  81 Florida                                    Miami Beach multimodal transit center............    1,000,000
  82 Florida                                    Miami Beach, Electric Shuttle Service............      750,000
  83 Florida                                    Miami-Dade, buses................................    2,250,000
  84 Florida                                    Orlando, Intermodal Facility.....................    2,500,000
  85 Florida                                    Tampa Hartline buses.............................    1,250,000
  86 Georgia                                    Atlanta, MARTA buses.............................   12,000,000
  87 Georgia                                    Savannah/Chatham Area transit bus transfer           3,500,000
                                                 centers and buses.
  88 Hawaii                                     Honolulu, bus facility and buses.................    3,250,000
  89 Illinois                                   Illinois statewide buses and bus-related             6,800,000
                                                 equipment.
  90 Illinois                                   Rock Island, buses...............................    2,500,000
  91 Indiana                                    City of East Chicago buses.......................      200,000
  92 Indiana                                    Gary, Transit Consortium buses...................    1,250,000
  93 Indiana                                    Indianapolis, buses..............................    5,000,000
  94 Indiana                                    South Bend, Urban Intermodal Transportation          1,250,000
                                                 Facility.
  95 Iowa                                       Fort Dodge, Intermodal Facility (Phase II).......      885,000
  96 Iowa                                       Iowa statewide buses and bus facilities..........    3,000,000
  97 Iowa                                       Iowa/Illinois Transit Consortium bus safety and      1,000,000
                                                 security.
  98 Iowa                                       Sioux City park and ride bus facility............    1,800,000
  99 Kansas                                     Johnson County bus maintenance/operations            2,000,000
                                                 facility.
 100 Kentucky                                   Louisville, Kentucky University of Louisville and    3,000,000
                                                 River City buses.
 101 Kentucky                                   Northern Kentucky Area Development District            100,000
                                                 senior citizen buses.
 102 Kentucky                                   Owensboro buses..................................      200,000
 103 Kentucky                                   Southern and eastern Kentucky buses and bus          2,000,000
                                                 facilities.
 104 Louisiana                                  Statewide buses and bus-related facilities.......   11,000,000
 105 Massachusetts                              Essex and Middlesex buses........................    3,128,000
 106 Massachusetts                              New Bedford/Fall River Mobile Access to health         250,000
                                                 care.
 107 Massachusetts                              Pittsfield intermodal center.....................    4,600,000
 108 Massachusetts                              Springfield, Union Station.......................    1,250,000
 109 Massachusetts                              Westfield intermodal center......................    2,000,000
 110 Massachusetts                              Worcester, Union Station Intermodal                  2,500,000
                                                 Transportation Center.
 111 Maryland                                   Maryland statewide bus facilities and buses......   10,000,000
 112 Michigan                                   Lansing, CATA bus technology improvements........      600,000
 113 Michigan                                   Michigan statewide buses.........................   10,000,000
 114 Minnesota                                  Duluth, Transit Authority community circulation      1,000,000
                                                 vehicles.
 115 Minnesota                                  Duluth, Transit Authority intelligent                  500,000
                                                 transportation systems.
 116 Minnesota                                  Duluth, Transit Authority Transit Hub............      500,000
 117 Minnesota                                  Northstar Corridor, Intermodal Facilities and        6,000,000
                                                 buses.
 118 Minnesota                                  Twin Cities area metro transit buses and bus         9,500,000
                                                 facilities.
 119 Missouri                                   Kansas City Union Station redevelopment..........    2,500,000
 120 Missouri                                   OATS Transit.....................................    2,500,000
 121 Missouri                                   Southwest Missouri State University park and ride    1,000,000
                                                 facility.
 122 Missouri                                   St. Louis, Bi-state Intermodal Center............    1,250,000
 123 Missouri                                   Statewide bus and bus facilities.................    4,500,000
 124 Mississippi                                Harrison County multimodal center/hybrid electric    1,900,000
                                                 shuttle buses.
 125 Mississippi                                High Street, Jackson intermodal center...........    2,000,000
 126 Mississippi                                Jackson buses and facilities.....................    1,600,000
 127 Montana                                    Butte bus replacements...........................    1,500,000
 128 Nevada                                     Clark County Regional Transportation Commission      2,615,000
                                                 buses and bus facilities.
 129 Nevada                                     Reno, RTC transit passenger and facility security    1,250,000
                                                 improvements.
 130 Nevada                                     Washoe County, transit improvements..............    2,250,000
 131 New Hampshire                              Berlin Tri-County Community Action transit garage      120,000
 132 New Hampshire                              Carroll County transportation alliance buses.....      200,000
 133 New Hampshire                              Concord Area Transit buses.......................      750,000
 134 New Hampshire                              Greater Laconia Transit Agency buses.............      450,000
 135 New Hampshire                              Keene HCS community care buses and equipment.....      100,000
 136 New Hampshire                              Lebanon advance transit buses....................      150,000
 137 New Hampshire                              Statewide transit systems........................    1,000,000
 138 New Jersey                                 New Jersey Transit jitney shuttle buses..........    1,750,000
 139 New Jersey                                 Newark, Morris & Essex Station access and buses..    1,250,000
 140 New Jersey                                 South Amboy, Regional Intermodal Transportation      1,250,000
                                                 Initiative.
 141 New Jersey                                 Statewide alternatively fueled vehicles..........    7,500,000
 142 New Mexico                                 Albuquerque, buses, paratransit vehicles, and bus    3,750,000
                                                 facility.
 143 New Mexico                                 Northern New Mexico park and ride facilities.....    2,000,000
 144 New York                                   Babylon, Intermodal Center.......................    1,250,000
 145 New York                                   Brookhaven Town, elderly and disabled buses and        225,000
                                                 vans.
 146 New York                                   Brooklyn-Staten Island, Mobility Enhancement           800,000
                                                 buses.
 147 New York                                   Broome County buses and fare collection equipment      900,000
 148 New York                                   Buffalo, Auditorium Intermodal Center............    3,000,000
 149 New York                                   Dutchess County, Loop System buses...............      521,000
 150 New York                                   East Hampton, elderly and disabled buses and vans      100,000
 151 New York                                   Ithaca, TCAT bus technology improvements.........    1,250,000
 152 New York                                   Long Beach central bus facility..................      750,000
 153 New York                                   Long Island, CNG transit vehicles and facilities     1,250,000
                                                 and bus replacement.
 154 New York                                   Mineola/Hicksville, LIRR Intermodal Centers......    1,250,000
 155 New York                                   Nassau County CNG buses..........................    1,000,000
 156 New York                                   New York City Midtown West Ferry Terminal........    1,500,000
 157 New York                                   New York, West 72nd St. Intermodal Station.......    1,750,000
 158 New York                                   Niagara Frontier Transportation Authority Hublink      500,000
 159 New York                                   Rensselaer intermodal bus facility...............    1,000,000
 160 New York                                   Riverhead, elderly and disabled buses and vans...      125,000
 161 New York                                   Rochester central bus facility...................    1,000,000
 162 New York                                   Rome, Intermodal Center..........................      400,000
 163 New York                                   Shelter Island, elderly and disabled buses and         100,000
                                                 vans.
 164 New York                                   Smithtown, elderly and disabled buses and vans...      125,000
 165 New York                                   Southampton, elderly and disabled buses and vans.      125,000
 166 New York                                   Southold, elderly and disabled buses and vans....      100,000
 167 New York                                   Suffolk County, elderly and disabled buses and         100,000
                                                 vans.
 168 New York                                   Syracuse CNG buses and facilities................    2,000,000
 169 New York                                   Ulster County bus facilities and equipment.......    1,000,000
 170 New York                                   Utica and Rome, bus facilities and buses.........      500,000
 171 New York                                   Utica, Union Station.............................    2,100,000
 172 New York                                   Westchester County, Bee-Line transit system            979,000
                                                 fareboxes.
 173 New York                                   Westchester County, Bee-Line transit system          1,000,000
                                                 shuttle buses.
 174 New York                                   Westchester County, DOT articulated buses........    1,250,000
 175 North Carolina                             Greensboro, Multimodal Center....................    3,340,000
 176 North Carolina                             Greensboro, Transit Authority buses..............    1,500,000
 177 North Carolina                             Greensboro, Transit Authority small buses and          321,000
                                                 vans.
 178 North Carolina                             Statewide buses and bus facilities...............    5,000,000
 179 North Dakota                               Statewide buses and bus-related facilities.......    2,000,000
 180 Ohio                                       Cleveland, Triskett Garage bus maintenance             625,000
                                                 facility.
 181 Ohio                                       Dayton, Multimodal Transportation Center.........      625,000
 182 Ohio                                       Statewide buses and bus facilities...............   12,000,000
 183 Ohio                                       Toledo Mud Hens transit center study.............      200,000
 184 Oklahoma                                   Oklahoma statewide bus facilities and buses......    5,000,000
 185 Oregon                                     Lane County, Bus Rapid Transit...................    4,400,000
 186 Oregon                                     Portland, Tri-Met buses..........................    1,750,000
 187 Oregon                                     Rogue Valley transit district bus purchase.......    1,000,000
 188 Oregon                                     Salem area mass transit system buses.............    1,000,000
 189 Oregon                                     Wilsonville, buses and shelters..................      400,000
 190 Pennsylvania                               Altoona bus testing facility (section 3009)......    3,000,000
 191 Pennsylvania                               Altoona, Metro Transit Authority buses and             842,000
                                                 transit system improvements.
 192 Pennsylvania                               Altoona, Metro Transit Authority Logan Valley           80,000
                                                 Mall Suburban Transfer Center.
 193 Pennsylvania                               Altoona, Metro Transit Authority Transit Center        424,000
                                                 improvements.
 194 Pennsylvania                               Altoona, pedestrian crossover....................      800,000
 195 Pennsylvania                               Armstrong County-Mid-County, PA bus facilities         150,000
                                                 and buses.
 196 Pennsylvania                               Beaver County bus facility.......................    1,000,000
 197 Pennsylvania                               Bradford County, Endless Mountain Transportation     1,000,000
                                                 Authority buses.
 198 Pennsylvania                               Cambria County, bus facilities and buses.........      575,000
 199 Pennsylvania                               Centre Area, Transportation Authority buses......    1,250,000
 200 Pennsylvania                               Chambersburg, Transit Authority buses............      300,000
 201 Pennsylvania                               Chambersburg, Transit Authority Intermodal Center    1,000,000
 202 Pennsylvania                               Chester County, Paoli Transportation Center......    1,000,000
 203 Pennsylvania                               Crawford Area, Transportation buses..............      500,000
 204 Pennsylvania                               Erie, Metropolitan Transit Authority buses.......    1,000,000
 205 Pennsylvania                               Fayette County, Intermodal Facilities and buses..    1,270,000
 206 Pennsylvania                               Lackawanna County, Transit System buses..........      600,000
 207 Pennsylvania                               Mercer County, buses.............................      750,000
 208 Pennsylvania                               Monroe County, Transportation Authority buses....    1,000,000
 209 Pennsylvania                               Philadelphia, Frankford Transportation Center....    5,000,000
 210 Pennsylvania                               Philadelphia, Intermodal 30th Street Station.....    1,250,000
 211 Pennsylvania                               Philadelphia, Regional Transportation System for       750,000
                                                 Elderly and Disabled.
 212 Pennsylvania                               Reading, BARTA Intermodal Transportation Facility    1,750,000
 213 Pennsylvania                               Red Rose, Transit Bus Terminal...................    1,000,000
 214 Pennsylvania                               Robinson, Towne Center Intermodal Facility.......    1,500,000
 215 Pennsylvania                               Schuylkill County buses..........................      220,000
 216 Pennsylvania                               Somerset County, bus facilities and buses........      175,000
 217 Pennsylvania                               Towamencin Township, Intermodal Bus                  1,500,000
                                                 Transportation Center.
 218 Pennsylvania                               Washington County, Intermodal Facilities.........      630,000
 219 Pennsylvania                               Westmoreland County, Intermodal Facility.........      200,000
 220 Pennsylvania                               Wilkes-Barre, Intermodal Facility................    1,250,000
 221 Pennsylvania                               Williamsport, Bus Facility.......................    1,200,000
 222 Puerto Rico                                San Juan Intermodal access.......................      950,000
 223 Rhode Island                               Providence, buses and bus maintenance facility...    2,250,000
 224 Rhode Island                               Rhode Island Public Transit Authority buses......    3,200,000
 225 South Carolina                             Columbia Bus replacement.........................    1,100,000
 226 South Carolina                             Pee Dee buses and facilities.....................    1,250,000
 227 South Carolina                             South Carolina statewide Virtual Transit             1,220,000
                                                 Enterprise.
 228 South Carolina                             Spartanburg buses and facilities.................    1,000,000
 229 South Dakota                               Computerized bus dispatch system, radios, money        800,000
                                                 boxes, and lift replacements.
 230 South Dakota                               Sioux Falls buses................................    1,000,000
 231 South Dakota                               South Dakota statewide bus facilities and buses..    3,500,000
 232 Tennessee                                  Statewide buses and bus facilities...............    2,000,000
 233 Texas                                      Austin, buses....................................    2,250,000
 234 Texas                                      Brazos Transit Authority buses and facilities....    1,500,000
 235 Texas                                      Corpus Christi transit authority buses and           1,000,000
                                                 facilities.
 236 Texas                                      Dallas Area Rapid transit buses..................    2,750,000
 237 Texas                                      Fort Worth bus and paratransit vehicle project...    2,500,000
 238 Texas                                      Galveston buses and bus facilities...............    1,000,000
 239 Texas                                      Texas statewide small urban and rural buses......    6,000,000
 240 Utah                                       Ogden, Intermodal Center.........................      800,000
 241 Utah                                       Utah Hybrid electric vehicle bus purchase........    1,500,000
 242 Utah                                       Utah Transit Authority, Intermodal Facilities....    1,500,000
 243 Utah                                       Utah Transit Authority/Park City Transit, buses..    6,500,000
 244 Vermont                                    Brattleboro Union Station multimodal center......    2,500,000
 245 Vermont                                    Burlington intermodal center.....................    1,000,000
 246 Vermont                                    Deerfield Valley Transit authority...............      500,000
 247 Virginia                                   Alexandria, bus maintenance facility and Crystal     1,000,000
                                                 City canopy project.
 248 Virginia                                   Alexandria, King Street Station access...........    1,100,000
 249 Virginia                                   Harrisonburg, buses..............................      200,000
 250 Virginia                                   Lynchburg, buses.................................      200,000
 251 Virginia                                   Richmond, GRTC bus maintenance facility..........    1,250,000
 252 Virginia                                   Roanoke, buses...................................      200,000
 253 Virginia                                   Statewide buses and bus facilities...............   10,000,000
 254 Washington                                 Anacortes ferry terminal information system......      500,000
 255 Washington                                 Ben Franklin transit operating facility..........    1,000,000
 256 Washington                                 Bremerton transportation center..................    1,000,000
 257 Washington                                 Central Puget Sound Seattle bus program..........    8,000,000
 258 Washington                                 Chelan-Douglas multimodal center.................      900,000
 259 Washington                                 Everett, Multimodal Transportation Center........    1,950,000
 260 Washington                                 Grant County, buses and vans.....................      600,000
 261 Washington                                 Mount Vernon, Multimodal Center..................    1,750,000
 262 Washington                                 Port Angeles center..............................    1,000,000
 263 Washington                                 Seattle, Intermodal Transportation Terminal......    1,250,000
 264 Washington                                 Snohomish County, Community transit buses........    1,000,000
 265 Washington                                 Tacoma Dome, buses and bus facilities............    1,750,000
 266 Washington                                 Thurston County intercity buses..................    1,000,000
 267 Washington                                 Vancouver, Clark County (C-Tran) bus facilities..    1,000,000
 268 Wisconsin                                  Milwaukee County, buses..........................    4,000,000
 269 Wisconsin                                  Wisconsin statewide bus facilities and buses.....   12,875,000
 270 West Virginia                              Huntington, Intermodal Facility..................    8,000,000
 271 West Virginia                              West Virginia statewide Intermodal Facility and      6,500,000
                                                 buses.
----------------------------------------------------------------------------------------------------------------

; and there shall be available for new fixed guideway systems, 
$902,800,000, to be available as follows:
            $10,400,000 for the Alaska or Hawaii ferry 
        projects;
            $5,000,000 for the Albuquerque light rail project;
            $52,110,000 for the Atlanta-North Springs project;
            $1,000,000 for the Austin Capital metro project;
            $500,000 for the Baltimore central downtown transit 
        alternatives major investment study;
            $1,000,000 for the Baltimore light rail double 
        track project;
            $1,000,000 for the Birmingham, Alabama alternatives 
        analysis study and preliminary engineering;
            $500,000 for the Boston North-South rail link 
        project;
            $750,000 for the Boston urban ring project;
            $2,000,000 for the Burlington-Essex, Vermont 
        commuter rail project;
            $2,200,000 for the Canton-Akron-Cleveland commuter 
        rail project;
            $2,200,000 for the Charleston, South Carolina 
        monobeam rail project;
            $3,000,000 for the Charlotte, North Carolina South-
        North corridor transitway project;
            $6,000,000 for the Chicago Metra commuter rail 
        extensions and upgrades project;
            $3,000,000 for the Chicago Transit Authority 
        Ravenswood and Douglas branch lines projects: Provided, 
        That recognizing the nature of these projects, of the 
        requirements of 49 U.S.C. section 5309(e), only 
        sections 5309(e)(1)(C) and 5309(e)(4) shall apply;
            $1,800,000 for the Cincinnati Northeast/Northern 
        Kentucky rail line project;
            $4,000,000 for the Clark County, Nevada fixed 
        guideway project;
            $1,000,000 for the Cleveland Berea Red Line 
        extension to the Hopkins International Airport project;
            $2,000,000 for the Cleveland Euclid corridor 
        improvement project;
            $500,000 for the Colorado-North Front Range 
        corridor feasibility study;
            $12,000,000 for the Dallas-Fort Worth RAILTRAN 
        project;
            $16,000,000 for the DART North Central light rail 
        extension project;
            $1,000,000 for the Dayton, Ohio light rail study;
            $40,000,000 for the Denver Southwest Corridor 
        project;
            $500,000 for the Denver Southeast Corridor 
        multimodal corridor project;
            $17,000,000 for the Dulles corridor project;
            $4,000,000 for the Fort Lauderdale, Florida Tri-
        County commuter rail project;
            $1,000,000 for the Harrisburg, Pennsylvania capital 
        area transit/corridor one project;
            $1,500,000 for the Hartford, Connecticut light rail 
        project;
            $3,000,000 for the Honolulu, Hawaii major 
        investment analysis of transit alternatives;
            $2,000,000 for the Houston advanced regional 
        transit program;
            $59,670,000 for the Houston Regional Bus project;
            $1,000,000 for the Johnson County, Kansas I-35 
        commuter rail project;
            $500,000 for the Kansas City, Missouri commuter 
        rail study;
            $500,000 for the Kenosha-Racine-Milwaukee, 
        Wisconsin commuter rail project;
            $250,000 for the King County, Washington Elliot Bay 
        water taxi;
            $1,500,000 for the Knoxville, Tennessee electric 
        transit project;
            $1,000,000 for the Largo, Maryland Metro Blue Line 
        extension project;
            $1,000,000 for the Little Rock, Arkansas River rail 
        project;
            $24,000,000 for the Long Island Railroad East Side 
        access project, New York;
            $38,000,000 for the Los Angeles MOS-3 project;
            $1,000,000 for the Massachusetts North Shore 
        corridor project;
            $17,041,000 for the MARC commuter rail project;
            $1,000,000 for the Maryland Route 5 corridor;
            $2,200,000 for the Memphis, Tennessee Medical 
        Center rail extension project;
            $3,000,000 for the Miami Metro-Dade Transit east-
        west corridor project;
            $3,000,000 for the Miami Metro-Dade North 27th 
        Avenue corridor project;
            $8,000,000 for the Mid-City and East Side projects, 
        Los Angeles;
            $4,000,000 for the Morgantown, West Virginia fixed 
        guideway modernization project;
            $1,000,000 for the Nashville, Tennessee regional 
        commuter rail project;
            $70,000,000 for the New Jersey urban core Hudson-
        Bergen LRT project;
            $6,000,000 for the New Jersey urban core Newark-
        Elizabeth rail link project;
            $500,000 for the New London, Connecticut waterfront 
        access project;
            $22,000,000 for the New Orleans Canal Street 
        corridor project;
            $2,000,000 for the New Orleans Desire Streetcar 
        project;
            $8,000,000 for the Norfolk-Virginia Beach regional 
        rail project;
            $500,000 for the Northeast Ohio commuter rail 
        study, Phase 2;
            $3,000,000 for the Northern Indiana South Shore 
        commuter rail project;
            $3,000,000 for the Oceanside-Escondido passenger 
        rail project;
            $500,000 for the Old Saybrook-Hartford, Connecticut 
        rail extension project;
            $1,000,000 for the Omaha, Nebraska trolley system;
            $2,500,000 for the Orange County, California 
        transitway project;
            $17,500,000 for the Orlando Lynx light rail 
        project;
            $3,000,000 for the Philadelphia-Reading SEPTA 
        Schuykill Valley Metro project;
            $1,000,000 for the Philadelphia SEPTA Cross County 
        Metro project;
            $5,000,000 for the Phoenix metropolitan area 
        transit project;
            $4,000,000 for the Pittsburgh Allegheny County 
        Stage II light rail project;
            $1,000,000 for the Pittsburgh North Shore central 
        business district transit options MIS;
            $25,718,000 for the Portland-Westside/Hillsboro 
        project;
            $5,000,000 for the Puget Sound RTA Link light rail 
        project;
            $41,000,000 for the Puget Sound RTA Sounder 
        commuter rail project;
            $10,000,000 for the Raleigh-Durham-Chapel Hill 
        Triangle Transit project;
            $23,480,000 for the Sacramento south corridor LRT 
        project;
            $70,000,000 for the Salt Lake City South LRT 
        project;
            $5,000,000 for the Salt Lake City/Airport to 
        University (West-East) light rail project: Provided 
        further, That the non-governmental share for these 
        funds shall be determined in accordance with Section 
        3030(c)(2)(B)(ii) of the Transportation Equity Act for 
        the 21st Century, as amended (Public Law 105-178);
            $1,000,000 for the San Bernardino Metrolink 
        extension project;
            $2,000,000 for the San Diego Mid-Coast corridor 
        project;
            $1,500,000 for the San Diego Mission Valley East 
        light rail transit project;
            $40,000,000 for the San Francisco BART extension to 
        the airport project;
            $500,000 for the San Jacinto-Branch Line (Riverside 
        County) project;
            $27,000,000 for the San Jose Tasman LRT project;
            $20,000,000 for the San Juan Tren Urbano;
            $500,000 for the Savannah, Georgia water taxi;
            $250,000 for the Sioux City micro rail trolley 
        system;
            $53,983,000 for the South Boston Piers MOS-2 
        project;
            $1,000,000 for the South Dekalb-Lindburgh corridor 
        LRT project;
            $200,000 for the Southeast Michigan commuter rail 
        viability project;
            $1,000,000 for the Spokane, Washington light rail 
        project;
            $500,000 for the St. Louis-Jefferson City-Kansas 
        City, Missouri commuter rail project;
            $35,000,000 for the St. Louis-St. Clair LRT 
        extension project;
            $1,000,000 for the Stamford, Connecticut fixed 
        guideway connector;
            $1,000,000 for the Tampa Bay regional rail project;
            $17,000,000 for the Twin Cities Transitways 
        project;
            $2,000,000 for the Virginia Railway Express 
        Woodbridge station improvements project; and
            $1,000,000 for the West Trenton, New Jersey rail 
        project:
Provided further, That funds provided in Public Law 105-66 for 
the Pennsylvania Strawberry Hill/Diamond Branch rail project 
shall be available for the Laurel Rail line project in 
Lackawanna County, Pennsylvania.

                       Mass Transit Capital Fund


                (liquidation of contract authorization)


                          (highway trust fund)


    Notwithstanding any other provision of law, for payment of 
previous obligations incurred in carrying out 49 U.S.C. 
5338(b), $2,000,000,000, to remain available until expended and 
to be derived from the Mass Transit Account of the Highway 
Trust Fund.

                 Job Access and Reverse Commute Grants

    For necessary expenses to carry out section 3037 of the 
Federal Transit Act of 1998, $35,000,000, to remain available 
until expended: Provided, That no more than $75,000,000 of 
budget authority shall be available for these purposes: 
Provided further, That of the amounts appropriated under this 
head, not more than $10,000,000 shall be used for grants for 
reverse commute projects.

             Washington Metropolitan Area Transit Authority

    For necessary expenses to carry out the provisions of 
section 14 of Public Law 96-184 and Public Law 101-551, 
$50,000,000, to remain available until expended.

             SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of 
funds and borrowing authority available to the Corporation, and 
in accord with law, and to make such contracts and commitments 
without regard to fiscal year limitations as provided by 
section 104 of the Government Corporation Control Act, as 
amended, as may be necessary in carrying out the programs set 
forth in the Corporation's budget for the current fiscal year.

                       Operations and Maintenance


                    (harbor maintenance trust fund)


    For necessary expenses for operations and maintenance of 
those portions of the Saint Lawrence Seaway operated and 
maintained by the Saint Lawrence Seaway Development 
Corporation, $11,496,000, to be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

    For expenses necessary to discharge the functions of the 
Research and Special Programs Administration, $29,280,000, of 
which $574,000 shall be derived from the Pipeline Safety Fund, 
and of which $3,460,000 shall remain available until September 
30, 2001: Provided, That up to $1,200,000 in fees collected 
under 49 U.S.C. 5108(g) shall be deposited in the general fund 
of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available 
until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources 
for expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance 
of hazardous materials exemptions and approvals functions.

                            Pipeline Safety


                         (pipeline safety fund)


                    (oil spill liability trust fund)


    For expenses necessary to conduct the functions of the 
pipeline safety program, for grants-in-aid to carry out a 
pipeline safety program, as authorized by 49 U.S.C. 60107, and 
to discharge the pipeline program responsibilities of the Oil 
Pollution Act of 1990, $33,248,000, of which $4,248,000 shall 
be derived from the Oil Spill Liability Trust Fund and shall 
remain available until September30, 2001; and of which 
$29,000,000 shall be derived from the Pipeline Safety Fund, of which 
$16,219,000 shall remain available until September 30, 2001: Provided, 
That in addition to amounts made available for the Pipeline Safety 
Fund, $1,400,000 shall be available for grants to States for the 
development and establishment of one-call notification systems and 
public education activities, and shall be derived from amounts 
previously collected under 49 U.S.C. 60301.

                     Emergency Preparedness Grants


                     (emergency preparedness fund)


    For necessary expenses to carry out 49 U.S.C. 5127(c), 
$200,000, to be derived from the Emergency Preparedness Fund, 
to remain available until September30, 2001: Provided, That not 
more than $11,000,000 shall be made available for obligation in fiscal 
year 1999 from amounts made available by 49 U.S.C. 5116(i) and 5127(d): 
Provided further, That none of the funds made available by 49 U.S.C. 
5116(i) and 5127(d) shall be made available for obligation by 
individuals other than the Secretary of Transportation, or his 
designee.

                      OFFICE OF INSPECTOR GENERAL

                         Salaries and Expenses

    For necessary expenses of the Office of Inspector General 
to carry out the provisions of the Inspector General Act of 
1978, as amended, $43,495,000.

                      SURFACE TRANSPORTATION BOARD

                         Salaries and Expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $16,000,000: 
Provided, That notwithstanding any other provision of law, not 
to exceed $2,600,000 from fees established by the Chairman of 
the Surface Transportation Board shall be credited to this 
appropriation as offsetting collections and used for necessary 
and authorized expenses under this heading: Provided further, 
That the sum herein appropriated from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting 
collections are received during fiscal year 1999, to result in 
a final appropriation from the general fund estimated at no 
more than $16,000,000: Provided further, That any fees received 
in excess of $2,600,000 in fiscal year 1999 shall remain 
available until expended, but shall not be available for 
obligation until October 1, 1999.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                         Salaries and Expenses

    For expenses necessary for the Architectural and 
Transportation Barriers Compliance Board, as authorized by 
section 502 of the Rehabilitation Act of 1973, as amended, 
$3,847,000: Provided, That, notwithstanding any other provision 
of law, there may be credited to this appropriation funds 
received for publications and training expenses.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

    For necessary expenses of the National Transportation 
Safety Board, including hire of passenger motor vehicles and 
aircraft; services as authorized by 5 U.S.C. 3109, but at rates 
for individuals not to exceed the per diem rate equivalent to 
the rate for a GS-15; uniforms, or allowances therefor, as 
authorized by law (5 U.S.C. 5901-5902), $53,473,000, of which 
not to exceed $2,000 may be used for official reception and 
representation expenses.

                             Emergency Fund

    For necessary expenses of the National Transportation 
Safety Board for accident investigations, including hire of 
passenger motor vehicles and aircraft; services as authorized 
by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, 
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902), $1,000,000, to remain available until expended.

                               TITLE III

                           GENERAL PROVISIONS


                     (including transfers of funds)


    Sec. 301. During the current fiscal year applicable 
appropriations to the Department of Transportation shall be 
available for maintenance and operation of aircraft; hire of 
passenger motor vehicles and aircraft; purchase of liability 
insurance for motor vehicles operating in foreign countries on 
official department business; and uniforms, or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 302. Such sums as may be necessary for fiscal year 
1999 pay raises for programs funded in this Act shall be 
absorbed within the levels appropriated in this Act or previous 
appropriations Acts.
    Sec. 303. Funds appropriated under this Act for 
expenditures by the Federal Aviation Administration shall be 
available: (1) except as otherwise authorized by title VIII of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7701 et seq.), for expenses of primary and secondary schooling 
for dependents of Federal Aviation Administration personnel 
stationed outside the continental United States at costs for 
any given area not in excess of those of the Department of 
Defense for the same area, when it is determined by the 
Secretary that the schools, if any, available in the locality 
are unable to provide adequately for the education of such 
dependents; and (2) for transportation of said dependents 
between schools serving the area that they attend and their 
places of residence when the Secretary, under such regulations 
as may be prescribed, determines that such schools are not 
accessible by public means of transportation on a regular 
basis.
    Sec. 304. Appropriations contained in this Act for the 
Department of Transportation shall be available for services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not 
to exceed the per diem rate equivalent to the rate for an 
Executive Level IV.
    Sec. 305. None of the funds in this Act shall be available 
for salaries and expenses of more than 100 political and 
Presidential appointees in the Department of Transportation: 
Provided, That none of the personnel covered by this provision 
may be assigned on temporary detail outside the Department of 
Transportation.
    Sec. 306. None of the funds in this Act shall be used for 
the planning or execution of any program to pay the expenses 
of, or otherwise compensate, non-Federal parties intervening in 
regulatory or adjudicatory proceedings funded in this Act.
    Sec. 307. None of the funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, 
nor may any be transferred to other appropriations, unless 
expressly so provided herein.
    Sec. 308. The Secretary of Transportation may enter into 
grants, cooperative agreements, and other transactions with any 
person, agency, or instrumentality of the United States, any 
unit of State or local government, any educational institution, 
and any other entity in execution of the Technology 
Reinvestment Project authorized under the Defense Conversion, 
Reinvestment and Transition Assistance Act of 1992 and related 
legislation: Provided, That the authority provided in this 
section may be exercised without regard to section 3324 of 
title 31, United States Code.
    Sec. 309. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract 
pursuant to section 3109 of title 5, United States Code, shall 
be limited to those contracts where such expenditures are a 
matter of public record and available for public inspection, 
except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.
    Sec. 310. (a) For fiscal year 1999, the Secretary of 
Transportation shall--
            (1) not distribute from the obligation limitation 
        for Federal-aid Highways amounts authorized for 
        administrative expenses and programs funded from the 
        administrative takedown authorized by section 104(a) of 
        title 23, United States Code, and amounts authorized 
        for the highway use tax evasion program and the Bureau 
        of Transportation Statistics.
            (2) not distribute an amount from the obligation 
        limitation for Federal-aid Highways that is equal to 
        the unobligated balance of amounts made available from 
        the Highway Trust Fund (other than the Mass Transit 
        Account) for Federal-aid highways and highway safety 
        programs for the previous fiscal year the funds for 
        which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-
                aid Highways less the aggregate of amounts not 
                distributed under paragraphs (1) and (2), bears 
                to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and 
                highway safety construction programs (other 
                than sums authorized to be appropriated for 
                sections set forth in paragraphs (1) through 
                (7) of subsection (b) and sums authorized to be 
                appropriated for section 105 of title 23, 
                United States Code, equal to the amount 
                referred to in subsection (b)(8)) for such 
                fiscal year less the aggregate of the amounts 
                not distributed under paragraph (1) of this 
                subsection;
            (4) distribute the obligation limitation for 
        Federal-aid Highways less the aggregate amounts not 
        distributed under paragraphs (1) and (2) for section 
        117 of title 23, United States Code (relating to high 
        priority projects program), section 201 of the 
        Appalachian Regional Development Act of 1965, the 
        Woodrow Wilson Memorial Bridge Authority Act of 1995, 
        and $2,000,000,000 for such fiscal year under section 
        105 of the Transportation Equity Act for the 21st 
        Century (relating to minimum guarantee) so that the 
        amount of obligation authority available for each of 
        such sections is equal to the amount determined by 
        multiplying the ratio determined under paragraph (3) by 
        the sums authorized to be appropriated for such section 
        (except in the case of section 105, $2,000,000,000) for 
        such fiscal year;
            (5) distribute the obligation limitation provided 
        for Federal-aid Highways less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraph (4) for each of the 
        programs that are allocated by the Secretary under 
        title 23, United States Code (other than activities to 
        which paragraph (1) applies and programs to which 
        paragraph (4) applies) by multiplying the ratio 
        determined under paragraph (3) by the sums authorized 
        to be appropriated for such program for such fiscal 
        year; and
            (6) distribute the obligation limitation provided 
        for Federal-aid Highways less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraphs (4) and (5) for Federal-
        aid highways and highway safetyconstruction programs 
(other than the minimum guarantee program, but only to the extent that 
amounts apportioned for the minimum guarantee program for such fiscal 
year exceed $2,639,000,000, and the Appalachian development highway 
system program) that are apportioned by the Secretary under title 23, 
United States Code, in the ratio that--
                    (A) sums authorized to be appropriated for 
                such programs that are apportioned to each 
                State for such fiscal year, bear to
                    (B) the total of the sums authorized to be 
                appropriated for such programs that are 
                apportioned to all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid Highways shall not apply to 
obligations (1) under section 125 of title 23, United States 
Code; (2) under section 147 of the Surface Transportation 
Assistance Act of 1978; (3) under section 9 of the Federal-Aid 
Highway Act of 1981; (4) under sections 131(b) and 131(j) of 
the Surface Transportation Assistance Act of 1982; (5) under 
sections 149(b) and 149(c) of the Surface Transportation and 
Uniform Relocation Assistance Act of 1987; (6) under section 
1103 through 1108 of the Intermodal Surface Transportation 
Efficiency Act of 1991; (7) under section 157 of title 23, 
United States Code, as in effect on the day before the date of 
enactment of the Transportation Equity Act for the 21st 
Century; and (8) under section 105 of title 23, United States 
Code (but, only in an amount equal to $639,000,000 for such 
fiscal year).
    (c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall after 
August 1 for such fiscal year revise a distribution of the 
obligation limitation made available under subsection (a) if a 
State will not obligate the amount distributed during that 
fiscal year and redistribute sufficient amounts to those States 
able to obligate amounts in addition to those previously 
distributed during that fiscal year giving priority to those 
States having large unobligated balances of funds apportioned 
under sections 104 and 144 of title 23, United States Code, 
section 160 (as in effect on the day before the enactment of 
the Transportation Equity Act for the 21st Century) of title 
23, United States Code, and under section 1015 of the 
Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-
1945).
    (d) Applicability of Obligation Limitations to 
Transportation Research Programs.--The obligation limitation 
shall apply to transportation research programs carried out 
under chapters 3 and 5 of title 23, United States Code, except 
that obligation authority made available for such programs 
under such limitation shall remain available for a period of 3 
fiscal years.
    (e) Redistribution of Certain Authorized Funds.--Not later 
than 30 days after the date of the distribution of obligation 
limitation under subsection (a), the Secretary shall distribute 
to the States any funds (1) that are authorized to be 
appropriated for such fiscal year for Federal-aid highways 
programs (other than the program under section 160 of title 23, 
United States Code) and for carrying out subchapter I of 
chapter 311 of title 49, United States Code, and chapter 4 of 
title 23, United States Code, and (2) that the Secretary 
determines will not be allocated to the States, and will not be 
available for obligation, in such fiscal year due to the 
imposition of any obligation limitation for such fiscal year. 
Such distribution to the States shall be made in the same ratio 
as the distribution of obligation authority under subsection 
(a)(6). The funds so distributed shall be available for any 
purposes described in section 133(b) of title 23, United States 
Code.
    (f) Special Rule.--Obligation limitation distributed for a 
fiscal year under subsection (a)(4) for a section set forth in 
subsection (a)(4) shall remain available until used for 
obligation of funds for such section and shall be in addition 
to the amount of any limitation imposed on obligations for 
Federal-aid highway and highway safety construction programs 
for future fiscal years.
    Sec. 311. The limitations on obligations for the programs 
of the Federal Transit Administration shall not apply to any 
authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available 
for obligation.
    Sec. 312. None of the funds in this Act shall be used to 
implement section 404 of title 23, United States Code.
    Sec. 313. None of the funds in this Act shall be available 
to plan, finalize, or implement regulations that would 
establish a vessel traffic safety fairway less than five miles 
wide between the Santa Barbara Traffic Separation Scheme and 
the San Francisco Traffic Separation Scheme.
    Sec. 314. Notwithstanding any other provision of law, 
airports may transfer, without consideration, to the Federal 
Aviation Administration (FAA) instrument landing systems (along 
with associated approach lighting equipment and runway visual 
range equipment) which conform to FAA design and performance 
specifications, the purchase of which was assisted by a Federal 
airport-aid program, airport development aid program or 
airportimprovement program grant. The FAA shall accept such equipment, 
which shall thereafter be operated and maintained by the FAA in 
accordance with agency criteria.
    Sec. 315. None of the funds in this Act shall be available 
to award a multiyear contract for production end items that: 
(1) includes economic order quantity or long lead time material 
procurement in excess of $10,000,000 in any one year of the 
contract; (2) includes a cancellation charge greater than 
$10,000,000 which at the time of obligation has not been 
appropriated to the limits of the Government's liability; or 
(3) includes a requirement that permits performance under the 
contract during the second and subsequent years of the contract 
without conditioning such performance upon the appropriation of 
funds: Provided, That this limitation does not apply to a 
contract in which the Federal Government incurs no financial 
liability from not buying additional systems, subsystems, or 
components beyond the basic contract requirements.
    Sec. 316. Section 218 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in the first sentence by striking ``the 
                south Alaskan border'' and inserting ``Haines'' 
                in lieu thereof;
                    (B) in the third sentence by striking 
                ``highway'' and inserting ``highway or the 
                Alaska Marine Highway System'' in lieu thereof;
                    (C) in the fourth sentence by striking 
                ``any other fiscal year thereafter'' and 
                inserting ``any other fiscal year thereafter, 
                including any portion of any other fiscal year 
                thereafter, prior to the date of the enactment 
                of the Transportation Equity Act for the 21st 
                Century'' in lieu thereof;
                    (D) in the fifth sentence by striking 
                ``construction of such highways until an 
                agreement'' and inserting ``construction of the 
                portion of such highways that are in Canada 
                until an agreement'' in lieu thereof; and
            (2) in subsection (b) by inserting ``in Canada'' 
        after ``undertaken''.
    Sec. 317. Notwithstanding any other provision of law, and 
except for fixed guideway modernization projects, funds made 
available by this Act under ``Federal Transit Administration, 
Capital investment grants'' for projects specified in this Act 
or identified in reports accompanying this Act not obligated by 
September 30, 2001, and other recoveries, shall be made 
available for other projects under 49 U.S.C. 5309.
    Sec. 318. Notwithstanding any other provision of law, any 
funds appropriated before October 1, 1998, under any section of 
chapter 53 of title 49, United States Code, that remain 
available for expenditure may be transferred to and 
administered under the most recent appropriation heading for 
any such section.
    Sec. 319. None of the funds in this Act may be used to 
compensate in excess of 350 technical staff-years under the 
federally funded research and development center contract 
between the Federal Aviation Administration and the Center for 
Advanced Aviation Systems Development during fiscal year 1999.
    Sec. 320. Funds provided in this Act for the Transportation 
Administrative Service Center (TASC) shall be reduced by 
$15,000,000, which limits fiscal year 1999 TASC obligational 
authority for elements of the Department of Transportation 
funded in this Act to no more than $109,124,000: Provided, That 
such reductions from the budget request shall be allocated by 
the Department of Transportation to each appropriations account 
in proportion to the amount included in each account for the 
Transportation Administrative Service Center.
    Sec. 321. Funds received by the Federal Highway 
Administration, Federal Transit Administration, and Federal 
Railroad Administration from States, counties, municipalities, 
other public authorities, and private sources for expenses 
incurred for training may be credited respectively to the 
Federal Highway Administration's ``Limitation on General 
Operating Expenses'' account, the Federal Transit 
Administration's ``Transit Planning and Research'' account, and 
to the Federal Railroad Administration's ``Railroad Safety'' 
account, except for State rail safety inspectors participating 
in training pursuant to 49 U.S.C. 20105.
    Sec. 322. None of the funds in this Act shall be available 
to prepare, propose, or promulgate any regulations pursuant to 
title V of the Motor Vehicle Information and Cost Savings Act 
(49 U.S.C. 32901 et seq.) prescribing corporate average fuel 
economy standards for automobiles, as defined in such title, in 
any model year that differs from standards promulgated for such 
automobiles prior to enactment of this section.
    Sec. 323. Notwithstanding any other provision of law, the 
Secretary of Transportation shall convey, without 
consideration, all right, title, and interest of the United 
States in and to the parcels of real property described in this 
section, together with any improvements thereon, as the 
Secretary considers appropriate for purposes of the conveyance, 
to the entities described in this section, namely: (1) United 
States Coast Guard Pass Manchac Lightin Tangipahoa Parish, 
Louisiana, to the State of Louisiana; and (2) Tchefuncte River Range 
Rear Light in Madisonville, Louisiana, to the Town of Madisonville, 
Louisiana.
    Sec. 324. None of the funds made available in this Act may 
be used for the purpose of promulgating or enforcing any 
regulation that has the practical effect of (a) requiring more 
than one attendant during unloading of liquefied compressed 
gases, or (b) preventing the attendant from monitoring the 
customer's liquefied compressed gas storage tank during 
unloading.
    Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by 
the Bureau of Transportation Statistics from the sale of data 
products, for necessary expenses incurred pursuant to 49 U.S.C. 
111 may be credited to the Federal-aid highways account for the 
purpose of reimbursing the Bureau for such expenses: Provided, 
That such funds shall be subject to the obligation limitation 
for Federal-aid highways and highway safety construction.
    Sec. 326. None of the funds in this Act may be obligated or 
expended for employee training which: (1) does not meet 
identified needs for knowledge, skills and abilities bearing 
directly upon the performance of official duties; (2) contains 
elements likely to induce high levels of emotional response or 
psychological stress in some participants; (3) does not require 
prior employee notification of the content and methods to be 
used in the training and written end of course evaluations; (4) 
contains any methods or content associated with religious or 
quasi-religious belief systems or ``new age'' belief systems as 
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; (5) is offensive to, or 
designed to change, participants' personal values or lifestyle 
outside the workplace; or (6) includes content related to human 
immunodeficiency virus/acquired immune deficiency syndrome 
(HIV/AIDS) other than that necessary to make employees more 
aware of the medical ramifications of HIV/AIDS and the 
workplace rights of HIV-positive employees.
    Sec. 327. None of the funds in this Act shall, in the 
absence of express authorization by Congress, be used directly 
or indirectly to pay for any personal service, advertisement, 
telegram, telephone, letter, printed or written matter, or 
other device, intended or designed to influence in any manner a 
Member of Congress, to favor or oppose, by vote or otherwise, 
any legislation or appropriation by Congress, whether before or 
after the introduction of any bill or resolution proposing such 
legislation or appropriation: Provided, That this shall not 
prevent officers or employees of the Department of 
Transportation or related agencies funded in this Act from 
communicating to Members of Congress on the request of any 
Member or to Congress, through the proper official channels, 
requests for legislation or appropriations which they deem 
necessary for the efficient conduct of the public business.
    Sec. 328. Not to exceed $1,000,000 of the funds provided in 
this Act for the Department of Transportation shall be 
available for the necessary expenses of advisory committees: 
Provided, That this limitation shall not apply to advisory 
committees established for the purpose of conducting negotiated 
rulemaking in accordance with the Negotiated Rulemaking Act, 5 
U.S.C. 561-570a, or the Coast Guard's advisory council on roles 
and missions.


                         bulk fuel storage tank


    Sec. 329. (a) Transfer of Funds.--Notwithstanding any other 
provision of law, the remainder of the balance in the Trans-
Alaska Pipeline Liability Fund that is transferred and 
deposited into the Oil Spill Liability Trust Fund under section 
8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C. 
1653 note) after June 16, 1998 shall be used in accordance with 
this section.
    (b) Use of Interest Only.--The interest produced from the 
investment of the Trans-Alaska Pipeline Liability Fund balance 
that is transferred and deposited into the Oil Spill Liability 
Trust Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution 
Act of 1990 (43 U.S.C. 1653 note) after June 16, 1998 shall be 
transferred annually by the National Pollution Funds Center to 
the Denali Commission for a program, to be developed in 
consultation with the Coast Guard, to repair or replace bulk 
fuel storage tanks in Alaska which are not in compliance with 
federal law, including the Oil Pollution Act of 1990, or State 
law.
    (c) TAPS Payment to Alaska Dedicated to Bulk Fuel Storage 
Tank Repair and Replacement.--Section 8102(a)(2)(B)(i) of 
Public Law 101-380 (43 U.S.C. 1653 note) is amended by 
inserting immediately before the semicolon, ``, which, except 
as otherwise provided under article IX, section 15, of the 
Alaska Constitution, shall be used for the remediation of 
above-ground storage tanks''.
    Sec. 330. No funds other than those appropriated to the 
Surface Transportation Board or fees collected by the Board 
shall be used for conducting the activities of the Board.
    Sec. 331. (a) None of the funds made available in this Act 
may be expended by an entity unless the entity agrees that in 
expending the funds the entity will comply with the Buy 
American Act (41 U.S.C. 10a-10c).
    (b) Sense of the Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and 
        products.--In the case of any equipment or product that 
        may be authorized to be purchased with financial 
        assistance provided using funds made available in this 
        Act, it is the sense of the Congress that entities 
        receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and 
        products to the greatest extent practicable.
            (2) Notice to recipients of assistance.--In 
        providing financial assistance using funds made 
        available in this Act, the head of each Federal agency 
        shall provide to each recipient of the assistance a 
        notice describing the statement made in paragraph (1) 
        by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined 
by a court or Federal agency that any person intentionally 
affixed a label bearing a ``Made in America'' inscription, or 
any inscription with the same meaning, to any product sold in 
or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 332. Notwithstanding any other provision of law, 
receipts, in amounts determined by the Secretary, collected 
from users of fitness centers operated by or for the Department 
of Transportation shall be available to support the operation 
and maintenance of those facilities.
    Sec. 333. None of the funds in this Act shall be available 
to implement or enforce regulations that would result in the 
withdrawal of a slot from an air carrier at O'Hare 
International Airport under section 93.223 of title 14 of the 
Code of Federal Regulations in excess of the total slots 
withdrawn from that air carrier as of October 31, 1993 if such 
additional slot is to be allocated to an air carrier or foreign 
air carrier under section 93.217 of title 14 of the Code of 
Federal Regulations.
    Sec. 334. Notwithstanding 49 U.S.C. 41742, no essential air 
service shall be provided to communities in the 48 contiguous 
States that are located fewer than 70 highway miles from the 
nearest large or medium hub airport, or that require a rate of 
subsidy per passenger in excess of $200 unless such point is 
greater than 210 miles from the nearest large or medium hub 
airport.
    Sec. 335. Rebates, refunds, incentive payments, minor fees 
and other funds received by the Department from travel 
management centers, charge card programs, the subleasing of 
building space, and miscellaneous sources are to be credited to 
appropriations of the Department and allocated to elements of 
the Department using fair and equitable criteria and such funds 
shall be available until December 31, 1999.
    Sec. 336. Notwithstanding any other provision of law, rule 
or regulation, the Secretary of Transportation is authorized to 
allow the issuer of any preferred stock heretofore sold to the 
Department to redeem or repurchase such stock upon the payment 
to the Department of an amount determined by the Secretary.
    Sec. 337. The unobligated balances of the funds made 
available in previous appropriations Acts for the National 
Civil Aviation Review Commission and for Urban Discretionary 
Grants are rescinded.
    Sec. 338. (a) Notwithstanding any other provision of law--
            (1) the land and improvements thereto comprising 
        the Coast Guard Reserve Training Facility in 
        Jacksonville, Florida, is deemed to be surplus 
        property; and
            (2) the Commandant of the Coast Guard shall dispose 
        of all right, title, and interest of the United States 
        in and to that property, by sale, at fair market value.
    (b) Right of First Refusal.--Before a sale is made under 
subsection (a) to any other person, the Commandant of the Coast 
Guard shall give to the City of Jacksonville, Florida, the 
right of first refusal to purchase all or any part of the 
property required to be sold under that subsection.
    Sec. 339. Of the funds provided under Federal Aviation 
Administration ``Operations'', $250,000 is only for activities 
and operations of the Centennial of Flight Commission.
    Sec. 340. Notwithstanding any other provision of law, the 
Secretary of Transportation shall waive repayment of any 
Federal-aid highway funds expended on the construction of those 
high occupancy lanes or auxiliary lanes constructed on I-287 in 
the State of New Jersey, pursuant to section 338 of the fiscal 
year 1993 Department of Transportation and Related Agencies 
Appropriations Act (Public Law 102-388), if the State of New 
Jersey presents the Secretary with its determination that such 
high occupancy vehicle lanes or auxiliary lanes are not in the 
public interest.
    Sec. 341. (a) Authority To Convey.--The Secretary of 
Transportation may convey, without consideration, to the State 
of North Carolina (in this section referred to as the 
``State''), all right, title, and interest of the United States 
in and to a parcel of real property, together with any 
improvements thereon, in Ocracoke, North Carolina, consisting 
of such portion of the Coast Guard Station Ocracoke, North 
Carolina, as the Secretary considers appropriate for purposes 
of the conveyance.
    (b) Conditions.--The conveyance under subsection (a) shall 
be subject to the following conditions:
            (1) That the State accept the property to be 
        conveyed under that subsection subject to such 
        easements or rights of way in favor of the United 
        States as the Secretary considers to be appropriate 
        for--
                    (A) utilities;
                    (B) access to and from the property;
                    (C) the use of the boat launching ramp on 
                the property; and
                    (D) the use of pier space on the property 
                by search and rescue assets.
            (2) That the State maintain the property in a 
        manner so as to preserve the usefulness of the 
        easements or rights of way referred to in paragraph 
        (1).
            (3) That the State utilize the property for 
        transportation, education, environmental, or other 
        public purposes.
    (c) Reversion.--(1) If the Secretary determines at any time 
that the property conveyed under subsection (a) is not to be 
used in accordance with subsection (b), all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry thereon.
    (2) Upon reversion under paragraph (1), the property shall 
be under the administrative jurisdiction of the Administrator 
of General Services.
    (d) Description of Property.--The exact acreage and legal 
description of the property conveyed under subsection (a), and 
any easements or rights of way granted under subsection (b)(1), 
shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the State.
    (e) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions with respect to 
the conveyance under subsection (a), and any easements or 
rights of way granted under subsection (b)(1), as the Secretary 
considers appropriate to protect the interests of the United 
States.
    Sec. 342. Notwithstanding any other provision of law, funds 
appropriated in this or any other Act intended for highway 
demonstration projects, railroad-highway crossings 
demonstration projects or railroad relocation projects in 
Augusta, Georgia are available for implementation of a project 
consisting of modifications and additions to streets, 
railroads, and related improvements in the vicinity of the 
grade crossing of the CSX railroad and 15th Street in Augusta, 
Georgia.
    Sec. 343. (a) None of the funds made available by this Act 
or subsequent Acts may be used by the Coast Guard to issue, 
implement, or enforce a regulation or to establish an 
interpretation or guideline under the Edible Oil Regulatory 
Reform Act (Public Law 104-55), or the amendments made by that 
Act, that does not recognize and provide for, with respect to 
fats, oils, and greases (as described in that Act, or the 
amendments made by that Act) differences in--
            (1) physical, chemical, biological and other 
        relevant properties; and
            (2) environmental effects.
    (b) Not later than March 31, 1999, the Secretary of 
Transportation shall issue regulations amending 33 CFR 154 to 
comply with the requirements of Public Law 104-55.
    Sec. 344. Funding made available in Public Law 105-174 for 
emergency railroad rehabilitation and repair shall be available 
for repairs resulting from natural disasters occurring from 
September 1996 through July 10, 1998.
    Sec. 345. For purposes of evaluating environmental impacts 
of the toll road in Orange and San Diego counties, California, 
the Administrator of the Federal Highway Administration and 
other participating Federal agencies shall consider only those 
transportation alternatives previously identified by regional 
planning processes and shall restrict agency comments to those 
matters over which the agency has direct jurisdiction: 
Provided, That notwithstanding any inter-agency memoranda of 
understanding, the Administrator of the Federal Highway 
Administration shall retain and exercise all authority 
regarding the form, content and timing of any environmental 
impact statement and record of decision regarding the toll 
road, including the evaluation and selection of alternatives 
and distribution of draft and final environmental impact 
statements.
    Sec. 346. (a) Notwithstanding any other law, the 
Commandant, United States Coast Guard, shall convey to the 
University of South Alabama (in this section referred to as 
``the recipient''), the right, title, and interest of the 
United States Government in and to a decommissioned vessel of 
the Coast Guard, as determined appropriate by the Commandant 
and the recipient, if--
            (1) the recipient agrees to use the vessel for the 
        purposes of supporting archaeological and historical 
        research in the Mobile Bay Delta;
            (2) the recipient agrees not to use the vessel for 
        commercial transportation purposes, except as incident 
        to the provision of logistics services in connection 
        with the Old Mobile Archaeological Project;
            (3) The recipient agrees to make the vessel 
        available to the Government if the Commandant requires 
        use of the vessel by the Government in times of war or 
        national emergency;
            (4) the recipient agrees to hold the Government 
        harmless for any claims arising from exposure to 
        hazardous materials including, but not limited to, 
        asbestos and polychlorinated biphenyls (PCBs), after 
        conveyance of the vessel, except for claims arising 
        from use by the Government under paragraph (3);
            (5) the recipient has funds available to be 
        committed for use to restore the vessel to operation 
        and thereafter maintain it in good working condition, 
        in the amount of at least $400,000; and
            (6) the recipient agrees to any other conditions 
        that the Secretary considers appropriate.
    (b) Delivery of Vessel.--If a conveyance is made under this 
section, the Commandant shall deliver the vessel at the place 
where the vessel is located, in its present condition, without 
cost to the Government. The conveyance of this vessel shall not 
be considered a distribution in commerce for purposes of 
section 2605(e) of title 15, United States Code.
    (c) Other Unneeded Equipment.--The Commandant may convey to 
the recipient any unneeded equipment or parts from other 
decommissioned vessels pending disposition for use to restore 
the vessel to operability. The Commandant may require 
compensation from the recipient for such items.
    (d) Applicable Laws and Regulations.--The vessel shall at 
all times remain subject to applicable vessel safety laws and 
regulations.
    Sec. 347. Item 1132 in section 1602 of the Transportation 
Equity Act for the 21st Century (112 Stat. 298), relating to 
Mississippi, is amended by striking ``Pirate Cove'' and 
inserting ``Pirates' Cove and 4-lane connector to Mississippi 
Highway 468''.
    Sec. 348. (a) Authority To Convey Coast Guard Property to 
Jacksonville University in Jacksonville, Florida.--
            (1) In general.--The Secretary of Transportation 
        may convey to Jacksonville University, located in 
        Jacksonville, Florida, without consideration, all 
        right, title, and interest of the United States in and 
        to the property comprising the Long Branch Rear Range 
        Light, Jacksonville, Florida.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be 
        conveyed under this section.
    (b) Terms and Conditions.--Any conveyance of any property 
under this section shall be made--
            (1) subject to such terms and conditions as the 
        Commandant may consider appropriate; and
            (2) subject to the condition that all right, title, 
        and interest in and to the property conveyed shall 
        immediately revert to the United States if the 
        property, or any part thereof, ceases to be used by 
        Jacksonville University.
    Sec. 349. For necessary expenses of the Amtrak Reform 
Council authorized under section 203 of Public Law 105-134, 
$450,000, to remain available until September 30, 2000: 
Provided, That none of the funds provided under this heading 
shall be for payments to outside consultants: Provided further, 
That the duties of the Amtrak Reform Council described in 
section 203(g)(1) of Public Law 105-134 shall include the 
identification of Amtrak routes which are candidates for 
closure or realignment, based on performance rankings developed 
by Amtrak which incorporate information on each route's fully 
allocated costs and ridership on core intercity passenger 
service, and which assume, for purposes of closure or 
realignment candidate identification, that federal subsidies 
for Amtrak will decline over the 4-year period from fiscal year 
1999 to fiscal year 2002: Provided further, That these closure 
or realignment recommendations shall be included in the Amtrak 
Reform Council's annual report to the Congress required by 
section 203(h) of Public Law 105-134.
    Sec. 350. Notwithstanding any other provision of law, the 
Secretary shall approve and the State of New York is authorized 
to proceed with engineering, final design and construction of 
additional entrances and exits between exits 57 and 58 on 
Interstate 495 in Suffolk County, New York. The Secretary may 
review final design of such project.
    Sec. 351. (a) Section 30113 of title 49, United States 
Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``or 
                passenger motor vehicles from a bumper standard 
                prescribed under chapter 325 of this title,'' 
                after ``a motor vehicle safety standard 
                prescribed under this chapter''; and
                    (B) in paragraph (3)(A), by inserting ``or 
                chapter 325 of this title (as applicable)'' 
                after ``this chapter'';
            (2) in subsection (c)(1), by inserting ``, or a 
        bumper standard prescribed under chapter 325 of this 
        title,'' after ``motor vehicle safety standard 
        prescribed under this chapter'';
            (3) in subsection (d), by inserting ``(including an 
        exemption under subsection (b)(3)(B)(i) relating to a 
        bumper standard referred to in subsection (b)(1))'' 
        after ``subsection (b)(3)(B)(i) of this section''; and
            (4) in subsection (h), by inserting ``or bumper 
        standard prescribed under chapter 325 of this title'' 
        after ``each motor vehicle safety standard prescribed 
        under this chapter''.
    (b) Conforming Amendments.--
            (1) Section 32502(c) of title 49, United States 
        Code, is amended--
                    (A) in the matter preceding paragraph (1), 
                by striking ``any part of a standard'' and 
                inserting ``all or any part of a standard'';
                    (B) in paragraph (1), by striking ``or'' at 
                the end;
                    (C) in paragraph (2), by striking the 
                period and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(3) a passenger motor vehicle for which an 
        application for an exemption under section 30013(b) of 
        this title has been filed in accordance with the 
        requirements of that section.''.
            (2) Section 32506(a) of title 49, United States 
        Code, is amended by inserting ``and section 32502 of 
        this title'' after ``Except as provided in this 
        section''.
    Sec. 352. Notwithstanding any other provision of law, 
$10,000,000 of funds available under section 104(a) of title 23 
U.S.C., shall be made available to the University of Alabama in 
Tuscaloosa, Alabama, for research activities at the 
Transportation Research Institute and to construct a building 
to house the Institute, and shall remain available until 
expended.
    Sec. 353. Discretionary grants funds for bus and bus-
related facilities made available in this Act and in Public Law 
105-66 and its accompanying conference report for the Virtual 
Transit Enterprise project shall be used to fund any aspect of 
the Virtual Transit Enterprise integration of information 
project in South Carolina.
    Sec. 354. Section 3021 of the Transportation Equity Act for 
the 21st Century (Public Law 105-178) is amended--
            (1) in subsection (a), by inserting ``or the State 
        of Vermont'' after ``the State of Oklahoma''; and
            (2) in subsection (b)(2)(A), by inserting ``and the 
        State of Vermont'' after ``within the State of 
        Oklahoma''.
    Sec. 355. Section 3 of the Act of July 17, 1952 (66 Stat. 
746, chapter 921), and section 3 of the Act of July 17, 1952 
(66 Stat. 571, chapter 922), are each amended in the proviso--
            (1) by striking ``That'' and all that follows 
        through ``the collection of'' and inserting ``That the 
        commission may collect''; and
            (2) by striking ``, shall cease'' and all that 
        follows through the period at the end and inserting a 
        period.
    Sec. 356. Section 1212(m) of Public Law 105-178 is 
amended--(1) in the subsection heading, by inserting ``, Idaho, 
Alaska and West Virginia'' after ``Minnesota''; and (2) by 
inserting ``or the States of Idaho, Alaska or West Virginia'' 
after ``Minnesota''.
    Sec. 357. Notwithstanding any other provision of law, funds 
obligated and awarded in fiscal year 1994 by the Economic 
Development Administration in the amount of $912,000 to the 
City of Pittsburg, Kansas, as Project Number 05-19-61200 for 
water, sewer and street improvements shall be disbursed to the 
City upon determination by the EDA that the improvements have 
been completed in accordance with the project description in 
the award documents.
    Sec. 358. Section 3030(d)(3) of the Transportation Equity 
Act for the 21st Century (Public Law 105-178) is amended by 
adding at the end the following:
                    ``(C) Saint Barnard Parish, Louisiana 
                intermodal facility.''.
    Sec. 359. The Secretary of Transportation is authorized to 
transfer funds appropriated for any office of the Office of the 
Secretary to any other office of the Office of the Secretary: 
Provided, That no appropriation shall be increased or decreased 
by more than 12 per centum by all such transfers: Provided 
further, That any such transfer shall be submitted for approval 
to the House and Senate Committees on Appropriations.
    Sec. 360. Section 3027 of the Transportation Equity Act for 
the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366) is 
amended by adding at the end the following:
    ``(3) Services for elderly and persons with disabilities.--
In addition to assistance made available under paragraph (1), 
the Secretary may provide assistance under section 5307 of 
title 49, United States Code, to a transit provider that 
operates 20 or fewer vehicles in an urbanized area with a 
population of at least 200,000 to finance the operating costs 
of equipment and facilities used by the transit provider in 
providing mass transportation services to elderly and persons 
with disabilities, provided that such assistance to all 
entities shall not exceed $1,000,000 annually.''.
    Sec. 361. Hereafter, the Commonwealth of Virginia shall 
have the exclusive authority to determine the high-occupancy 
vehicle restrictions applicable to Interstate Highway 66 in 
Virginia.
    Sec. 362. None of the funds appropriated by this Act may be 
used to issue a final standard under docket number NHTSA 98-
3945 (relating to section 656(b) of the Illegal Immigration 
Reform and Responsibility Act of 1996).
    Sec. 363. Items 178 and 1547 in section 1602 of the 
Transportation Equity Act for the 21st Century (Public Law 105-
178), relating to Georgia, are amended by adding at the end the 
following: ``and construct improvements to said corridor''.
    Sec. 364. Notwithstanding any other provision of law, the 
Secretary shall approve the construction of Type II noise 
barriers from funds apportioned under sections 104(b)(1) and 
104(b)(3) of title 23, United States Code, at the following 
locations:
            (a) beginning on the north and south sides of 
        Interstate Route 20 extending from H.E. Holmes Road to 
        Fulton Industrial Boulevard in Fulton County, Georgia;
            (b) beginning on the north and south sides of 
        Interstate Route 20 extending from Flat Shoals Road to 
        Columbia Drive in DeKalb County, Georgia; and
            (c) beginning on the west side of Interstate Route 
        75 extending from Howell Mill Road to West Paces Ferry 
        Road in Fulton County, Georgia.
    Sec. 365. Notwithstanding any other provision of law, 
except as otherwise provided in this section, the Secretary 
shall approve and the State of Alabama is authorized to proceed 
with construction of the East Foley corridor project from 
Baldwin County Highway 20 to State Highway 59, identified in 
items 857 and 1501 in the table contained in Section 1602 of 
the Transportation Equity Act for the 21st Century (Public Law 
105-178). Environmental reviews performed by the Alabama 
Department of Environmental Management and the Mobile District 
of the U.S. Army Corps of Engineers and all other non-
environmental federal laws shall remain in effect.
    Sec. 366. Item 1083 contained in section 1602 of the 
Transportation Equity Act for the 21st Century (112 Stat. 297) 
is amended by striking ``between Southwest Drive and U.S. 
277''.
    Sec. 367. Notwithstanding any other provision of Federal 
law, the State of Minnesota may obligate funds apportioned in 
fiscal years 1998 through 2003 pursuant to section 117 of title 
23, United States Code, for high priority project numbers 1628 
and 1195 authorized in section 1602 of the Transportation 
Equity Act for the 21st Century (Public Law 105-178): Provided, 
That such obligation shall be subject to the allocation 
percentages of section 1602(b) as modified by section 1212(m) 
of the Transportation Equity Act for the 21st Century (Public 
Law 105-178).
    Sec. 368. Item number 577 in the table contained in Section 
1602 of the Transportation Equity Act for the 21st Century 
(Public Law 105-178) is amended by striking ``Construct'' and 
all that follows through ``Ketchikan'' and insert ``For the 
purposes set forth in item number 1496''.
    Sec. 369. Section 5117(b)(6) of the Transportation Equity 
Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 450) is 
amended by striking ``Pennsylvania Transportation Institute'' 
and inserting ``Commonwealth of Pennsylvania''.
    Sec. 370. Section 5204 of the Transportation Equity Act for 
the 21st Century (23 U.S.C. 502 note; 112 Stat. 453-455) is 
amended by adding at the end the following:
    ``(k) Use of Rights-of-Way.--Intelligent transportation 
system projects specified in section 5117(b)(3) and 5117(b)(6) 
and involving privately owned intelligent transportation system 
components that is carried out using funds made available from 
the Highway Trust Fund shall not be subject to any law or 
regulation of a State or political subdivision of a State 
prohibiting or regulating commercial activities in the rights-
of-way of a highway for which Federal-aid highway funds have 
been utilized for planning, design, construction, or 
maintenance, if the Secretary of Transportation determines that 
such use is in the public interest. Nothing in this subsection 
shall affect the authority of a State or political subdivision 
of a State to regulate highway safety.''.
    Sec. 371. (a) The Commandant of the Coast Guard shall 
convey, without consideration, to the Town of New Castle, New 
Hampshire (in this section referred to as the ``Town''), all 
right, title, and interest of the United States in and to a 
parcel of real property comprising approximately 2 acres and 
having approximately 100 feet of ocean front that is located in 
New Castle, New Hampshire. The property is bordered to the west 
by property owned by the Town and to the east by Coast Guard 
Station Portsmouth Harbor, New Hampshire.
    (b)(1) The Commandant shall, in connection with the 
conveyance required by subsection (a), grant to the Town such 
easements and rights-of-way as the Commandant considers 
necessary to permit access to the property conveyed under that 
subsection.
    (2) The Commandant may, in connection with the conveyance 
required by subsection (a), reserve in favor of the United 
States such easements and rights-of-way as the Commandant 
considers necessary to protect the interests of the United 
States.
    (c)(1) The conveyance of property under subsection (a) 
shall be subject to the following conditions:
            (A) That the property, or any portion thereof, 
        shall revert to the United States if the Commandant 
        determines that such property is required by the United 
        States for purposes of the national security of the 
        United States.
            (B) That the property, or any portion thereof, 
        shall revert to the United States if the Commandant 
        determines that such property is required by the United 
        States for purposes of a site for an aid to navigation.
    (2)(A) At least 30 days before the date of the reversion of 
property under paragraph (1)(A), the Commandant shall provide 
the Town written notice that the property is required for 
purposes of the national security of the United States.
    (B) At least 30 days before the date of the reversion of 
property under paragraph (1)(B), the Commandant shall provide 
the Town written notice that the property is required for 
purposes of a site for an aid to navigation.
    (d)(1) Notwithstanding any other provision of the Land and 
Water Conservation Fund Act of 1965, Public Law 88-578, as 
amended, or other law, the Coast Guard property conveyed to New 
Castle, New Hampshire pursuant to subsection (a) may be used to 
replace a portion of Land and Water Conservation Fund-assisted 
land in New Castle, New Hampshire under project number 33-
00077: Provided, That the replacement property satisfactorily 
meets the conversion criteria regarding reasonably equivalent 
recreation usefulness and location.
    (2) The Town may not use the property referred to in 
paragraph (1) for the purpose specified in that paragraph 
unless the property conveyed under subsection (a) provides 
opportunities for recreational activities that are reasonably 
similar to the opportunities for recreational activities 
provided by the property referred to in paragraph (1).
    (e) The Commandant may require such additional terms and 
conditions in connection with the conveyance under subsection 
(a), and the grants of any easements or rights-of-way under 
subsection (b), as the Commandant considers appropriate to 
protect the interests of the United States.
      Sec. 372. None of the Funds made available under this Act 
or any other Act, may be used to implement, carry out, or 
enforce any regulation issued under section 41705 of title 49, 
United States Code, including any regulation contained in part 
382 of title 14, Code of Federal Regulations, or any other 
provision of law (including any Act of Congress, regulation, or 
Executive order or any official guidance or correspondence 
thereto), that requires or encourages an air carrier (as that 
term is defined in section 40102 of title 49, United States 
Code) to, on intrastate or interstate air transportation (as 
those terms are defined in section 40102 of title 49, United 
States Code)--
            (1) provide a peanut-free buffer zone or any other 
        related peanut-restricted area; or
            (2) restrict the distribution of peanuts,
until 90 days after submission to the Congress and the 
Secretary of a peer-reviewed scientific study that determines 
that there are severe reactions by passengers to peanuts as a 
result of contact with very small airborne peanut particles of 
the kind that passengers might encounter in an aircraft.

SEC. 373. MODIFICATION OF SUBSTITUTE PROJECT IN WISCONSIN.

      Section 1045 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 1994) is amended in 
subsection (a) by striking paragraph (a)(2) and inserting the 
following:
            ``(2)(A) For six months after the date of enactment 
        of this paragraph, the provisions set forth in 
        paragraph (2)(B) shall apply to all of the funds 
        identified in this section after such time, the 
        provisions set forth in paragraph (2)(B) to fifty 
        percent of the funds identified in this section, and 
        the provisions of paragraph (2)(C) shall apply to fifty 
        percent of the funds identified in this section.
            ``(B) Notwithstanding paragraph (1) and subsection 
        (c) of this section, upon the request of the Governor 
        of the State of Wisconsin, after consultation with 
        appropriate local government officials, submitted by 
        October 1, 2000, the Secretary may approve one or more 
        substitute projects in lieu of the substitute project 
        approved by the Secretary under paragraph (1) and 
        subsection (c) of this section.
            ``(C) Notwithstanding paragraph (1) and subsection 
        (c) of this section, upon the request of the Governor 
        of the State of Wisconsin, submitted by October 1, 
        2000, the Secretary shall approve one or more 
        substitute projects in lieu of the substitute project 
        approved by the Secretary under paragraph (1) and 
        subsection (c) of this section.''.
    This Act may be cited as the ``Department of Transportation 
and Related Agencies Appropriations Act, 1999''.
      (h) For programs, projects or activities in the Treasury 
and General Government Appropriations Act, 1999, provided as 
follows, to be effective as if it had been enacted into law as 
the regular appropriations Act:

 AN ACT Making appropriations for the Treasury Department, the United 
   States Postal Service, the Executive Office of the President, and 
certain Independent Agencies, for the fiscal year ending September 30, 
                      1999, and for other purposes

                  TITLE I--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses


    For necessary expenses of the Departmental Offices 
including operation and maintenance of the Treasury Building 
and Annex; hire of passenger motor vehicles; maintenance, 
repairs, and improvements of, and purchase of commercial 
insurance policies for, real properties leased or owned 
overseas, when necessary for the performance of official 
business; not to exceed $2,900,000 for official travel 
expenses; not to exceed $150,000 for official reception and 
representation expenses; not to exceed $258,000 for unforeseen 
emergencies of a confidential nature, to be allocated and 
expended under the direction of the Secretary of the Treasury 
and to be accounted for solely on his certificate, 
$123,151,000: Provided, That the Office of Foreign Assets 
Control shall be funded at no less than $6,560,800: Provided 
further, That the Department is authorized to charge both 
direct and indirect costs to the Office of Foreign Assets 
Control in the implementation of this floor: Provided further, 
That the methodology for applying such charges will be the same 
method used in developing the Departmental Offices Fiscal Year 
1999 President's Budget Justification to the Congress.

                         Automation Enhancement


                     (including transfer of funds)


    For development and acquisition of automatic data 
processing equipment, software, and services for the Department 
of the Treasury, $28,690,000: Provided, That these funds shall 
remain available until September 30, 2000: Provided further, 
That these funds shall be transferred to accounts and in 
amounts as necessary to satisfy the requirements of the 
Department's offices, bureaus, and other organizations: 
Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act: 
Provided further, That none of the funds appropriated shall be 
used to support or supplement the Internal Revenue Service 
appropriations for Information Systems: Provided further, That 
$6,000,000 of the funds appropriated for the Customs 
Modernization project may not be transferred to the United 
States Customs Service or obligated until the Treasury's Chief 
Information Officer, through the Treasury Investment Review 
Board, concurs on the plan and milestone schedule for the 
deployment of the system: Provided further, That $6,000,000 of 
the funds made available for the Customs Modernization project 
may not be obligated for any major system investments prior to 
the development of an architecture which is compliant with the 
Treasury Information Systems Architecture Framework (TISAF) and 
the establishment of measures to enforce compliance with the 
architecture.

                      Office of Inspector General


                         salaries and expenses


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

           Treasury Building and Annex Repair and Restoration

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

                  Financial Crimes Enforcement Network


                         salaries and expenses


    For necessary expenses of the Financial Crimes Enforcement 
Network, including hire of passenger motor vehicles; travel 
expenses of non-Federal law enforcementpersonnel to attend 
meetings concerned with financial intelligence activities, law 
enforcement, and financial regulation; not to exceed $14,000 for 
official reception and representation expenses; and for assistance to 
Federal law enforcement agencies, with or without reimbursement, 
$24,000,000: Provided, That funds appropriated in this account may be 
used to procure personal services contracts.

                    Violent Crime Reduction Programs


                     (including transfer of funds)


    For activities authorized by Public Law 103-322, to remain 
available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund, as follows:
            (1) As authorized by section 190001(e), 
        $119,000,000; of which $3,000,000 shall be available to 
        the Bureau of Alcohol, Tobacco and Firearms for 
        administering the Gang Resistance Education and 
        Training program; of which $1,400,000 shall be 
        available to the Financial Crimes Enforcement Network; 
        of which $22,628,000 shall be available to the United 
        States Secret Service, including $6,700,000 for vehicle 
        replacement, $5,000,000 for investigations of 
        counterfeiting, $7,732,000 for the 2000 candidate/
        nominee protection program, and $3,196,000 for forensic 
        and related support of investigations of missing and 
        exploited children, of which $1,196,000 shall be 
        available as a grant for activities related to the 
        investigations of exploited children and shall remain 
        available until expended; of which $65,472,000 shall be 
        available for the United States Customs Service, 
        including $54,000,000 for narcotics detection 
        technology, $9,500,000 for the passenger processing 
        initiative, $972,000 for construction of canopies for 
        inspection of outbound vehicles along the Southwest 
        border, and $1,000,000 for technology investments 
        related to the Cyber-Smuggling Center; of which 
        $2,500,000 shall be available to the Office of National 
        Drug Control Policy, including $1,000,000 for Model 
        State Drug Law Conferences, and $1,500,000 to expand 
        the Milwaukee, Wisconsin High Intensity Drug 
        Trafficking Area; and of which $24,000,000 shall be 
        available for Interagency Crime and Drug Enforcement;
            (2) As authorized by section 32401, $13,000,000 to 
        the Bureau of Alcohol, Tobacco and Firearms for 
        disbursement through grants, cooperative agreements, or 
        contracts to local governments for Gang Resistance 
        Education and Training: Provided, That notwithstanding 
        sections 32401 and 310001, such funds shall be 
        allocated to State and local law enforcement and 
        prevention organizations.

                Federal Law Enforcement Training Center


                         salaries and expenses


    For necessary expenses of the Federal Law Enforcement 
Training Center, as a bureau of the Department of the Treasury, 
including materials and support costs of Federal law 
enforcement basic training; purchase (not to exceed 52 for 
police-type use, without regard to the general purchase price 
limitation) and hire of passenger motor vehicles; for expenses 
for student athletic and related activities; uniforms without 
regard to the general purchase price limitation for the current 
fiscal year; the conducting of and participating in firearms 
matches and presentation of awards; for public awareness and 
enhancing community support of law enforcement training; not to 
exceed $9,500 for official reception and representation 
expenses; room and board for student interns; and services as 
authorized by 5 U.S.C. 3109; $71,923,000, of which up to 
$13,843,000 for materials and support costs of Federal law 
enforcement basic training shall remain available until 
September 30, 2001: Provided, That the Center is authorized to 
accept and use gifts of property, both real and personal, and 
to accept services, for authorized purposes, including funding 
of a gift of intrinsic value which shall be awarded annually by 
the Director of the Center to the outstanding student who 
graduated from a basic training program at the Center during 
the previous fiscal year, which shall be funded only by gifts 
received through the Center's gift authority: Provided further, 
That notwithstanding any other provision of law, students 
attending training at any Federal Law Enforcement Training 
Center site shall reside in on-Center or Center-provided 
housing, insofar as available and in accordance with Center 
policy: Provided further, That funds appropriated in this 
account shall be available, at the discretion of the Director, 
for the following: training United States Postal Service law 
enforcement personnel and Postal police officers; State and 
local government law enforcement training on a space-available 
basis; training of foreign law enforcement officials on a 
space-available basis with reimbursement of actual costs to 
this appropriation, except that reimbursement may be waived by 
the Secretary for law enforcement training activities in 
foreign countries undertaken pursuant to section 801 of the 
Antiterrorism and Effective Death Penalty Act of 1996, Public 
Law 104-32; training of private sector security officials on a 
space-available basis with reimbursement of actual costs to 
this appropriation; and travel expenses of non-Federal 
personnel to attend course development meetings and training 
sponsored by the Center: Provided further, That the Center is 
authorized to obligate funds in anticipation of reimbursements 
from agencies receiving training sponsored by the Federal Law 
Enforcement Training Center, except that total obligations at 
the end of the fiscal year shall not exceed total budgetary 
resources available at the end of the fiscal year: Provided 
further, That the Federal Law Enforcement Training Center is 
authorized to provide training for the Gang Resistance 
Education and Training program to Federal and non-Federal 
personnel at any facility in partnership with the Bureau of 
Alcohol, Tobacco and Firearms: Provided further, That the 
Federal Law Enforcement Training Center is authorized to 
provide short-term medical services for students undergoing 
training at the Center.


     acquisition, construction, improvements, and related expenses


    For expansion of the Federal Law Enforcement Training 
Center, for acquisition of necessary additional real property 
and facilities, and for ongoing maintenance, facility 
improvements, and related expenses, $34,760,000, to remain 
available until expended.

                      Interagency Law Enforcement


                 interagency crime and drug enforcement


    For expenses necessary for the detection and investigation 
of individuals involved in organized crime drug trafficking, 
including cooperative efforts with State andlocal law 
enforcement, $51,900,000, of which $7,827,000 shall remain available 
until expended.

                      Financial Management Service


                         salaries and expenses


    For necessary expenses of the Financial Management Service, 
$196,490,000, of which not to exceed $13,235,000 shall remain 
available until September 30, 2001, for information systems 
modernization initiatives.


                         federal financing bank


    For liquidation of certain debts to the United States 
Treasury incurred by the Federal Financing Bank pursuant to 
section 9(b) of the Federal Financing Bank Act of 1973, 
$3,317,960,000.

                Bureau of Alcohol, Tobacco and Firearms


                         salaries and expenses


    For necessary expenses of the Bureau of Alcohol, Tobacco 
and Firearms, including purchase of not to exceed 812 vehicles 
for police-type use, of which 650 shall be for replacement 
only, and hire of passenger motor vehicles; hire of aircraft; 
services of expert witnesses at such rates as may be determined 
by the Director; for payment of per diem and/or subsistence 
allowances to employees where an assignment to the National 
Response Team during the investigation of a bombing or arson 
incident requires an employee to work 16 hours or more per day 
or to remain overnight at his or her post of duty; not to 
exceed $15,000 for official reception and representation 
expenses; for training of State and local law enforcement 
agencies with or without reimbursement, including training in 
connection with the training and acquisition of canines for 
explosives and fire accelerants detection; and provision of 
laboratory assistance to State and local agencies, with or 
without reimbursement; $541,574,000, of which $2,206,000 shall 
not be available for obligation until September 30, 1999; of 
which $27,000,000 may be used for the Youth Crime Gun 
Interdiction Initiative; of which not to exceed $1,000,000 
shall be available for the payment of attorneys' fees as 
provided by 18 U.S.C. 924(d)(2); and of which $1,000,000 shall 
be available for the equipping of any vessel, vehicle, 
equipment, or aircraft available for official use by a State or 
local law enforcement agency if the conveyance will be used in 
joint law enforcement operations with the Bureau of Alcohol, 
Tobacco and Firearms and for the payment of overtime salaries, 
travel, fuel, training, equipment, and other similar costs of 
State and local law enforcement personnel, including sworn 
officers and support personnel, that are incurred in joint 
operations with the Bureau of Alcohol, Tobacco and Firearms: 
Provided, That no funds made available by this or any other Act 
may be used to transfer the functions, missions, or activities 
of the Bureau of Alcohol, Tobacco and Firearms to other 
agencies or Departments in fiscal year 1999: Provided further, 
That of the funds made available, $4,500,000 shall be made 
available for the expansion of the National Tracing Center: 
Provided further, That no funds appropriated herein shall be 
available for salaries or administrative expenses in connection 
with consolidating or centralizing, within the Department of 
the Treasury, the records, or any portion thereof, of 
acquisition and disposition of firearms maintained by Federal 
firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative 
expenses or the compensation of any officer or employee of the 
United States to implement an amendment or amendments to 27 CFR 
178.118 or to change the definition of ``Curios or relics'' in 
27 CFR 178.11 or remove any item from ATF Publication 5300.11 
as it existed on January 1, 1994: Provided further, That none 
of the funds appropriated herein shall be available to 
investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c): Provided further, 
That such funds shall be available to investigate and act upon 
applications filed by corporations for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c): Provided further, 
That no funds in this Act may be used to provide ballistics 
imaging equipment to any State or local authority who has 
obtained similar equipment through a Federal grant or subsidy 
unless the State or local authority agrees to return that 
equipment or to repay that grant or subsidy to the Federal 
Government: Provided further, That no funds under this Act may 
be used to electronically retrieve information gathered 
pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code.

                     United States Customs Service


                         salaries and expenses


    For necessary expenses of the United States Customs 
Service, including purchase and lease of up to 1,050 motor 
vehicles of which 550 are for replacement only and of which 
1,030 are for police-type use and commercial operations; hire 
of motor vehicles; contracting with individuals for personal 
services abroad; not to exceed $40,000 for official reception 
and representation expenses; and awards of compensation to 
informers, as authorized by any Act enforced by the United 
States Customs Service, $1,642,565,000, of which such sums as 
become available in the Customs User Fee Account, except sums 
subject to section 13031(f)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985, as amended (19 U.S.C. 
58c(f)(3)), shall be derived from that Account; of the total, 
not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations, not to 
exceed $4,000,000 shall be available until expended for 
research, not to exceed $5,000,000 shall be available until 
expended for conducting special operations pursuant to 19 
U.S.C. 2081, and up to $8,000,000 shall be available until 
expended for the procurement of automation infrastructure 
items, including hardware, software, and installation: 
Provided, That uniforms may be purchased without regard to the 
general purchase price limitation for the current fiscal year: 
Provided further, That of the amount provided, an additional 
$2,400,000 shall be made available for staffing and resources 
for the child pornography cyber-smuggling initiative: Provided 
further, That $500,000 shall be available to fund the expansion 
of services at the Vermont World Trade Office: Provided 
further, That not to exceed $2,500,000 shall be available until 
expended for relocation of the Customs Air Branch from Belle 
Chase to Hammond, Louisiana: Provided further, That 
notwithstanding any other provision of law, the fiscal year 
aggregate overtime limitation prescribed in subsection 5(c)(1) 
of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall 
be $30,000: Provided further, That of the amount provided, 
$9,500,000 shall not be available for obligation until 
September 30, 1999.


  operation, maintenance and procurement, air and marine interdiction 
                                programs


    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of marine vessels, aircraft, and 
other related equipment of the Air and Marine Programs, 
including operational training and mission-related travel, and 
rental payments for facilities occupied by the air or marine 
interdiction and demand reduction programs, the operations of 
which include the following: the interdiction of narcotics and 
other goods; the provision of support to Customs and other 
Federal, State, and local agencies in the enforcement or 
administration of laws enforced by the Customs Service; and, at 
the discretion of the Commissioner of Customs, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $113,688,000, 
which shall remain available until expended: Provided, That no 
aircraft or other related equipment, with the exception of 
aircraft which is one of a kind and has been identified as 
excess to Customs requirements and aircraft which has been 
damaged beyond repair, shall be transferred to any other 
Federal agency, department, or office outside of the Department 
of the Treasury, during fiscal year 1999 without the prior 
approval of the Committees on Appropriations.


                   harbor maintenance fee collection


                     (including transfer of funds)


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

                       Bureau of the Public Debt


                     administering the public debt


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

                        Internal Revenue Service


                 processing, assistance, and management


    For necessary expenses of the Internal Revenue Service for 
tax returns processing; revenue accounting; tax law and account 
assistance to taxpayers by telephone and correspondence; 
programs to match information returns and tax returns; 
management services; rent and utilities; and inspection; 
including purchase (not to exceed 150 for replacement only for 
police-type use) and hire of passenger motor vehicles (31 
U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, 
at such rates as may be determined by the Commissioner; 
$3,086,208,000, of which up to $3,700,000 shall be for the Tax 
Counseling for the Elderly Program, and of which not to exceed 
$25,000 shall be for official reception and representation 
expenses: Provided, That of the amount provided, $105,000,000 
shall remain available until expended for postage and shall not 
be obligated before September 30, 1999: Provided further, That, 
pursuant to 39 U.S.C. 3206(a), funds shall continue to be 
provided to the United States Postal Service for postage due: 
Provided further, That of the amount provided, $25,000,000 
shall not be available for obligation until September 30, 1999.


                          tax law enforcement


    For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; providing 
litigation support; issuing technical rulings; examining 
employee plans and exempt organizations; conducting criminal 
investigation and enforcement activities; securing unfiled tax 
returns; collecting unpaid accounts; compiling statistics of 
income and conducting compliance research; purchase (for 
police-type use, not to exceed 850) and hire of passenger motor 
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 
U.S.C. 3109, at such rates as may be determined by the 
Commissioner, $3,164,189,000.


             earned income tax credit compliance initiative


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


                          information systems


    For necessary expenses of the Internal Revenue Service for 
information systems and telecommunications support, including 
developmental information systems and operational information 
systems; the hire of passenger motor vehicles (31 U.S.C. 
1343(b)); and services as authorized by 5 U.S.C. 3109, at such 
rates as may be determined by the Commissioner, $1,265,456,000, 
which shall remain available until September 30, 2000, and of 
which $103,000,000 shall be available only for improvements to 
customer service.


                   information technology investments


    For necessary expenses of the Internal Revenue Service, 
$211,000,000, to remain available until September 30, 2002, for 
the capital asset acquisition of information technology 
systems, including management and related contractual costs of 
such acquisition, and including contractual costs associated 
with operations authorized by 5 U.S.C. 3109: Provided, That 
none of these funds is available for obligation until September 
30, 1999: Provided further, That none of these funds shall be 
obligated until the Internal Revenue Service and the Department 
of the Treasury submit to Congress for approval, a plan for 
expenditure that: (1) implements the Internal Revenue Service's 
Modernization Blueprint submitted to Congress on May 15, 1997; 
(2) meets the information systems investment guidelines 
established by the Office of Management and Budget and in the 
fiscal year 1998 budget; (3) is reviewed and approved by the 
Office of Management and Budget, the Department of the 
Treasury's IRS Management Board, and is reviewed by the General 
Accounting Office; (4) meets the requirements of the May 15, 
1997 Internal Revenue Service's Systems Life Cycle program; and 
(5) is in compliance with acquisition rules, requirements, 
guidelines, and systems acquisition management practices of the 
Federal Government.


          administrative provisions--internal revenue service


    Sec. 101. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to any other Internal Revenue Service appropriation 
upon the advance approval of the House and Senate Committees on 
Appropriations.
     Sec. 102. The Internal Revenue Service shall maintain a 
training program to ensure that Internal Revenue Service 
employees are trained in taxpayers' rights, in dealing 
courteously with the taxpayers, and in cross-cultural 
relations.
     Sec. 103. The funds provided in this Act for the Internal 
Revenue Service shall be used to provide, as a minimum, the 
fiscal year 1995 level of service, staffing, and funding for 
Taxpayer Services.
     Sec. 104. None of the funds appropriated by this title 
shall be used in connection with the collection of any 
underpayment of any tax imposed by the Internal Revenue Code of 
1986 unless the conduct of officers and employees of the 
Internal Revenue Service in connection with such collection, 
including any private sector employees under contract to the 
Internal Revenue Service, complies with subsection (a) of 
section 805 (relating to communications in connection with debt 
collection), and section 806 (relating to harassment or abuse), 
of the Fair Debt Collection Practices Act (15 U.S.C. 1692).
     Sec. 105. The Internal Revenue Service shall institute and 
enforce policies and procedures which will safeguard the 
confidentiality of taxpayer information.
     Sec. 106. Funds made available by this or any other Act to 
the Internal Revenue Service shall be available for improved 
facilities and increased manpower to provide sufficient and 
effective 1-800 help line for taxpayers. The Commissioner shall 
continue to make the improvement of the Internal Revenue 
Service 1-800 help line service a priority and allocate 
resources necessary to increase phone lines and staff to 
improve the Internal Revenue Service 1-800 help line service.
    Sec. 107. Notwithstanding any other provision of law, no 
reorganization of the field office structure of the Internal 
Revenue Service Criminal Investigation Division will result in 
a reduction of criminal investigators in Wisconsin and South 
Dakota from the 1996 level.

                      United States Secret Service


                         salaries and expenses


    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 739 vehicles for police-
type use, of which 675 shall be for replacement only, and hire 
of passenger motor vehicles; hire of aircraft; training and 
assistance requested by State and local governments, which may 
be provided without reimbursement; services of expert witnesses 
at such rates as may be determined by the Director; rental of 
buildings in the District of Columbia, and fencing, lighting, 
guard booths, and other facilities on private or other property 
not in Government ownership or control, as may be necessary to 
perform protective functions; for payment of per diem and/or 
subsistence allowances to employees where a protective 
assignment during the actual day or days of the visit of a 
protectee require an employee to work 16 hours per day or to 
remain overnight at his or her post of duty; the conducting of 
and participating in firearms matches; presentation of awards; 
for travel of Secret Service employees on protective missions 
without regard to the limitations on such expenditures in this 
or any other Act if approvalis obtained in advance from the 
Committees on Appropriations; for research and development; for making 
grants to conduct behavioral research in support of protective research 
and operations; not to exceed $20,000 for official reception and 
representation expenses; not to exceed $50,000 to provide technical 
assistance and equipment to foreign law enforcement organizations in 
counterfeit investigations; for payment in advance for commercial 
accommodations as may be necessary to perform protective functions; and 
for uniforms without regard to the general purchase price limitation 
for the current fiscal year, $600,302,000: Provided, That $18,000,000 
provided for protective travel shall remain available until September 
30, 2000; Provided further, That of the amount provided, $5,000,000 
shall not be available for obligation until September 30, 1999.


      acquisition, construction, improvement, and related expenses


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

             General Provisions--Department of the Treasury

    Sec. 110. Any obligation or expenditure by the Secretary of 
the Treasury in connection with law enforcement activities of a 
Federal agency or a Department of the Treasury law enforcement 
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from 
unobligated balances remaining in the Fund on September 30, 
1999, shall be made in compliance with reprogramming 
guidelines.
     Sec. 111. Appropriations to the Department of the Treasury 
in this Act shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901), including 
maintenance, repairs, and cleaning; purchase of insurance for 
official motor vehicles operated in foreign countries; purchase 
of motor vehicles without regard to the general purchase price 
limitations for vehicles purchased and used overseas for the 
current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical 
services to employees and their dependents serving in foreign 
countries; and services authorized by 5 U.S.C. 3109.
     Sec. 112. The funds provided to the Bureau of Alcohol, 
Tobacco and Firearms for fiscal year 1999 in this Act for the 
enforcement of the Federal Alcohol Administration Act shall be 
expended in a manner so as not to diminish enforcement efforts 
with respect to section 105 of the Federal Alcohol 
Administration Act.
     Sec. 113. Not to exceed 2 percent of any appropriations in 
this Act made available to the Federal Law Enforcement Training 
Center, Financial Crimes Enforcement Network, Bureau of 
Alcohol, Tobacco and Firearms, United States Customs Service, 
and United States Secret Service may be transferred between 
such appropriations upon the advance approval of the Committees 
on Appropriations. No transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 114. Not to exceed 2 percent of any appropriations in 
this Act made available to the Departmental Offices, Office of 
Inspector General, Financial Management Service, and Bureau of 
the Public Debt, may be transferred between such appropriations 
upon the advance approval of the Committees on Appropriations. 
No transfer may increase or decrease any such appropriation by 
more than 2 percent.
    Sec. 115. Section 921(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (5), by striking ``the explosive 
        in a fixed shotgun shell'' and inserting ``an 
        explosive'';
            (2) in paragraph (7), by striking ``the explosive 
        in a fixed metallic cartridge'' and inserting ``an 
        explosive''; and
            (3) by striking paragraph (16) and inserting the 
        following:
    ``(16) The term `antique firearm' means--
            ``(A) any firearm (including any firearm with a 
        matchlock, flintlock, percussion cap, or similar type 
        of ignition system) manufactured in or before 1898; or
            ``(B) any replica of any firearm described in 
        subparagraph (A) if such replica--
                    ``(i) is not designed or redesigned for 
                using rimfire or conventional centerfire fixed 
                ammunition, or
                    ``(ii) uses rimfire or conventional 
                centerfire fixed ammunition which is no longer 
                manufactured in the United States and which is 
                not readily available in the ordinary channels 
                of commercial trade; or
            ``(C) any muzzle loading rifle, muzzle loading 
        shotgun, or muzzle loading pistol, which is designed to 
        use black powder, or a black powder substitute, and 
        which cannot use fixed ammunition. For purposes of this 
        subparagraph, the term `antique firearm' shall not 
        include any weapon which incorporates a firearm frame 
        or receiver, any firearm which is converted into a 
        muzzle loading weapon, or any muzzle loading weapon 
        which can be readily converted to fire fixed ammunition 
        by replacing the barrel, bolt, breechblock, or any 
        combination thereof.''.
    Sec. 116. Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the 
Secretary of the Treasury certifies that the purchase by the 
respective Treasury bureau is consistent with the vehicle 
management principles: Provided, That the Secretary may 
delegate this authority to the Assistant Secretary for 
Management.


           exception to immunity from attachment or execution


    Sec. 117. (a) Section 1610 of title 28, United States Code, 
is amended by adding at the end the following new subsection:
    ``(f)(1)(A) Notwithstanding any other provision of law, 
including but not limited to section 208(f) of the Foreign 
Missions Act (22 U.S.C. 4308(f)), and except as provided in 
subparagraph (B), any property with respect to which financial 
transactions are prohibited or regulated pursuant to section 
5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), 
section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(a)), sections 202 and 203 of the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1702), or any other 
proclamation, order, regulation, or license issued pursuant 
thereto, shall be subject to execution or attachment in aid of 
execution of any judgment relating to a claim for which a 
foreign state (including any agency or instrumentality or such 
state) claiming such property is not immune under section 
1605(a)(7).
    ``(B) Subparagraph (A) shall not apply if, at the time the 
property is expropriated or seized by the foreign state, the 
property has been held in title by a natural person or, if held 
in trust, has been held for the benefit of a natural person or 
persons.
    ``(2)(A) At the request of any party in whose favor a 
judgment has been issued with respect to a claim for which the 
foreign state is not immune under section 1605(a)(7), the 
Secretary of the Treasury and the Secretary of State shall 
fully, promptly, and effectively assist any judgment creditor 
or any court that has issued any such judgment in identifying, 
locating, and executing against the property of that foreign 
state or any agency or instrumentality of such state.
    ``(B) In providing such assistance, the Secretaries--
            ``(i) may provide such information to the court 
        under seal; and
            ``(ii) shall provide the information in a manner 
        sufficient to allow the court to direct the United 
        States Marshall's office to promptly and effectively 
        execute against that property.''.
    (b) Conforming Amendment.--Section 1606 of title 28, United 
States Code, is amended by inserting after ``punitive damages'' 
the following: ``, except any action under section 1605(a)(7) 
or 1610(f)''.
    (c) Effective Date.--The amendments made by subsections (a) 
and (b) shall apply to any claim for which a foreign state is 
not immune under section 1605(a)(7) of title 28, United States 
Code, arising before, on, or after the date of enactment of 
this Act.
    (d) Waiver.--The President may waive the requirements of 
this section in the interest of national security.
    This title may be cited as the ``Treasury Department 
Appropriations Act, 1999''.

                        TITLE II--POSTAL SERVICE

                  Payments to the Postal Service Fund

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

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

        Compensation of the President and the White House Office


                     compensation of the president


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


                         salaries and expenses


    For necessary expenses for the White House as authorized by 
law, including not to exceed $3,850,000 for services as 
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
expenses as authorized by 3 U.S.C. 105, which shall be expended 
and accounted for as provided in that section; hire of 
passenger motor vehicles, newspapers, periodicals, teletype 
news service, and travel (not to exceed $100,000 to be expended 
and accounted for as provided by 3 U.S.C. 103); and not to 
exceed $19,000 for official entertainment expenses, to be 
available for allocation within the Executive Office of the 
President, $52,344,000: Provided, That $10,100,000 of the funds 
appropriated shall be available for reimbursements to the White 
House Communications Agency.

                 Executive Residence at the White House


                           operating expenses


    For the care, maintenance, repair and alteration, 
refurnishing, improvement, heating, and lighting, including 
electric power and fixtures, of the Executive Residence at the 
White House and official entertainment expenses of the 
President, $8,061,000, to be expended and accounted for as 
provided by 3 U.S.C. 105, 109, 110, and 112-114:Provided, That 
such amount shall not be available for expenses for domestic staff 
overtime.
    In addition, for necessary expenses for domestic staff 
overtime, $630,000: Provided, That such amount shall not become 
available for obligation until the Comptroller General of the 
United States notifies the Committees on Appropriations that 
(1) the Executive Office of the President has received, 
reviewed, and commented on the draft report of the General 
Accounting Office with respect to its audit of the Executive 
Residence at the White House; and (2) the General Accounting 
Office has received the comments of the Executive Office of the 
President.


                         reimbursable expenses


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

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


                         salaries and expenses


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


                           operating expenses


                     (including transfer of funds)


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

                      Council of Economic Advisers


                         salaries and expenses


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

                      Office of Policy Development

                         salaries and expenses

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

                       National Security Council


                         salaries and expenses


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

                        Office of Administration


                         salaries and expenses


    For necessary expenses of the Office of Administration, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 
107, and hire of passenger motor vehicles, $28,350,000.

                    Office of Management and Budget


                         salaries and expenses


    For necessary expenses of the Office of Management and 
Budget (OMB), including hire of passenger motor vehicles and 
services as authorized by 5 U.S.C. 3109, $60,617,000, of which 
not to exceed $5,000,000 shall be available to carry out the 
provisions of chapter 35 of title 44, United States Code: 
Provided, That, as provided in 31 U.S.C. 1301(a), 
appropriations shall be applied only to the objects for which 
appropriations were made except as otherwise provided by law: 
Provided further, That none of the funds appropriated in this 
Act for the Office of Management and Budget may be used for the 
purpose of reviewing any agricultural marketing orders or any 
activities or regulations under the provisions of the 
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.): Provided further, That none of the funds made available 
for the Office of Management and Budget by this Act may be 
expended for the altering of the transcript of actual testimony 
of witnesses, except for testimony of officials of the Office 
of Management and Budget, before the Committees on 
Appropriations or the Committees on Veterans' Affairs or their 
subcommittees: Provided further, That the preceding shall not 
apply to printed hearings released by the Committees on 
Appropriations or the Committees on Veterans' Affairs: Provided 
further, That the Director of OMB amends Section __.36 of OMB 
Circular A-110 to require Federal awarding agencies to ensure 
that all data produced under an award will be made available to 
the public through the procedures established under the Freedom 
of Information Act: Provided further, That if the agency 
obtaining the data does so solely at the request of a private 
party, the agency may authorize a reasonable user fee equaling 
the incremental cost of obtaining the data: Provided further, 
That OMB is directed to submit a report by March 31, 1999, to 
the Committees on Appropriations, the Senate Committee on 
Governmental Affairs, and the House Committee on Government 
Reform and Oversight that: (1) identifies specific paperwork 
reduction accomplishments expected, constituting annual five 
percent reductions in paperwork expected in fiscal year 1999 
and fiscal year 2000; and (2) issues guidance on the 
requirements of 5 U.S.C. Sec. 801(a)(1) and (3); sections 
804(3), and 808(2), including a standard new rule reporting 
form for use under section 801(a)(1)(A)-(B).

                 Office of National Drug Control Policy


                         salaries and expenses


                     (including transfer of funds)


    For necessary expenses of the Office of National Drug 
Control Policy; for research activities pursuant to title I of 
Public Law 100-690; not to exceed $8,000 for official reception 
and representation expenses; and for participation in joint 
projects or in the provision of services on matters of mutual 
interest with nonprofit, research, or public organizations or 
agencies, with or without reimbursement; $48,042,000, of which 
$30,100,000 shall remain available until expended, consisting 
of $1,100,000 for policy research and evaluation, and 
$16,000,000 for the Counterdrug Technology Assessment Center 
for counternarcotics research and development projects, and 
$13,000,000 for the continued operation of the technology 
transfer program: Provided, That the $16,000,000 for the 
Counterdrug Technology Assessment Center shall be available for 
transfer to other Federal departments or agencies: Provided 
further, That the Office is authorized to accept, hold, 
administer, and utilize gifts, both real and personal, public 
and private, without fiscal year limitation, for the purpose of 
aiding or facilitating the work of the Office.

                     Federal Drug Control Programs


             high intensity drug trafficking areas program


                     (including transfer of funds)


    For necessary expenses of the Office of National Drug 
Control Policy's High Intensity Drug Trafficking Areas Program, 
$182,477,000 for drug control activities consistent with the 
approved strategy for each of the designated High Intensity 
Drug Trafficking Areas, of which no less than 51 percent shall 
be transferred to State and local entities for drug control 
activities, which shall be obligated within 120 days of the 
date of enactment of this Act: Provided, That funding shall be 
provided for existing High Intensity Drug Trafficking Areas at 
no less than the total fiscal year 1998 level consisting of 
funding from this account as well as the Violent Crime 
Reduction Trust Fund.


                        special forfeiture fund


                     (including transfer of funds)


    For activities to support a national anti-drug campaign for 
youth, and other purposes, authorized by Public Law 100-690, as 
amended, $214,500,000, to remain available until expended: 
Provided, That such funds may be transferred to other Federal 
departments and agenciesto carry out such activities: Provided 
further, That of the funds provided, $185,000,000 shall be to support a 
national media campaign to reduce and prevent drug use among young 
Americans: Provided further, That none of the funds provided for the 
support of a national media campaign may be obligated for the following 
purposes: to supplant current anti-drug community based coalitions; to 
supplant current pro bono public service time donated by national and 
local broadcasting networks; for partisan political purposes; or to 
fund media campaigns that feature any elected officials, persons 
seeking elected office, cabinet-level officials, or other Federal 
officials employed pursuant to Schedule C of title 5, Code of Federal 
Regulations, section 213, absent advance notice to the Committees on 
Appropriations and the Senate Judiciary Committee: Provided further, 
That (1) ONDCP will require a pro bono match commitment up-front as 
part of its media buy from each and every seller of ad time and space, 
(2) ONDCP, or any agent acting on its behalf, may not obligate any 
funds for the creative development of advertisements from for-profit 
organizations, not including out-of-pocket production costs and talent 
re-use payments, unless (A) the advertisements are intended to reach a 
minority, ethnic or other special audience that cannot be obtained on a 
pro bono basis within the time frames required by ONDCP's advertising 
and buying agencies, and (B) ONDCP receives prior approval from the 
Committees on Appropriations, (3) ONDCP will submit within three months 
of enactment of this Act an implementation plan to the Committees on 
Appropriations to secure corporate sponsorship equaling 40 percent of 
the appropriated amount in fiscal year 1999, the definition of which is 
a contribution that is not received as a result of leveraging funds to 
receive said sponsorship, corporate sponsorship equaling 60 percent of 
the appropriated amount in fiscal year 2000, corporate sponsorship 
equaling 80 percent of the appropriated amount in fiscal year 2001, 
corporate sponsorship equaling 100 percent of the appropriated amount 
in fiscal year 2002, (4) the funds provided for the support of a 
national media campaign may be used to fund the purchase of media time 
and space, talent re-use payments, out-of-pocket advertising production 
costs, testing and evaluation of advertising, evaluation of the 
effectiveness of the media campaign, the negotiated fees for the 
winning bidder on the request for proposal recently issued by ONDCP, 
partnership with community, civic, and professional groups, and 
government organizations related to the media campaign, entertainment 
industry collaborations to fashion anti-drug messages in movies, 
television programming, and popular music, interactive (Internet and 
new) media projects/activities, public information (News Media 
Outreach), and corporate sponsorship/participation, (5) ONDCP shall not 
obligate funds provided for the national media campaign for fiscal year 
1999 until ONDCP has submitted the evaluation and results of Phase I of 
the campaign to the Committees on Appropriations, and may obligate not 
more than 75 percent of these funds until ONDCP has submitted the 
evaluation and results of Phase II of the campaign to the Committees on 
Appropriations, and (6) ONDCP is required to report to the Committees 
on Appropriations not only quarterly, but also to provide monthly 
itemized reports of all expenditures and obligations relating to the 
media campaign as well as the specific parameters of the national media 
campaign, and shall report to Congress within one year on the 
effectiveness of the national media campaign based upon the measurable 
outcomes provided to Congress previously: Provided further, That of the 
funds provided, $4,500,000 shall be available for transfer to the 
Agricultural Research Service for anti-drug research and related 
matters: Provided further, That of the funds provided, $20,000,000 
shall be to continue a program of matching grants to drug-free 
communities, as authorized in the Drug-Free Communities Act of 1997: 
Provided further, That of the funds provided, $5,000,000 shall be 
available for the chronic users study.

                          Unanticipated Needs

    For expenses necessary to enable the President to meet 
unanticipated needs, in furtherance of the national interest, 
security, or defense which may arise at home or abroad during 
the current fiscal year, $1,000,000.
    This title may be cited as the ``Executive Office 
Appropriations Act, 1999''.

                     TITLE IV--INDEPENDENT AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         salaries and expenses


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

                      Federal Election Commission


                         salaries and expenses


    For necessary expenses to carry out the provisions of the 
Federal Election Campaign Act of 1971, as amended, $36,500,000, 
of which no less than $4,402,500 shall be available for 
internal automated data processing systems, and of which not to 
exceed $5,000 shall be available for reception and 
representation expenses: Provided, That of the amounts 
appropriated for salaries and expenses, $1,120,000 may not be 
obligated until the Federal Election Commission submits a plan 
for approval to the House Committee on Appropriations for the 
expenditure of such funds.

                   Federal Labor Relations Authority


                         salaries and expenses


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

                    General Services Administration


                         federal buildings fund


                 limitations on availability of revenue


                     (including transfer of funds)


    For additional expenses necessary to carry out the purpose 
of the Fund established pursuant to section 210(f) of the 
Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 490(f)), $450,018,000 to be deposited into 
the Fund. The revenues and collections deposited into the Fund 
shall be available for necessary expenses of real property 
management and related activities not otherwise provided for, 
including operation, maintenance, and protection of federally 
owned and leased buildings; rental of buildings in the District 
of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual 
services incident to cleaning or servicing buildings, and 
moving; repair and alteration of federally owned buildings 
including grounds, approaches and appurtenances; care and 
safeguarding of sites; maintenance, preservation, demolition, 
and equipment; acquisition of buildings and sites by purchase, 
condemnation, or as otherwise authorized by law; acquisition of 
options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning 
and design of projects by contract or otherwise; construction 
of new buildings (including equipment for such buildings); and 
payment of principal, interest, and any other obligations for 
public buildings acquired by installment purchase and purchase 
contract; in the aggregate amount of $5,605,018,000, of which: 
(1) $492,190,000 shall remain available until expended for 
construction of additional projects at locations and at maximum 
construction improvement costs (including funds for sites and 
expenses and associated design and construction services) as 
follows:
            New construction:
                    Arkansas:
                            Little Rock, U.S. courthouse, 
                        $3,436,000
                    California:
                            San Diego, U.S. courthouse, 
                        $15,400,000
                            San Jose, U.S. courthouse, 
                        $10,800,000
                    Colorado:
                            Denver, U.S. courthouse, 
                        $83,959,000
                    District of Columbia:
                            Southeast Federal Center 
                        remediation, $10,000,000
                    Florida:
                            Jacksonville, U.S. courthouse, 
                        $86,010,000
                            Orlando, U.S. courthouse, 
                        $1,930,000
                    Massachusetts:
                            Springfield, U.S. courthouse, 
                        $5,563,000
                    Michigan:
                            Sault Sainte Marie, border station, 
                        $572,000
                    Mississippi:
                            Biloxi-Gulfport, U.S. courthouse, 
                        $7,543,000
                    Missouri:
                            Cape Girardeau, U.S. courthouse, 
                        $2,196,000
                    Montana:
                            Babb, Piegan border station, 
                        $6,165,000
                    New York:
                            Brooklyn, U.S. courthouse, 
                        $152,626,000
                            New York, U.S. Mission to the 
                        United Nations, $3,163,000
                    Oregon:
                            Eugene, U.S. courthouse, $7,190,000
                    Tennessee:
                            Greenville, U.S. courthouse, 
                        $28,229,000
                    Texas:
                            Laredo, U.S. courthouse, 
                        $28,105,000
                    West Virginia:
                            Wheeling, U.S. courthouse, 
                        $29,303,000
                    Nationwide:
                            Non-prospectus, $10,000,000:
Provided, That each of the immediately foregoing limits of 
costs on new construction projects may be exceeded to the 
extent that savings are effected in other such projects, but 
not to exceed 10 percent unless advance approval is obtained 
from the Committees on Appropriations of a greater amount: 
Provided further, That notwithstanding any other provision of 
law in order to rescind a General Services Administration 
property sale, the General Services Administration is 
authorized to re-acquire that parcel of land on Block 111, East 
Denver, Denver, Colorado, which was sold at public auction by 
the Federal government to its present owner pursuant to 
paragraphs (6) and (7) of section 12 of Public Law 94-204 (43 
U.S.C. 1611 note) at a price equivalent to the 1988 auction 
sale priceplus the amount of cumulative consumer price index, 
pursuant to the methodology as used in Public Law 104-42, Sec. 107(a), 
from the closing date of the sale until the date of re-acquisition by 
the Federal government, offset by any net income received from the 
property by the present owner since the 1988 sale: Provided further, 
That the funds provided in Public Law 102-393 for Hilo, Hawaii, shall 
be expended for the planning and design of the Mauna Kea Astronomy 
Educational Center, notwithstanding Public Law 103-123, and of the 
funds provided not more than $475,000 is to be disbursed in this fiscal 
year: Provided further, That all funds for direct construction projects 
shall expire on September 30, 2000, and remain in the Federal Buildings 
Fund except for funds for projects as to which funds for design or 
other funds have been obligated in whole or in part prior to such date: 
Provided further, That of the funds provided for non-prospectus 
construction projects, $2,100,000 shall be available until expended for 
acquisition, lease, construction, and equipping of flexiplace 
telecommuting centers: Provided further, That from the funds made 
available under this heading in this or prior Acts of Congress, the 
Administrator of General Services may purchase at a price he determines 
appropriate, notwithstanding any other provision of law, property 
adjacent to the new courthouse currently under construction in 
Scranton, Pennsylvania; (2) $668,031,000 shall remain available until 
expended, for repairs and alterations which includes associated design 
and construction services: Provided further, That of the amount 
provided, $161,500,000 shall not be available for obligation until 
September 30, 1999: Provided further, That funds in the Federal 
Buildings Fund for Repairs and Alterations shall, for prospectus 
projects, be limited to the amount by project as follows, except each 
project may be increased by an amount not to exceed 10 percent unless 
advance approval is obtained from the Committees on Appropriations of a 
greater amount:
    Repairs and alterations:
            California:
                    San Francisco, Appraisers Building, 
                $29,778,000
            Colorado:
                    Lakewood, Denver Federal Center, Building 
                25, $29,351,000
            District of Columbia:
                    Federal Office Building, 10B, $13,844,000
                    Interstate Commerce Commission, Connecting 
                Wing Complex, Customs Building, Phase 3/3, 
                $83,959,000
                    Old Executive Office Building, $25,210,000
                    Department of State, Phase 1, $29,779,000
            New York:
                    Brookhaven, Internal Revenue Service, 
                Service Center, $20,019,000
                    New York, U.S. Courthouse, 40 Foley Square, 
                $4,782,000
            Pennsylvania:
                    Philadelphia, Byrne-Green, Federal 
                Building-U.S. Courthouse, $11,212,000
            Virginia:
                    Reston, J.W. Powell Building, $9,151,000
            Nationwide:
                    Chlorofluorocarbons Program, $25,000,000
                    Energy Program, $25,000,000
                    Design Program, $16,710,000
                    Basic Repairs and Alteration, $344,236,000:
Provided further, That additional projects for which 
prospectuses have been fully approved may be funded under this 
category only if advance approval is obtained from the 
Committees on Appropriations: Provided further, That the 
amounts provided in this or any prior Act for ``Repairs and 
Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to 
meet the minimum standards for security in accordance with 
current law and in compliance with the reprogramming guidelines 
of the appropriate Committees of the House and Senate: Provided 
further, That the difference between the funds appropriated and 
expended on any projects in this or any prior Act, under the 
heading ``Repairs and Alterations'', may be transferred to 
Basic Repairs and Alterations or used to fund authorized 
increases in prospectus projects: Provided further, That all 
funds for repairs and alterations prospectus projects shall 
expire on September 30, 2000, and remain in the Federal 
Buildings Fund except funds for projects as to which funds for 
design or other funds have been obligated in whole or in part 
prior to such date: Provided further, That of the amount 
provided, $100,000 shall be used to address the lighting issues 
at the Byrne-Green Federal Courthouse in Philadelphia, 
Pennsylvania: Provided further, That of the amount provided in 
this or any prior Act for Basic Repairs and Alterations, 
$1,600,000 shall be provided to complete the alterations 
required at the Milwaukee, Wisconsin Courthouse: Provided 
further, That of the amount provided in this or any prior Act 
for Basic Repairs and Alterations, $1,100,000 may be used to 
provide a newfence surrounding the Suitland Federal Complex in 
Suitland, Maryland: Provided further, That $5,700,000 of the funds 
provided under this heading in Public Law 103-329 for the Holtsville, 
New York, IRS Service Center shall remain available until September 30, 
1999: Provided further, That the amount provided in this or any prior 
Act for Basic Repairs and Alterations may be used to pay claims against 
the Government arising from any projects under the heading ``Repairs 
and Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $215,764,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $2,583,261,000 for rental of space which shall 
remain available until expended: Provided further, That of the amount 
provided, $15,000,000 shall not be available for obligation until 
September 30, 1999; and (5) $1,554,772,000 for building operations 
which shall remain available until expended: Provided further, That of 
the amount provided $68,000,000 shall not be available for obligation 
until September 30, 1999: Provided further, That funds available to the 
General Services Administration shall not be available for expenses of 
any construction, repair, alteration and acquisition project for which 
a prospectus, if required by the Public Buildings Act of 1959, as 
amended, has not been approved, except that necessary funds may be 
expended for each project for required expenses for the development of 
a proposed prospectus: Provided further, That for the purposes of this 
authorization, and hereafter, buildings constructed pursuant to the 
purchase contract authority of the Public Buildings Amendments of 1972 
(40 U.S.C. 602a), buildings occupied pursuant to installment purchase 
contracts, and buildings under the control of another department or 
agency where alterations of such buildings are required in connection 
with the moving of such other department or agency from buildings then, 
or thereafter to be, under the control of the General Services 
Administration shall be considered to be federally owned buildings: 
Provided further, That funds available in the Federal Buildings Fund 
may be expended for emergency repairs when advance approval is obtained 
from the Committees on Appropriations: Provided further, That amounts 
necessary to provide reimbursable special services to other agencies 
under section 210(f)(6) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to 
provide such reimbursable fencing, lighting, guard booths, and other 
facilities on private or other property not in Government ownership or 
control as may be appropriate to enable the United States Secret 
Service to perform its protective functions pursuant to 18 U.S.C. 3056, 
shall be available from such revenues and collections: Provided 
further, That the remaining balances and associated assets and 
liabilities of the Pennsylvania Avenue Activities account are hereby 
transferred to the Federal Buildings Fund to be effective October 1, 
1998, and that all income earned after that effective date that would 
otherwise have been deposited to the Pennsylvania Avenue Activities 
account shall thereafter be deposited to the Federal Buildings Fund, to 
be available for the purposes authorized by Public Laws 104-134 and 
104-208, notwithstanding subsection 210(f)(2) of the Federal Property 
and Administrative Services Act, as amended: Provided further, That of 
the amount provided, $475,000 shall be made available for the 1999 
Women's World Cup Soccer event: Provided further, That of the amount 
provided, $600,000 shall be made available for the 1999 World Alpine 
Ski Championships: Provided further, That revenues and collections and 
any other sums accruing to this Fund during fiscal year 1999, excluding 
reimbursements under section 210(f)(6) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of 
$5,605,018,000 shall remain in the Fund and shall not be available for 
expenditure except as authorized in appropriations Acts.


                         policy and operations


    For expenses authorized by law, not otherwise provided for, 
for Government-wide policy and oversight activities associated 
with asset management activities; utilization and donation of 
surplus personal property; transportation; procurement and 
supply; Government-wide and internal responsibilities relating 
to automated data management, telecommunications, information 
resources management, and related technology activities; 
utilization survey, deed compliance inspection, appraisal, 
environmental and cultural analysis, and land use planning 
functions pertaining to excess and surplus real property; 
agency-wide policy direction; Board of Contract Appeals; 
accounting, records management, and other support services 
incident to adjudication of Indian Tribal Claims by the United 
States Court of Federal Claims; services as authorized by 5 
U.S.C. 3109; and not to exceed $5,000 for official reception 
and representation expenses; $109,594,000: Provided, That none 
of the funds appropriated from this Act shall be available to 
convert the Old Post Office at 1100 Pennsylvania Avenue in 
Northwest Washington, D.C., from office use to any other use 
until a comprehensive plan, which shall include street-level 
retail use, has been approved by the Senate Committee on 
Appropriations, the House Committee on Transportation and 
Infrastructure, and the Senate Committee on Environment and 
Public Works: Provided further, That no funds from this Act 
shall be available to acquire by purchase, condemnation, or 
otherwise the leasehold rights of the existing lease with 
private parties at the Old Post Office prior to the approval of 
the comprehensive plan by the Senate Committee on 
Appropriations, the House Committee on Transportation and 
Infrastructure, and the Senate Committee on Environment and 
Public Works: Provided further, That $100,000 is provided to 
the property disposal activity for the Racine, Wisconsin, 
property transfer identified in General Services Administration 
General Provision section 409.


                      office of inspector general


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


           allowances and office staff for former presidents


                     (including transfer of funds)


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


          general provisions--general services administration


    Sec. 401. The appropriate appropriation or fund available 
to the General Services Administration shall be credited with 
the cost of operation, protection, maintenance, upkeep, repair, 
and improvement, included as part of rentals received from 
Government corporations pursuant to law (40 U.S.C. 129).
    Sec. 402. Funds available to the General Services 
Administration shall be available for the hire of passenger 
motor vehicles.
    Sec. 403. Funds in the Federal Buildings Fund made 
available for fiscal year 1999 for Federal Buildings Fund 
activities may be transferred between such activities only to 
the extent necessary to meet program requirements: Provided, 
That any proposed transfers shall be approved in advance by the 
Committees on Appropriations.
    Sec. 404. No funds made available by this Act shall be used 
to transmit a fiscal year 2000 request for United States 
Courthouse construction that: (1) does not meet the design 
guide standards for construction as established and approved by 
the General Services Administration, theJudicial Conference of 
the United States, and the Office of Management and Budget; and (2) 
does not reflect the priorities of the Judicial Conference of the 
United States as set out in its approved 5-year construction plan: 
Provided, That the fiscal year 2000 request must be accompanied by a 
standardized courtroom utilization study of each facility to be 
constructed, replaced, or expanded.
    Sec. 405. None of the funds provided in this Act may be 
used to increase the amount of occupiable square feet, provide 
cleaning services, security enhancements, or any other service 
usually provided through the Federal Buildings Fund, to any 
agency which does not pay the rate per square foot assessment 
for space and services as determined by the General Services 
Administration in compliance with the Public Buildings 
Amendments Act of 1972 (Public Law 92-313).
    Sec. 406. Funds provided to other Government agencies by 
the Information Technology Fund, General Services 
Administration, under 40 U.S.C. 757 and sections 5124(b) and 
5128 of Public Law 104-106, Information Technology Management 
Reform Act of 1996, for performance of pilot information 
technology projects which have potential for Government-wide 
benefits and savings, may be repaid to this Fund from any 
savings actually incurred by these projects or other funding, 
to the extent feasible.
    Sec. 407. From funds made available under the heading 
``Federal Buildings Fund Limitations on Revenue'', claims 
against the Government of less than $250,000 arising from 
direct construction projects and acquisition of buildings may 
be liquidated from savings effected in other construction 
projects with prior notification to the Committees on 
Appropriations.
    Sec. 408. From the funds made available under the heading 
``Federal Buildings Fund Limitations on Revenue'', in addition 
to amounts provided in budget activities above, up to 
$5,000,000 shall be available for the demolition, cleanup and 
conveyance of the property at block 35 and lot 2 of block 36 in 
Anchorage, Alaska: Provided, That notwithstanding any other 
provision of law, the Administrator of General Services shall, 
not later than 18 months after the date of enactment of this 
Act, demolish and remove all buildings, structures and other 
fixtures on the property at block 35 and lot 2 of block 36, 
Anchorage Original Townsite East Addition, Anchorage, Alaska, 
excluding any portion dedicated for use by the Centers for 
Disease Control and Prevention: Provided further, That the 
remediation of said parcel shall include the removal of all 
asbestos, lead and any other contamination, and restoration of 
the property, to the extent practicable, to an undeveloped 
condition: Provided further, That upon completion of the 
activities required for the demolition and removal of 
buildings, and notwithstanding any other provision of law, the 
Administrator of General Services shall convey to the 
municipality of Anchorage, without reimbursement, all right, 
title, and interest of the United States to the property.
    Sec. 409. The Administrator of General Services may convey 
to the City of Racine, Wisconsin, all right, title, and 
interest of the United States in and to a parcel of excess real 
property, including improvements thereon, that is located on 
2310 Center Street, commencing at the intersection of the North 
line of 24th Street and the center line of Center Street, being 
the point of the beginning; thence Northerly along the center 
line of Center Street, 426 feet to the South line of 23rd 
Street extended East; thence Westerly along the South line of 
23rd Street extended East; 325 feet to the West line of 
Franklin Street extended South; thence southerly along the West 
line of Franklin Street extended South to a point on the North 
line of 24th Street; thence Easterly along the North line of 
24th Street to the point of beginning located in Racine, 
Wisconsin, and which contains the U.S. Army Reserve Center.


               department of transportation headquarters


    Sec. 410. (a) In General.--The Administrator of General 
Services shall--
            (1) enter into an operating lease to acquire space 
        for the Department of Transportation headquarters; and
            (2) commence procurement of the lease not later 
        than November 1, 1998:
Provided, That the annual rent payment does not exceed 
$55,000,000.
    (b) Terms.--The authority granted in subsection (a) is 
effective only to the extent that the lease acquisition meets 
the guidelines for operating leases set forth in the joint 
statement of the managers for the conference report to the 
Balanced Budget Agreement of 1997, as determined by the 
Director of the Office of Management and Budget.
    Sec. 411. Notwithstanding any other provision of law, the 
requirement under section 407 of Public Law 104-208 (110 Stat. 
3009-337-38), that the Administrator of General Services charge 
user fees for flexiplace telecommuting centers that approximate 
commercial charges for comparable space and services but in no 
instance less than the amount necessary to pay the cost of 
establishing and operating such centers, shall not apply to the 
user fees charged for the period beginning October 1, 1996, and 
ending September 30, 1998, for the telecommuting centers 
established as part of a pilot telecommuting demonstration 
program in the Washington, D.C. metropolitan area by Public 
Laws 102-393, 103-123, 103-329, 104-52, and 104-208: Provided, 
That for these centers in the pilot demonstration program for 
the period beginning October 1, 1998, and ending September 30, 
2000, the Administrator shall charge fees for Federal agency 
use of a telecenter based on 50 percent of the Administrator's 
annual costs of operating the center, including the reasonable 
cost of replacement for furniture, fixtures, and equipment: 
Provided further, That effective October 1, 2000, the 
Administrator shall charge fees for Federal agency use of the 
demonstration telecommuting centers based on 100 percent of the 
annual operating costs, including the reasonable cost of 
replacement for furniture, fixtures, and equipment: Provided 
further, That, to the extent such user charges do not cover the 
Administrator's costs in operating these centers, 
appropriations to the General Services Administration are 
authorized to reimburse the Federal Buildings Fund for any loss 
of revenue.
    Sec. 412. (a) Authority To Convey.--
            (1) In general.--Notwithstanding any other 
        provision of law, the Administrator of General Services 
        shall convey to the University of Miami, by negotiated 
        sale or by negotiated land exchange and by not later 
        than September 30, 1999, all right, title, and interest 
        of the United States in and to the property described 
        in paragraph (2).
            (2) Property described.--The property referred to 
        in paragraph (1) is real property in Miami-Dade County, 
        Florida, including improvements thereon, comprising the 
        Federal facility known as the United States Naval 
        Observatory/Alternate Time Service Laboratory, 
        consisting of approximately 76 acres. The exact acreage 
        and legal description of the property shall be 
        determined by a survey that is satisfactory to the 
        Administrator.
    (b) Condition Regarding Use.--Any conveyance under 
subsection (a) shall be subject to the condition that during 
the 10-year period beginning on the date of the conveyance, the 
University shall use the property, or provide for use of the 
property, only for--
            (1) a research, education, and training facility 
        complementary to longstanding national research 
        missions, subject to such incidental exceptions as may 
        be approved by the Administrator;
            (2) research-related purposes other than the use 
        specified in paragraph (1), under an agreement entered 
        into by the Administrator and the University; or
            (3) a combination of uses described in paragraph 
        (1) and paragraph (2), respectively.
    (c) Additional Terms and Conditions.--The Administrator may 
require such additional terms and conditions with respect to 
the conveyance under subsection (a) as the Administrator 
considers appropriate to protect the interests of the United 
States.
    (d) Reversion.--If the Administrator determines at any time 
that the property conveyed under subsection (a) is not being 
used in accordance with this section, all right, title, and 
interest in and to the property, including any improvements 
thereon, shall revert to the United States, and the United 
States shall have the right of immediate entry thereon.
    Sec. 413. The Administrator of General Services is directed 
to reincorporate the elements of the original proposed design 
for the facade of the United States Courthouse, London, 
Kentucky, project into the revised design of the building in 
order to ensure compatibility of this new facility with the 
historic U.S. Courthouse in London, Kentucky, to maintain the 
stateliness of the building. Construction or design of the 
London, Kentucky, project should not be diminished in any way 
to achieve this goal.

                 Environmental Dispute Resolution Fund

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

                     Merit Systems Protection Board


                         salaries and expenses


                     (including transfer of funds)


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

              National Archives and Records Administration


                           operating expenses


    For necessary expenses in connection with the 
administration of the National Archives (including the 
Information Security Oversight Office) and records and related 
activities, as provided by law, and for expenses necessary for 
the review and declassification of documents, and for the hire 
of passenger motor vehicles, $224,614,000: Provided, That of 
the amount provided, $7,861,000 shall not be available for 
obligation until September 30, 1999: Provided further, That the 
Archivist of the United States is authorized to use any excess 
funds available from the amount borrowed for construction of 
the National Archives facility, for expenses necessary to 
provide adequate storage for holdings.


                        repairs and restoration


    For the repair, alteration, and improvement of archives 
facilities, and to provide adequate storage for holdings, 
$11,325,000, to remain available until expended, of which 
$2,000,000 is for an architectural and engineering study for 
the renovation of the Archives I facility, of which $4,000,000 
is for encasement of the Charters of Freedom, and of which 
$875,000 is for a requirements study and design of the National 
Archives Anchorage, Alaska, facility.

        National Historical Publications and Records Commission


                             grants program


    For necessary expenses for allocations and grants for 
historical publications and records as authorized by 44 U.S.C. 
2504, as amended, $10,000,000, to remain available until 
expended: Provided, That of the amount provided, $4,000,000 
shall not be available for obligation until September 30, 1999.

                      Office of Government Ethics


                         salaries and expenses


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

                     Office of Personnel Management


                         salaries and expenses


                  (including transfer of trust funds)


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


                      office of inspector general


                         salaries and expenses


                  (including transfer of trust funds)


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


      government payment for annuitants, employees health benefits


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


       government payment for annuitants, employee life insurance


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


        payment to civil service retirement and disability fund


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

                       Office of Special Counsel


                         salaries and expenses


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

                        United States Tax Court


                         salaries and expenses


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

                      TITLE V--GENERAL PROVISIONS

                                This Act

    Sec. 501. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
     Sec. 502. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law.
    Sec. 503. None of the funds made available by this Act 
shall be available for any activity or for paying the salary of 
any Government employee where funding an activity or paying a 
salary to a Government employee would result in a decision, 
determination, rule, regulation, or policy that would prohibit 
the enforcement of section 307 of the Tariff Act of 1930.
    Sec. 504. None of the funds made available by this Act 
shall be available in fiscal year 1999 for the purpose of 
transferring control over the Federal Law Enforcement Training 
Center located at Glynco, Georgia, and Artesia, New Mexico, out 
of the Department of the Treasury.
    Sec. 505. No part of any appropriation contained in this 
Act shall be available to pay the salary for any person filling 
a position, other than a temporary position, formerly held by 
an employee who has left to enter the Armed Forces of the 
United States and has satisfactorily completed his period of 
active military or naval service, and has within 90 days after 
his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 
year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as 
still qualified to perform the duties of his former position 
and has not been restored thereto.
    Sec. 506. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in 
expending the assistance the entity will comply with sections 2 
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act'').
    Sec. 507. (a) Purchase of American-Made Equipment and 
Products.--In the case of any equipment or products that may be 
authorized to be purchased with financial assistance provided 
under this Act, it is the sense of the Congress that entities 
receiving such assistance should, in expending the assistance, 
purchase only American-made equipment and products.
    (b) Notice to Recipients of Assistance.--In providing 
financial assistance under this Act, the Secretary of the 
Treasury shall provide to each recipient of the assistance a 
notice describing the statement made in subsection (a) by the 
Congress.
    Sec. 508. If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription 
with the same meaning, to any product sold in or shipped to the 
United States that is not made in the United States, such 
person shall be ineligible to receive any contract or 
subcontract made with funds provided pursuant to this Act, 
pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 
48, Code of Federal Regulations.
    Sec. 509. No funds appropriated by this Act shall be 
available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the Federal 
employees health benefit program which provides any benefits or 
coverage for abortions.
    Sec. 510. The provision of section 509 shall not apply 
where the life of the mother would be endangered if the fetus 
were carried to term, or the pregnancy is the result of an act 
of rape or incest.
    Sec. 511. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 1999 from appropriations 
made available for salaries and expenses for fiscal year 1999 
in this Act, shall remain available through September 30, 2000, 
for each such account for the purposes authorized: Provided, 
That a request shall be submitted to the Committees on 
Appropriations for approval prior to the expenditure of such 
funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 512. None of the funds made available in this Act may 
be used by the Executive Office of the President to request 
from the Federal Bureau of Investigation any official 
background investigation report on any individual, except when 
it is made known to the Federal official having authority to 
obligate or expend such funds that--
            (1) such individual has given his or her express 
        written consent for such request not more than 6 months 
        prior to the date of such request and during the same 
        presidential administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.
    Sec. 513. Funds provided in this Act may be used to 
initiate or continue projects or activities to the extent 
necessary, consistent with existing agency plans, to achieve 
Year 2000 (Y2K) computer conversion until such time as 
supplemental appropriations are made available for that 
purpose: Provided, That the program, project, or activity from 
which funds are obligated for Y2K conversion activities shall 
be reimbursed when such supplemental appropriations are made 
available.
    Sec. 515. Hereafter, any payment of attorneys fees, costs, 
and sanctions required to be made by the Federal Government 
pursuant to the order of the district court in the case 
Association of American Physicians and Surgeons, Inc. v. 
Clinton, 989 F. Supp. 8 (1997), or any appeal of such case, 
shall be derived by transfer from amounts made available in 
this or any other Act for any fiscal year for ``Compensation of 
the President and the White House Office--Salaries and 
Expenses''.
    Sec. 516. Notwithstanding Section 515 of Public Law 104-
208, fifty percent of the unobligated balances available to the 
White House Office, Salaries and Expenses appropriations in 
fiscal year 1997, shall remain available through September 30, 
1999, for the purposes of satisfying the conditions of Section 
515 of this Act.
    Sec. 517. The Morris K. Udall Scholarship and Excellence in 
National Environmental and Native American Public Policy Act of 
1992, as amended (20 U.S.C. 5601 et seq.), is amended as 
follows:
            (a) in section 11, by--
                    (1) deleting the heading and inserting 
                ``Use of the Institute by a Federal Agency or 
                Other Entity.''; and
                    (2) adding the following new subsection at 
                the end:
    ``(e) Non-Federal Entities.--
            ``(1) Non-Federal entities, including state and 
        local governments, Native American tribal governments, 
        nongovernmental organizations and persons, as defined 
        in 1 U.S.C. 1, may use the Foundation and the Institute 
        to provide assessment, mediation, or other related 
        services in connection with a dispute or conflict 
        involving the Federal government related to the 
        environment, public lands, or natural resources.
            ``(2) Payment into the environmental dispute 
        resolution fund.--Entities utilizing services pursuant 
        to this subsection shall reimburse the Institute for 
        the costs of services provided. Such amounts shall be 
        deposited into the Environmental Dispute Resolution 
        Fund established under section 10.''; and
            (b) in section 12, by:
                    (1) deleting ``In General--'' and inserting 
                ``(a) In General--''; and
                    (2) adding the following new subsection:
    ``(b) The Institute.--The authorities set forth above 
shall, with the exception of paragraph (4), apply to the 
Institute established pursuant to section 10.''; and
            (c) in section 10(b), by adding before the period 
        as follows: ``, including not to exceed $1,000 annually 
        for official reception and representation expenses''.
    Sec. 518. The cost accounting standards promulgated under 
section 26 of the Office of Federal Procurement Policy Act 
(Public Law 93-400; 41 U.S.C. 422) shall not apply with respect 
to a contract under the Federal Employees Health Benefits 
Program established under chapter 89 of title 5, United States 
Code.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

    Sec. 601. Funds appropriated in this or any other Act may 
be used to pay travel to the United States for the immediate 
family of employees serving abroad in cases of death or life 
threatening illness of said employee.
    Sec. 602. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any 
other Act for fiscal year 1999 shall obligate or expend any 
such funds, unless such department, agency, or instrumentality 
has in place, and will continue to administer in good faith, a 
written policy designed to ensure that all of its workplaces 
are free from the illegal use, possession, or distribution of 
controlled substances (as defined in the Controlled Substances 
Act) by the officers and employees of such department, agency, 
or instrumentality.
    Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, 
department, or instrumentality of the United States which 
provides or proposes to provide child care services for Federal 
employees may, in fiscal year 1999 and thereafter, reimburse 
any Federal employee or any person employed to provide such 
services for travel, transportation, and subsistence expenses 
incurred for training classes, conferences, or other meetings 
in connection with the provision of such services: Provided, 
That any per diem allowance made pursuant to this section shall 
not exceed the rate specified in regulations prescribed 
pursuant to section 5707 of title 5, United States Code.
    Sec. 604. Unless otherwise specifically provided, the 
maximum amount allowable during the current fiscal year in 
accordance with section 16 of the Act of August 2, 1946 (60 
Stat. 810), for the purchase of any passenger motor vehicle 
(exclusive of buses, ambulances, law enforcement, and 
undercover surveillance vehicles), is hereby fixed at $8,100 
except station wagons for which the maximum shall be $9,100: 
Provided, That these limits may be exceeded by not to exceed 
$3,700 for police-type vehicles, and by not to exceed $4,000 
for special heavy-duty vehicles: Provided further, That the 
limits set forth in this section may not be exceeded by more 
than 5 percent for electric or hybrid vehicles purchased for 
demonstration under the provisions of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976: 
Provided further, That the limits set forth in this section may 
be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101-549 over the cost 
of comparable conventionally fueled vehicles.
    Sec. 605. Appropriations of the executive departments and 
independent establishments for the current fiscal year 
available for expenses of travel, or for the expenses of the 
activity concerned, are hereby made available for quarters 
allowances and cost-of-living allowances, in accordance with 5 
U.S.C. 5922-5924.
    Sec. 606. Unless otherwise specified during the current 
fiscal year, no part of any appropriation contained in this or 
any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States 
(including any agency the majority of the stock of which is 
owned by the Government of the United States) whose post of 
duty is in the continental United States unless such person: 
(1) is a citizen of the United States; (2) is a person in the 
service of the United States on the date of enactment of this 
Act who, being eligible for citizenship, has filed a 
declaration of intention to become a citizen of the United 
States prior to such date and is actually residing in the 
United States; (3) is a person who owes allegiance to the 
United States; (4) is an alienfrom Cuba, Poland, South Vietnam, 
the countries of the former Soviet Union, or the Baltic countries 
lawfully admitted to the United States for permanent residence; (5) is 
a South Vietnamese, Cambodian, or Laotian refugee paroled in the United 
States after January 1, 1975; or (6) is a national of the People's 
Republic of China who qualifies for adjustment of status pursuant to 
the Chinese Student Protection Act of 1992: Provided, That for the 
purpose of this section, an affidavit signed by any such person shall 
be considered prima facie evidence that the requirements of this 
section with respect to his or her status have been complied with: 
Provided further, That any person making a false affidavit shall be 
guilty of a felony, and, upon conviction, shall be fined no more than 
$4,000 or imprisoned for not more than 1 year, or both: Provided 
further, That the above penal clause shall be in addition to, and not 
in substitution for, any other provisions of existing law: Provided 
further, That any payment made to any officer or employee contrary to 
the provisions of this section shall be recoverable in action by the 
Federal Government. This section shall not apply to citizens of 
Ireland, Israel, or the Republic of the Philippines, or to nationals of 
those countries allied with the United States in a current defense 
effort, or to international broadcasters employed by the United States 
Information Agency, or to temporary employment of translators, or to 
temporary employment in the field service (not to exceed 60 days) as a 
result of emergencies.
    Sec. 607. Appropriations available to any department or 
agency during the current fiscal year for necessary expenses, 
including maintenance or operating expenses, shall also be 
available for payment to the General Services Administration 
for charges for space and services and those expenses of 
renovation and alteration of buildings and facilities which 
constitute public improvements performed in accordance with the 
Public Buildings Act of 1959 (73 Stat. 749), the Public 
Buildings Amendments of 1972 (87 Stat. 216), or other 
applicable law.
    Sec. 608. In addition to funds provided in this or any 
other Act, all Federal agencies are authorized to receive and 
use funds resulting from the sale of materials, including 
Federal records disposed of pursuant to a records schedule 
recovered through recycling or waste prevention programs. Such 
funds shall be available until expended for the following 
purposes:
            (1) Acquisition, waste reduction and prevention, 
        and recycling programs as described in Executive Order 
        No. 12873 (October 20, 1993), including any such 
        programs adopted prior to the effective date of the 
        Executive order.
            (2) Other Federal agency environmental management 
        programs, including, but not limited to, the 
        development and implementation of hazardous waste 
        management and pollution prevention programs.
            (3) Other employee programs as authorized by law or 
        as deemed appropriate by the head of the Federal 
        agency.
    Sec. 609. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the 
corporations and agencies subject to chapter 91 of title 31, 
United States Code, shall be available, in addition to objects 
for which such funds are otherwise available, for rent in the 
District of Columbia; services in accordance with 5 U.S.C. 
3109; and the objects specified under this head, all the 
provisions of which shall be applicable to the expenditure of 
such funds unless otherwise specified in the Act by which they 
are made available: Provided, That in the event any functions 
budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 610. No part of any appropriation for the current 
fiscal year contained in this or any other Act shall be paid to 
any person for the filling of any position forwhich he or she 
has been nominated after the Senate has voted not to approve the 
nomination of said person.
    Sec. 611. No part of any appropriation contained in this or 
any other Act shall be available for interagency financing of 
boards (except Federal Executive Boards), commissions, 
councils, committees, or similar groups (whether or not they 
are interagency entities) which do not have a prior and 
specific statutory approval to receive financial support from 
more than one agency or instrumentality.
    Sec. 612. Funds made available by this or any other Act to 
the Postal Service Fund (39 U.S.C. 2003) shall be available for 
employment of guards for all buildings and areas owned or 
occupied by the Postal Service and under the charge and control 
of the Postal Service, and such guards shall have, with respect 
to such property, the powers of special policemen provided by 
the first section of the Act of June 1, 1948, as amended (62 
Stat. 281; 40 U.S.C. 318), and, as to property owned or 
occupied by the Postal Service, the Postmaster General may take 
the same actions as the Administrator of General Services may 
take under the provisions of sections 2 and 3 of the Act of 
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and 
318b), attaching thereto penal consequences under the authority 
and within the limits provided in section 4 of the Act of June 
1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c).
    Sec. 613. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, 
or enforce any regulation which has been disapproved pursuant 
to a resolution of disapproval duly adopted in accordance with 
the applicable law of the United States.
    Sec. 614. (a) Notwithstanding any other provision of law, 
and except as otherwise provided in this section, no part of 
any of the funds appropriated for fiscal year 1999, by this or 
any other Act, may be used to pay any prevailing rate employee 
described in section 5342(a)(2)(A) of title 5, United States 
Code--
            (1) during the period from the date of expiration 
        of the limitation imposed by section 614 of the 
        Treasury and General Government Appropriations Act, 
        1998, until the normal effective date of the applicable 
        wage survey adjustment that is to take effect in fiscal 
        year 1999, in an amount that exceeds the rate payable 
        for the applicable grade and step of the applicable 
        wage schedule in accordance with such section 614; and
            (2) during the period consisting of the remainder 
        of fiscal year 1999, in an amount that exceeds, as a 
        result of a wage survey adjustment, the rate payable 
        under paragraph (1) by more than the sum of--
                    (A) the percentage adjustment taking effect 
                in fiscal year 1999 under section 5303 of title 
                5, United States Code, in the rates of pay 
                under the General Schedule; and
                    (B) the difference between the overall 
                average percentage of the locality-based 
                comparability payments taking effect in fiscal 
                year 1999 under section 5304 of such title 
                (whether by adjustment or otherwise), and the 
                overall average percentage of such payments 
                which was effective in fiscal year 1998 under 
                such section.
    (b) Notwithstanding any other provision of law, no 
prevailing rate employee described in subparagraph (B) or (C) 
of section 5342(a)(2) of title 5, United States Code, and no 
employee covered by section 5348 of such title, may be paid 
during the periods for which subsection (a) is in effect at a 
rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to 
an employee who is covered by this section and who is paid from 
a schedule not in existence on September 30, 1998,shall be 
determined under regulations prescribed by the Office of Personnel 
Management.
    (d) Notwithstanding any other provision of law, rates of 
premium pay for employees subject to this section may not be 
changed from the rates in effect on September 30, 1998, except 
to the extent determined by the Office of Personnel Management 
to be consistent with the purpose of this section.
    (e) This section shall apply with respect to pay for 
service performed after September 30, 1998.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any 
requirement or limitation on the basis of a rate of salary or 
basic pay, the rate of salary or basic pay payable after the 
application of this section shall be treated as the rate of 
salary or basic pay.
    (g) Nothing in this section shall be considered to permit 
or require the payment to any employee covered by this section 
at a rate in excess of the rate that would be payable were this 
section not in effect.
    (h) The Office of Personnel Management may provide for 
exceptions to the limitations imposed by this section if the 
Office determines that such exceptions are necessary to ensure 
the recruitment or retention of qualified employees.
    Sec. 615. During the period in which the head of any 
department or agency, or any other officer or civilian employee 
of the Government appointed by the President of the United 
States, holds office, no funds may be obligated or expended in 
excess of $5,000 to furnish or redecorate the office of such 
department head, agency head, officer, or employee, or to 
purchase furniture or make improvements for any such office, 
unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations. For the 
purposes of this section, the word ``office'' shall include the 
entire suite of offices assigned to the individual, as well as 
any other space used primarily by the individual or the use of 
which is directly controlled by the individual.
    Sec. 616. Notwithstanding any other provision of law, no 
executive branch agency shall purchase, construct, and/or lease 
any additional facilities, except within or contiguous to 
existing locations, to be used for the purpose of conducting 
Federal law enforcement training without the advance approval 
of the Committees on Appropriations, except that the Federal 
Law Enforcement Training Center is authorized to obtain the 
temporary use of additional facilities by lease, contract, or 
other agreement for training which cannot be accommodated in 
existing Center facilities.
    Sec. 617. Notwithstanding section 1346 of title 31, United 
States Code, or section 611 of this Act, funds made available 
for fiscal year 1999 by this or any other Act shall be 
available for the interagency funding of national security and 
emergency preparedness telecommunications initiatives which 
benefit multiple Federal departments, agencies, or entities, as 
provided by Executive Order No. 12472 (April 3, 1984).
    Sec. 618. (a) None of the funds appropriated by this or any 
other Act may be obligated or expended by any Federal 
department, agency, or other instrumentality for the salaries 
or expenses of any employee appointed to a position of a 
confidential or policy-determining character excepted from the 
competitive service pursuant to section 3302 of title 5, United 
States Code, without a certification to the Office of Personnel 
Management from the head of the Federal department, agency, or 
other instrumentality employing the Schedule C appointee that 
the Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to 
Federal employees or members of the armed services detailed to 
or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense 
        for the collection of specialized national foreign 
        intelligence through reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, 
        Air Force, and Marine Corps, the Federal Bureau of 
        Investigation and the Drug Enforcement Administration 
        of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; 
        and
            (7) the Director of Central Intelligence.
    Sec. 619. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any 
other Act for fiscal year 1999 shall obligate or expend any 
such funds, unless such department, agency, or instrumentality 
has in place, and will continue to administer in good faith, a 
written policy designed to ensure that all of its workplaces 
are free from discrimination and sexual harassment and that all 
of its workplaces are not in violation of title VII of the 
Civil Rights Act of 1964, as amended, the Age Discrimination in 
Employment Act of 1967, and the Rehabilitation Act of 1973.
    Sec. 620. No part of any appropriation contained in this 
Act may be used to pay for the expenses of travel of employees, 
including employees of the Executive Office of the President, 
not directly responsible for the discharge of official 
governmental tasks and duties: Provided, That this restriction 
shall not apply to the family of the President, Members of 
Congress or their spouses, Heads of State of a foreign country 
or their designees, persons providing assistance to the 
President for official purposes, or other individuals so 
designated by the President.
    Sec. 621. For purposes of each provision of law amended by 
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 
5318 note), no adjustment under section 5303 of title 5, United 
States Code, shall be considered to have taken effect in fiscal 
year 1999 in the rates of basic pay for the statutory pay 
systems.
    Sec. 622. None of the funds appropriated in this or any 
other Act shall be used to acquire information technologies 
which do not comply with part 39.106 (Year 2000 compliance) of 
the Federal Acquisition Regulation, unless an agency's Chief 
Information Officer determines that noncompliance with part 
39.106 is necessary to the function and operation of the 
requesting agency or the acquisition is required by a signed 
contract with the agency in effect before the date of enactment 
of this Act. Any waiver granted by the Chief Information 
Officer shall be reported to the Office of Management and 
Budget, and copies shall be provided to Congress.
    Sec. 623. None of the funds made available in this Act for 
the United States Customs Service may be used to allow the 
importation into the United States of any good, ware, article, 
or merchandise mined, produced, or manufactured by forced or 
indentured child labor, as determined pursuant to section 307 
of the Tariff Act of 1930 (19 U.S.C. 1307).
    Sec. 624. Notwithstanding any other provision of law, no 
part of any funds provided by this Act or any other Act 
beginning in fiscal year 1999 and thereafter shall be available 
for paying Sunday premium pay to any employee unless such 
employee actually performed work during the time corresponding 
to such premium pay.
    Sec. 625. No part of any appropriation contained in this or 
any other Act shall be available for the payment of the salary 
of any officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens 
        to prohibit or prevent, any other officer or employee 
        of the Federal Government from having any direct oral 
        or written communication or contact with any Member, 
        committee, or subcommittee of the Congress in 
        connection with any matter pertaining to the employment 
        of such other officer or employee or pertaining to the 
        department or agency of such other officer or employee 
        in any way, irrespective of whether such communication 
        or contact is at the initiative of such other officer 
        or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, 
        demotes, reduces in rank, seniority, status, pay, or 
        performance of efficiency rating, denies promotion to, 
        relocates, reassigns, transfers, disciplines, or 
        discriminates in regard to any employment right, 
        entitlement, or benefit, or any term or condition of 
        employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit 
        any of the foregoing actions with respect to such other 
        officer or employee, by reason of any communication or 
        contact of such other officer or employee with any 
        Member, committee, or subcommittee of the Congress as 
        described in paragraph (1).
    Sec. 626. Section 626(b) of the Treasury, Postal Service, 
and General Government Appropriations Act, 1997, as contained 
in section 101(f) of Public Law 104-208 (110 Stat. 3009-360), 
the Omnibus Consolidated Appropriations Act, 1997, is amended 
to read as follows: ``(b) Until September 30, 1999, or until 
the end of the current FTS 2000 contracts, whichever is 
earlier, subsection (a) shall continue to apply to the use of 
the funds appropriated by this or any other Act.''.
    Sec. 627. (a) Definitions.--In this section--
            (1) the term ``crime of violence'' has the meaning 
        given that term in section 16 of title 18, United 
        States Code; and
            (2) the term ``law enforcement officer'' means any 
        employee described in subparagraph (A), (B), or (C) of 
        section 8401(17) of title 5, United States Code; and 
        any special agent in the Diplomatic Security Service of 
        the Department of State.
    (b) Rule of Construction.--Notwithstanding any other 
provision of law, for purposes of chapter 171 of title 28, 
United States Code, or any other provision of law relating to 
tort liability, a law enforcement officer shall be construed to 
be acting within the scope of his or her office or employment, 
if the officer takes reasonable action, including the use of 
force, to--
            (1) protect an individual in the presence of the 
        officer from a crime of violence;
            (2) provide immediate assistance to an individual 
        who has suffered or who is threatened with bodily harm; 
        or
            (3) prevent the escape of any individual who the 
        officer reasonably believes to have committed in the 
        presence of the officer a crime of violence.


          federal firefighters overtime pay reform act of 1998


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

``Sec. 5545b. Pay for firefighters

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

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

    (c) Training.--Section 4109 of title 5, United States Code, 
is amended by adding at the end the following new subsection:
    ``(d) Notwithstanding subsection (a)(1), a firefighter who 
is subject to section 5545b of this title shall be paidbasic 
pay and overtime pay for the firefighter's regular tour of duty while 
attending agency sanctioned training.''.
    (d) Inclusion in Basic Pay for Federal Retirement.--Section 
8331(3) of title 5, United States Code, is amended--
            (1) by striking ``and'' after subparagraph (D);
            (2) by redesignating subparagraph (E) as 
        subparagraph (G);
            (3) by inserting the following:
                    ``(E) with respect to a criminal 
                investigator, availability pay under section 
                5545a of this title;
                    ``(F) pay as provided in section 5545b 
                (b)(2) and (c)(2); and ''; and
            (4) by striking ``subparagraphs (B), (C), (D), and 
        (E)'' and inserting ``subparagraphs (B) through (G)''.
    (e) Effective Date.--The amendments made by this section 
shall take effect on the first day of the first applicable pay 
period which begins on or after October 1, 1998.
    (f) Regulations.--Under regulations prescribed by the 
Office of Personnel Management, a firefighter subject to 
section 5545b of title 5, United States Code, as added by this 
section, whose regular tours of duty average 60 hours or less 
per workweek and do not include a basic 40-hour workweek, 
shall, upon implementation of this section, be granted an 
increase in basic pay equal to 2 step-increases of the 
applicable General Schedule grade, and such increase shall not 
be an equivalent increase in pay. If such increase results in a 
change to a longer waiting period for the firefighter's next 
step increase, the firefighter shall be credited with an 
additional year of service for the purpose of such waiting 
period. If such increase results in a rate of basic pay which 
is above the maximum rate of the applicable grade, such 
resulting pay rate shall be treated as a retained rate of basic 
pay in accordance with section 5363 of title 5, United States 
Code.
    (g) No Reduction in Regular Pay.--Under regulations 
prescribed by the Office of Personnel Management, the regular 
pay (over the established work scheduling cycle) of a 
firefighter subject to section 5545b of title 5, United States 
Code, as added by this section, shall not be reduced as a 
result of the implementation of this section.
    Sec. 629. (1) Not later than 180 days after the date of 
enactment of this Act, the Director of the Office of National 
Drug Control Policy, the Secretary of the Treasury, and the 
Attorney General shall conduct a joint review of Federal 
efforts and submit to the appropriate congressional committees, 
including the Committees on Appropriations, a plan to improve 
coordination among the Federal agencies with responsibility to 
protect the borders against drug trafficking. The review shall 
also include consideration of Federal agencies' coordination 
with State and local law enforcement agencies. The plan shall 
include an assessment and action plan, including the activities 
of the following departments and agencies:
            (A) Department of the Treasury;
            (B) Department of Justice;
            (C) United States Coast Guard;
            (D) Department of Defense;
            (E) Department of Transportation;
            (F) Department of State; and
            (G) Department of Interior.
    (2) The purpose of the plan under paragraph (1) is to 
maximize the effectiveness of the border control efforts in 
achieving the objectives of the national drug control strategy 
in a manner that is also consistent with the goal of 
facilitating trade. In order to maximize the effectiveness, the 
plan shall:
            (A) specify the methods used to enhance 
        cooperation, planning and accountability among the 
        Federal, State, and local agencies with 
        responsibilities along the Southwest border;
            (B) specify mechanisms to ensure cooperation among 
        the agencies, including State and local agencies, with 
        responsibilities along the Southwest border;
            (C) identify new technologies that will be used in 
        protecting the borders including conclusions regarding 
        appropriate deployment of technology;
            (D) identify new initiatives for infrastructure 
        improvements;
            (E) recommend reinforcements in terms of resources, 
        technology and personnel necessary to ensure capacity 
        to maintain appropriate inspections;
            (F) integrate findings of the White House 
        Intelligence Architecture Review into the plan; and
            (G) make recommendations for strengthening the 
        HIDTA program along the Southwest border.
    Sec. 630. (a) Flexiplace Work Telecommuting Programs.--For 
fiscal year 1999 and each fiscal year thereafter, of the funds 
made available to each Executive agency for salaries and 
expenses, at a minimum $50,000 shall be available only for the 
necessary expenses of the Executive agency to carry out a 
flexiplace work telecommuting program.
    (b) Definitions.--For purposes of this section:
            (1) Executive agency.--The term ``Executive 
        agency'' means the following list of departments and 
        agencies: Department of State, Treasury, Defense, 
        Justice, Interior, Labor, Health and Human Services, 
        Agriculture, Commerce, Housing and Urban Development, 
        Transportation, Energy, Education, Veterans' Affairs, 
        General Services Administration, Office of Personnel 
        Management, Small Business Administration, Social 
        Security Administration, Environmental Protection 
        Agency, U.S. Postal Service.
            (2) Flexiplace work telecommuting program.--The 
        term ``flexiplace work telecommuting program'' means a 
        program under which employees of an Executive agency 
        are permitted to perform all or a portion of their 
        duties at a flexiplace work telecommuting center 
        established under section 210(l) of the Federal 
        Property and Administrative Services Act of 1949 (40 
        U.S.C. 490(l)) or other Federal law.
    Sec. 631. (a) Meritorious Executive.--Section 4507(e)(1) of 
title 5, United States Code, is amended by striking ``$10,000'' 
and inserting ``an amount equal to 20 percent of annual basic 
pay''.
    (b) Distinguished Executive.--Section 4507(e)(2) of title 
5, United States Code, is amended by striking ``$20,000'' and 
inserting ``an amount equal to 35 percent of annual basic 
pay''.
    (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 1998, or the date of enactment 
of this Act, whichever is later.
    Sec. 632. (a) Career SES Performance Awards.--Section 
5384(b)(3) of title 5, United States Code, is amended--
            (1) by striking ``3 percent'' and inserting ``10 
        percent''; and
            (2) by striking ``15 percent'' and inserting ``20 
        percent''.
    (b) Effective Date.--The amendments made by this section 
shall take effect on October 1, 1998, or the date of enactment 
of this Act, whichever is later.
    Sec. 633. (a) International Postal Arrangements.--Section 
407 of title 39, United States Code, is amended to read as 
follows:

``Sec.  407. International Postal Arrangements.

    ``(a)(1) The Secretary of State shall have primary 
responsibility for formulation, coordination and oversight of 
policy with respect to United States participation in the 
Universal Postal Union, including the Universal Postal 
Convention and other Acts of the Universal Postal Union, 
amendments thereto, and all postal treaties and conventions 
concluded within the framework of the Convention and such Acts.
    ``(2) Subject to subsection (d), the Secretary may, with 
the consent of the President, negotiate and conclude treaties, 
conventions and amendments referred to in paragraph (1).
    ``(b)(1) Subject to subsections (a), (c), and (d), the 
Postal Service may, with the consent of the President, 
negotiate and conclude postal treaties and conventions.
    ``(2) The Postal Service may, with the consent of the 
President, establish rates of postage or other charges on mail 
matter conveyed between the United States and other countries.
    ``(3) The Postal Service shall transmit a copy of each 
postal treaty or convention concluded with other governments 
under the authority of this subsection to the Secretary of 
State, who shall furnish a copy to the Public Printer for 
publication.
    ``(c) The Postal Service shall not conclude any treaty or 
convention under the authority of this section or any other 
arrangement related to the delivery of international postal 
services that is inconsistent with any policy developed 
pursuant to subsection (a).
    ``(d) In carrying out their responsibilities under this 
section, the Secretary and the Postal Service shall consultwith 
such federal agencies as the Secretary or the Postal Service considers 
appropriate, private providers of international postal services, users 
of international postal services, the general public, and such other 
persons as the Secretary or the Postal Service considers 
appropriate.''.
    (b) Sense of Congress.--It is the sense of Congress that 
any treaty, convention or amendment entered into under the 
authority of section 407 of title 39 of the United States Code, 
as amended by this section, should not grant any undue or 
unreasonable preference to the Postal Service, a private 
provider of postal services, or any other person.
    (c) Trade-In-Service Programs.--The second sentence of 
paragraph (5) of section 306(a) of the Trade and Tariff Act of 
1984 (19 U.S.C. 2114b(5)) is amended by inserting ``postal and 
delivery services,'' after ``transportation.''
    (d) Transfer of Funds.--In fiscal year 1999 and each fiscal 
year hereafter, the Postal Service shall allocate to the 
Department of State from any funds available to the Postal 
Service such sums as may be reasonable, documented and 
auditable for the Department of State to carry out the 
activities of Section 407 of title 39 of the United States 
Code.
    Sec. 634. Notwithstanding any provision of law, the 
President, or his designee, must certify to Congress, annually, 
that no person or persons with direct or indirect 
responsibility for administering the Executive Office of the 
President's Drug-Free Workplace Plan are themselves subject to 
a program of individual random drug testing.
    Sec. 635. (a) None of the funds made available in this or 
any other Act may be obligated or expended for any employee 
training that--
            (1) does not meet identified needs for knowledge, 
        skills, and abilities bearing directly upon the 
        performance of official duties;
            (2) contains elements likely to induce high levels 
        of emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of 
        the content and methods to be used in the training and 
        written end of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new 
        age'' belief systems as defined in Equal Employment 
        Opportunity Commission Notice N-915.022, dated 
        September 2, 1988; or
            (5) is offensive to, or designed to change, 
        participants' personal values or lifestyle outside the 
        workplace.
    (b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training bearing 
directly upon the performance of official duties.
    Sec. 636. No funds appropriated in this or any other Act 
for fiscal year 1999 may be used to implement or enforce the 
agreements in Standard Forms 312 and 4355 of the Government or 
any other nondisclosure policy, form, or agreement if such 
policy, form, or agreement does not contain the following 
provisions: ``These restrictions are consistent with and do not 
supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order 
No. 12958; section 7211 of title 5, United States Code 
(governing disclosures to Congress); section 1034 of title 10, 
United States Code, as amended by the Military Whistleblower 
Protection Act (governing disclosure to Congress by members of 
the military); section 2302(b)(8) of title 5, United States 
Code, as amended by the Whistleblower Protection Act (governing 
disclosures of illegality, waste, fraud, abuse or public health 
or safety threats); the Intelligence Identities Protection Act 
of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that 
could expose confidential Governmentagents); and the statutes 
which protect against disclosure that may compromise the national 
security, including sections 641, 793, 794, 798, and 952 of title 18, 
United States Code, and section 4(b) of the Subversive Activities Act 
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, 
rights, sanctions, and liabilities created by said Executive order and 
listed statutes are incorporated into this agreement and are 
controlling.'': Provided, That notwithstanding the preceding paragraph, 
a nondisclosure policy form or agreement that is to be executed by a 
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United 
States Government, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose any 
classified information received in the course of such activity unless 
specifically authorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress or to an authorized official of an executive 
agency or the Department of Justice that are essential to reporting a 
substantial violation of law.
    Sec. 637. No part of any funds appropriated in this or any 
other Act shall be used by an agency of the executive branch, 
other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, and for 
the preparation, distribution or use of any kit, pamphlet, 
booklet, publication, radio, television or film presentation 
designed to support or defeat legislation pending before the 
Congress, except in presentation to the Congress itself.
    Sec. 638. (a) In General.--For calendar year 2000, the 
Director of the Office of Management and Budget shall prepare 
and submit to Congress, with the budget submitted under section 
1105 of title 31, United States Code, an accounting statement 
and associated report containing--
            (1) an estimate of the total annual costs and 
        benefits (including quantifiable and nonquantifiable 
        effects) of Federal rules and paperwork, to the extent 
        feasible--
                    (A) in the aggregate;
                    (B) by agency and agency program; and
                    (C) by major rule;
            (2) an analysis of impacts of Federal regulation on 
        State, local, and tribal government, small business, 
        wages, and economic growth; and
            (3) recommendations for reform.
    (b) Notice.--The Director of the Office of Management and 
Budget shall provide public notice and an opportunity to 
comment on the statement and report under subsection (a) before 
the statement and report are submitted to Congress.
    (c) Guidelines.--To implement this section, the Director of 
the Office of Management and Budget shall issue guidelines to 
agencies to standardize--
            (1) measures of costs and benefits; and
            (2) the format of accounting statements.
    (d) Peer Review.--The Director of the Office of Management 
and Budget shall provide for independent and external peer 
review of the guidelines and each accounting statement and 
associated report under this section. Such peer review shall 
not be subject to the Federal Advisory Committee Act (5 U.S.C. 
App.).
    Sec. 639. None of the funds appropriated by this Act or any 
other Act, may be used by an agency to provide a Federal 
employee's home address to any labor organization except when 
it is made known to the Federal official having authority to 
obligate or expend such funds that the employee has authorized 
such disclosure or that such disclosure has been ordered by a 
court of competent jurisdiction.
    Sec. 640. The Secretary of the Treasury is authorized to 
establish scientific certification standards for explosives 
detection canines, and shall provide, on a reimbursable basis, 
for the certification of explosives detection canines employed 
by Federal agencies, or other agencies providing explosives 
detection services at airports in the United States.
    Sec. 641. None of the funds made available in this Act or 
any other Act may be used to provide any non-public information 
such as mailing or telephone lists to any person or any 
organization outside of the Federal Government without the 
approval of the Committees on Appropriations.
    Sec. 642. No part of any appropriation contained in this or 
any other Act shall be used for publicity or propaganda 
purposes within the United States not heretofore authorized by 
the Congress.
    Sec. 643. The Director of the United States Marshals 
Service is directed to conduct a quarterly threat assessment on 
the Director of the Office of National Drug Control Policy.
    Sec. 644. Section 636(c) of Public Law 104-208 is amended 
as follows:
            (1) In subparagraph (1) by inserting after ``United 
        States Code'' the following: ``any agency or court in 
        the Judicial Branch,'';
            (2) In subparagraph (2) by amending ``prosecution, 
        or detention'' to read: ``prosecution, detention, or 
        supervision''; and
            (3) In subparagraph (3) by inserting after ``title 
        5,'' the following: ``and, with regard to the Judicial 
        Branch, mean a justice or judge of the United States as 
        defined in 28 U.S.C. 451 in regular active service or 
        retired from regular active service, other judicial 
        officers as authorized by the Judicial Conference of 
        the United States, and supervisors and managers within 
        the Judicial Branch as authorized by the Judicial 
        Conference of the United States,''.
    Sec. 645. (a) In this section the term ``agency''--
            (1) means an Executive agency as defined under 
        section 105 of title 5, United States Code;
            (2) includes a military department as defined under 
        section 102 of such title, the Postal Service, and the 
        Postal Rate Commission; and
            (3) shall not include the General Accounting 
        Office.
    (b) Unless authorized in accordance with law or regulations 
to use such time for other purposes, an employee of an agency 
shall use official time in an honest effort to perform official 
duties. An employee not under a leave system, including a 
Presidential appointee exempted under section 6301(2) of title 
5, United States Code, has an obligation to expend an honest 
effort and a reasonable proportion of such employee's time in 
the performance of official duties.
    Sec. 646. Notwithstanding any other provision of law, the 
Secretary of the Treasury is authorized to, upon submission of 
proper documentation (as determined by the Secretary), 
reimburse importers of large capacity military magazine rifles 
as defined in the Treasury Department's April 6, 1998 ``Study 
on the Sporting Suitability of Modified Semiautomatic Assault 
Rifles'', for which authority had been granted to import such 
firearms into the United States on or before November 14, 1997, 
and released under bond to the importer by the U.S. Customs 
Service on or before February 10, 1998: Provided, That the 
importer abandons title to the firearms to the United States: 
Provided further, That reimbursements are submitted to the 
Secretary for his approval within 120 days of enactment of this 
provision. In no event shall reimbursements under this 
provision exceed the importers cost for the weapons, plus any 
shipping, transportation, duty, and storage costs related to 
the importation of such weapons.Money made available for 
expenditure under 31 U.S.C. section 1304(a) in an amount not to exceed 
$1,000,000 shall be available for reimbursements under this provision: 
Provided, That accepting the compensation provided under this provision 
is final and conclusive and constitutes a complete release of any and 
all claims, demands, rights, and causes of action whatsoever against 
the United States, its agencies, officers, or employees arising from 
the denial by the Department of the Treasury of the entry of such 
firearms into the United States. Such compensation is not otherwise 
required by law and is not intended to create or recognize any legally 
enforceable right to any person.
    Sec. 647. (a) The adjustment in rates of basic pay for the 
statutory pay systems that takes effect in fiscal year 1999 
under sections 5303 and 5304 of title 5, United States Code, 
shall be an increase of 3.6 percent.
    (b) Funds used to carry out this section shall be paid from 
appropriations which are made to each applicable department or 
agency for salaries and expenses for fiscal year 1999.


                international mail reporting requirement


    Sec. 648. (a) In General.--Chapter 36 of title 39, United 
States Code, is amended by adding after section 3662 the 
following:

``Sec. 3663. Annual report on international services

    ``(a) Not later than July 1 of each year, the Postal Rate 
Commission shall transmit to each House of Congress a 
comprehensive report of the costs, revenues, and volumes 
accrued by the Postal Service in connection with mail matter 
conveyed between the United States and other countries for the 
previous fiscal year.
    ``(b) Not later than March 15 of each year, the Postal 
Service shall provide to the Postal Rate Commission such data 
as the Commission may require to prepare the report required 
under subsection (a) of this section. Data shall be provided in 
sufficient detail to enable the Commission to analyze the 
costs, revenues, and volumes for each international mail 
product or service, under the methods determined appropriate by 
the Commission for the analysis of rates for domestic mail.''.
    (b) Technical and Conforming Amendment.--The table of 
sections for chapter 63 of title 39, United States Code, is 
amended by adding after the item relating to section 3662 the 
following:

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

    Sec. 649. Extension of Sunset Provision. Section 2(f)(2) of 
the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is 
amended by striking ``(2)'' and all that follows through ``10 
years'' and inserting the following:
            ``(2) Sunset.--Effective 15 years''.


                     importation of certain grains


    Sec. 650. (a) Findings.--The Congress finds that--
            (1) importation of grains into the United States at 
        less than the cost to produce those grains is causing 
        injury to the United States producers of those grains;
            (2) importation of grains into the United States at 
        less than the fair value of those grains is causing 
        injury to the United States producers of those grains;
            (3) the Canadian Government and the Canadian Wheat 
        Board have refused to disclose pricing and cost 
        information necessary to determine whether grains are 
        being exported to the United States at prices in 
        violation of United States trade laws or agreements.
    (b) Requirements.--
            (1) The Customs Service, consulting with the United 
        States Trade Representative and the Department of 
        Commerce, shall conduct a study of the efficiency and 
        effectiveness of requiring that all spring wheat, durum 
        or barley imported into the United States be imported 
        into the United States through a single port of entry.
            (2) The Customs Service shall report to the 
        Committees on Appropriations and the Senate Committee 
        on Finance and the House Committee on Ways and Means 
        not later than ninety days after the effective date of 
        this Act on the results of the study required by 
        paragraph (1).


         designation of eugene j. mccarthy post office building


    Sec. 651. (a) In General.--The building of the United 
States Postal Service located at 180 East Kellogg Boulevard in 
Saint Paul, Minnesota, shall be known and designated as the 
``Eugene J. McCarthy Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Eugene J. McCarthy Post Office Building''.
    Sec. 652. The Administrator of General Services may 
provide, from government-wide credit card rebates, up to 
$3,000,000 in support of the Joint Financial Management 
Improvement Program as approved by the Chief Financial 
Officer's Council.
    Sec. 653. Section 6302(g) of title 5, United States Code, 
is amended by inserting after ``chapter 35'' the following: 
``or section 3595''.


       assessment of federal regulations and policies on families


    Sec. 654. (a) Purposes.--The purposes of this section are 
to--
            (1) require agencies to assess the impact of 
        proposed agency actions on family well-being; and
            (2) improve the management of executive branch 
        agencies.
    (b) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given the 
        term ``Executive agency'' by section 105 of title 5, 
        United States Code, except such term does not include 
        the General Accounting Office; and
            (2) the term ``family'' means--
                    (A) a group of individuals related by 
                blood, marriage, adoption, or other legal 
                custody who live together as a single 
                household; and
                    (B) any individual who is not a member of 
                such group, but who is related by blood, 
                marriage, or adoption to a member of such 
                group, and over half of whose support in a 
                calendar year is received from such group.
    (c) Family Policymaking Assessment.--Before implementing 
policies and regulations that may affect family well-being, 
each agency shall assess such actions with respect to whether--
            (1) the action strengthens or erodes the stability 
        or safety of the family and, particularly, the marital 
        commitment;
            (2) the action strengthens or erodes the authority 
        and rights of parents in the education, nurture, and 
        supervision of their children;
            (3) the action helps the family perform its 
        functions, or substitutes governmental activity for the 
        function;
            (4) the action increases or decreases disposable 
        income or poverty of families and children;
            (5) the proposed benefits of the action justify the 
        financial impact on the family;
            (6) the action may be carried out by State or local 
        government or by the family; and
            (7) the action establishes an implicit or explicit 
        policy concerning the relationship between the behavior 
        and personal responsibility of youth, and the norms of 
        society.
    (d) Governmentwide Family Policy Coordination and Review.--
            (1) Certification and rationale.--With respect to 
        each proposed policy or regulation that may affect 
        family well-being, the head of each agency shall--
                    (A) submit a written certification to the 
                Director of the Office of Management and Budget 
                and to Congress that such policy or regulation 
                has been assessed in accordance with this 
                section; and
                    (B) provide an adequate rationale for 
                implementation of each policy or regulation 
                that may negatively affect family well-being.
            (2) Office of management and budget.--The Director 
        of the Office of Management and Budget shall--
                    (A) ensure that policies and regulations 
                proposed by agencies are implemented consistent 
                with this section; and
                    (B) compile, index, and submit annually to 
                the Congress the written certifications 
                received pursuant to paragraph (1)(A).
            (3) Office of policy development.--The Office of 
        Policy Development shall--
                    (A) assess proposed policies and 
                regulations in accordance with this section;
                    (B) provide evaluations of policies and 
                regulations that may affect family well-being 
                to the Director of the Office of Management and 
                Budget; and
                    (C) advise the President on policy and 
                regulatory actions that may be taken to 
                strengthen the institutions of marriage and 
                family in the United States.
    (e) Assessments Upon Request by Members of Congress.--Upon 
request by a Member of Congress relating to a proposed policy 
or regulation, an agency shall conduct an assessment in 
accordance with subsection (c), and shall provide a 
certification and rationale in accordance with subsection (d).
    (f) Judicial Review.--This section is not intended to 
create any right or benefit, substantive or procedural, 
enforceable at law by a party against the United States, its 
agencies, its officers, or any person.
    Sec. 655. None of the funds appropriated pursuant to this 
Act or any other provision of law may be used for any system to 
implement section 922(t) of title 18, United States Code, 
unless the system allows, in connection with a person's 
delivery of a firearm to a Federal firearms licensee as 
collateral for a loan, the background check to be performed at 
the time the collateral is offered for delivery to such 
licensee: Provided, That the licensee notifies local law 
enforcement within 48 hours of the licensee receiving a denial 
on the person offering the collateral: Provided further, That 
the provisions of section 922(t) shall apply at the time of the 
redemption of the firearm.
      Sec. 656. (a) None of the funds appropriated by this Act 
may be used to enter into or renew a contract which includes a 
provision providing prescription drug coverage, except where 
the contract also includes a provision for contraceptive 
coverage.
      (b) Nothing in this section shall apply to a contract 
with--
            (1) any of the following religious plans:
                    (a) SelectCare;
                    (b) Personal CaresHMO;
                    (c) Care Choices;
                    (d) OSF Health Plans, Inc.;
                    (e) Yellowstone Community Health Plan; and
            (2) any existing or future plan, if the plan 
        objects to such coverage on the basis of religious 
        beliefs.
      (c) In implementing this section, any plan that enters 
into or renews a contract under this section may not subject 
any individual to discrimination on the basis that the 
individual refuses to prescribe contraceptives because such 
activities would be contrary to the individual's religious 
beliefs or moral convictions.
      (d) Nothing in this section shall be construed to require 
coverage of abortion or abortion-related services.

            TITLE VIII--TECHNICAL AND CLARIFYING AMENDMENTS

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

    (a) Permitting Other Federal Entities To Administer 
Program.--Section 11003 of the Balanced Budget Act of 1997 (DC 
Code, sec. 1-761.2) is amended--
            (1) in paragraph (1), by inserting ``, and includes 
        any agreement with a department, agency, or 
        instrumentality of the United States entered into under 
        that section'' after ``the Trustee''; and
            (2) in paragraph (10), by striking ``, partnership, 
        joint venture, corporation, mutual company, joint-stock 
        company, trust, estate, unincorporated organization, 
        association, or employee organization'' and inserting 
        ``; partnership; joint venture; corporation; mutual 
        company; joint-stock company; trust; estate; 
        unincorporated organization; association; employee 
        organization; or department, agency, or instrumentality 
        of the United States'' .
    (b) Permitting Waiver of Recovery of Amounts Paid in 
Error.--Section 11021(3) of such Act (DC Code, sec. 1-763.1(3)) 
is amended by inserting ``, or waive recoupment or recovery 
of,'' after ``recover''.
    (c) Permitting Use of Trust Fund To Cover Administrative 
Expenses.--Section 11032 of such Act (DC Code, sec. 1-764.2) is 
amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--Amounts in the Trust Fund shall be 
used--
            ``(1) to make Federal benefit payments under this 
        subtitle;
            ``(2) subject to subsection (b)(1), to cover the 
        reasonable and necessary expenses of administering the 
        Trust Fund under the contract entered into pursuant to 
        section 11035(b);
            ``(3) to cover the reasonable and necessary 
        administrative expenses incurred by the Secretary in 
        carrying out the Secretary's responsibilities under 
        this subtitle; and
            ``(4) for such other purposes as are specified in 
        this subtitle.''; and
            (2) in subsection (b)(2), by inserting ``(including 
        expenses described in section 11041(b))'' after ``to 
        administer the Trust Fund''.
    (d) Promoting Flexibility in Administration of Program.--
Section 11035 of such Act (DC Code, sec. 1-764.5) is amended--
            (1) by redesignating subsection (c) as subsection 
        (e); and
            (2) by inserting after subsection (b) the following 
        new subsections:
    ``(c) Subcontracts.--Notwithstanding any provision of a 
District Retirement Program or any other law, rule, or 
regulation, the Trustee may, with the approval of the 
Secretary, enter into one or more subcontracts with the 
District Government or any person to provide services to the 
Trustee in connection with its performance of the contract. The 
Trustee shall monitor the performance of any such subcontract 
and enforce its provisions.
    ``(d) Determination by the Secretary.--Notwithstanding 
subsection (b) or any other provision of this subtitle, the 
Secretary may determine, with respect to any function otherwise 
to be performed by the Trustee, that in the interest of economy 
and efficiency such function shall be performed by the 
Secretary rather than the Trustee.''.
    (e) Process for Reimbursement of District Government for 
Expenses of Interim Administration.--Section 11041 of such Act 
(DC Code, sec. 1-765.1) is amended--
            (1) in subsection (b), by striking ``The Trustee 
        shall'' and inserting ``The Secretary or the Trustee 
        shall, at such times during or after the period of 
        interim administration described in subsection (a) as 
        are deemed appropriate by the Secretary or the 
        Trustee'';
            (2) in subsection (b)(1), by inserting ``the 
        Secretary or'' after ``if''; and
            (3) in subsection (c), by striking ``the 
        replacement plan adoption date'' and inserting ``such 
        time as the Secretary notifies the District Government 
        that the Secretary has directed the Trustee to carry 
        out the duties and responsibilities required under the 
        contract''.
    (f) Annual Federal Payment Into Federal Supplemental 
Fund.--Section 11053 of such Act (DC Code, sec. 1-766.3) is 
amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Annual Amortization Amount.--At the end of each 
applicable fiscal year the Secretary shall promptly pay into 
the Federal Supplemental Fund from the General Fund of the 
Treasury an amount equal to the annual amortization amount for 
the year (which may not be less than zero).'';
            (2) in subsection (b), by striking ``freeze date'' 
        and inserting ``effective date of this Act'';
            (3) by redesignating subsections (b) and (c) as 
        subsections (c) and (d); and
            (4) by inserting after subsection (a) the following 
        new subsection:
    ``(b) Administrative Expenses.--During each applicable 
fiscal year, the Secretary shall pay into the Federal 
Supplemental Fund from the General Fund of the Treasury amounts 
not to exceed the covered administrative expenses for the 
year.''.
    (g) Technical Corrections.--(1) Section 11012(c) of such 
Act (DC Code, sec. 1-752.2(c)) is amended by striking 
``District of Columbia Retirement Board'' and inserting 
``District Government''.
    (2) Section 11033(c)(1) of such Act (DC Code, sec. 1-
764.3(c)(1)) is amended by striking ``consisting'' in the first 
place that it appears.
    (3) Section 11052 of such Act (DC Code, sec. 1-766.2) is 
amended by inserting ``to'' after ``may be made only''.

SEC. 802. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA EMPLOYEES 
                    TRANSFERRED TO FEDERAL RETIREMENT SYSTEMS.

    (a) Eligibility of Nonjudicial Employees of District of 
Columbia Courts for Medicare and Social Security Benefits.--
Section 11246(b) of the Balanced Budget Act of 1997 (Public Law 
105-33; 111 Stat. 755) is amended--
            (1) by redesignating paragraphs (2) and (3) as 
        paragraphs (3) and (4); and
            (2) by inserting after paragraph (1) the following 
        new paragraph:
            ``(2) Conforming Amendments to Internal Revenue 
        Code and Social Security.--(A) Section 3121(b)(7)(C) of 
        the Internal Revenue Code of 1986 (relating to the 
        definition of employment for service performed in the 
        employ of the District of Columbia) is amended by 
        inserting `(other than the Federal Employees Retirement 
        System provided in chapter 84 of title 5, United States 
        Code)' after `law of the United States'.
            ``(B) Section 210(a)(7)(D) of the Social Security 
        Act (42 U.S.C. 410(a)(7)(D)) (relating to the 
        definition of employment for service performed in the 
        employ of the District of Columbia), is amended by 
        inserting `(other than the Federal Employees Retirement 
        System provided in chapter 84 of title 5, United States 
        Code)' after `law of the United States'.''.
    (b) Vesting Under Previous District of Columbia Retirement 
Program.--For purposes of vesting pursuant to section 2610(b) 
of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (DC Code, sec. 1-627.10(b)), creditable 
service with the District for employees whose participation in 
the District Defined Contribution Plan ceases as a result of 
the implementation of the Balanced Budget Act of 1997 shall 
include--
            (1) continuous service performed by nonjudicial 
        employees of the District of Columbia courts after 
        September 30, 1997; and
            (2) service performed for a successor employer, 
        including the Department of Justice or the District of 
        Columbia Offender Supervision, Defender, and Courts 
        Services Agency established under section 11233 of the 
        Balanced Budget Act of 1997, that provides services 
        previously performed by the District government.

SEC. 803. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT FUND.

    Section 11033 of the Balanced Budget Act of 1997 (DC Code, 
sec. 1-764.3) is amended by adding at the end the following new 
subsection:
    ``(e) Methodology for Designating Assets.--
            ``(1) In general.--In carrying out subsection (b), 
        the Secretary may develop and implement a methodology 
        for designating assets after the replacement plan 
        adoption date that takes into account the value of the 
        District Retirement Fund as of the replacement plan 
        adoption date and the proportion of such value 
        represented by $1.275 billion, together with the income 
        (including returns on investments) earned on the assets 
        of and withdrawals from and deposits to the Fund during 
        the period between such date and the date on which the 
        Secretary designates assets under subsection (b). In 
        implementing a methodology under the previous sentence, 
        the Secretary shall not be required to determine the 
        value of designated assets as of the replacement plan 
        adoption date. Nothing in this paragraph may be deemed 
        to effect the entitlement of the District Retirement 
        Fund to income (including returns on investments) 
        earned after the replacement plan adoption date on 
        assets designated for retention by the Fund.
            ``(2) Employee contributions; judicial retirement 
        and survivors annuity fund.--The Secretary may develop 
        and implement a methodology comparable to the 
        methodology described in paragraph (1) in carrying out 
        the requirements of subsection (c) and in designating 
        assets to be transferred to the District of Columbia 
        Judicial Retirement and Survivors Annuity Fund pursuant 
        to section 124(c)(1) of the District of Columbia 
        Retirement Reform Act (as amended by section 11252).
            ``(3) Discretion of the secretary.--The Secretary's 
        development and implementation of methodologies for 
        designating assets under this subsection shall be final 
        and binding.''.

SEC. 804. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO JUDICIAL 
                    RETIREMENT PROGRAM.

    (a) Administration of Judicial Retirement and Survivors 
Annuity Fund.--Section 11-1570, District of Columbia Code, as 
amended by section 11251 of the Balanced Budget Act of 1997, is 
amended as follows:
            (1) In subsection (b)(1)--
                    (A) by striking ``title I of the National 
                Capital Revitalization and Self-Government 
                Improvement Act of 1997'' and inserting 
                ``subtitle A of title XI of the Balanced Budget 
                Act of 1997''; and
                    (B) by inserting after the second sentence 
                the following new sentences: ``Notwithstanding 
                any other provision of District law or any 
                other law, rule, or regulation, any Trustee, 
                contractor, or enrolled actuary selected by the 
                Secretary under this subsection may, with the 
                approval of the Secretary, enter into one or 
                more subcontracts with the District of Columbia 
                government or any person to provide services to 
                such Trustee, contractor, or enrolled actuary 
                in connection with its performance of its 
                agreement with the Secretary. Such Trustee, 
                contractor, or enrolled actuary shall monitor 
                the performance of any subcontract to which it 
                is a party and enforce its provisions.''.
            (2) In subsection (b)(2)--
                    (A) by striking ``chief judges of the 
                District of Columbia Court of Appeals and 
                Superior Court of the District of Columbia'' 
                and inserting ``Secretary'';
                    (B) by striking ``and the Secretary'';
                    (C) by striking ``and appropriations''; and
                    (D) by striking ``and deficiency''.
            (3) By amending subsection (c) to read as follows:
    ``(c)(1) Amounts in the Fund are available--
            ``(A) for the payment of judges retirement pay, 
        annuities, refunds, and allowances under this 
        subchapter;
            ``(B) to cover the reasonable and necessary 
        expenses of administering the Fund under any agreement 
        entered into with a Trustee, contractor, or enrolled 
        actuary under subsection (b)(1), including any 
        agreement with a department, agency or instrumentality 
        of the United States; and
            ``(C) to cover the reasonable and necessary 
        administrative expenses incurred by the Secretary in 
        carrying out the Secretary's responsibilities under 
        this subchapter.
    ``(2) Notwithstanding any other provision of District law 
or any other law, rule, or regulation--
            ``(A) the Secretary may review benefit 
        determinations under this subchapter made prior to the 
        date of the enactment of the Balanced Budget Act of 
        1997, and shall make initial benefit determinations 
        after such date; and
            ``(B) the Secretary may recoup or recover, or waive 
        recoupment or recovery of, any amounts paid under this 
        subchapter as a result of errors or omissions by any 
        person.''.
            (4) In subsection (d)(1)--
                    (A) by striking ``Subject to the 
                availability of appropriations, there shall be 
                deposited into the Fund'' and inserting ``The 
                Secretary shall pay into the Fund from the 
                General Fund of the Treasury''; and
                    (B) by striking ``(beginning with the first 
                fiscal year which ends more than 6 months after 
                the replacement plan adoption date described in 
                section 103(13) of the National Capital 
                Revitalization and Self-Government Improvement 
                Act of 1997)''.
            (5) In subsection (d)(2)(A)--
                    (A) by striking ``June 30, 1997'' and 
                inserting ``September 30, 1997''; and
                    (B) by striking ``net the sum of future 
                normal cost'' and inserting ``net of the sum of 
                the present value of future normal costs''.
            (6) In subsection (d)(3), by striking ``shall be 
        taken from sums available for that fiscal year for the 
        payment of the expenses of the Court, and''.
            (7) By adding at the end the following new 
        subsections:
    ``(h) For purposes of the Internal Revenue Code of 1986--
            ``(1) the Fund shall be treated as a trust 
        described in section 401(a) of the Code that is exempt 
        from taxation under section 501(a) of the Code;
            ``(2) any transfer to or distribution from the Fund 
        shall be treated in the same manner as a transfer to or 
        distribution from a trust described in section 401(a) 
        of the Code; and
            ``(3) the benefits provided by the Fund shall be 
        treated as benefits provided under a governmental plan 
        maintained by the District of Columbia.
    ``(i) For purposes of the Employee Retirement Income 
Security Act of 1974, the benefits provided by the Fund shall 
be treated as benefits provided under a governmental plan 
maintained by the District of Columbia.
    ``(j) To the extent that any provision of subpart A of part 
I of subchapter D of the chapter 1 of the Internal Revenue Code 
of 1986 (26 U.S.C. 401 et seq.) is amended after the date of 
the enactment of this subsection, such provision as amended 
shall apply to the Fund only to the extent the Secretary 
determines that application of the provision as amended is 
consistent with the administration of this subchapter.
    ``(k) Federal obligations for benefits under this 
subchapter are backed by the full faith and credit of the 
United States.''.
    (b) Regulatory Authority of Secretary.--Section 11251 of 
the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 
756) is amended--
            (1) by redesignating subsection (b) as subsection 
        (c);
            (2) by inserting after subsection (a) the following 
        new subsection:
    ``(b) Regulations; Effect on Reform Act.--Title 11, 
District of Columbia Code, is amended by adding the following 
new section:

`Sec. 11-1572. Regulations; effect on Reform Act.

    `(a) The Secretary is authorized to issue regulations to 
implement, interpret, administer and carry out the purposes of 
this subchapter, and, in the Secretary's discretion, those 
regulations may have retroactive effect, except that nothing in 
this subsection may be construed to permit the Secretary to 
issue any regulation to retroactively reduce or eliminate the 
benefits to which any individual is entitled under this 
subchapter.
    `(b) This subchapter supersedes any provision of the 
District of Columbia Retirement Reform Act (Public Law 96-122) 
inconsistent with this subchapter and the regulations 
thereunder.'.''; and
            (3) by amending subsection (c) (as so redesignated) 
        to read as follows:
    ``(c) Clerical Amendments.--
            ``(1) The table of sections for subchapter III of 
        chapter 15 of title 11, District of Columbia Code, is 
        amended by amending the item relating to section 11-
        1570 to read as follows:

`11-1570. The District of Columbia Judicial Retirement and Survivors 
          Annuity Fund.'.

            ``(2) The table of sections for subchapter III of 
        chapter 15 of title 11, District of Columbia Code, is 
        amended by adding at the end the following new item:

`11-1572. Regulations; effect on Reform Act.'.''

    (c) Termination of Previous Fund and Program.--Section 124 
of the District of Columbia Retirement Reform Act (DC Code, 
sec. 1-714), as amended by section 11252(a) of the Balanced 
Budget Act of 1997, is amended--
            (1) in subsection (a), by inserting ``(except as 
        provided in section 11-1570, District of Columbia 
        Code)'' after ``the following'';
            (2) in subsection (c)(1), by striking ``title I of 
        the National Capital Revitalization and Self-Government 
        Improvement Act of 1997'' and inserting ``subtitle A of 
        title XI of the Balanced Budget Act of 1997''; and
            (3) in subsection (c)(2)--
                    (A) by striking ``(2) The'' and inserting 
                ``(2) In accordance with the direction of the 
                Secretary, the'';
                    (B) by striking ``in the Treasury'' and 
                inserting ``at the Board''; and
                    (C) by striking ``appropriated'' and 
                inserting ``used''.
    (d) Administration of Retirement Funds.--Section 11252 of 
the Balanced Budget Act of 1997 is amended--
            (1) by redesignating subsection (b) as subsection 
        (c);
            (2) by inserting after subsection (a) the following 
        new subsection:
    ``(b) Transition From District of Columbia 
Administration.--Sections 11023, 11032(b)(2), 11033(d), and 
11041 shall apply to the administration of the District of 
Columbia Judges Retirement Fund established under section 124 
of the District of Columbia Retirement Reform Act (DC Code, 
sec. 1-714), the District of Columbia Judicial Retirement and 
Survivors Annuity Fund established under section 11-1570, 
District of Columbia Code, and the retirement program for 
judges under subchapter III of chapter 15 of title 11, District 
of Columbia Code, except as follows:
            ``(1) In applying each such section--
                    ``(A) any reference to this subtitle shall 
                instead refer to subchapter III of chapter 15 
                of title 11, District of Columbia Code;
                    ``(B) any reference to the District 
                Retirement Program shall be deemed to include 
                the retirement program for judges under 
                subchapter III of chapter 15 of title 11, 
                District of Columbia Code;
                    ``(C) any reference to the District 
                Retirement Fund shall be deemed to include the 
                District of Columbia Judges Retirement Fund 
                established under section 124 of the District 
                of Columbia Retirement Reform Act;
                    ``(D) any reference to Federal benefit 
                payments shall be deemed to include judges 
                retirement pay, annuities, refunds and 
                allowances under subchapter III of chapter 15 
                of title 11, District of Columbia Code;
                    ``(E) any reference to the Trust Fund shall 
                instead refer to the District of Columbia 
                Judicial Retirement and Survivors Annuity Fund 
                established under section 11-1570, District of 
                Columbia Code;
                    ``(F) any reference to section 11033 shall 
                instead refer to section 124 of the District of 
                Columbia Retirement Reform Act, as amended by 
                section 11252; and
                    ``(G) any reference to chapter 2 shall 
                instead refer to section 11-1570, District of 
                Columbia Code.
            ``(2) In applying section 11023--
                    ``(A) any reference to the contract shall 
                instead refer to the agreement referred to in 
                section 11-1570(b), District of Columbia Code; 
                and
                    ``(B) any reference to the Trustee shall 
                instead refer to the Trustee or contractor 
                referred to in section 11-1570(b), District of 
                Columbia Code.
            ``(3) In applying section 11033(d)--
                    ``(A) any reference to this section shall 
                instead refer to section 124 of the District of 
                Columbia Retirement Reform Act, as amended by 
                section 11252; and
                    ``(B) any reference to the Trustee shall 
                instead refer to the Secretary or the Trustee 
                or contractor referred to in section 11-
                1570(b), District of Columbia Code.
            ``(4) In applying section 11041(b), any reference 
        to the Trustee shall instead refer to the Trustee or 
        contractor referred to in section 11-1570(b), District 
        of Columbia Code.''; and
            (3) by adding at the end the following new 
        subsection:
    ``(d) Effective Date.--The provisions of subsection (c) 
shall take effect on the date on which the assets of the 
District of Columbia Judges Retirement Fund are transferred to 
the District of Columbia Judicial Retirement and Survivors 
Annuity Fund.''.
    (e) Miscellaneous Technical and Clerical Amendments.--(1) 
Sections 11-1568(d) and 11-1569, District of Columbia Code, are 
each amended by striking ``Mayor'' each place it appears and 
inserting ``Secretary of the Treasury''.
    (2) Section 11-1568.2, District of Columbia Code, is 
amended by striking ``Mayor of the District of Columbia'' each 
place it appears and inserting ``Secretary of the Treasury''.
    (3) Section 121(b)(1)(A) of the District of Columbia 
Retirement Reform Act (DC Code, sec. 1-711(b)(1)(A)), as 
amended by section 11252(c)(1) of the Balanced Budget Act of 
1997 (as redesignated by subsection (d)(1)), is amended in the 
matter preceding clause (i), by striking ``11'' and inserting 
``12''.
    (4) Section 11-1561(4), District of Columbia Code, as 
amended by section 11253(b) of the Balanced Budget Act of 1997, 
is amended by striking ``sections'' and inserting ``section''.
    (5) Section 11253(c) of the Balanced Budget Act of 1997 
(Public Law 105-33; 111 Stat. 759) is amended to read as 
follows:
    ``(c) Treatment of Federal Service of Judges.--Section 11-
1564, District of Columbia Code, is amended--
            ``(1) in subsection (d)(2)(A), by striking `section 
        1-1814)' and inserting `section 1-714) or the District 
        of Columbia Judicial Retirement and Survivors Annuity 
        Fund (established by section 11-1570)'; and
            ``(2) in subsection (d)(4), by striking `Judges 
        Retirement Fund established by section 124(a) of the 
District of Columbia Retirement Reform Act' and inserting `Judicial 
Retirement and Survivors Annuity Fund under section 11-1570'.''.
    (6) Section 11253 of the Balanced Budget Act of 1997 
(Public Law 105-33; 111 Stat. 759) is amended by adding at the 
end the following new subsection:
    ``(d) Redeposits to Fund.--Section 11-1568.1(4)(A), 
District of Columbia Code, is amended by striking `Judges 
Retirement Fund' and inserting `Judicial Retirement and 
Survivors Annuity Fund'.''.
    (f) Effective Date.--The amendments made by subsections 
(a)(2), (a)(4), and (a)(6) shall take effect October 1, 1998.

SEC. 805. EFFECTIVE DATE.

    Except as otherwise specifically provided, this title and 
the amendments made by this title shall take effect as if 
included in the enactment of title XI of the Balanced Budget 
Act of 1997.

       TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998

    Sec. 901. Short Title. This title may be cited as the 
``Haitian Refugee Immigration Fairness Act of 1998''.


           adjustment of status of certain haitian nationals


    Sec. 902. (a) Adjustment of Status.--
            (1) In general.--The status of any alien described 
        in subsection (b) shall be adjusted by the Attorney 
        General to that of an alien lawfully admitted for 
        permanent residence, if the alien--
                    (A) applies for such adjustment before 
                April 1, 2000; and
                    (B) is otherwise admissible to the United 
                States for permanent residence, except that, in 
                determining such admissibility, the grounds for 
                inadmissibility specified in paragraphs (4), 
                (5), (6)(A), (7)(A), and (9)(B) of section 
                212(a) of the Immigration and Nationality Act 
                shall not apply.
            (2) Relationship of application to certain 
        orders.--An alien present in the United States who has 
        been ordered excluded, deported, removed, or ordered to 
        depart voluntarily from the United States under any 
        provision of the Immigration and Nationality Act may, 
        notwithstanding such order, apply for adjustment of 
        status under paragraph (1). Such an alien may not be 
        required, as a condition on submitting or granting such 
        application, to file a separate motion to reopen, 
        reconsider, or vacate such order. If the Attorney 
        General grants the application, the Attorney General 
        shall cancel the order. If the Attorney General makes a 
        final decision to deny the application, the order shall 
        be effective and enforceable to the same extent as if 
        the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien who is a 
national of Haiti who--
            (1) was present in the United States on December 
        31, 1995, who--
                    (A) filed for asylum before December 31, 
                1995,
                    (B) was paroled into the United States 
                prior to December 31, 1995, after having been 
                identified as having a credible fear of 
                persecution, or paroled for emergent reasons or 
                reasons deemed strictly in the public interest, 
                or
                    (C) was a child (as defined in the text 
                above subparagraph (A) of section 101(b)(1) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(b)(1)) at the time of arrival in the 
                United States and on December 31, 1995, and 
                who--
                            (i) arrived in the United States 
                        without parents in the United States 
                        and has remained without parents in the 
                        United States since such arrival,
                            (ii) became orphaned subsequent to 
                        arrival in the United States, or
                            (iii) was abandoned by parents or 
                        guardians prior to April 1, 1998 and 
                        has remained abandoned since such 
                        abandonment; and
            (2) has been physically present in the United 
        States for a continuous period beginning not later than 
        December 31, 1995, and ending not earlier than the date 
        the application for such adjustment is filed, except 
        that an alien shall not be considered to have failed to 
        maintain continuous physical presence by reason of an 
        absence, or absences, from the United States for any 
        period or periods amounting in the aggregate to not 
        more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide 
        by regulation for an alien who is subject to a final 
        order of deportation or removal or exclusion to seek a 
        stay of such order based on the filing of an 
        application under subsection (a).
            (2) During certain proceedings.--Notwithstanding 
        any provision of the Immigration and Nationality Act, 
        the Attorney General shall not order any alien to be 
        removed from the United States, if the alien is in 
        exclusion, deportation, or removal proceedings under 
        any provision of such Act and has applied for 
        adjustment of status under subsection (a), except where 
        the Attorney General has made a final determination to 
        deny the application.
            (3) Work authorization.--The Attorney General may 
        authorize an alien who has applied for adjustment of 
        status under subsection (a) to engage in employment in 
        the United States during the pendency of such 
        application and may provide the alien with an 
        ``employment authorized'' endorsement or other 
        appropriate document signifying authorization of 
        employment, except that if such application is pending 
        for a period exceeding 180 days, and has not been 
        denied, the Attorney General shall authorize such 
        employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--The status of an alien shall be 
        adjusted by the Attorney General to that of an alien 
        lawfully admitted for permanent residence, if--
                    (A) the alien is a national of Haiti;
                    (B) the alien is the spouse, child, or 
                unmarried son or daughter, of an alien whose 
                status is adjusted to that of an alien lawfully 
                admitted for permanent residence under 
                subsection (a), except that, in the case of 
                such an unmarried son or daughter, the son or 
                daughter shall be required to establish that he 
                or she has been physically present in the 
                United States for a continuous period beginning 
                not later than December 31, 1995, and ending 
                not earlier than the date the application for 
                such adjustment is filed;
                    (C) the alien applies for such adjustment 
                and is physically present in the United States 
                on the date the application is filed; and
                    (D) the alien is otherwise admissible to 
                the United States for permanent residence, 
                except that, in determining such admissibility, 
                the grounds for inadmissibility specified in 
                paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) 
                of section 212(a) of the Immigration and 
                Nationality Act shall not apply.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous 
        physical presence by reason of an absence, or absences, 
        from the United States for any period or periods 
        amounting in the aggregate to not more than 180 days.
    (e) Availability of Administrative Review.--The Attorney 
General shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
            (1) applicants for adjustment of status under 
        section 245 of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under 
        section 240 of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Attorney General as to whether the status of any alien should 
be adjusted under this section is final and shall not be 
subject to review by any court.
    (g) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for 
permanent resident pursuant to this section, the Secretary of 
State shall not be required to reduce the number of immigrant 
visas authorized to be issued under any provision of the 
Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act 
Provisions.--Except as otherwise specifically provided in this 
title, the definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
section. Nothing contained in this title shall be held to 
repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General in the 
administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. The 
fact that an alien may be eligible to be granted the status of 
having been lawfully admitted for permanent residence under 
this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may 
be eligible.
    (i) Adjustment of Status Has No Effect On Eligibility For 
Welfare and Public Benefits.--No alien whose status has been 
adjusted in accordance with this section and who was not a 
qualified alien on the date of enactment of this Act may, 
solely on the basis of such adjusted status, be considered to 
be a qualified alien under section 431(b) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced 
Budget Act of 1997 (Public Law 105-33; 111 Stat. 598), for 
purposes of determining the alien's eligibility for 
supplemental security income benefits under title XVI of the 
Social Security Act (42 U.S.C. 1381 et seq.) or medical 
assistance under title XIX of such Act (42 U.S.C. 1396 et 
seq.).
    (j) Period of Applicability.--Subsection (i) shall not 
apply after October 1, 2003.
    (k) Not later than 6 months after the date of the enactment 
of this Act, and every 6 months thereafter (until all 
applications for adjustment of status under this section have 
been finally adjudicated), the Comptroller General of the 
United States shall submit to the Committees on the Judiciary 
and the Committees on Appropriations of the United States House 
of Representatives and the United States Senate a report 
containing the following:
            (1)(A) The number of aliens who applied for 
        adjustment of status under subsection (a), including a 
        breakdown specifying the number of such applicants who 
        are described in subparagraph (A), (B), or (C) of 
        subsection (b)(1), respectively.
            (B) The number of aliens described in subparagraph 
        (A) whose status was adjusted under this section, 
        including a breakdown described in the subparagraph.
            (2)(A) The number of aliens who applied for 
        adjustment of status under subsection (d), including a 
        breakdown specifying the number of such applicants who 
        are sponsors, children, or unmarried sons or daughters 
        described in such subsection, respectively.
            (B) The number of aliens described in subparagraph 
        (A) whose status was adjusted under this section, 
        including a breakdown described in the subparagraph.


             collection of data on detained asylum seekers


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


              collection of data on other detained aliens


    Sec. 904. (a) In General.--The Attorney General shall 
regularly collect data on a nationwide basis on aliens being 
detained in the United States by the Immigration and 
Naturalization Service other than the aliens described in 
section 903, including the following information:
            (1) The number of detainees who are criminal aliens 
        and the number of detainees who are noncriminal aliens 
        who are not seeking asylum.
            (2) An identification of the ages, gender, and 
        countries of origin of detainees within each category 
        described in paragraph (1).
            (3) The types of facilities, whether facilities of 
        the Immigration and Naturalization Service or other 
        Federal, State, or local facilities, in which each of 
        the categories of detainees described in paragraph (1) 
        are held.
    (b) Length of Detention, Transfers, and Dispositions.--With 
respect to detainees who are criminal aliens and detainees who 
are noncriminal aliens who are not seeking asylum, the Attorney 
General shall also collect data concerning--
            (1) the number and frequency of transfers between 
        detention facilities for each category of detainee;
            (2) the average length of detention of each 
        category of detainee;
            (3) for each category of detainee, the number of 
        detainees who have been detained for the same length of 
        time, in 3-month increments;
            (4) for each category of detainee, the rate of 
        release from detention for each district of the 
        Immigration and Naturalization Service; and
            (5) for each category of detainee, the disposition 
        of detention, including whether detention ended due to 
        deportation, release on parole, or any other release.
    (c) Criminal Aliens.--With respect to criminal aliens, the 
Attorney General shall also collect data concerning--
            (1) the number of criminal aliens apprehended under 
        the immigration laws and not detained by the Attorney 
        General; and
            (2) a list of crimes committed by criminal aliens 
        after the decision was made not to detain them, to the 
        extent this information can be derived by cross-
        checking the list of criminal aliens not detained with 
        other databases accessible to the Attorney General.
    (d) Annual Reports.--Beginning on October 1, 1999, and not 
later than October 1 of each year thereafter, the Attorney 
General shall submit to the Committee on the Judiciary of each 
House of Congress a report setting forth the data collected 
under subsections (a), (b), and (c) for the fiscal year ending 
September 30 of that year.
    (e) Availability to Public.--Copies of the data collected 
under subsections (a), (b), and (c) shall be made available to 
members of the public upon request pursuant to such regulations 
as the Attorney General shall prescribe.
    This Act may be cited as the ``Treasury and General 
Government Appropriations Act, 1999''.
    Sec. 102. For the purpose of carrying out the provisions of 
the Tennessee Valley Authority Act of 1933, as amended (16 
U.S.C. ch. 12A), including hire, maintenance, and operation of 
aircraft, and purchase and hire of passenger motor vehicles, 
$50,000,000 is hereby appropriated: Provided, That use of the 
funds provided herein is limited to the purposes for which 
funds were provided under this heading in Public Law 105-62: 
Provided further, That of the amounts appropriated under this 
section, $7,000,000 shall be available for operation, 
maintenance, surveillance, and improvement of Land Between the 
Lakes.


         repurchase of bonds by the tennessee valley authority


    Sec. 103. (a) Repurchase.--Notwithstanding any other 
provision of law or any term contained in any bond issued by 
the Tennessee Valley Authority to the Federal Financing Bank--
            (1) subject to subsection (b), the Tennessee Valley 
        Authority shall have the right to repurchase all such 
        bonds by payment of the principal amount of the bonds 
        plus interest to the date of repurchase;
            (2) the Federal Financing Bank shall not require 
        payment from the Tennessee Valley Authority of any 
        additional amount in connection with the repurchase; 
        and
            (3) there is hereby appropriated to the Federal 
        Financing Bank such amounts as may be necessary to pay 
        the difference between (1) the amount that the 
        Tennessee Valley Authority paid to the Federal 
        Financing Bank to prepay its outstanding loans from the 
        Federal Financing Bank under this section and (2) the 
        amount that the Federal Financing Bank would have 
        received otherwise.
    (b) No Further Financing.--Notwithstanding any other law, 
after the date of repurchase of bonds under subsection (a), the 
Tennessee Valley Authority shall not be entitled or permitted 
to obtain financing from the Federal Financing Bank.
    (c) Use of Savings.--
            (1) In general.--From non-appropriated funds, 
        beginning on the date of repurchase of bonds and ending 
        on the date on which the bonds would have matured but 
        for this section, amounts that, as determined under 
        paragraph (2), are equivalent to amounts that the 
        Tennessee Valley Authority saves as a result of the 
        repurchase of bonds shall be used to reduce debt of the 
        Tennessee Valley Authority.
            (2) Determination of amount of savings.--On each 
        date on which a payment of interest would have been 
        made on a repurchased bond if the bond had not been 
        repurchased, the Tennessee Valley Authority shall be 
        considered to realize a saving in the amount of the 
        difference between--
                    (A) the amount of interest that would have 
                been due at the rate of interest specified in 
                the bond; and
                    (B) the amount of interest that would have 
                been due if the rate of interest specified in 
                the bond had been the yield to maturity of a 
                marketable public obligation of the United 
                States with a maturity of 10 years as of 
                September 30, 1997.
    Sec. 104. Section 312 of Public Law 105-245, the Energy and 
Water Development Appropriations Act, 1999, is repealed.
    Sec. 105. An additional amount of $35,000,000, to remain 
available until expended, for Department of Defense--Civil, 
Department of the Army, Corps of Engineers--Civil, 
``Construction, General'', is hereby appropriated for the 
Columbia River Fish Mitigation, Washington, Oregon, and Idaho, 
project.
    Sec. 106. The Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $1,500,000 of the funds 
previously appropriated in ``Construction, General'', for the 
Lackawanna River, Scranton, Pennsylvania,project to initiate 
construction of the Delaware River Mainstem and Channel Deepening, 
Delaware, New Jersey, and Pennsylvania, project. The Secretary of the 
Army, acting through the Chief of Engineers, is directed to use 
$400,000 of the funds previously appropriated in ``Construction, 
General'', for the Lackawanna River, Scranton, Pennsylvania, project to 
initiate a comprehensive review of aquatic ecosystem restoration 
initiatives in the Upper Susquehanna-Lackawanna Watershed under the 
Aquatic Ecosystem Restoration (Section 206) program. Subject to 
enactment of authorizing legislation, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $340,000 of the 
available ``Construction, General'' funds to initiate construction of 
the Pierre, South Dakota, flood mitigation project. The Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
$1,500,000 of the funds appropriated in ``Construction, General'', in 
Public Law 105-245 for the South Central Pennsylvania Environment 
Improvement Program only for water-related environmental infrastructure 
and resource protection and development projects in Allegheny County, 
Pennsylvania, in accordance with the purposes of subsection (a) and 
requirements of subsections (b) through (e) of section 313 of the Water 
Resources Development Act of 1992, as amended.
    Sec. 107. The Secretary of the Army, acting through the 
Chief of Engineers, is authorized and directed to use $750,000 
of available ``Construction, General'' funds for engineering 
and design, and repair of the Archusa Dam and appurtenant 
structures located in Quitman, Mississippi.
    Sec. 108. An additional amount of $60,000,000 for 
Department of Energy--Energy Programs, ``Energy Supply'', is 
hereby appropriated to remain available until September 30, 
2000.
    Sec. 109. An additional amount of $15,000,000, to remain 
available until expended, for Department of Energy--Energy 
Programs, ``Science'', is hereby appropriated.
    Sec. 110. Lake Powell. No funds appropriated by this Act or 
any other Act for fiscal year 1999 shall be used to study or 
implement any plan to drain Lake Powell or decommission the 
Glen Canyon Dam.
    Sec. 111. Notwithstanding any other provision of law, for 
necessary expenses relating to construction of, and 
improvements to, surface transportation projects located in the 
Commonwealth of Massachusetts, $100,000,000, to remain 
available until expended.
    Sec. 112. Notwithstanding any other provision of law, for 
necessary expenses relating to construction of, and 
improvements to, Corridor X of the Appalachian development 
highway system located in the State of Alabama, $100,000,000, 
to remain available until expended.
    Sec. 113. Notwithstanding any other provision of law, for 
necessary expenses relating to construction of, and 
improvements to, the Appalachian development highway system in 
the State of West Virginia, $32,000,000, to remain available 
until expended.
    Sec. 114. Notwithstanding any other provision of law, for 
necessary expenses relating to construction of, and 
improvements to, highway projects in the corridor designated by 
section 1105(c)(18)(C)(ii) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033), as 
amended by section 1211(i) of the Transportation Equity Act for 
the 21st Century, $100,000,000, to remain available until 
expended.
    Sec. 115. Notwithstanding any other provision of law, to 
enable the Secretary of Transportation to make grants to the 
Alaska Railroad, $28,000,000, to remain available until 
expended, which shall be for capital improvements benefiting 
its passenger rail operations.
    Sec. 116. Of the unobligated balances authorized in Public 
Law 102-240 under 49 U.S.C. 5338(b)(1), $392,000,000 is 
rescinded.
    Sec. 117. Notwithstanding any other provision of law, 
within the funding made available in the Departmentof 
Transportation and Related Agencies Appropriations Act, 1999 for 
discretionary grants under the obligation limitation for Federal 
Aviation Administration, ``Grants-in-Aid for Airports'' in fiscal year 
1999, not less than $11,250,000 shall be made available for capital 
improvement projects at the Wilkes-Barre/Scranton International 
Airport.
    Sec. 118. Notwithstanding any other provision of law, 
within the funding made available in the Department of 
Transportation and Related Agencies Appropriations Act, 1999 
for discretionary grants under the obligation limitation for 
Federal Aviation Administration, ``Grants-in-Aid for Airports'' 
in fiscal year 1999, not less than $7,000,000 shall be made 
available for capital improvement projects at the Minneapolis-
St. Paul International Airport.
    Sec. 119. The Legislative Branch Appropriations Act, 1999, 
is amended by amending the item relating to ``JOINT ITEMS--
Joint Committee on Printing'' to read as follows:

                     ``Joint Committee on Printing

    ``For salaries and expenses of the Joint Committee on 
Printing, $202,000, to be disbursed by the Secretary of the 
Senate, together with an additional amount of $150,000 if there 
is enacted into law legislation which transfers the legislative 
and oversight responsibilities of the Joint Committee on 
Printing to the Committee on House Oversight of the House of 
Representatives: Provided, That such additional amount shall be 
transferred to the Committee on House Oversight of the House of 
Representatives and made available beginning January 1, 1999: 
Provided further, That such additional amount shall be 
disbursed by the Chief Administrative Officer of the House of 
Representatives.''.
    Sec. 120. For carrying out the provisions of division C, 
title II of this Act, $30,000,000, including $750,000 for the 
cost of the direct loan under section 207(a), $20,000,000 for 
the payments in section 207(d), $250,000 for the cost of direct 
loans under section 211(e), $1,000,000 for the cost of a direct 
loan in the Bering Sea and Aleutian Islands crab fisheries 
under the authority of section 312(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), 
and $6,000,000 and $2,000,000 for the Secretary of Commerce and 
Secretary of Transportation, respectively, to implement 
division C, title II.
    Sec. 121. In addition to amounts provided in the conference 
report accompanying H.R. 4194 (H. Rept. 105-769), the following 
funds are hereby appropriated: $10,000,000 for ``Housing 
opportunities for persons with AIDS'', to remain available 
until expended; $45,000,000 to the Secretary of Housing and 
Urban Development for ``Urban Empowerment Zones'' for grants in 
connection with a second round of the empowerment zones program 
in urban areas, designated by the Secretary of Housing and 
Urban Development in fiscal year 1999 pursuant to the Taxpayer 
Relief Act of 1997, including $3,000,000 for each empowerment 
zone for use in conjunction with economic development 
activities consistent with the strategic plan of each 
empowerment zone, to remain available until expended; 
$20,000,000 for ``State and tribal assistance grants'' for a 
grant for construction and related activities for wastewater 
treatment for Boston, Massachusetts, to remain available until 
expended; $10,000,000 for ``National and community service 
programs operating expenses'' for grants under the National 
Service Trust program authorized under subtitle C of title I of 
the National and Community Service Act of 1990 (42 U.S.C. 12571 
et seq.) (relating to activities including the AmeriCorps 
program), to remain available until September 30, 2000: 
Provided, That none of the funds provided herein for ``National 
and community service programs operating expenses'' may be used 
to administer, reimburse, or support any national service 
program authorized under section 121(d)(2) of the 
aforementioned Act; $10,000,000 for``Science and technology'', 
for research associated with the Climate Change Technology Initiative, 
to remain available until September 30, 2000: Provided further, That 
the obligated balance of such $10,000,000 shall remain available 
through September 30, 2007 for liquidating obligations made in fiscal 
years 1999 and 2000; and $15,000,000 for ``Community development 
financial institutions fund program account'', to remain available 
until September 30, 2000.
      Of the amount appropriated in H.R. 4194, the Departments 
of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1999, under the 
heading ``Community development block grants'', $4,750,000 
shall be available as a grant to Cayuga County, New York, to 
repair and rehabilitate the seawalls at the Owasco Lake outlet, 
and $250,000 shall be available as a grant to Jackson, 
Michigan, to remove a portion of the Grand River culvert in 
Jackson, Michigan.
    Sec. 122. Upon enactment of H.R. 4194, the Departments of 
Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1999, section 202 of 
that Act is hereby repealed.
    Sec. 123. Section 513(a) of the ``Quality Housing and Work 
Responsibility Act of 1998'' is amended, upon enactment, by 
inserting after ``40 percent'' at the end of proposed section 
16(c)(3) of the United States Housing Act of 1937, as set forth 
in section 513(a), the following: ``shall be available for 
leasing only by families whose incomes at the time of 
commencement of occupancy do not exceed 30 percent of the area 
median income, as determined by the Secretary with adjustments 
for smaller and larger families.''.
    Sec. 124. Notwithstanding the third undesignated paragraph 
under the heading ``Community development block grants'' under 
title II of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 
1999, of the amount made available under such heading for the 
city of Oklahoma City, Oklahoma, up to 50 percent of such 
amount shall be available to such city for payment of claims 
for bomb damage and repairs for infrastructure located in the 
area described in clause (1) of such undesignated paragraph. 
Any amounts available for use under such undesignated paragraph 
that are not expended to pay such claims or for such repairs 
shall be utilized for the revolving loan pool described in such 
undesignated paragraph.
    Sec. 125. Of the amounts earmarked in the Joint Explanatory 
Statement of the Committee of Conference accompanying H.R. 4194 
for grants targeted for economic investments, $2,000,000 made 
available to the Hawaii Housing Authority for work associated 
with the construction of the Community Resource Center at Kuhio 
Homes/Kuhio Park Terrace in Honolulu, Hawaii shall instead be 
made available to the Housing and Community Development 
Corporation of Hawaii for the same purpose.
    Sec. 126. If the President makes the appointment to the 
position of Under Secretary for Health of the Department of 
Veterans Affairs authorized by section 907 of the Veterans 
Programs Enhancement Act of 1998, the individual appointed 
shall receive the pay and allowances authorized for that 
position as if the appointment had been made on September 29, 
1998, except that the amount of such pay and allowances that is 
attributable to the period beginning on September 29, 1998, and 
ending on the day before the date of that appointment shall be 
reduced by any amount paid that individual by the United States 
for personal services performed during that period.


                    trade deficit review commission


    Sec. 127. (a) Short Title.--This section may be cited as 
the ``Trade Deficit Review Commission Act''.
    (b) Findings.--Congress makes the following findings:
            (1) The United States continues to run substantial 
        merchandise trade and current account deficits.
            (2) Economic forecasts anticipate continued growth 
        in such deficits in the next few years.
            (3) The positive net international asset position 
        that the United States built up over many years was 
        eliminated in the 1980s. The United States today has 
        become the world's largest debtor nation.
            (4) The United States merchandise trade deficit is 
        characterized by large bilateral trade imbalances with 
        a handful of countries.
            (5) The United States has one of the most open 
        borders and economies in the world. The United States 
        faces significant tariff and nontariff trade barriers 
        with its trading partners. The United States does not 
        benefit from fully reciprocal market access.
            (6) The United States is once again at a critical 
        juncture in trade policy development. The nature of the 
        United States trade deficit and its causes and 
        consequences must be analyzed and documented.
    (c) Establishment of Commission.--
            (1) Establishment.--There is established a 
        commission to be known as the Trade Deficit Review 
        Commission (hereafter in this section referred to as 
        the ``Commission'').
            (2) Purpose.--The purpose of the Commission is to 
        study the nature, causes, and consequences of the 
        United States merchandise trade and current account 
        deficits.
            (3) Membership of commission.--
                    (A) Composition.--The Commission shall be 
                composed of 12 members as follows:
                            (i) Three persons shall be 
                        appointed by the President pro tempore 
                        of the Senate upon the recommendation 
                        of the Majority Leader of the Senate, 
                        after consultation with the Chairman of 
                        the Committee on Finance.
                            (ii) Three persons shall be 
                        appointed by the President pro tempore 
                        of the Senate upon the recommendation 
                        of the Minority Leader of the Senate, 
                        after consultation with the ranking 
                        minority member of the Committee on 
                        Finance.
                            (iii) Three persons shall be 
                        appointed by the Speaker of the House 
                        of Representatives, after consultation 
                        with the Chairman of the Committee on 
                        Ways and Means.
                            (iv) Three persons shall be 
                        appointed by the Minority Leader of the 
                        House of Representatives, after 
                        consultation with the ranking minority 
                        member of the Committee on Ways and 
                        Mean.
                    (B) Qualifications of members.--
                            (i) Appointments.--Persons who are 
                        appointed under subparagraph (A) shall 
                        be persons who--
                                    (I) have expertise in 
                                economics, international trade, 
                                manufacturing, labor, 
                                environment, business, or have 
                                other pertinent qualifications 
                                or experience; and
                                    (II) are not officers or 
                                employees of the United States.
                            (ii) Other considerations.--In 
                        appointing Commission members, every 
                        effort shall be made to ensure that the 
                        members--
                                    (I) are representative of a 
                                broad cross-section of economic 
                                and trade perspectives within 
                                the United States; and
                                    (II) provide fresh insights 
                                to analyzing the causes and 
                                consequences of United States 
                                merchandise trade and current 
                                account deficits.
            (4) Period of appointment; vacancies.--
                    (A) In general.--Members shall be appointed 
                not later than 60 days after the date of 
                enactment of this Act and the appointment shall 
                be for the life of the Commission.
                    (B) Vacancies.--Any vacancy in the 
                Commission shall not affect its powers, but 
                shall be filled in the same manner as the 
                original appointment.
            (5) Initial meeting.--Not later than 30 days after 
        the date on which all members of the Commission have 
        been appointed, the Commission shall hold its first 
        meeting.
            (6) Meetings.--The Commission shall meet at the 
        call of the Chairperson.
            (7) Chairperson and vice chairperson.--The members 
        of the Commission shall elect a chairperson and vice 
        chairperson from among the members of the Commission.
            (8) Quorum.--A majority of the members of the 
        Commission shall constitute a quorum for the 
        transaction of business.
            (9) Voting.--Each member of the Commission shall be 
        entitled to 1 vote, which shall be equal to the vote of 
        every other member of the Commission.
    (d) Duties of the Commission.--
            (1) In general.--The Commission shall be 
        responsible for examining the nature, causes, and 
        consequences of, and the accuracy of available data on, 
        the United States merchandise trade and current account 
        deficits.
            (2) Issues to be addressed.--The Commission shall 
        examine and report to the President, the Committee on 
        Ways and Means of the House of Representatives, the 
        Committee on Finance of the Senate, and other 
        appropriate committees of Congress on the following:
                    (A) The relationship of the merchandise 
                trade and current account balances to the 
                overall well-being of the United States 
                economy, and to wages and employment in various 
                sectors of the United States economy.
                    (B) The impact that United States monetary 
                and fiscal policies may have on United States 
                merchandise trade and current account deficits.
                    (C) The extent to which the coordination, 
                allocation, and accountability of trade 
                responsibilities among Federal agencies may 
                contribute to the trade and current account 
                deficits.
                    (D) The causes and consequences of the 
                merchandise trade and current account deficits 
                and specific bilateral trade deficits, 
                including--
                            (i) identification and 
                        quantification of--
                                    (I) the macroeconomic 
                                factors and bilateral trade 
                                barriers that may contribute to 
                                the United States merchandise 
                                trade and current account 
                                deficits;
                                    (II) any impact of the 
                                merchandise trade and current 
                                account deficits on the 
                                domestic economy, industrial 
                                base, manufacturing capacity, 
                                technology, number and quality 
                                of jobs, productivity, wages, 
                                and the United States standard 
                                of living;
                                    (III) any impact of the 
                                merchandise trade and current 
                                account deficits on the defense 
                                production and innovation 
                                capabilities of the United 
                                States; and
                                    (IV) trade deficits within 
                                individual industrial, 
                                manufacturing, and production 
                                sectors, and any relationship 
                                between such deficits and the 
                                increasing volume of intra-
                                industry and intra-company 
                                transactions;
                            (ii) a review of the adequacy and 
                        accuracy of the current collection and 
                        reporting of import and export data, 
                        and the identification and development 
                        of additional data bases and economic 
                        measurements that may be needed to 
                        properly quantify the merchandise trade 
                        and current account balances, and any 
                        impact the merchandise trade and 
                        current account balances may have on 
                        the United States economy; and
                            (iii) the extent to which there is 
                        reciprocal market access substantially 
                        equivalent to that afforded by the 
                        United States in each country with 
                        which the United States has a 
                        persistent and substantial bilateral 
                        trade deficit, and the extent to which 
                        such deficits have become structural.
                    (E) Any relationship of United States 
                merchandise trade and current account deficits 
                to both comparative and competitive trade 
                advantages within the global economy, 
                including--
                            (i) a systematic analysis of the 
                        United States trade patterns with 
                        different trading partners and to what 
                        extent the trade patterns are based on 
                        comparative and competitive trade 
                        advantages;
                            (ii) the extent to which the 
                        increased mobility of capital and 
                        technology has changed both comparative 
                        and competitive trade advantages;
                            (iii) any impact that labor, 
                        environmental, or health and safety 
                        standards may have on comparative and 
                        competitive trade advantages;
                            (iv) the effect that offset and 
                        technology transfer agreements have on 
                        the long-term competitiveness of the 
                        United States manufacturing sectors; 
                        and
                            (v) any effect that international 
                        trade, labor, environmental, or other 
                        agreements may have on United States 
                        competitiveness.
                    (F) The extent to which differences in the 
                growth rates of the United States and its 
                trading partners may impact on United States 
                merchandise trade and current account deficits.
                    (G) The impact that currency exchange rate 
                fluctuations and any manipulation of exchange 
                rates may have on United States merchandise 
                trade and current account deficits.
                    (H) The flow of investments both into and 
                out of the United States, including--
                            (i) any consequences for the United 
                        States economy of the current status of 
                        the United States as a debtor nation;
                            (ii) any relationship between such 
                        investment flows and the United States 
                        merchandise trade and current account 
                        deficits and living standards of United 
                        States workers;
                            (iii) any impact such investment 
                        flows may have on United States labor, 
                        community, environmental, and health 
                        and safety standards, and how such 
                        investment flows influence the location 
                        of manufacturing facilities; and
                            (iv) the effect of barriers to 
                        United States foreign direct investment 
                        in developed and developing nations, 
                        particularly nations with which the 
                        United States has a merchandise trade 
                        and current account deficit.
    (e) Final Report.--
            (1) In general.--Not later than 12 months after the 
        date of the initial meeting of the Commission, the 
        Commission shall submit to the President and Congress a 
        final report which contains--
                    (A) the findings and conclusions of the 
                Commission described in subsection (d); and
                    (B) recommendations for addressing the 
                problems identified as part of the Commission's 
                analysis.
            (2) Separate views.--Any member of the Commission 
        may submit additional findings and recommendations as 
        part of the final report.
    (f) Powers of Commission.--
            (1) Hearings.--The Commission may hold such 
        hearings, sit and act at such times and places, take 
        such testimony, and receive such evidence as the 
        Commission may find advisable to fulfill the 
        requirements of this section. The Commission shall hold 
        at least 1 or more hearings in Washington, D.C., and 4 
        in different regions of the United States.
            (2) Information from federal agencies.--The 
        Commission may secure directly from any Federal 
        department or agency such information as the Commission 
        considers necessary to carry out the provisions of this 
        section. Upon request of the Chairperson of the 
        Commission, the head of such department or agency shall 
        furnish such information to the Commission.
            (3) Postal services.--The Commission may use the 
        United States mails in the same manner and under the 
        same conditions as other departments and agencies of 
        the Federal Government.
    (g) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the 
        Commission shall be compensated at a rate equal to the 
        daily equivalent of the annual rate of basic pay 
        prescribed for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code, for each 
        day (including travel time) during which such member is 
        engaged in the performance of the duties of the 
        Commission.
            (2) Travel expenses.--The members of the Commission 
        shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees 
        of agencies under subchapter I of chapter 57 of title 
        5, United States Code, while away from their homes or 
        regular places of business in the performance of 
        services for the Commission.
            (3) Staff.--
                    (A) In general.--The Chairperson of the 
                Commission may, without regard to the civil 
                service laws and regulations, appoint and 
                terminate an executive director and such other 
                additional personnel as may be necessary to 
                enable the Commission to perform its duties. 
                The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The Chairperson of the 
                Commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of 
                positions and General Schedule pay rates, 
                except that the rate of pay for the executive 
                director and other personnel may not exceed the 
                rate payable for level V of the Executive 
                Schedule under section 5316 of such title.
            (4) Detail of government employees.--Any Federal 
        Government employee may be detailed to the Commission 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status or 
        privilege.
            (5) Procurement of temporary and intermittent 
        services.--The Chairperson of the Commission may 
        procure temporary and intermittent services under 
        section 3109(b) of title 5, United States Code, at 
        rates for individuals which do not exceed the daily 
        equivalent of the annual rate of basic pay prescribed 
        for level V of the Executive Schedule under section 
        5316 of such title.
    (h) Support Services.--The Administrator of the General 
Services Administration shall provide to the Commission on a 
reimbursable basis such administrative support services as the 
Commission may request.
    (i) Appropriations.--There are appropriated $2,000,000 to 
the Commission to carry out the provisions of this section.
    Sec. 128. None of the funds provided or otherwise made 
available in this Division of this Act shall remain available 
for obligation beyond the current fiscal year unless expressly 
so provided herein.
    Sec. 130. Notwithstanding section 11031 of the National 
Capital Revitalization and Self-Government Improvement Act of 
1997 or any other provision of law and not later than September 
30, 1999, the Secretary of the Treasury shall invest, or direct 
the Trustee to invest, the assets of the Trust Fund in public 
debt securities with maturities suitable to the needs of the 
Trust Fund, as determined by the Secretary, and bearing 
interest at rates determined by the Secretary, taking into 
consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturities.
    Sec. 131. To capitalize the District of Columbia National 
Capital Revitalization Corporation, as authorized by the 
District Council, $25,000,000 to remain available until 
expended for economic development planning, project 
development, capital investments, loans, grants, administrative 
expenses and other purposes included in the District Council's 
authorizing legislation: Provided, That no funds shall be 
available unless the Secretary of the Treasury, in consultation 
with the Director of the Office of Management and Budget, 
determines that the Corporation advances the purposes of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997: Provided further, That the Secretary, after 
apportionment pursuant to 31 U.S.C. 1512, may provide for the 
disbursement of funds in the manner provided for Federal grant 
programs.
    Sec. 132. For a Federal payment to the District of Columbia 
Public Schools, $30,000,000, for special education costs.
    Sec. 133. For payment to the District of Columbia, 
$20,000,000 which shall be deposited into an escrow account of 
the District of Columbia Financial Responsibility and 
Management Assistance Authority, and shall be disbursed from 
such escrow account by the Authority for Year 2000 information 
technology and related chip replacement projects approved by 
the Authority: Provided, That, for purposes of any 
appropriations made by this or any other Act, for emergency 
expenses related to Year 2000 conversion of Federal information 
technology systems, and related expenses, the Government of the 
District of Columbia shall be considered an agency of the 
United States Government: Provided further, That, any funds 
provided pursuant to the preceding proviso shall be in addition 
to funds appropriated directly under this paragraph.
    Sec. 134. For a Federal contribution to the District of 
Columbia for the costs of infrastructure needs, which shall be 
deposited into an escrow account of the District of Columbia 
Financial Responsibility and Management Assistance Authority 
and disbursed by the Authority from such account for the repair 
and maintenance of roads, highways, bridges and transit in the 
District of Columbia and other economic development projects 
and planning in the District of Columbia, $50,000,000, to 
remain available until expended.

           DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

    TITLE I--MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$10,000,000: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent that an 
official budget request for $10,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$33,300,000: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent that an 
official budget request for $33,300,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine 
Corps'', $8,900,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $8,900,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$10,000,000: Provided, That the entire amount is designated by 
the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent that an 
official budget request for $10,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, 
Army'', $314,500,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $314,500,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, 
Navy'', $232,600,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $232,600,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, 
Marine Corps'', $52,400,000: Provided, That the entire amount 
is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the entire amount shall be available only to the 
extent that an official budget request for $52,400,000, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, 
Air Force'', $303,000,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $303,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)


    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $1,496,600,000, to remain available for 
obligation until expended: Provided, That the Secretary of 
Defense may transfer these funds to appropriations accounts for 
operation and maintenance; procurement; and research, 
development, test and evaluation: Provided further, That the 
funds transferred shall be merged with and be available for the 
same purposes and for thesame time period as the appropriation 
to which transferred: Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That the entire amount made available under this heading is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, 
Army Reserve'', $3,000,000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $3,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, 
Marine Corps Reserve'', $3,300,000: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an official budget request for 
$3,300,000, that includes designation of the entire amount of 
the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, 
Air Force Reserve'', $9,000,000: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an officialbudget request for 
$9,000,000, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, 
Army National Guard'', $50,000,000: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an official budget request for 
$50,000,000, that includes designation of the entire amount of 
the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, 
Air National Guard'', $21,000,000: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an official budget request for 
$21,000,000, that includes designation of the entire amount of 
the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

             Overseas Contingency Operations Transfer Fund


                     (including transfer of funds)


    For an additional amount for ``Overseas Contingency 
Operations Transfer Fund'', $1,858,600,000, to remain available 
for obligation until expended: Provided, That of the amounts 
provided under this heading, the following amounts shall be 
transferred to the specified accounts:
            ``Military Personnel, Army'', $310,600,000;
            ``Military Personnel, Navy'', $9,275,000;
            ``Military Personnel, Marine Corps'', $2,748,000;
            ``Military Personnel, Air Force'', $17,000,000; and
            ``Reserve Personnel, Navy'', $2,295,000:
Provided further, That of the remaining funds made available 
under this heading, the Secretary of Defense may transfer these 
funds only to operation and maintenance accounts, procurement 
accounts, the defense health program appropriation, and working 
capital funds accounts: Provided further, That the funds 
transferred shall be merged with and shall be available for the 
same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, That the 
transfer authority provided under this heading is in addition 
to any other transfer authority available to the Department of 
Defense: Provided further, That the entire amount made 
available under this heading is designated by the Congress as 
an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.

 Morale, Welfare and Recreation and Personnel Support for Contingency 
                              Deployments


                     (including transfer of funds)


    In addition to amounts appropriated or otherwise made 
available in the Department of Defense Appropriations Act, 
1999, $50,000,000, to remain available for obligation until 
expended, is hereby made available only for expenses, not 
otherwise provided for, to provide necessary morale, welfare 
and recreation support, family support, and to sustain 
necessary retention and re-enlistment of military personnel in 
critical military occupational specialties, resulting from the 
deployment of military personnel to Bosnia and Southwest Asia: 
Provided, That theSecretary of Defense may transfer these funds 
only to operation and maintenance accounts of the military services: 
Provided further, That the funds transferred shall be available only 
for the purposes described under this heading: Provided further, That 
the transfer authority provided under this heading is in addition to 
any other transfer authority available to the Department of Defense: 
Provided further, That the entire amount made available under this 
heading is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That the 
entire amount shall be available only to the extent that an official 
budget request for $50,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$200,000,000: Provided, That these funds shall be for Operation 
and maintenance, of which not to exceed two per centum shall 
remain available until September 30, 2000: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for $200,000,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)


    For an additional amount for ``Drug Interdiction and 
Counter-Drug Activities, Defense'', $42,000,000: Provided, That 
funds appropriated under this heading may be transferred to 
appropriations available to the Department of Defense for 
military personnel of the reserve components serving under the 
provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation: Provided further, That funds 
appropriated under this heading shall be available for 
obligation for the same time period and for the same purposes 
as the appropriation to which transferred: Provided further, 
That thetransfer authority provided under this heading is in 
addition to any other transfer authority available to the Department of 
Defense: Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be available 
only to the extent that an official budget request for $42,000,000, 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 101. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security 
Act of 1947 (50 U.S.C. 414).
    Sec. 102. In addition to the amounts appropriated or 
otherwise made available in the Department of Defense 
Appropriations Act, 1999, $1,000,000,000, to remain available 
for obligation until expended, is hereby appropriated under the 
heading ``Research, Development, Test and Evaluation, Defense-
Wide'': Provided, That these funds shall be made available only 
for the enhanced testing, accelerated development, 
construction, and integration and infrastructure efforts in 
support of ballistic missile defense systems: Provided further, 
That the entire amount made available in this section is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.
    Sec. 103. In addition to amounts appropriated or otherwise 
made available in the Department of Defense Appropriations Act, 
1999, $259,853,000 is hereby appropriated to the Department of 
Defense, only for emergency expenses incurred at United States 
military facilities or installations in the United States or 
overseas directly resulting from storm damage or other natural 
disasters, as follows:
            ``Military Personnel, Marine Corps'', $232,000;
            ``Reserve Personnel, Army'', $343,000;
            ``Reserve Personnel, Navy'', $100,000;
            ``Operation and Maintenance, Army'', $139,056,000;
            ``Operation and Maintenance, Navy'', $57,179,000;
            ``Operation and Maintenance, Marine Corps'', 
        $8,470,000;
            ``Operation and Maintenance, Air Force'', 
        $34,254,000;
            ``Operation and Maintenance, Army Reserve'', 
        $853,000;
            ``Operation and Maintenance, Navy Reserve'', 
        $5,058,000;
            ``Operation and Maintenance, Army National Guard'', 
        $5,750,000;
            ``Operation and Maintenance, Air National Guard'', 
        $4,355,000;
            ``Defense Health Program'', $2,120,000; and
            ``Navy Working Capital Fund'', $2,083,000:
Provided, That these funds may be used to execute projects or 
programs that were deferred in order to carry out emergency 
repairs resulting from such storm damage or natural disasters: 
Provided further, That the entire amount made available in this 
section is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That of the amounts provided in this section, 
$153,551,000 shall be available only to the extent that an 
official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That of the amount referred to in the third proviso in this 
section, up to $29,454,000 may be transferred from ``Operation 
and Maintenance, Army'', to ``Military Construction, Army''.
    Sec. 104. In addition to amounts provided in this Act, 
$2,000,000 is hereby appropriated for ``Defense Health 
Program'', to remain available for obligation until expended: 
Provided, That notwithstanding any other provision of law, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and 
furnishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness or 
hospitalization of an eligible military beneficiary.
    Sec. 105. Section 8136 of the Department of Defense 
Appropriations Act, 1999, is amended by strikingout 
``$502,000,000'' and inserting in lieu thereof ``$569,000,000'', and 
further amended by striking out ``$176,000,000'' and inserting in lieu 
thereof ``$243,000,000''.

                               CHAPTER 2

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities


                        other defense activities


    For an additional amount for ``Other Defense Activities'', 
for expenditures in the Russian Federation to implement a 
United States/Russian accord for the disposition of excess 
weapons plutonium, $200,000,000, to remain available until 
expended: Provided, That none of the funds may be obligated 
until the Department of Energy submits to Congress a detailed 
budget justification for use of these funds, and the proposal 
has been approved by the House and Senate Committees on 
Appropriations: Provided further, That the entire amount shall 
be available only to the extent an official budget request for 
a specific dollar amount that includes designation of the 
entire amount of the request as an emergency requirement as 
defined by the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.
    For an additional amount to purchase natural uranium 
associated with the 1997 and 1998 deliveries under the United 
States-Russia HEU Purchase Agreement (hereinafter, ``the 
Agreement''), $325,000,000, to remain available until expended, 
which shall be available only to the extent an official budget 
request for a specific dollar amount that includes designation 
of the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted to the Congress: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That such uranium is located in 
the United States at the time of purchase, and shall become 
part of the inventory of the Department of Energy: Provided 
further, That such funds shall be available only upon 
conclusion of a long-term agreement by the Government of the 
Russian Federation and commercial partners for the sale of 
uranium to be derived from deliveries scheduled for 1999 and 
thereafter under the Agreement.

                               CHAPTER 3

              DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION

                      Military Construction, Army

    For an additional amount for ``Military Construction, 
Army'' to replace facilities destroyed by monsoons in the 
Republic of Korea during August of 1998, $118,000,000, as 
authorized by 10 U.S.C. 2854, to remain available until 
September 30, 1999: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
from amounts made available in this or any other Act for 
military construction, the Secretary of the Army may acquire 
real property and carry out a military construction project at 
Camp Casey in Korea, in the amount of $12,016,000.

                      Military Construction, Navy

    For an additional amount for ``Military Construction, 
Navy'' to cover the incremental costs arising from the 
consequences of Hurricanes Georges and Bonnie, $5,860,000, as 
authorized by 10 U.S.C. 2854, to remain available until 
September 30, 1999: Provided, That the entire amount shall be 
available only to the extent an official budget request for a 
specific dollar amount that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air 
Force'', $29,200,000, to remain available until September 30, 
1999: Provided, That of this amount, $2,200,000 shall be 
available to cover the incremental costs arising from force 
protection, as authorized by 10 U.S.C. 2803: Provided further, 
That of this amount $27,000,000 shall be available to cover the 
incremental costs arising from the consequences of Hurricane 
Georges, as authorized by 10 U.S.C. 2854: Provided further, 
That the entire amount shall be available only to the extent an 
official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

               Military Construction, Army National Guard

    For an additional amount for ``Military Construction, Army 
National Guard'' to cover the incremental costs arising from 
the consequences of Hurricane Georges, $2,500,000, as 
authorized by 10 U.S.C. 2854, to remain available until 
September 30, 1999: Provided, That the entire amount shall be 
available only to the extent an official budget request for a 
specific dollar amount that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control of 1985, as 
amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

               Military Construction, Air National Guard

    For an additional amount for ``Military Construction, Air 
National Guard'' to cover the incremental costs arising from 
the consequences of Hurricane Georges, $15,900,000, as 
authorized by 10 U.S.C. 2854, to remain available until 
September 30, 1999: Provided, That theentire amount shall be 
available only to the extent an official budget request for a specific 
dollar amount that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                          Family Housing, Army

    For an additional amount for ``Family Housing, Army'' to 
cover the incremental costs arising from the consequences of 
Hurricane Georges and for the rehabilitation of family housing, 
$5,200,000, to remain available until September 30, 1999: 
Provided, That notwithstanding any other provision of law, of 
this amount $4,000,000 shall be available only for the 
rehabilitation of family housing referred to in Section 8142 of 
the Department of Defense Appropriations Act of 1999: Provided 
further, That the entire amount shall be available only to the 
extent an official budget request for a specific dollar amount 
that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                 Family Housing, Navy and Marine Corps

    For an additional amount for ``Family Housing, Navy and 
Marine Corps'' to cover the incremental costs arising from the 
consequences of Hurricane Bonnie, $10,599,000, as authorized by 
10 U.S.C. 2854, to remain available until September 30, 1999: 
Provided, That the entire amount shall be available only to the 
extent an official budget request for a specific dollar amount 
that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                       Family Housing, Air Force

    For an additional amount for ``Family Housing, Air Force'' 
to cover the incremental costs arising from the consequences of 
Hurricane Georges, $22,233,000, as authorized by 10 U.S.C. 
2854, to remain available until September 30, 1999: Provided, 
That the entire amount shall be available only to the extent an 
official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                    GENERAL PROVISION, THIS CHAPTER

    Section 2304(c)(2) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 is amended by striking 
``$2,000,000,000'' and inserting ``$2,000,000''.

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


                           operating expenses


    For an additional amount for necessary expenses for the 
operation and maintenance of the Coast Guard, not otherwise 
provided for, $100,000,000, of which $28,000,000 is only 
available for expenses related to expansion of drug 
interdiction activities around Puerto Rico, the United States 
Virgin Islands, and other transit zone areas of operation, 
including costs to operate and maintain PC-170 patrol craft 
offered by the Department of Defense: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress.


              acquisition, construction, and improvements


    For an additional amount for acquisition, construction, 
renovation, and improvement of facilities and equipment, to be 
available for expansion of Coast Guard drug interdiction 
activities, $100,000,000, to remain available until expended 
and to be distributed as follows:
            Acquisition and construction of Barracuda class 
        coastal patrol boats, $33,000,000;
            Reactivation costs for up to 3 HU-25 aircraft for 
        maritime patrol, $7,500,000;
            Acquisition of installed or deployable electronic 
        sensors and communication systems for Coast Guard 
        cutters or boats, $13,000,000;
            Operational test and evaluation of the use of force 
        from aircraft, $2,500,000; and
            Acquisition of installed or deployable electronic 
        sensors for maritime patrol aircraft and not to exceed 
        $5,800,000 for C-130 engine upgrade, $44,000,000:
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress.


                            reserve training


    For an additional amount for operating, maintenance, and 
training expenses of the Coast Guard Reserve, including 
supplies, equipment and services, $5,000,000: Provided, That 
none of these funds may be transferred to Coast Guard 
``Operating expenses'' or otherwise made available to reimburse 
the Coast Guard for financial support of the Coast Guard 
Reserves: Provided further, That the highest priority for use 
of these funds shall be for enhancing drug interdiction 
activities conducted by the Coast Guard Reserves: Provided 
further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress.


              research, development, test, and evaluation


    For an additional amount for necessary expenses for applied 
scientific research, development, test, and evaluation, 
maintenance, rehabilitation, lease and operation of facilities 
and equipment, $5,000,000, to remain available until expended: 
Provided, That the highest priority for use of these funds 
shall be the development of new technologies or operational 
procedures which enhance drug interdiction activities of the 
Coast Guard: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                        TITLE II--ANTITERRORISM

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses'', 
$21,680,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs


    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Diplomatic 
and Consular Programs'', $773,700,000, to remain available 
until expended, of which $25,700,000 shall be available only to 
the extent that an official budget request that includes the 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided, That as determined by the 
Secretary of State, such funds may be used to procure services 
and equipment overseas necessary to improve worldwide security 
and reconstitute embassy operations in Kenya and Tanzania on 
behalf of any other agency: Provided further, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.


                         salaries and expenses


    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Salaries 
and Expenses'', $12,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.


                      office of inspector general


    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Office of 
Inspector General'', $1,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.


           security and maintenance of united states missions


    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Security 
and Maintenance of United States Missions'', $627,000,000, to 
remain available until expended; of which $56,000,000 is for 
security projects, relocations, and security equipment on 
behalf of missions of other U.S. Government agencies, which 
amount may be transferred to any appropriation for this 
purpose, to be merged with and available for the same time 
period as the appropriation to which transferred; and of which 
$185,000,000 is for capital improvements or relocation of 
office and residential facilities to improve security, which 
amount shall become available fifteen days after notice thereof 
has been transmitted to the Appropriations Committees of both 
Houses of Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.


           emergencies in the diplomatic and consular service


    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Emergencies 
in the Diplomatic and Consular Service'', $10,000,000, to 
remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide


                     (including transfer of funds)


    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $358,427,000, to remain available for 
obligation until expended: Provided, That the Secretary of 
Defense may transfer these funds to fiscal year 1999 
appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; and family housing: 
Provided further, That the funds transferred shall be merged 
with and be available for the same purposes and for the same 
time period as the appropriation to which transferred: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
the entire amount made available under this heading is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $358,427,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 201. Maintenance and Operation of Equipment.--Section 
374 of title 10, United States Code, is amended--
            (1) in subsection (b)(1)(A), by striking ``or'';
            (2) in subsection (b)(1)(B), by striking the period 
        at the end, inserting in lieu thereof a semicolon and 
        the following new subparagraphs:
                    ``(C) a foreign or domestic counter-
                terrorism operation; or
                    ``(D) a rendition of a suspected terrorist 
                from a foreign country to the United States to 
                stand trial.'';
            (3) in subsection (b)(2)(F)(i)--
                    (A) by inserting ``along with any other 
                civilian or military personnel who are 
                supporting, or conducting, a joint operation 
                with civilianlaw enforcement personnel;'' after 
``the transportation of civilian law enforcement personnel''; and
                    (B) by striking ``and'';
            (4) in subsection (b)(2)(F)(ii)--
                    (A) by inserting ``and supporting'' after 
                ``the operation of a base of operations for 
                civilian law enforcement'';
                    (B) by striking the period at the end and 
                inserting in lieu thereof ``; and''; and
                    (C) by inserting at the end the following 
                new clause:
                    ``(iii) the transportation of suspected 
                terrorists from foreign countries to the United 
                States for trial (so long as the requesting 
                Federal law enforcement agency provides all 
                security for such transportation and maintains 
                custody over the suspect through the duration 
                of the transportation).'';
            (5) in subsection (b)(4)(A), by striking ``an'' and 
        inserting in lieu thereof ``a Federal''; and
            (6) in subsection (b)(4)(A), by inserting a new 
        clause ``(v) Any law, foreign or domestic, prohibiting 
        terrorist activities.'' after ``(iv) The Maritime Drug 
        Law Enforcement Act (46 U.S.C. App. 1901 et seq.).''.


                     (including transfer of funds)


    Sec. 202. In addition to amounts appropriated or otherwise 
made available in the Department of Defense Appropriations Act, 
1999, $50,000,000 is hereby appropriated, only to initiate and 
expand activities of the Department of Defense to prevent, 
prepare for, and respond to a terrorist attack in the United 
States involving weapons of mass destruction: Provided, That 
$35,000,000 of the funds made available in this section shall 
be transferred to the following accounts in the specified 
amounts:
            ``National Guard Personnel, Army'', $4,000,000;
            ``National Guard Personnel, Air Force'', 
        $1,000,000;
            ``Operation and Maintenance, Army'', $2,000,000;
            ``Operation and Maintenance, Army National Guard'', 
        $20,000,000; and
            ``Procurement, Defense-Wide'', $8,000,000:
Provided further, That of the funds made available in this 
section, $15,000,000 shall be transferred to ``Research, 
Development, Test and Evaluation, Army'', only to develop and 
support a long term, sustainable Weapons of Mass Destruction 
emergency preparedness training program: Provided further, That 
funds transferred pursuant to this section shall be merged with 
and be available for the same purposes and for the same time 
period as the appropriation to which transferred: Provided 
further, That the transfer authority provided in this section 
is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the entire amount 
provided in this section is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for $50,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.
    Sec. 203. In addition to amounts appropriated or otherwise 
made available in the Department of Defense Appropriations Act, 
1999, $120,500,000, to remain available for obligation until 
expended, is appropriated to the proper accounts within the 
Department of the Air Force: Provided, That the additional 
amount shall be made available only for the provision of crisis 
response aviation support for critical national security, law 
enforcement andemergency response agencies: Provided further, 
That the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the entire amount shall be available only to the extent that an 
official budget request for $120,500,000, that includes designation of 
the entire amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the President of the United States shall submit to the 
Congress by March 15, 1999, an interagency agreement for the 
utilization of Department of Defense assets to support the crisis 
response requirements of the Federal Bureau of Investigation and the 
Federal Emergency Management Agency.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance


                         economic support fund


                     (including transfers of funds)


    Notwithstanding section 10 of Public Law 91-672, for an 
additional amount for ``Economic Support Fund'' for assistance 
for Kenya and Tanzania, $50,000,000, to remain available until 
September 30, 2000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
funds appropriated under this paragraph may be made available 
for administrative costs associated with assistance provided 
under this paragraph: Provided further, That $2,500,000 shall 
be transferred to and merged with ``Operating Expenses of the 
Agency for International Development'' for security and related 
expenses: Provided further, That $1,269,000 shall be 
transferred to and merged with ``Peace Corps'' for security and 
related expenses: Provided further, That the transfers 
authorized in the preceding provisos shall be in addition to 
sums otherwise available for such purposes: Provided further, 
That funds appropriated under this paragraph shall only be 
available through the regular notification procedures of the 
Committees on Appropriations.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956 and section 10 of Public Law 91-672, 
for an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'' for anti-terrorism 
assistance, $20,000,000, to remain available until September 
30, 2000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 operation of the national park system


    For an additional amount for ``Operation of the National 
Park System'' for emergency security related expenses, 
$2,320,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.


                              construction


    For an additional amount for ``Construction'' for emergency 
security related expenses, $3,680,000, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                               CHAPTER 5

                        ARCHITECT OF THE CAPITOL

                         Capitol Visitor Center

    For necessary expenses for the planning, engineering, 
design, and construction, as each such milestone is approved by 
the Committee on Rules and Administration of the Senate, the 
Committee on House Oversight of the House of Representatives, 
the Committees on Appropriations of the House of 
Representatives and of the Senate, and other appropriate 
committees of the House of Representatives and of the Senate, 
of a new facility to provide greater security for all persons 
working in or visiting the United States Capitol and to enhance 
the educational experience of those who have come to learn 
about the Capitol building and Congress, $100,000,000, to be 
supplemented by private funds, which shall remain available 
until expended: Provided, That Section 3709 of the Revised 
Statutes of the United States (41 U.S.C. 5) shall not apply to 
the funds made available under this heading: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                          CAPITOL POLICE BOARD

                         Security Enhancements

    For the Capitol Police Board for security enhancements to 
the Capitol complex, including the buildings and grounds of the 
Library of Congress, $106,782,000, to remain available until 
expended: Provided, That such security enhancements shall be 
carried out in accordance with a plan or plans approved by the 
Committee on House Oversight of the House of Representatives, 
the Committee on Rules and Administration of the Senate, the 
Committee on Appropriations of the House of Representatives, 
and the Committee on Appropriations of the Senate: Provided 
further, That the Capitol Police Board shall transfer to the 
Architect of the Capitol such portion of the funds made 
available under this heading as the Architect may require for 
expenses necessary to provide support for the security 
enhancements, subject to the approval of the Committee on 
Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate: Provided further, 
That the Capitol Police Board shall transfer to the Librarian 
of Congress such portion of the funds made available under this 
heading as the Librarian may require for expenses necessary to 
provide support for the security enhancements, subject to the 
approval of the Committee on Appropriations of the House of 
Representatives and the Committee on Appropriations of the 
Senate: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                    GENERAL PROVISION, THIS CHAPTER

    The responsibility for design, installation, and 
maintenance of security systems to protect the physical 
security of the buildings and grounds of the Library of 
Congress is transferred from the Architect of the Capitol to 
the Capitol Police Board. Such design, installation, and 
maintenance shall be carried out under the direction of the 
Committee on House Oversight of the House of Representatives 
and the Committee on Rules and Administration of the Senate, 
and without regard to section 3709 of the Revised Statutes of 
the United States (41 U.S.C. 5). Any alteration to a 
structural, mechanical, or architectural feature of the 
buildings and grounds of the Library of Congress that is 
required for a security system under the preceding sentence may 
be carried out only with the approval of the Architect of the 
Capitol.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                        facilities and equipment


                    (airport and airway trust fund)


    For an additional amount for ``Facilities and Equipment'', 
$100,000,000, for necessary expenses for acquisition, 
installation and related activities supporting the deployment 
of bulk and trace explosives detection systems and other 
advanced security equipment at airports in the United States, 
to remain available until September 30, 2001: Provided, That 
the entire amount shall be available only to the extent an 
official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses'', 
$3,548,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                      United States Secret Service


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses'', 
$80,808,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

   TITLE III--YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY 
                                SYSTEMS

         FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                  FUNDS APPROPRIATED TO THE PRESIDENT


          information technology systems and related expenses


                     (including transfer of funds)


    For an additional amount for emergency expenses related to 
Year 2000 conversion of Federal information technology systems, 
and related expenses, $2,250,000,000, to remain available until 
September 30, 2001, of which $5,500,000 shall be transferred to 
the Legislative Branch for ``SENATE'', ``Contingent Expenses of 
the Senate'', ``Sergeant at Arms and Doorkeeper of the Senate'' 
for salaries and expenses related to Year 2000 conversion of 
Senate information technology systems: Provided, That the funds 
may be obligated with the prior approval of the Senate 
Committee on Appropriations; and of which, $6,373,000 shall be 
transferred to the Legislative Branch for ``HOUSE OF 
REPRESENTATIVES'', ``Salaries and Expenses'', ``Salaries, 
Officers and Employees'' for salaries and expenses related to 
Year 2000 conversion of House of Representatives information 
technology systems; and of which $5,000,000 shall be 
transferred to the Legislative Branch for ``GENERAL ACCOUNTING 
OFFICE'', ``Information Technology Systems and Related 
Expenses'' for expenses related to Year 2000 conversion of 
information technology systems and related expenses of all 
entities in the Legislative Branch other than the ``Senate'' 
and ``House of Representatives'' covered by the Legislative 
Branch Appropriations Act, 1998 (Public Law 105-55), which the 
Comptroller General shall transfer to the affected entities in 
the Legislative Branch, upon the approval of the House and 
Senate Committees on Appropriations; and of which $13,044,000 
shall be transferred to the Judiciary to the Judiciary 
Information Technology Fund for expenses related to Year 2000 
conversion of Judicial Branch information technology and 
security systems: Provided further, That the remaining funds 
made available shall be transferred, as necessary, by the 
Director of the Office of Management and Budget to all affected 
Federal Departments and Agencies, except the Department of 
Defense, for expenses necessary to ensure the information 
technology that is used or acquired by the Federal government 
meets the definition of Year 2000 compliant under Federal 
Acquisition Regulations (concerning accurate processing of 
date/time data, including calculating, comparing, and 
sequencing from, into, and between the twentieth and twenty-
first centuries, and the years 1999 and 2000 and leap year 
calculations) and to meet other criteria for Year 2000 
compliance as the head of each Department or Agency considers 
appropriate: Provided further, That none of the funds provided 
under this heading, except those transferred to the Legislative 
Branch and the Judiciary, may be transferred to any Department 
or Agency until fifteen days after the Director of the Office 
of Management and Budget has submitted to the House and Senate 
Committees on Appropriations, the Senate Special Committee on 
the Year 2000 Technology Problem, the House Committee on 
Science, and the House Committee on Government Reform and 
Oversight, a proposed allocation and plan for that Department 
or Agency to achieve Year 2000 compliance for technology 
information systems: Provided further, That the transfer 
authority provided in this paragraph is in addition to any 
other transfer authority contained elsewhere in this or any 
other Act: Provided further, That funds provided under this 
heading shall be in addition to funds available in this or any 
other Act for Year 2000 compliance by any Federal Department or 
Agency: Provided further, That the entire amount, except those 
amounts transferred to the Legislative Branch and the 
Judiciary, shall be available only to the extent that an 
official budget request that includes designation of the entire 
amount of the request as anemergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

      Information Technology Systems and Security Transfer Account


                     (including transfer of funds)


    For emergency expenses relating to Year 2000 conversion of 
information technology and national security systems, for 
information technology, and infrastructure protection to 
include computer security/information assurance programs, and 
for related expenses, $1,100,000,000, to remain available until 
September 30, 2001: Provided, That the funds made available 
shall be transferred, as necessary, by the Secretary of Defense 
to any account in any previously enacted Department of Defense 
Appropriations Act for expenses necessary to ensure the 
information technology that is used or acquired by the Federal 
government meets the definition of Year 2000 compliant under 
Federal Acquisition Regulations (concerning accurate processing 
of date/time data, including calculating, comparing, and 
sequencing from, into, and between the twentieth and twenty-
first centuries, and the years 1999 and 2000 and leap year 
calculations) and to meet other criteria for Year 2000 
compliance as the Secretary considers appropriate: Provided 
further, That none of the funds provided under this heading may 
be transferred to any other account until fifteen days after 
the Secretary of Defense has submitted to the House and Senate 
Committees on Appropriations, the Senate Special Committee on 
the Year 2000 Technology Problem, the House Committee on 
Science, and the House Committee on Government Reform and 
Oversight, a proposed allocation and plan for the Department of 
Defense to achieve Year 2000 compliance for technology 
information systems: Provided further, That the funds 
transferred shall be merged with and shall be available for the 
same purposes and for the same time period as the appropriation 
to which transferred: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority available to the Department of 
Defense: Provided further, That funds provided under this 
heading shall be in addition to funds available in this or any 
other Act making appropriations for the Department of Defense 
for Year 2000 compliance and related activities: Provided 
further, That the entire amount made available under this 
heading is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount made available under 
this heading shall be available only to the extent that an 
official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                      TITLE IV--OTHER EMERGENCIES

                               CHAPTER 1

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities


    In addition to the amounts appropriated or otherwise made 
available for this purpose, $5,000,000 is appropriated to the 
Department of Commerce to remain available until expended to 
provide emergency disaster assistance to persons or entities in 
the Northeast multispecies fishery who have incurred losses 
from a commercial fishery failure under section 308(b) of the 
Interjurisdictional Fisheries Act of 1986, as amended: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent an official budget request, for a 
specific dollar amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted to the Congress.

                             RELATED AGENCY

                     Small Business Administration


                     disaster loans program account


    For an additional amount for the cost of direct loans, 
$71,000,000, to remain available until expended to subsidize 
additional gross obligations for the principal amount of direct 
loans: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974; and for administrative 
expenses to carry out the disaster loan program, an additional 
$30,000,000 to remain available until expended, which may be 
transferred to and merged with appropriations for ``Salaries 
and Expenses'': Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress.

                               CHAPTER 2

                     DEPARTMENT OF DEFENSE--CIVIL-

                         Department of the Army

                       Corps of Engineers--Civil


 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee


    For an additional amount for emergency repairs and dredging 
due to flooding, $2,500,000, to remain available until 
expended, which shall be available only to the extent an 
official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.


                   operation and maintenance, general


    For an additional amount for emergency repairs and dredging 
due to flooding, $99,700,000, to remain available until 
expended, of which such amounts for eligible navigation 
projects which may be derived from the Harbor Maintenance Trust 
Fund pursuant to Public Law 99-662, shall be derived from that 
Fund: Provided, That the entireamount shall be available only 
to the extent an official budget request for a specific dollar amount 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT


                  agency for international development


                child survival and disease programs fund


    Notwithstanding section 10 of Public Law 91-672, for an 
additional amount for ``Child Survival and Disease Programs 
Fund'', $50,000,000, to remain available until expended: 
Provided, That the entire amount shall be available only to the 
extent that an official budget request for a specific dollar 
amount that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.

                  Other Bilateral Economic Assistance


  assistance for the new independent states of the former soviet union


    Notwithstanding section 10 of Public Law 91-672, for an 
additional amount for ``Assistance for the New Independent 
States of the former Soviet Union,'' $46,000,000, to remain 
available until September 30, 2000: Provided, That the entire 
amount shall be available only to the extent that an official 
budget request for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                          UNANTICIPATED NEEDS

      For an additional amount for ``Unanticipated Needs'', 
$30,000,000, to remain available until expended, only for a 
grant to the American Red Cross for reimbursement of disaster 
relief, recovery expenditures, and emergency services: 
Provided, That the entire amount shall be available only to the 
extent that an official budget request for a specific dollar 
amount that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                              construction


    For an additional amount for ``Construction'', $25,000,000, 
to remain available until expended, to repair damage due to 
hurricanes, floods and other acts of nature: Provided, That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the amount provided shall be available 
only to the extent that an official budget request that 
includes designation of the entire amount as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                         National Park Service


                              construction


    For an additional amount for ``Construction'', $10,000,000, 
to remain available until expended, to repair damage due to 
hurricanes, floods and other acts of nature: Provided, That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the amount provided shall be available 
only to the extent that an official budget request that 
includes designation of the entire amount as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                    United States Geological Survey


                 surveys, investigations, and research


    For an additional amount for ``Surveys, Investigations, and 
Research'', $1,000,000, to remain available until expended, to 
repair damage due to hurricanes, floods and other acts of 
nature: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That the 
amount provided shall be available only to the extent that an 
official budget request that includes designation of the entire 
amount as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                               CHAPTER 5

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services


    For an additional amount for ``Training and Employment 
Services'' to carry out section 402 of the Job Training 
Partnership Act, $7,000,000, to be available upon enactment and 
remain available through June 30, 1999: Provided, That the 
entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


              acquisition, construction, and improvements


    For an additional amount for ``Acquisition, Construction, 
and Improvements'', for facility replacement or repairs arising 
from the consequences of Hurricane Georges, $12,600,000, to 
remain available until expended: Provided, That the entire 
amount shall be available only to the extent an official budget 
request for a specific dollar amount that includes designation 
of the entire amount of the request as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Actof 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is designated as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 7

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                   community development block grants


    For an additional amount for ``Community development block 
grants'', as authorized under title I of the Housing and 
Community Development Act of 1974, $250,000,000, which shall 
remain available until September 30, 2002, for use only for 
disaster relief, long-term recovery, and mitigation in 
communities affected by Presidentially-declared natural 
disasters designated during fiscal years 1998 and 1999, except 
for those activities reimbursable by or for which funds are 
made available by the Federal Emergency Management Agency, the 
Small Business Administration, or the Army Corps of Engineers: 
Provided, That in administering these amounts and except as 
provided in the next proviso, the Secretary of Housing and 
Urban Development (the Secretary) may waive or specify 
alternative requirements for any provision of any statute or 
regulation that the Secretary administers in connection with 
the obligation by the Secretary or the use by the recipient of 
these funds, except for statutory requirements related to civil 
rights, fair housing and nondiscrimination, the environment, 
and labor standards, upon a finding that such waiver is 
required to facilitate the use of such funds and would not be 
inconsistent with the overall purpose of the statute: Provided 
further, That the Secretary may waive the requirements that 
activities benefit persons of low and moderate income, except 
that at least 50 percent of the funds under this heading must 
benefit primarily persons of low and moderate income unless the 
Secretary makes a finding of compelling need: Provided further, 
That, upon a finding of compelling need, the Secretary must 
provide an explanation of the finding to the Committees on 
Appropriations: Provided further, That all funds under this 
heading shall be allocated by the Secretary to states 
(including Indian tribes for all purposes under this heading) 
to be administered by each state in conjunction with its 
Federal Emergency Management Agency program or its community 
development block grants program or by the entity designated by 
its Chief Executive Officer to administer the HOME Investment 
Partnerships Program: Provided further, That each state shall 
provide not less than 25 percent in non-Federal public matching 
funds or its equivalent value (other than administrative costs) 
for any funds allocated to the state under this heading: 
Provided further, That, in conjunction with the Director of the 
Federal Emergency Management Agency (the Director), the 
Secretary shall allocate funds based on the unmet needs 
identified by the Director as those which have not or will not 
be addressed by other federal disaster assistance programs: 
Provided further, That, in conjunction with the Director, the 
Secretary shall utilize annual disaster cost estimates in order 
that the funds under this heading shall be available, to the 
maximum extent feasible, to assist states with all 
Presidentially declared disasters designated during these 
fiscal years: Provided further, That the Secretary shall 
publish a notice in the Federal Register governing the 
allocation and use of the community development block grants 
funds made available under this heading for disaster areas: 
Provided further, That any project or activity underway prior 
to a Presidentially declared disaster may not receive funds 
under this heading unless the disaster directly impacted the 
project: Provided further, That 10 days prior to distribution 
of funds, the Secretary and the Director shall submit a list to 
the Committees on Appropriations, setting forth the proposed 
uses of funds, including an explanation of why other Federal 
disaster assistance programs do notcover the costs of unmet 
needs identified by the Director, the most recent estimates of unmet 
needs (including all uses of waivers and the reasons therefore), and an 
explanation of how the disaster impacted the proposed project: Provided 
further, That the Secretary and the Director shall submit quarterly 
reports to the Committees on Appropriations regarding the actual 
projects, localities and needs for which funds have been provided: 
Provided further, That these reports shall be based upon quarterly 
reports submitted to the Secretary and the Director by each state 
receiving funds under this heading: Provided further, That the entire 
amount shall be available only to the extent an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined by the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                           INDEPENDENT AGENCY

                  Federal Emergency Management Agency


                            disaster relief


    For an additional amount for ``Disaster relief'', 
$906,000,000, to remain available until expended: Provided, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress.

           TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION

                               CHAPTER 1

                       Department of Agriculture


                      agriculture research service


      ``Agriculture Research Service'', Department of 
Agriculture, $23,000,000, for additional counterdrug research 
and development activities: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
such amounts shall be available only to the extent an official 
budget request for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in such Act is transmitted by the 
President to the Congress.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                    Drug Enforcement Administration


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses'', 
$10,200,000, to remain available until expended, of which the 
entire amount shall be available only to the extent that an 
official budget request that includes the designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                 Immigration and Naturalization Service


                         salaries and expenses


                     enforcement and border affairs


    For an additional amount for Salaries and Expenses, 
Enforcement and Border Affairs, $10,000,000, to remain 
available until expended, of which the entire amount shall be 
available only to the extent that an official budget request 
that includes the designation of the entire amount of the 
request as an emergency requirement as defined inthe Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided, That the entire 
amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                               CHAPTER 3

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

    For an additional amount for ``International Narcotics 
Control and Law Enforcement'', $232,600,000, to remain 
available until expended: Provided, That such funds shall be 
made available subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That the 
entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                           operating expenses

    For an additional amount for necessary expenses for the 
operation and maintenance of the Coast Guard, not otherwise 
provided for, $16,300,000, available solely for expenses 
related to the expansion of drug interdiction activities around 
Puerto Rico, the United States Virgin Islands, and other 
transit zone areas of operation, including costs to operate and 
maintain PC-170 patrol craft offered by the Department of 
Defense: Provided, That $4,000,000 of these funds shall be used 
only for the establishment and operating costs of a Caribbean 
International Support Tender, to train and support foreign 
coast guards in the Caribbean region: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress.

              acquisition, construction, and improvements

    For an additional amount for acquisition, construction, 
renovation, and improvement of facilities and equipment, to be 
available for expansion of Coast Guard drug interdiction 
activities, $117,400,000, to remain available until expended: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress.

                               CHAPTER 5

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses


                     (including transfer of funds)


    For an additional amount for ``Salaries and Expenses'', 
$1,500,000, to remain available until expendedfor necessary 
expenses for an interagency money laundering initiative: Provided, That 
funds shall be available for transfer to the National Foreign 
Intelligence Program: Provided further, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985: Provided further, That none of 
the funds provided under this heading may be obligated until fifteen 
days after notice thereof has been transmitted to the Committees on 
Appropriations.

                     United States Customs Service


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses'', 
$106,300,000, to remain available until expended for 
counterdrug initiatives: Provided, That the entire amount shall 
be available only to the extent that an official budget request 
for a specific dollar amount that includes designation of the 
entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided further, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985: Provided further, That none of the 
funds provided under this heading may be obligated until 
fifteen days after notice thereof has been transmitted to the 
Committees on Appropriations.


  operation, maintenance and procurement, air and marine interdiction 
                                programs


    For an additional amount for ``Operation, Maintenance and 
Procurement, Air and Marine Interdiction Programs'', 
$162,700,000, to remain available until expended: Provided, 
That of the amount provided, $153,000,000 shall be available 
for the procurement and conversion of two P-3B AEW aircraft and 
four P-3B Slick aircraft to be transferred from the Department 
of Defense to the Customs Service: Provided further, That the 
entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985: 
Provided further, That none of the funds provided under this 
heading may be obligated until fifteen days after notice 
thereof has been transmitted to the Committees on 
Appropriations.


  customs facilities, construction, improvements and related expenses


    For an additional amount for ``Customs Facilities, 
Construction, Improvements and Related Expenses'', $7,000,000, 
to remain available until expended: Provided, That the entire 
amount shall be available only to the extent that an official 
budget request for a specific dollar amount that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided further, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985: Provided 
further, That none of the funds provided under this heading may 
be obligated until fifteen days after notice thereof has been 
transmitted to the Committees on Appropriations.

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                 Office of National Drug Control Policy


                         salaries and expenses


    For an additional amount for ``Salaries and Expenses'', 
$1,200,000: Provided, That the entire amount shall be available 
only to the extent that an official budget request for a 
specific dollar amount that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985: Provided further, That none of the funds 
provided under this heading may be obligated until fifteen days 
after notice thereof has been transmitted to the Committees on 
Appropriations.


                        special forfeiture fund


                     (including transfer of funds)


    For an additional amount to support the National Drug Court 
Institute, $2,000,000, to remain available until expended: 
Provided, That the entire amount shall be available for 
transfer to the National Drug Court Institute: Provided 
further, That the entire amount shall be available only to the 
extent that an official budget request for a specific dollar 
amount that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985: 
Provided further, That none of the funds provided under this 
heading may be obligated until fifteen days after notice 
thereof has been transmitted to the Committees on 
Appropriations.

                      TITLE VI--GENERAL PROVISION

    No part of any appropriation contained in this Division of 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein.

                       DIVISION C--OTHER MATTERS

                         TITLE I--OTHER MATTERS


        acting treasury inspector general for tax administration


    Sec. 101. (a) In General.--Notwithstanding any other 
provision of law, the President may appoint an acting Treasury 
Inspector General for Tax Administration to serve during the 
period--
            (1) beginning on the date of the enactment of this 
        section (or, if later, the date of the appointment), 
        and
            (2) ending on the earlier of--
                    (A) April 30, 1999, or
                    (B) the date on which the first Treasury 
                Inspector General for Tax Administration takes 
                office (other than pursuant to this section).
    (b) Duties Before January 18, 1999.--The acting Treasury 
Inspector General for Tax Administration appointed under 
subsection (a) shall, before January 18, 1999, take only such 
actions as are necessary to begin operation of the Office of 
Treasury Inspector General for Tax Administration, including--
            (1) making interim arrangements for administrative 
        support for the Office,
            (2) establishing interim positions in the Office 
        into which personnel will be transferred upon the 
        transfer of functions and duties to the Office on 
        January 18, 1999,
            (3) appointing such acting personnel on an interim 
        basis as may be necessary upon the transfer of 
        functions and duties to the Office on January 18, 1999, 
        and
            (4) providing guidance and input for the fiscal 
        year 2000 budget process for the Office.
    (c) Actions Not To Limit Authority of IG.--None of the 
actions taken by an individual appointed under subsection (a) 
shall affect the future authority of any Treasury Inspector 
General for Tax Administration not appointed under subsection 
(a).
    (d) Limitations.--
            (1) Nomination.--No individual appointed under 
        subsection (a) may serve on or after January 19, 1999, 
        unless on or before such date the President has 
        submitted to the Senate his nomination of an individual 
        to serve as the first Treasury Inspector General for 
        Tax Administration.
            (2) Treasury inspector general may not serve.--No 
        individual appointed under subsection (a) may serve 
        during any period such individual is serving as the 
        Inspector General of the Treasury of the United States 
        or the acting Inspector General of the Treasury of the 
        United States.
            (3) Employment restrictions.--The provisions of 
        section 8D(j) of the Inspector General Act of 1978 (5 
        U.S.C. App.) shall apply to any individual appointed 
        under subsection (a).
    Sec. 102. Section 122 of Public Law 105-119 (5 U.S.C. 3104 
note) is amended--
            (1) by amending subsection (g) to read as follows:
    ``(g)(1) Notwithstanding any other provision of law and 
subject to paragraph (2), the Secretary of the Treasury is 
authorized to establish, for a period of three years from date 
of enactment of this provision, a personnel management 
demonstration project providing for the compensation and 
performance management of not more than a combined total of 950 
employees who fill critical scientific, technical, engineering, 
intelligence analyst, language translator, and medical 
positions in the Bureau of Alcohol, Tobacco and Firearms, the 
United States Customs Service, and the United States Secret 
Service.
    ``(2) The provisions of subsections (b) through (f) and 
subsection (h) shall apply to the demonstration project 
authorized by paragraph (1) except that--
            ``(A) any reference in such subsections to the 
        Director of the Federal Bureau of Investigation shall 
        include a reference to the Secretary of the Treasury;
            ``(B) the operating plan required by subsection (d) 
        shall be submitted not later than February 1, 1999 to 
        the House and Senate Committees on Appropriations, the 
        House Committee on Government Reform and Oversight, the 
        Senate Committee on Governmental Affairs, the House 
        Committee on Ways and Means, and the Senate Committee 
        on Finance; and
            ``(C) the report required by subsection (f) shall 
        be submitted not later than March 31, 2001.''; and
    (2) by amending subsection (h) to read as follows--
    ``(h) The authority to establish a demonstration project 
under this section shall terminate on November 26, 2000.''.
    Sec. 103. Section 824 of the Foreign Service Act is 
amended:
            (1) in subsection (a)(1)(A) by inserting ``or in 
        the case of a waiver under subsection (g)'' after 
        ``subsection (b)''; and
            (2) by adding the following new subsections (g) and 
        (h) at the end:
    ``(g) The Secretary of State may waive the application of 
the paragraphs (a) through (d) of this section, on a case-by-
case basis, for an annuitant reemployed on a temporary basis, 
but only if, and for so long as, the authority is necessary due 
to an emergency involving a direct threat to life or property 
or other unusual circumstances.
    ``(h) A reemployed annuitant as to whom a waiver under 
subsection (g) is in effect shall not be considered a 
participant for purposes of subchapter I or subchapter II, or 
an employee for purposes of chapter 83 or 84 of title 5, United 
States Code.''.
    Sec. 104. Title II of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (Public Law 99-399) is amended by 
adding the following new section at the end:

``SEC. 206. CONTRACTING AUTHORITY.

    ``The Secretary of State is authorized to employ 
individuals or organizations by contract to carry out the 
purposes of this Act, and individuals employed by contract to 
perform such services shall not by virtue of such employment be 
considered to be employees of the United States Government for 
purposes of any law administered by the Office of Personnel 
Management (except that the Secretary may determine the 
applicability to such individuals of any law administered by 
the Secretary concerning the employment of such individuals); 
and such contracts are authorized to be negotiated, the terms 
of the contracts to be prescribed, and the work to be 
performed, where necessary, without regard to such statutory 
provisions as relate to the negotiation, making and performance 
of contracts and performance of work in the United States.''.


                intrastate bus transportation in hawaii


    Sec. 106. Section 14501(a)(1) of Title 49, United States 
Code, is amended by striking ``operations'' and inserting 
``operations, or to intrastate bus transportation of any nature 
in the State of Hawaii''.
    Sec. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply 
to emergency relief projects resulting from the flooding in the 
State of California in January and March 1995.
      Sec. 108. For the purpose of any Rule of the House of 
Representatives, notwithstanding any other provision of law, 
any obligation limitation relating to surface transportation 
projects under section 1602 of P.L. 105-178 shall be assumed to 
be administered on the basis of sound program management 
practices that are consistent with past practices of the 
administering agency permitting States to decide High Priority 
Project funding priorities within state program allocations.


                         operation of trailers


    Sec. 109. (a) Registration of Trailers.--A State that 
requires annual registration of container chassis and the 
apportionment of fees for such registrations in accordance with 
the International Registration Plan (as defined under section 
31701 of title 49, United States Code) shall not limit the 
operation, or require the registration, in the State of a 
container chassis (or impose fines or penalties on the 
operation of a container chassis for being operated in the 
State without a registration issued by the State) if such 
chassis--
            (1) is registered under the laws of another State; 
        and
            (2) is operating under a trip permit issued by the 
        State.
    (b) Limitation on Registration of Trailers.--A State 
described in subsection (a) may not deny the use of trip 
permits for the operation in the State of a container chassis 
that is registered under the laws of another State.
    (c) Safety Regulation.--This section shall apply to 
registration requirements only and shall not affect the ability 
of the State to regulate for safety.
    (d) Penalties.--No State described in subsection (a), 
political subdivision of such a State, or person may impose or 
collect any fee, penalty, fine, or other form of damages which 
is based in whole or in part upon the nonpayment of a State 
registration fee (including relatedweight and licensing fees 
assessed as part of registration) attributable to a container chassis 
operated in the State (and registered in another State) before the date 
of enactment of this Act, unless it is shown by the State, political 
subdivision, or person that such container chassis was not operated in 
the State under a trip permit issued by the State.
    (e) Container Chassis Defined.--In this section, the term 
``container chassis'' means a trailer, semi-trailer, or 
auxiliary axle used exclusively for the transportation of ocean 
shipping containers.


         reauthorization of the federal aviation administration


    Sec. 110. (a) Period of Applicability of Certain 
Amendments.--Effective September 29, 1998, section 125 of the 
Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 47114 
note; 110 Stat. 3220) is repealed.
    (b) Airport Improvement Program.--
            (1) Authorization of appropriations.--Section 48103 
        of title 49, United States Code, is amended--
                    (A) by striking ``September 30, 1996'' and 
                inserting ``September 30, 1998''; and
                    (B) by striking ``$2,280,000,000'' and all 
                that follows through the period at the end and 
                inserting the following: ``$1,205,000,000 for 
                the six-month period beginning October 1, 
                1998''.
            (2) Obligational authority.--Section 47104(c) of 
        title 49, United States Code, is amended by striking 
        ``September 30, 1998'' and inserting ``March 31, 
        1999''.
    (c) Aviation Insurance Program Amendments.--
            (1) Reimbursement of insured party's subrogee.--
        Section 44309(a) of title 49, United States Code, is 
        amended to read as follows:
    ``(a) Losses.--
            ``(1) Actions against united states.--A person may 
        bring a civil action in a district court of the United 
        States or in the United States Court of Federal Claims 
        against the United States Government when--
                    ``(A) a loss insured under this chapter is 
                in dispute; or
                    ``(B)(i) the person is subrogated under a 
                contract between the person and a party insured 
                under this chapter (other than section 
                44305(b)) to the rights of the insured party 
                against the United States Government; and
                    ``(ii) the person has paid to the insured 
                party, with the approval of the Secretary of 
                Transportation, an amount for a physical damage 
                loss that the Secretary has determined is a 
                loss covered by insurance issued under this 
                chapter (other than section 44305(b)).
            ``(2) Limitation.--A civil action involving the 
        same matter (except the action authorized by this 
        subsection) may not be brought against an agent, 
        officer, or employee of the Government carrying out 
        this chapter.
            ``(3) Procedure.--To the extent applicable, the 
        procedure in an action brought under section 1346(a)(2) 
        of title 28, United States Code, applies to an action 
        under this subsection.''.
            (2) Extension of aviation insurance program.--
        Section 44310 of such title is amended by striking 
        ``December 31, 1998.'' and inserting ``March 31, 
        1999.''.
    (d) Eligibility of AIP Funds to Assess Y2K Compliance.--
            (1) Eligibility.--For fiscal year 1999 the term 
        ``airport development'' under section 47102(3) of title 
        49, United States Code, may include activities of an 
        airport sponsor of a commercial service airport (as 
        defined by section 47102(7) of such title) to assess 
        the Year 2000 processing capabilities of any airport 
        facilities, technology systems, or equipment owned by 
        the airport sponsor and directly related to airport 
        activities, regardless of whether such facilities, 
        systems, or equipment are otherwise eligible for 
        assistance under chapter 471 of such title. Such 
        activities may include testing associated with such 
        assessment.
            (2) Limitations.--
                    (A) Only funds apportioned to sponsors 
                under section 47114(c) of title 49, United 
                States Code, or to States under subsections (d) 
                and (e) of section 47114 of such title, may be 
                used for activities described in paragraph (1).
                    (B) The expanded eligibility under 
                paragraph (1) applies only to the assessment 
                (and associated testing) with respect to the 
                Year 2000 processing capabilities of airport 
                facilities, systems, and equipment owned by the 
                airport sponsor.
            (3) Definition.--In this subsection, the term 
        ``Year 2000 processing'' means the processing 
        (including, without limitation, calculating, comparing, 
        sequencing, displaying, or storing), transmitting, 
orreceiving of date or date/time data from, into, and between the 
twentieth and twenty-first centuries, and the years 1999 and 2000, and 
leap year calculations.
    (e) Scorekeeping Adjustment.--Notwithstanding Rule 3 of the 
Budget Scorekeeping Guidelines set forth in the Joint 
Explanatory Statement of the Committee of Conference 
accompanying Conference Report No. 105-217, legislation in this 
section that would have been estimated by the Office of 
Management and Budget as changing direct spending or receipts 
under section 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 were it included in an Act other than an 
appropriation Act shall be treated as direct spending or 
receipts legislation, as appropriate, under section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    (f) Joint Venture Agreements.--
            (1) In general.--Subchapter I of chapter 417 is 
        amended by adding at the end the following:

``Sec. 41716. Joint venture agreements

    ``(a) Definitions.--In this section, the following 
definitions apply:
            ``(1) Joint venture agreement.--The term `joint 
        venture agreement' means an agreement entered into by a 
        major air carrier on or after January 1, 1998, with 
        regard to (A) code-sharing, blocked-space arrangements, 
        long-term wet leases (as defined in section 207.1 of 
        title 14, Code of Federal Regulations) of a substantial 
        number (as defined by the Secretary by regulation) of 
        aircraft, or frequent flyer programs, or (B) any other 
        cooperative working arrangement (as defined by the 
        Secretary by regulation) between 2 or more major air 
        carriers that affects more than 15 percent of the total 
        number of available seat miles offered by the major air 
        carriers.
            ``(2) Major air carrier.--The term `major air 
        carrier' means a passenger air carrier that is 
        certificated under chapter 411 of this title and 
        included in Carrier Group III under criteria contained 
        in section 04 of part 241 of title 14, Code of Federal 
        Regulations.
      ``(b) Submission of Joint Venture Agreement.--At least 30 
days before a joint venture agreement may take effect, each of 
the major air carriers that entered into the agreement shall 
submit to the Secretary--
            ``(1) a complete copy of the joint venture 
        agreement and all related agreements; and
            ``(2) other information and documentary material 
        that the Secretary may require by regulation.
    ``(c) Extension of Waiting Period.--
            ``(1) In general.--The Secretary may extend the 30-
        day period referred to in subsection (b) until--
                    ``(A) in the case of a joint venture 
                agreement with regard to code-sharing, the 
                150th day following the last day of such 
                period; and
                    ``(B) in the case of any other joint 
                venture agreement, the 60th day following the 
                last day of such period.
            ``(2) Publication of reasons for extension.--If the 
        Secretary extends the 30-day period referred to in 
        subsection (b), the Secretary shall publish in the 
        Federal Register the Secretary's reasons for making the 
        extension.
      ``(d) Termination of Waiting Period.--At any time after 
the date of submission of a joint venture agreement under 
subsection (b), the Secretary may terminate the waiting periods 
referred to in subsections (b) and (c) with respect to the 
agreement.
      ``(e) Regulations.--The effectiveness of a joint venture 
agreement may not be delayed due to any failure of the 
Secretary to issue regulations to carry out this section.
      ``(f) Memorandum To Prevent Duplicative Reviews.--
Promptly after the date of enactment of this section, the 
Secretary shall consult with the Assistant Attorney General of 
the Antitrust Division of the Department of Justice in order to 
establish, through a written memorandum of understanding, 
preclearance procedures to prevent unnecessary duplication of 
effort by the Secretary and the Assistant Attorney General 
under this section and the antitrust laws of the United States, 
respectively.
      ``(g) Prior Agreements.--With respect to a joint venture 
agreement entered into before the date of enactment of this 
section as to which the Secretary finds that--
            ``(1) the parties submitted the agreement to the 
        Secretary before such date of enactment; and
            ``(2) the parties submitted all information on the 
        agreement requested by the Secretary,
    the waiting period described in paragraphs (2) and (3) 
shall begin on the date, as determined by the Secretary, on 
which all such information was submitted and end on the last 
day to which the period could be extended under this section.
      ``(h) Limitation on Statutory Construction.--The 
authority granted to the Secretary under this section shall not 
in any way limit the authority of the Attorney General to 
enforce the antitrust laws as defined in the first section of 
the Clayton Act (15 U.S.C. 12).''.
            (2) Conforming amendment.--The analysis for 
        subchapter I of chapter 417 is amended by adding at the 
        end the following:

``41716. Joint venture agreements.''.

    (g) Competitive Practices in the Airline Industry.--
            (1) National research council.--
                    (A) Study.--The National Research Council 
                of the National Academy of Sciences shall 
                complete a comprehensive update of the 1991 
                study of airline deregulation prepared by the 
                Transportation Research Board of the Council. 
                The update shall include updated versions of 
                the chapters contained in the study pertaining 
                to competitive issues in the airline industry 
                as well as recommendations for changes in the 
                statutory framework under which the airline 
                industry operates.
                    (B) Report by national research council.--
                Not later than 6 months after the date of 
                enactment of this Act, the National Research 
                Council shall transmit to Congress and the 
                Secretary of Transportation a report containing 
                the results of the study conducted under 
                paragraph (A).
                    (C) Report by the secretary.--Not later 
                than 2 months after the date on which the 
                Secretary receives the report of the National 
                Research Council under paragraph (B), the 
                Secretary shall transmit to Congress a report 
                containing the response of the Secretary to the 
                findings and recommendations of the National 
                Research Council.
            (2) Report to congress.--The Secretary shall 
        conduct a study and transmit to Congress a report that 
        includes--
                    (A) a description of any complaints 
                received by the Secretary concerning acts of 
                unfair competition or predatory pricing in the 
                airline industry (including the number of such 
                complaints) and of specific examples of such 
                acts;
                    (B) a description of the options of the 
                Secretary for addressing any acts of unfair 
                competition or predatory pricing identified 
                under paragraph (a);
                    (C) an analysis of the guidelines proposed 
                in Docket OST-98-3713, including information 
                documenting and quantifying the impact of the 
                guidelines on the items listed in subsection 
                (3)(C); and
                    (D) a description of the manner in which 
                the Secretary plans to coordinate the handling 
                of predatory pricing and unfair competition 
                complaints against air carriers filed with the 
                Secretary and similar complaints filed with the 
                Attorney General, including methods to ensure 
                efficient use of limited government resources 
                and to ensure that all parties avoid duplicate 
                requests by government agencies for information 
                unless each of the agencies needs the 
                information to carry out its statutory 
                responsibilities.
            (3) Guidelines.--
                    (A) Issuance.--The Secretary shall not 
                issue final guidelines in Docket OST-98-3713 
                before the date of transmittal to Congress of a 
                report under subsection (2).
                    (B) Transmittal to congress.--If the 
                Secretary issues final guidelines in Docket 
                OST-98-3713, the Secretary shall transmit the 
                guidelines to Congress.
                    (C) Impact of guidelines.--If, as a result 
                of the study conducted under subsection (2), 
                the Secretary decides to issue final guidelines 
                in Docket OST-98-3713 that are different from 
                the guidelines originally proposed, the 
                Secretary shall, as part of the transmittal 
                under paragraph (B), include information that 
                documents and quantifies the impact of the 
                guidelines on the following:
                            (i) Scheduled service to small- and 
                        medium-sized communities.
                            (ii) Airfares, including the 
                        availability of senior citizen, 
                        Internet, and standby discounts on 
                        routes covered by the guidelines.
                            (iii) The incentive and ability of 
                        major air carriers to offer low 
                        airfares.
                            (iv) The incentive of new entrant 
                        air carriers to offer low airfares.
                            (v) The ability of air carriers to 
                        offer inclusive leisure travel for 
                        which airfares are not separately 
                        advertised.
                            (vi) Members of frequent flyer 
                        programs.
                            (vii) The ability of air carriers 
                        to carry non-origination and 
                        destination traffic on the portion of 
                        routes that are served by new entrant 
                        air carriers covered by the guidelines.
                            (viii) Airline employees.
            (4) Consultation.--In conducting the study under 
        section (2), the Secretary shall consult with the 
        Attorney General, major air carriers, new entrant air 
        carriers, airport and community leaders, academic and 
        economic experts, and airline employees and passengers.
            (5) Effective date.--The guidelines adopted in 
        Docket OST-98-3713, or any similar guidelines, shall 
        not become effective before the last day of the 12-week 
        period beginning on the date of transmittal to Congress 
        of final guidelines in Docket OST-98-3713, except that 
        a week shall not count toward such 12-week period 
        unless the House of Representatives is in session for 
        legislative business at least 1 day during the week.


                  steel imports into the united states


    Sec. 111. (a) Findings.--Congress makes the following 
findings:
            (1) The current financial crises in Asia, the 
        independent States of the former Soviet Union (as 
        defined in section 3 of the FREEDOM Support Act), 
        Russia, and other areas of the world, involve 
        significant depreciation in the currencies of several 
        key steel-producing and steel-consuming countries, 
        along with a collapse in the domestic demand for steel 
        in the countries.
            (2) The crises have generated and will continue to 
        generate increases in United States imports of steel, 
        both from the countries whose currencies have been 
        depreciated and from other Asian steel-producing 
        countries that are no longer able to export steel to 
        the countries that are experiencing an economic crisis.
            (3) United States imports of finished steel mill 
        products from Asian steel-producing countries, such as 
        the People's Republic of China, Japan, Korea, India, 
        Taiwan, Indonesia, Thailand, and Malaysia, increased by 
        79 percent in the first 5 months of 1998.
            (4) Year-to-date imports of steel from Russia now 
        exceed the record import levels of 1997, and steel 
        imports from Russia and the Ukraine now approach 
        2,500,000 net tons.
            (5) Foreign government trade restrictions and 
        private restraints of trade distort international trade 
        and investment patterns and result in burdens on United 
        States commerce, including absorption of a 
        disproportionate share of steel diverted from other 
        countries.
            (6) The European Union, for example, despite also 
        being a major economy, in 1997 imported only one-tenth 
        as much finished steel products from Asian steel-
        producing countries as the United States did and has 
        restricted imports of steel from the independent states 
        of the former Soviet Union and Russia.
            (7) The United States is simultaneously facing a 
        substantial increase in steel imports from the 
        independent states of the former Soviet Union and 
        Russia, caused in part by the closure of Asian markets 
        to steel imports.
            (8) There is a well recognized need for improvement 
        in the enforcement of the United States trade laws to 
        provide an effective response to situations of such 
        increased imports.
    (b) Sense of Congress.--Congress calls upon the President 
to--
            (1) pursue enhanced enforcement of the United 
        States trade laws with respect to the increase in steel 
        imports into the United States, using all remedies 
        available under United States laws including imposition 
        of offsetting duties, quantitative restrictions, and 
        other appropriate remedial measures;
            (2) pursue with all methods at the President's 
        disposal to achieve a more equitable sharing of the 
        burden of accepting imports of finished steel products 
        from Asia and the independent states of the former 
        Soviet Union;
            (3) establish a task force within the executive 
        branch that has responsibility for closely monitoring 
        imports of steel into the United States; and
            (4) report to Congress not later than January 5, 
        1999, with a comprehensive plan for responding to the 
        increase in steel imports, including ways of limiting 
        the deleterious effects on employment, prices, and 
        investment in the United States steel industry.


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


    Sec. 112. (a) Acquisition.--The Secretary of the Interior 
is authorized to acquire on a willing seller basis, at a cost 
of not to exceed $600,000, the tract of land known as ``Spirit 
Mound'', located on South Dakota Highway 19 near Vermilion, 
South Dakota.
    (b) Inclusion on the Lewis and Clark Trail.--The tract 
described in subsection (a) shall be administered as part of 
the Lewis and Clark National Historic Trail.
    (c) Cooperative Agreement.--The Secretary of the Interior 
shall enter into a cooperative agreement with Lewis and Clark/
Spirit Mound Trust Inc., providing for the restoration, 
interpretation, and long-term preservation of, and public 
access to, Spirit Mound.
    Sec. 113. (a) Designation of Dick Cheney Federal 
Building.--The Federal Building and Post Office located at 100 
East B Street, Casper, Wyoming, shall be known and designated 
as the ``Dick Cheney Federal Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
Federal Building and Post Office referred to in subsection (a) 
shall be deemed to be a reference to the ``Dick Cheney Federal 
Building''.
    Sec. 114. (a) Designation.--The United States Post Office 
located at 297 Larkfield Road in East Northport, New York, 
shall be known and designated as the ``Jerome Anthony Ambro, 
Jr. Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Post Office referred to in subsection (a) shall 
be deemed to be a reference to the ``Jerome Anthony Ambro, Jr. 
Post Office Building''.


           designation of lieutenant henry o. flipper station


    Sec. 115. (a) In General.--The facility of the United 
States Postal Service located at Tall Timbers Village Square, 
United States Highway 19 South, in Thomasville, Georgia, shall 
be known and designated as the ``Lieutenant Henry O. Flipper 
Station''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
facility of the United States Postal Service referred to in 
subsection (a) shall be deemed to be a reference to the 
``Lieutenant Henry O. Flipper Station''.


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


    Sec. 116. (a) Designation.--The United States Postal 
Service building located at 3191 Grand Avenue in Coconut Grove, 
Florida, shall be known and designated as the ``William R. 
`Billy' Rolle Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``William R. `Billy' Rolle Post Office 
Building''.


                   helen miller post office building


    Sec. 117. (a) Designation.--The United States Postal 
Service building located at 550 Fisherman Street in Opa Locka, 
Florida, shall be known and designated as the ``Helen Miller 
Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Helen Miller Post Office Building''.


                    essie silva post office building


    Sec. 118. (a) Designation.--The United States Postal 
Service building located at 18690 N.W. 37th Avenue in Carol 
City, Florida, shall be known and designated as the ``Essie 
Silva Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Essie Silva Post Office Building''.


                   athalie range post office building


    Sec. 119. (a) Designation.--The United States Postal 
Service building located at 500 North West 2d Avenue in Miami, 
Florida, shall be known and designated as the ``Athalie Range 
Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Athalie Range Post Office Building''.


                 garth reeves, sr. post office building


    Sec. 120. (a) Designation.--The United States Postal 
Service building located at 995 North West 119th Street in 
Miami, Florida, shall be known and designated as the ``Garth 
Reeves, Sr. Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Garth Reeves, Sr. Post Office Building''.
    Sec. 121. (a) Designation.--The United States Post Office 
located at 16250 Highway 603 in Kiln, Mississippi, shall be 
known and designated as the ``Ray J. Favre Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Post Office referred to in subsection (a) shall 
be deemed to be a reference to the ``Ray J. Favre Post Office 
Building''.
    Sec. 122. (a) Redesignation.--The building of the United 
States Postal Service located at 2419 West Monroe Street, in 
Chicago, Illinois, and known as the MidwestPost Office 
Building, shall be known and designated as the ``Nancy B. Jefferson 
Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Nancy B. Jefferson Post Office Building''.
    Sec. 123. (a) Redesignation.--The facility of the United 
States Postal Service located at 9719 Candelaria Road NE in 
Albuquerque, New Mexico, and known as the Eldorado Station Post 
Office, shall be known and designated as the ``Steve Schiff 
Post Office''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
facility referred to in subsection (a) shall be deemed to be a 
reference to the ``Steve Schiff Post Office''.
    Sec. 124. (a) Designation.--The United States Post Office 
located at 860 Penniman Avenue in Plymouth, Michigan, shall be 
known and designated as the ``Carl D. Pursell Post Office''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Post Office referred to in subsection (a) shall 
be deemed to be a reference to the ``Carl D. Pursell Post 
Office''.
    Sec. 125. (a) Designation.--The United States Post Office 
located at 202 Center Street in Garwood, New Jersey, shall be 
known and designated as the ``James T. Leonard, Sr. Post 
Office''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Post Office referred to in subsection (a) shall 
be deemed to be a reference to the ``James T. Leonard, Sr. Post 
Office''.


              edgar c. campbell, sr., post office building


    Sec. 126. (a) Designation.--The United States Postal 
Service building located at 658 63rd Street, in Philadelphia, 
Pennsylvania, shall be known and designated as the ``Edgar C. 
Campbell, Sr., Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Edgar C. Campbell, Sr., Post Office 
Building''.


             david p. richardson, jr., post office building


    Sec. 127. (a) Designation.--The United States Postal 
Service building located at 5209 Greene Street, in 
Philadelphia, Pennsylvania, shall be known and designated as 
the ``David P. Richardson, Jr., Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``David P. Richardson, Jr., Post Office 
Building''.
    Sec. 128. (a) Redesignation.--The building of the United 
States Postal Service located at 324 South Laramie Street, in 
Chicago, Illinois, and known as the Austin Post Office 
Building, shall be known and designated as the ``Reverend 
Milton R. Brunson Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Reverend Milton R. Brunson Post Office 
Building''.
    Sec. 129. Designation. (a) In General.--The facility of the 
United States Postal Service located at 3750 North Kedzie 
Avenue in Chicago, Illinois, shall be known and designated as 
the ``Daniel J. Doffyn Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Post Office building referredto in subsection (a) 
shall be deemed to be a reference to the ``Daniel J. Doffyn Post Office 
Building''.
    Sec. 130. (a) Designation.--The United States Post Office 
located at 215 East Jackson Street in Painesville, Ohio, as the 
``Karl Bernal Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Post Office referred to in subsection (a) shall 
be deemed to be a reference to the ``Karl Bernal Post Office 
Building''.
    Sec. 131. (a) Designation.--The United States Post Office 
located at 95 West #100 South in Provo, Utah, shall be known 
and designated as the ``Howard C. Nielson Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
United States Post Office referred to in subsection (a) shall 
be deemed to be a reference to the ``Howard C. Nielson Post 
Office Building''.
    Sec. 132. (a) Designation.--The United States Postal 
Service building located at 11550 Livingston Road, in Fort 
Washington, Maryland, shall be known and designated as the 
``Jacob Joseph Chestnut Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
building referred to in subsection (a) shall be deemed to be a 
reference to the ``Jacob Joseph Chestnut Post Office 
Building''.
    Sec. 133. (a) Designation.--The Federal building located at 
309 North Church Street in Dyersburg, Tennessee, shall be known 
and designated as the ``Jere Cooper Federal Building''.
    (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
Federal building referred to in subsection (a) shall be deemed 
to be a reference to the ``Jere Cooper Federal Building''.
    Sec. 134. Notwithstanding any other law, sections 101 (d), 
(k), (p), (s) and (x) of the Omnibus Personnel Reform Amendment 
Act of 1998, D.C. Law 12-124, effective June 11, 1998, are 
enacted into law.
    Sec. 135. (a) Any right, title, or interest of the United 
States in the property described in subsection (b) is hereby 
waived.
    (b) The property described in this subsection is certain 
real property comprised of approximately 106.94 acres of land 
located in Anne Arundel County in the State of Maryland, said 
property being originally approximately 144.5 acres of land 
granted to the United States to be held in title by the 
``Commissioners of the District of Columbia on behalf of the 
United States of America'', in fee simple, by a Judgment of 
Taking in U.S. District Court, Civil Action Number 2391, saving 
and excepting therefrom approximately 37.57 acres of land by 
deed dated June 17, 1947, and recorded at Liber 584, Folio 591.


               flood mitigation near pierre, south dakota


    Sec. 136. (a) In General.--
            (1) Land acquisition.--To provide full operational 
        capability to carry out the authorized purposes of the 
        Missouri River Main Stem dams that are part of the 
        Pick-Sloan Missouri River Basin Program authorized by 
        section 9 of the Act entitled ``An Act authorizing the 
        construction of certain public works on rivers and 
        harbors for flood control, and other purposes'', 
        approved December 22, 1944, the Secretary may acquire 
        from willing sellers such land and property in the 
        vicinity of Pierre, South Dakota, or floodproof or 
        relocate such property within the project area, as the 
        Secretary determines is adversely affected by the full 
        wintertime Oahe Powerplant releases.
            (2) Ownership and use.--Any land that is acquired 
        under this authority shall be kept in publicownership 
and will be dedicated and maintained in perpetuity for a use that is 
compatible with any remaining flood threat.
            (3) Report.--
                    (A) In general.--The Secretary shall not 
                obligate funds to implement this paragraph 
                until the Secretary has completed a report 
                addressing the criteria for selecting which 
                properties are to be acquired, relocated or 
                floodproofed, and a plan for implementing such 
                measures and has made a determination that the 
                measures are economically justified.
                    (B) Deadline.--The report shall be 
                completed not later than 180 days after funding 
                is made available.
            (4) Coordination and cooperation.--The report and 
        implementation plan--
                    (A) shall be coordinated with the Federal 
                Emergency Management Agency; and
                    (B) shall be prepared in consultation with 
                other Federal agencies, and State and local 
                officials, and residents.
            (5) Considerations.--Such report should take into 
        account information from prior and ongoing studies.
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $35,000,000.
    Sec. 137. Grand Forks, North Dakota, and East Grand Forks, 
Minnesota.--The following project for water resources 
development and conservation and other purposes is authorized 
to be carried out by the Secretary of the Army, acting through 
the Chief of Engineers, substantially in accordance with the 
plans, and subject to the conditions recommended in a final 
report of the Chief of Engineers as approved by the Secretary, 
if the report of the Chief is completed not later than December 
31, 1998: The project for flood damage reduction and 
recreation, Grand Forks, North Dakota, and East Grand Forks, 
Minnesota, at a total cost of $307,750,000, with an estimated 
Federal cost of $154,360,000 and an estimated non-Federal cost 
of $153,390,000.


                            police corps act


    Sec. 138. (a) Training Period.--
            (1) In general.--Section 200108 of the Police Corps 
        Act (42 U.S.C. 14097) is amended by striking subsection 
        (b) and inserting the following:
    ``(b) Training Sessions.--A participant in a State Police 
Corps program shall attend up to 24 weeks, but no less than 16 
weeks, of training at a training center. The Director may 
approve training conducted in not more than 3 separate 
sessions.''.
            (2) Conforming amendment.--Section 200108(c) of the 
        Police Corps Act (42 U.S.C. 14097(c)) is amended by 
        striking ``16 weeks of''.
    (b) Reauthorization.--Section 200112 of the Police Corps 
Act (42 U.S.C. 14101) is amended by striking ``$20,000'' and 
all that follows before the period and inserting ``$50,000,000 
for fiscal year 1999, $70,000,000 for fiscal year 2000, 
$90,000,000 for fiscal year 2001, and $90,000,000 for fiscal 
year 2002''.


           congressional gold medals and commemorative coins


    Sec. 139. (a) Little Rock Nine.--
            (1) The Congress hereby finds the following:
                    (A) Jean Brown Trickey, Carlotta Walls 
                LaNier, Melba Patillo Beals, Terrence Roberts, 
                Gloria Ray Karlmark, Thelma Mothershed Wair, 
                Ernest Green, Elizabeth Eckford, and Jefferson 
                Thomas, hereafter in this section referred to 
                as the ``Little Rock Nine'', voluntarily 
                subjected themselves to the bitter stinging 
                pains of racial bigotry.
                    (B) The Little Rock Nine are civil rights 
                pioneers whose selfless acts considerably 
                advanced the civil rights debate in this 
                country.
                    (C) The Little Rock Nine risked their lives 
                to integrate Central High School in Little 
                Rock, Arkansas, and subsequently the Nation.
                    (D) The Little Rock Nine sacrificed their 
                innocence to protect the American principle 
                that we are all ``one Nation, under God, 
                indivisible''.
                    (E) The Little Rock Nine have indelibly 
                left their mark on the history of the Nation.
                    (F) The Little Rock Nine have continued to 
                work toward equality for all Americans.
            (2)(A) The President is authorized to present, on 
        behalf of Congress, to Jean Brown Trickey, Carlotta 
        Walls LaNier, Melba Patillo Beals, Terrence Roberts, 
        Gloria Ray Karlmark, Thelma Mothershed Wair, Ernest 
        Green, Elizabeth Eckford, and Jefferson Thomas, 
        commonly referred to as the ``Little Rock Nine'', gold 
        medals of appropriate design, in recognition of the 
        selfless heroism such individuals exhibited and the 
        pain they suffered in the cause of civil rights by 
        integrating Central High School in Little Rock, 
        Arkansas.
            (B) For purposes of the presentation referred to in 
        subsection (A) the Secretary of the Treasury shall 
        strike a gold medal with suitable emblems, devices, and 
        inscriptions to be determined by the Secretary for each 
        recipient.
            (C) Effective October 1, 1998, there be authorized 
        to be appropriated such sums as may be necessary to 
        carry out this subsection.
            (3)(A) The Secretary of the Treasury may strike and 
        sell duplicates in bronze of the gold medals struck 
        pursuant to subsection (a)(2)(B) under such regulations 
        as the Secretary may prescribe, at a price sufficient 
        to cover the cost thereof, including labor, materials, 
        dies, use of machinery, and overhead expenses, and the 
        cost of the gold medal.
            (B) The appropriation used to carry out this 
        subsection shall be reimbursed out of the proceeds of 
        sales under subsection (a)(3)(A).
            (4) The medals struck pursuant to this subsection 
        are national medals for purposes of chapter 51 of title 
        31, United States Code.
    (b) Gerald R. and Betty Ford.--
            (1) The President is authorized to present, on 
        behalf of the Congress, to Gerald R. and Betty Ford a 
        gold medal of appropriate design--
                    (A) in recognition of their dedicated 
                public service and outstanding humanitarian 
                contributions to the people of the United 
                States; and
                    (B) in commemoration of the following 
                occasions in 1998:
                            (i) The 85th anniversary of the 
                        birth of President Ford.
                            (ii) The 80th anniversary of the 
                        birth of Mrs. Ford.
                            (iii) The 50th wedding anniversary 
                        of President and Mrs. Ford.
                            (iv) The 50th anniversary of the 
                        1st election of Gerald R. Ford to the 
                        United States House of Representatives.
                            (v) The 25th anniversary of the 
                        approval of Gerald R. Ford by the 
                        Congress to become Vice President of 
                        the United States.
            (2) For purposes of the presentation referred to in 
        subsection (b)(1), the Secretary of the Treasury shall 
        strike a gold medal with suitable emblems, devices, and 
        inscriptions to be determined by the Secretary.
            (3) There are authorized to be appropriated not to 
        exceed $20,000 to carry out this subsection.
            (4) The Secretary of the Treasury may strike and 
        sell duplicates in bronze of the gold medal struck 
        pursuant to subsection (b)(2) under such regulations as 
        the Secretary may prescribe, at a price sufficient to 
        cover the cost thereof, including labor, materials, 
        dies, use of machinery, and overhead expenses, and the 
        cost of the gold medal.
            (5) The appropriation used to carry out this 
        subsection shall be reimbursed out of the proceeds of 
        sales under subsection (b)(4).
            (6) The medals struck pursuant to this subsection 
        are national medals for purposes of chapter 51 of title 
        31, United States Code.
    (c) 6-Month Extension for Certain Sales.--Notwithstanding 
section 101(7)(D) of the United States Commemorative Coin Act 
of 1996, the Secretary of the Treasury may, at any time before 
January 1, 1999, make bulk sales at a reasonable discount to 
the Jackie Robinson Foundation of not less than 20 percent of 
any denomination of proof and uncirculated coins minted under 
section 101(7) of such Act which remained unissued as of July 
1, 1998, except that the total number of coins of any such 
denomination which were issued under such section or this 
section may not exceed the amount of such denomination of coins 
which were authorized to be minted and issued under section 
101(7)(A) of such Act.
    Sec. 140. (a) Land Conveyance, San Joaquin County, 
California.--Notwithstanding any other provision of law 
(including the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 471 et seq.)), the Attorney General shall 
convey, by quit claim deed and by negotiated sale, to the City 
of Tracy, California (in this section referred to as the 
``City''), the interest of the United States in a parcel of 
real property consisting of approximately 200 acres located in 
San Joaquin County, California, and currently administered by 
the Federal Bureau of Prisons of the Department of Justice. The 
Attorney General shall complete the conveyance to the City not 
later than 120 days after the date of the enactment of this 
Act.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Attorney General. The cost of the survey shall be borne by 
the City.
    (c) Purpose of Conveyance.--The purpose of the real 
property conveyance under subsection (a) is to permit the City 
to use approximately 150 acres of the conveyed property as the 
location of a joint secondary and post secondary educational 
facility and for other educational purposes and to use 
approximately 50 acres of the conveyed property for economic 
development. In the event that the City determines that a joint 
secondary and post secondary educational facility is unfeasible 
for the 150-acre portion of the conveyed property, the City 
shall use up to 50 acres of that portion for at least 30 years 
as the location for a secondary school and for other 
educational purposes and use up to 100 acres of that portion as 
a public park and for other recreational purposes.
    (d) Conditions on Use.--(1) The use of the real property 
conveyed under subsection (a) for educational purposes, as 
provided in subsection (c), shall be subject to the approval of 
the Secretary of Education.
    (2) The use of the conveyed real property for economic 
development, as provided in subsection (c), shall be subject to 
the approval of the Attorney General.
    (3) If a portion of the conveyed real property is used as a 
public park or for other recreational purposes, as provided in 
subsection (c), the use of such portion shall be subject to the 
approval of the Secretary of the Interior.
    (e) Reversionary Interests.--(1) If the Secretary of 
Education determines at any time that the portion of the real 
property conveyed under subsection (a) that is to be used for 
educational purposes is not being used for such purposes, all 
right, title, and interest in and to that portion of the 
property, including any improvements thereon, shall revert to 
the United States.
    (2) If the Attorney General determines at any time that the 
portion of the real property conveyed under subsection (a) that 
is to be used for economic development is not being used for 
such purposes, all right, title, and interest in and to that 
portion of the property, including any improvements thereon, 
shall revert to the United States.
    (3) If a portion of the real property conveyed under 
subsection (a) is used as a public park or for other 
recreational purposes, as provided in subsection (c), and the 
Secretary of the Interior determines that such portion is no 
longer being used for such purposes, all right, title, and 
interest in and to that portion of the property, including any 
improvements thereon, shall revert to the United States.
    (f) Additional Terms and Conditions.--The Attorney General 
may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as the Attorney 
General considers appropriate to protect the interests of the 
United States.
    Sec. 141. (a) Short Title. This section may be cited as the 
``Lorton Technical Corrections Act of 1998''.
    (b) Transfer of Land to General Services Administration. 
Section 11201 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33; D.C. 
Code 24-1201) is amended--
            (1) by redesignating the second subsection (g) and 
        subsection (h) as subsections (h) and (i);
            (2) in subsection (g)(1)--
                    (A) by inserting ``(A)'' before 
                ``Notwithstanding'';
                    (B) by striking ``Except as provided in 
                paragraph (2)'' and all that follows through 
                ``Department of the Interior.''; and
                    (C) by adding at the end the following new 
                subparagraphs:
            ``(B) Contingent on the General Services 
        Administration (GSA) receiving the necessary 
        appropriations to carry out the requirements of this 
        paragraph and subsection (g), and notwithstanding the 
        Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.), not later than 60 days 
        after the date of the enactment of the Lorton Technical 
        Corrections Act of 1998, any property on which the 
        Lorton Correctional Complex is located shall be 
        transferred to the GSA.
            ``(C) Not later than 1 year after the date of the 
        enactment of the Lorton Technical Corrections Act of 
        1998, Fairfax County shall submit a reuse plan that 
        complies with all requisite approvals to the 
        Administrator of General Services, that aims to 
        maximize use of the land for open space, park land, or 
        recreation, while delineating permissible or required 
        uses, potential development densities, and any time 
        limits on such development factors of the property on 
        which the Lorton Correctional Complex is located.
            ``(D) Not later than 180 days after the date of the 
        enactment of the Lorton Technical Corrections Act of 
        1998, the Secretary of the Interior shall notify GSA of 
        any property it requests to be transferred to the 
        Department of the Interior for the purpose of a land 
        exchange by the United States Fish and Wildlife Service 
        within the Commonwealth of Virginia or such other 
        purposes consistent with the reuse plan developed by 
        Fairfax County as the Secretary may request. The 
        Administrator of General Services shall approve the 
        Secretary's request to the extent that the request is 
        consistent with the reuse plan developed by Fairfax 
        County and does not result in a significant reduction 
        in the marketability or value of any remaining 
        property. The Administrator of General Services shall 
        coordinate with the Secretary of the Interior to 
        resolve any conflicts presented by the Department of 
        the Interior's request and shall transfer the property 
        to the Department of the Interior at no cost.
            ``(E) Any property not transferred to the 
        Department of the Interior under subparagraph (D) shall 
        be disposed of according to paragraphs (2) and (4).'';
            (3) in subsection (g)(2)(A)(ii) by striking 
        ``Department of Parks and Recreation'' each place it 
        appears and inserting ``Park Authority'';
            (4) in subsection (g) by adding at the end the 
        following new paragraphs:
            ``(4) Conditions on transfer of lorton property 
        east of ox road (state route 123).--
                    ``(A) In general.--With respect to property 
                east of Ox Road (State Route 123) on which the 
                Lorton Correctional Complex is located, the 
                Administrator of General Services shall--
                            ``(i) cooperate with the District 
                        of Columbia Corrections Trustee to 
                        determine property necessary for the 
                        Trustee tomaintain the security of the 
Lorton Correctional Complex until its closure;
                            ``(ii) prepare a report of title, 
                        complete a property description, 
                        provide protection and maintenance, 
                        conduct an environmental assessment of 
                        the property to determine the extent of 
                        contamination, complete National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4331 et seq.) and National 
                        Historic Preservation Act (16 U.S.C. 
                        470 et seq.) processes for closure and 
                        disposal of the property, and provide 
                        an estimate of the cost for remediation 
                        and contingent on receiving the 
                        necessary appropriations complete the 
                        remediation in compliance with 
                        applicable Federal and State 
                        environmental laws;
                            ``(iii) develop a disposition 
                        strategy incorporating the Fairfax 
                        County reuse plan and the Department of 
                        the Interior's land transfer request, 
                        and resolve conflicts between the plan 
                        and the transfer request, or between 
                        the reuse plan, the transfer request 
                        and the results of the environmental 
                        studies;
                            ``(iv) negotiate with any entity 
                        that has a lease, agreement, memorandum 
                        of understanding, right-of-way, or 
                        easement with the District of Columbia 
                        to occupy or utilize any parcels of 
                        such property on the date of the 
                        enactment of this title, to perfect or 
                        extend such lease, agreement, 
                        memorandum of understanding, right-of-
                        way, or easement;
                            ``(v) transfer any property 
                        identified for use for open space, park 
                        land, or recreation in the Fairfax 
                        County reuse plan to the Northern 
                        Virginia Regional Park Authority, the 
                        Fairfax County Park Authority, or 
                        another public entity, subject to the 
                        condition that the recipient use the 
                        conveyed property only for open space, 
                        park land, or recreation and that the 
                        transfer be at fair market value 
                        considering the highest and best use of 
                        the property to be open space, park 
                        land, and recreation;
                            ``(vi) not later than 60 days after 
                        the property is transferred to the 
                        General Services Administration, 
                        transfer at fair market value the six-
                        acre parcel east of Shirley Highway on 
                        Interstate 95 to Amtrak, subject to 
                        such terms and conditions as the 
                        Administrator determines to be in the 
                        best interest of the United States;
                            ``(vii) dispose of any parcels not 
                        reserved by the Department of the 
                        Interior and not otherwise addressed 
                        under this subparagraph at fair market 
                        value, subject to such terms and 
                        conditions as the Administrator 
                        determines to be in the best interest 
                        of the United States;
                            ``(viii) deposit any proceeds from 
                        the sale of property on which the 
                        Lorton Correctional Complex is located 
                        into a special fund established in the 
                        treasury for purposes of covering real 
                        property utilization and disposal 
                        related expenses, including 
                        environmental compliance and 
                        remediation for the Lorton Correctional 
                        Complex until all property has been 
                        conveyed; and
                            ``(ix) deposit any remaining funds 
                        in the Policy and Operations 
                        appropriation account of the General 
                        Services Administration to be used for 
                        real property utilization and disposal 
                        activities until expended.
                    ``(B) Report.--Not later than 90 days after 
                the date of the receipt of the Fairfax County 
                reuse plan and the Department of the Interior 
                property transfer request by the Administrator 
                of General Services, the Administrator shall 
                report to the Committees on Appropriations and 
                Government Reform and Oversight of the House of 
                Representatives, and the Committees on 
                Appropriations and Governmental Affairs of the 
                Senate on plans to comply with the terms of 
                this paragraph and any estimated costs 
                associated with such compliance.
                    ``(C) Authorization.--There is authorized 
                to be appropriated such sums as are necessary 
                from the general funds of the Treasury, to 
                remain available until expended, to the Policy 
                and Operations appropriation account of the 
                General Services Administration for the real 
                property utilization and disposal activities in 
                carrying out the provisions of this title.
            ``(5) Jurisdiction.--Any property disposed of 
        according to paragraphs (2) and (4) shall be under the 
        jurisdiction of the Commonwealth of Virginia. Any 
        development of such property and any property 
        transferred to the Department of the Interior for 
        exchange purposes shall comply with any applicable 
        planning and zoning requirements of Fairfax County and 
        the Fairfax County reuse plan.''.


                       olympic and amateur sports


    Sec. 142. (a) Short Title.--This section may be cited as 
the ``Olympic and Amateur Sports Act Amendments of 1998''.
    (b) Amendment of Title 36, United States Code; Title of 
Chapter.--
            (1) Except as otherwise expressly provided, 
        whenever in this section an amendment or repeal is 
        expressed in terms of an amendment to, or repeal of, a 
        section or other provision, the reference shall be 
        considered to be made to a section or other provision 
        of title 36, United States Code.
            (2) Section 220501 is amended--
                    (A) by striking ``Definitions'' in the 
                heading and inserting ``Title and 
                Definitions'';
                    (B) by inserting after the heading the 
                following:
    ``(a) Title.--This chapter may be cited as the `Ted Stevens 
Olympic and Amateur Sports Act'.''; and
                    (C) by inserting ``(b) Definitions.--'' 
                immediately before ``For the purposes of''.
    (c) Definitions.--Section 220501 is amended by--
            (1) inserting ``or paralympic sports organization'' 
        after ``national governing body'' in paragraph (1);
            (2) redesignating paragraph (7) as paragraph (8); 
        and
            (3) inserting after paragraph (6) the following:
    ``(7) `paralympic sports organization' means an amateur 
sports organization which is recognized by the corporation 
under section 220521 of this title.''.
    (d) Purposes.--Section 220503 is amended by--
            (1) striking ``Olympic Games'' each place it 
        appears in paragraphs (3) and (4) and inserting 
        ``Olympic Games, the Paralympic Games,''; and
            (2) striking paragraph (13) and inserting the 
        following:
            ``(13) to encourage and provide assistance to 
        amateur athletic programs and competition for amateur 
        athletes with disabilities, including, where feasible, 
        the expansion of opportunities for meaningful 
        participation by such amateur athletes in programs of 
        athletic competition for able-bodied amateur athletes; 
        and''.
    (e) Membership.--Section 220504(b) is amended by--
            (1) striking paragraphs (1) and (2) and inserting 
        the following:
            ``(1) amateur sports organizations recognized as 
        national governing bodies and paralympic sports 
        organizations in accordance with section 220521 of this 
        title, including through provisions which establish and 
        maintain a National Governing Bodies' Council composed 
        of representatives of the national governing bodies and 
        any paralympic sports organizations and selected by 
        their boards of directors or such other governing 
        boards to ensure effective communication between the 
        corporation and such national governing bodies and 
        paralympic sports organizations;
            ``(2) amateur athletes who are actively engaged in 
        amateur athletic competition or who have represented 
        the United States in international amateur athletic 
        competition within the preceding 10 years, including 
        through provisions which--
                    ``(A) establish and maintain an Athletes' 
                Advisory Council composed of, and elected by, 
                such amateur athletes to ensure communication 
                between the corporation and such amateur 
                athletes; and
                    ``(B) ensure that the membership and voting 
                power held by such amateur athletes is not less 
                than 20 percent of the membership and voting 
                power held in the board of directors of the 
                corporation and in the committees and entities 
                of the corporation;''; and
            (2) inserting a comma and ``the Paralympic Games,'' 
        after ``Olympic Games'' in paragraph (3).
    (f) Powers.--
            (1) General corporate powers.--Section 220505(b)(9) 
        is amended by striking ``sued; and'' and inserting 
        ``sued, except that any civil action brought in a State 
        court against the corporation and solely relating to 
        the corporation's responsibilities under this Act shall 
        be removed, at the request of the corporation, to the 
        district court of the United States in the district in 
        which the action was brought, and such district court 
        shall have original jurisdiction over the action 
        without regard to the amount in controversy or 
        citizenship of the parties involved, and except that 
        neither this paragraph nor any other provision of this 
        chapter shall create a private right of action under 
        this chapter; and''.
            (2) Powers related to amateur athletics and the 
        olympic games.--Section 220505(c) is amended by--
                    (A) striking ``Organization;'' in paragraph 
                (2) and inserting ``Organization and as its 
                national Paralympic committee in relations with 
                the International Paralympic Committee;'';
                    (B) striking ``Games and of'' in paragraph 
                (3) and inserting ``Games, the Paralympic 
                Games, and'';
                    (C) striking ``Games;'' in paragraph (4) 
                and inserting ``Games, or as paralympic sports 
                organizations for any sport that is included on 
                the program of the Paralympic Games;''; and
                    (D) striking ``Games,'' in paragraph (5) 
                and inserting ``Games, the Paralympic Games, 
                the Pan-American Games, world championship 
                competition,''.
    (g) Use of Olympic, Paralympic, and Pan-American Symbols.--
Section 220506 is amended by--
            (1) striking ``rings;'' in subsection (a)(2) and 
        inserting ``rings, the symbol of the International 
        Paralympic Committee, consisting of 3 TaiGeuks, or the 
        symbol of the Pan-American Sports Organization, 
        consisting of a torch surrounded by concentric 
        rings;'';
            (2) inserting `` `Paralympic', `Paralympiad', `Pan-
        American', `America Espirito Sport Fraternite','' 
        before ``or any combination'' in subsection (a)(4);
            (3) inserting a comma and ``International 
        Paralympic Committee, the Pan-American Sports 
        Organization,'' after ``International Olympic 
        Committee'' in subsection (b);
            (4) inserting ``the Paralympic team,'' before ``the 
        Pan-American team'' in subsection (b);
            (5) inserting a comma and ``Paralympic, or Pan-
        American Games'' after ``any Olympic'' in subsection 
        (c)(3);
            (6) inserting a comma and ``the International 
        Paralympic Committee, the Pan-American Sports 
        Organization,'' after ``International Olympic 
        Committee'' in subsection (c)(4);
            (7) inserting ``AND GEOGRAPHIC REFERENCE'' after 
        ``PRE-EXISTING'' in subsection (d); and
            (8) adding at the end of subsection (d) the 
        following:
            ``(3) Use of the word `Olympic' to identify a 
        business or goods or services is permitted by this 
        section where--
                    ``(A) such use is not combined with any of 
                the intellectual properties referenced in 
                subsections (a) or (c) of this section;
                    ``(B) it is evident from the circumstances 
                that such use of the word `Olympic' refers to 
                the naturally occurring mountains or 
                geographical region of the same name that were 
                named prior to February 6, 1998, and not to the 
                corporation or any Olympic activity; and
                    ``(C) such business, goods, or services are 
                operated, sold, and marketed in the State of 
                Washington west of the Cascade Mountain range 
                and operations, sales, and marketing outside of 
                this area are not substantial.''.
    (h) Resolution of Disputes.--Section 220509 is amended by--
            (1) inserting ``(a) General.--'' before ``The 
        corporation'';
            (2) inserting ``the Paralympic Games,'' before 
        ``the Pan-American Games'';
            (3) inserting after ``the corporation.'' the 
        following: ``In any lawsuit relating to the resolution 
        of a dispute involving the opportunity of an amateur 
        athlete to participate in the Olympic Games, the 
        Paralympic Games, or the Pan-American Games, a court 
        shall not grant injunctive relief against the 
        corporation within 21 days before the beginning of such 
        games if the corporation, after consultation with the 
        chair of the Athletes' Advisory Council, has provided a 
        sworn statement in writing executed by an officer of 
        the corporation to such court that its constitution and 
        bylaws cannot provide for the resolution of such 
        dispute prior to the beginning of such games.''; and
            (4) adding at the end thereof the following:
    ``(b) Ombudsman.--
            ``(1) The corporation shall hire and provide 
        salary, benefits, and administrative expenses for an 
        ombudsman for athletes, who shall--
                    ``(A) provide independent advice to 
                athletes at no cost about the applicable 
                provisions of this chapter and the constitution 
                and bylaws of the corporation, national 
                governing bodies, a paralympic sports 
                organizations, international sports 
                federations, the International Olympic 
                Committee, the International Paralympic 
                Committee, and the Pan-American Sports 
                Organization, and with respect to the 
                resolution of any dispute involving the 
                opportunity of an amateur athlete to 
                participate in the Olympic Games, the 
                Paralympic Games, the Pan-American Games, world 
                championship competition or other protected 
                competition as defined in the constitution and 
                bylaws of the corporation;
                    ``(B) assist in mediating any such 
                disputes; and
                    ``(C) report to the Athletes' Advisory 
                Council on a regular basis.
            ``(2)(A) The procedure for hiring the ombudsman for 
        athletes shall be as follows:
                    ``(i) The Athletes' Advisory Council shall 
                provide the corporation's executive director 
                with the name of one qualified person to serve 
                as ombudsman for athletes.
                    ``(ii) The corporation's executive director 
                shall immediately transmit the name of such 
                person to the corporation's executive 
                committee.
                    ``(iii) The corporation's executive 
                committee shall hire or not hire such person 
                after fully considering the advice and counsel 
                of the Athletes' Advisory Council.
If there is a vacancy in the position of the ombudsman for 
athletes, the nomination and hiring procedure set forth in this 
paragraph shall be followed in a timely manner.
            ``(B) The corporation may terminate the employment 
        of an individual serving as ombudsman for athletes only 
        if--
                    ``(i) the termination is carried out in 
                accordance with the applicable policies and 
                procedures of the corporation;
                    ``(ii) the termination is initially 
                recommended to the corporation's executive 
                committee by either the corporation's executive 
                director or by the Athletes' Advisory Council; 
                and
                    ``(iii) the corporation's executive 
                committee fully considers the advice and 
                counsel of the Athletes' Advisory Council prior 
                to deciding whether or not to terminate the 
                employment of such individual.''.
    (i) Agent for Service of Process.--The text of section 
220510 is amended to read as follows: ``As a condition to the 
exercise of any power or privilege granted by this chapter, the 
corporation shall have a designated agent in the State of 
Colorado to receive service of process for the corporation. 
Notice to or service on the agent, or mailed to the business 
address of the agent, is notice to or service on the 
corporation.''.
    (j) Report.--
            (1) Section 220511(a) is amended to read as 
        follows:
    ``(a) Submission to President and Congress.--The 
corporation shall, on or before the first day of June, 2001, 
and every fourth year thereafter, transmit simultaneously to 
the President and to each House of Congress a detailed report 
of its operations for the preceding 4 years, including--
            ``(1) a complete statement of its receipts and 
        expenditures;
            ``(2) a comprehensive description of the activities 
        and accomplishments of the corporation during such 4-
        year period;
            ``(3) data concerning the participation of women, 
        disabled individuals, and racial and ethnic minorities 
        in the amateur athletic activities and administration 
        of the corporation and national governing bodies; and
            ``(4) a description of the steps taken to encourage 
        the participation of women, disabled individuals, and 
        racial minorities in amateur athletic activities.''.
            (2) The chapter analysis for chapter 2205 is 
        amended by striking the item relating to section 220511 
        and inserting the following:

``220511. Report.''.

    (k) Complete Teams.--
            (1) General.--Subchapter I of chapter 2205 is 
        amended by adding at the end thereof the following:

``Sec.  220512. Complete teams

    ``In obtaining representation for the United States in each 
competition and event of the Olympic Games, Paralympic Games, 
and Pan-American Games, the corporation, either directly or by 
delegation to the appropriate national governing body or 
paralympic sports organization, may select, but is not 
obligated to select (even if not selecting will result in an 
incomplete team for an event), athletes who have not met the 
eligibility standard of the national governing body and the 
Corporation, when the number of athletes who have met the 
eligibility standards of such entities is insufficient to fill 
the roster for an event.''.
            (2) The chapter analysis for chapter 2205 is 
        amended by inserting after the item relating to section 
        220511 the following:

``220512. Complete teams.''.

    (l) Recognition of Amateur Sports Organizations.--Section 
220521 is amended by--
            (1) striking the first sentence of subsection (a) 
        and inserting the following: ``For any sport which is 
        included on the program of the Olympic Games, the 
        Paralympic Games, or the Pan-American Games, the 
        corporation is authorized to recognize as a national 
        governing body (in the case of a sport on the program 
        of the Olympic Games or Pan-American Games) or as a 
        paralympic sports organization (in the case of a sport 
        on the program of the Paralympic Games for which a 
        national governing body has not been designated under 
        section 220522(b)) an amateur sports organization which 
        files an application and is eligible for such 
        recognition in accordance with the provisions of 
        subsections (a) or (b) of section 220522.'';
            (2) striking ``approved.'' in subsection (a) and 
        inserting ``approved, except as provided in section 
        220522(b) with respect to a paralympic sports 
        organization.'';
            (3) striking ``hold a public hearing'' in 
        subsection (b) and inserting ``hold at least 2 public 
        hearings'';
            (4) striking ``hearing.'' each place it appears in 
        subsection (b) and inserting ``hearings.''; and
            (5) adding at the end of subsection (b) the 
        following: ``The corporation shall send written notice, 
        which shall include a copy of the application, at least 
        30 days prior to the date of any such public hearing to 
        all amateur sports organizations known to the 
        corporation in that sport.''.
    (m) Eligibility Requirements.--Section 220522 is amended 
by--
            (1) inserting ``(a) General.--'' before ``An 
        amateur'';
            (2) striking paragraph (4) and inserting the 
        following:
            ``(4) agrees to submit to binding arbitration in 
        any controversy involving--
                    ``(A) its recognition as a national 
                governing body, as provided for in section 
                220529 of this title, upon demand of the 
                corporation; and
                    ``(B) the opportunity of any amateur 
                athlete, coach, trainer, manager, administrator 
                or official to participate in amateur athletic 
                competition, upon demand of the corporation or 
                any aggrieved amateur athlete, coach, trainer, 
                manager, administrator or official, conducted 
                in accordance with the Commercial Rules of the 
                American Arbitration Association, as modified 
                and provided for in the corporation's 
                constitution and bylaws, except that if the 
                Athletes' Advisory Council and National 
                Governing Bodies' Council do not concur on any 
                modifications to such Rules, and if the 
                corporation's executive committee is not able 
                to facilitate such concurrence, the Commercial 
                Rules of Arbitration shall apply unless at 
                least two-thirds of the corporation's board of 
                directors approves modifications to such 
                Rules;'';
            (3) striking paragraph (10) and inserting the 
        following:
            ``(10) demonstrates, based on guidelines approved 
        by the corporation, the Athletes' Advisory Council, and 
        the National Governing Bodies' Council, that its board 
        of directors and other such governing boards have 
        established criteria and election procedures for and 
        maintain among their voting members individuals who are 
        actively engaged in amateur athletic competition in the 
        sport for which recognition is sought or who have 
        represented the United States in international amateur 
        athletic competition within the preceding 10 years, 
        that any exceptions to such guidelines by such 
        organizationhave been approved by the corporation, and 
that the voting power held by such individuals is not less than 20 
percent of the voting power held in its board of directors and other 
such governing boards;'';
            (4) inserting ``or to participation in the Olympic 
        Games, the Paralympic Games, or the Pan-American 
        Games'' after ``amateur status'' in paragraph (14); and
            (5) adding at the end thereof the following:
    ``(b) Recognition of Paralympic Sports Organizations.--For 
any sport which is included on the program of the Paralympic 
Games, the corporation is authorized to designate, where 
feasible and when such designation would serve the best 
interest of the sport, and with the approval of the affected 
national governing body, a national governing body recognized 
under subsection (a) to govern such sport. Where such 
designation is not feasible or would not serve the best 
interest of the sport, the corporation is authorized to 
recognize another amateur sports organization as a paralympic 
sports organization to govern such sport, except that, 
notwithstanding the other requirements of this chapter, any 
such paralympic sports organization--
            ``(1) shall comply only with those requirements, 
        perform those duties, and have those powers that the 
        corporation, in its sole discretion, determines are 
        appropriate to meet the objects and purposes of this 
        chapter; and
            ``(2) may, with the approval of the corporation, 
        govern more than one sport included on the program of 
        the Paralympic Games.''.
    (n) Authority of National Governing Bodies.--Section 220523 
is amended by--
            (1) striking ``Games and'' in paragraph (6) and 
        inserting ``Games, the Paralympic Games, and''; and
            (2) striking ``Games and'' in paragraph (7) and 
        inserting ``Games, the Paralympic Games, and''.
    (o) Duties of National Governing Bodies.--Section 220524 is 
amended by--
            (1) redesignating paragraphs (4) through (8) as 
        paragraphs (5) through (9); and
            (2) inserting after paragraph (3) the following:
            ``(4) disseminate and distribute to amateur 
        athletes, coaches, trainers, managers, administrators, 
        and officials in a timely manner the applicable rules 
        and any changes to such rules of the national governing 
        body, the corporation, the appropriate international 
        sports federation, the International Olympic Committee, 
        the International Paralympic Committee, and the Pan-
        American Sports Organization;''.
    (p) Replacement of National Governing Body.--Section 220528 
is amended by--
            (1) striking ``Olympic Games or both'' in 
        subsection (c)(1)(A) and inserting ``Olympic Games or 
        the Paralympic Games, or in both'';
            (2) striking ``registered'' in subsection (c)(2) 
        and inserting ``certified'';
            (3) striking ``body.'' in subsection (c)(2) and 
        inserting ``body and with any other organization that 
        has filed an application.'';
            (4) inserting ``open to the public'' in subsection 
        (d) after ``formal hearing'' in the first sentence;
            (5) inserting after the second sentence in 
        subsection (d) the following: ``The corporation also 
        shall send written notice, including a copy of the 
        application, at least 30 days prior to the date of the 
        hearing to all amateur sports organizations known to 
        the corporation in that sport.''; and
            (6) striking ``title.'' in subsection (f)(4) and 
        inserting ``title and notify such national governing 
        body of such probation and of the actions needed to 
        comply with such requirements.''.
    (q) Special Report to Congress.--Five years from the date 
of the enactment of this Act, the United States Olympic 
Committee shall submit a special report to the Congress on the 
effectiveness of the provisions of chapter 2205 of title 36, 
United States Code, as amended by this Act, together with any 
additional proposed changes to that chapter the United States 
Olympic Committee determines are appropriate.
    Sec. 143. Section 8106(a) of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter 
under section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 
10 U.S.C. 113 note), is amended by striking ``$3,000,000'' and 
inserting ``$1,000,000''.
    Sec. 144. Section 8120 of the Department of Defense 
Appropriations Act, 1999, is amended by striking out ``owned, 
or partially owned by'' and inserting in lieu thereof ``if the 
Secretary of Defense determines that'', and is further amended 
by inserting before the period ``owns more than a fifty per 
centum interest in the company''.


  modification of land conveyance authority, armed forces retirement 
                                 home.


    Sec. 145. (a) Postponement of Sale.--Subsection (a) of 
section 1053 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201), as amended by section 
1043 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999, is further amended--
            (1) by inserting ``(1)'' before 
        ``Notwithstanding''; and
            (2) by adding at the end the following:
    ``(2) The sale under paragraph (1) may not occur before 
April 30, 1999.''.
    (b) Deposit of Proceeds of Sale.--Subsection (b) of such 
section 1053, as so amended, is further amended by adding at 
the end the following:
    ``(3) The payment received under paragraph (2) shall be 
deposited in the Armed Forces Retirement Home Trust Fund in 
accordance with section 1519(a)(2) of the National Defense 
Authorization Act for Fiscal Year 1991 (104 Stat. 1730; 24 
U.S.C. 419(a)(2)).''.


  certification of exports of missile equipment or technology to china


    Sec. 146. (a) Certification.--Section 1512 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999 is amended--
            (1) by striking ``The'' and inserting ``(a) 
        Certification.--The''; and
            (2) by adding at the end the following:
    ``(b) Exception.--The certification requirement contained 
in subsection (a) shall not apply to the export of inertial 
reference units and components in manned civilian aircraft or 
supplied as spare or replacement parts for such aircraft.''.
    (b) Effective Date.--The amendments made by this section 
shall take effect on the later of--
            (1) the enactment of this Act; or
            (2) the enactment of the Strom Thurmond National 
        Defense Authorization Act for Fiscal Year 1999.
    Sec. 147. The Secretary of the Navy, in consultation with 
the Commandant of the Marine Corps, shall assess the 
requirement for Marine Corps warfighting and attrition reserve 
F/A-18 aircraft and monitor the viability of the existing F/A-
18 production line to meet these requirements: Provided, That, 
pursuant to section 8005 of the Department of Defense 
Appropriations Act, 1999, the Secretary of the Navy may 
transfer funds sufficient to ensure that the F/A-18 production 
capability remains available to meet Marine Corps F/A-18 
warfighting and attrition reserve aircraft requirements through 
additional aircraft production.
    Sec. 148. Section 8135 of the Department of Defense 
Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1212; 
37 U.S.C. 301b note), is amended--
            (1) in subsection (a), by inserting before the 
        period at the end the following: ``or as a supplemental 
        payment if the officer's final military pay account is 
        already settled''; and
            (2) in subsection (b)--
                    (A) by inserting ``applies'' after 
                ``subsection (a)'';
                    (B) by striking ``January 17, 1991'' and 
                inserting ``August 2, 1990'';
                    (C) by inserting ``(regardless of the date 
                of the commencement of combatant activities in 
                such zone as specified in that Executive 
                Order)'' after ``as a combat zone''; and
                    (D) by striking ``section 302b'' and 
                inserting ``section 301b''.
      Sec. 149. (a) Chapter 12 of title 11 of the United States 
Code, as in effect on September 30, 1998, is hereby reenacted 
for the period beginning on October 1, 1998, and ending on 
April 1, 1999.
      (b) All cases commenced or pending under chapter 12 of 
title 11, United States Code, as reenacted under subsection 
(a), and all matters and proceedings in or relating to such 
cases, shall be conducted and determined under such chapter as 
if such chapter were continued in effect after April 1, 1999. 
The substantive rights of parties in connection with such 
cases, matters, and proceedings shall continue to be governed 
under the laws applicable to such cases, matters, and 
proceedings as if such chapter were continued in effect after 
April 1, 1999.
      (c) This section shall take effect on October 1, 1998.
    Sec. 150. (a) Extension of Agreement for State of 
Mississippi.--The Secretary of the Interior shall offer to 
reinstate the Memorandum of Agreement between the Mississippi 
Department of Wildlife Conservation and the United States Fish 
and Wildlife Service concerning the framework closing dates for 
the 1979-1980 through 1981-1982 duck hunting seasons, executed 
in November 1979, for the 1998-1999 duck hunting season in the 
State of Mississippi, except that--
            (1) the duck hunting season shall end on January 
        31, 1999; and
            (2) the total number of days for the duck hunting 
        season in the State of Mississippi shall not exceed 51 
        days.
      (b) Extension of Agreement to Other States.--At the 
request of any other State represented on the Lower-Region 
Regulations Committee of the Mississippi Flyway Council, the 
Secretary of the Interior shall extend the agreement described 
in subsection (a) to that State for the 1998-1999 duck hunting 
season if the State agrees to reduce the total number of days 
of the duck hunting season in the State to the extent necessary 
to result in no net increase in the duck harvest in the State 
for that season.

SEC. 151. FEDERAL VACANCIES AND APPOINTMENTS.

    (a) Short Title.--This section may be cited as the 
``Federal Vacancies Reform Act of 1998''.
    (b) In General.--Chapter 33 of title 5, United States Code, 
is amended by striking sections 3345 through 3349 and inserting 
the following:

``Sec. 3345. Acting officer

    ``(a) If an officer of an Executive agency (including the 
Executive Office of the President, and other than the General 
Accounting Office) whose appointment to office is required to 
be made by the President, by and with the advice and consent of 
the Senate, dies, resigns, or is otherwise unable to perform 
the functions and duties of the office--
            ``(1) the first assistant to the office of such 
        officer shall perform the functions and duties of the 
        office temporarily in an acting capacity subject to the 
        time limitations of section 3346;
            ``(2) notwithstanding paragraph (1), the President 
        (and only the President) may direct a person who serves 
        in an office for which appointment is required to be 
        made by the President, by and with the advice and 
        consent of the Senate, to perform the functions and 
        duties of the vacant office temporarily in an acting 
        capacity subject to the time limitations of section 
        3346; or
            ``(3) notwithstanding paragraph (1), the President 
        (and only the President) may direct an officer or 
        employee of such Executive agency to perform the 
        functions and duties of the vacant office temporarily 
        in an acting capacity, subject to the time limitations 
        of section 3346, if--
                    ``(A) during the 365-day period preceding 
                the date of death, resignation, or beginning of 
                inability to serve of the applicable officer, 
                the officer or employee served in a position in 
                such agency for not less than 90 days; and
                    ``(B) the rate of pay for the position 
                described under subparagraph (A) is equal to or 
                greater than the minimum rate of pay payable 
                for a position at GS-15 of the General 
                Schedule.
    ``(b)(1) Notwithstanding subsection (a)(1), a person may 
not serve as an acting officer for an office under this 
section, if--
            ``(A) during the 365-day period preceding the date 
        of the death, resignation, or beginning of inability to 
        serve, such person--
                    ``(i) did not serve in the position of 
                first assistant to the office of such officer; 
                or
                    ``(ii) served in the position of first 
                assistant to the office of such officer for 
                less than 90 days; and
            ``(B) the President submits a nomination of such 
        person to the Senate for appointment to such office.
    ``(2) Paragraph (1) shall not apply to any person if--
            ``(A) such person is serving as the first assistant 
        to the office of an officer described under subsection 
        (a);
            ``(B) the office of such first assistant is an 
        office for which appointment is required to be made by 
        the President, by and with the advice and consent of 
        the Senate; and
            ``(C) the Senate has approved the appointment of 
        such person to such office.
    ``(c)(1) Notwithstanding subsection (a)(1), the President 
(and only the President) may direct an officer who is nominated 
by the President for reappointment for an additional term to 
the same office in an Executive department without a break in 
service, to continue to serve in that office subject to the 
time limitations in section 3346, until such time as the Senate 
has acted to confirm or reject the nomination, notwithstanding 
adjournment sine die.
    ``(2) For purposes of this section and sections 3346, 3347, 
3348, 3349, 3349a, and 3349d, the expiration of a term of 
office is an inability to perform the functions and duties of 
such office.

``Sec. 3346. Time limitation

    ``(a) Except in the case of a vacancy caused by sickness, 
the person serving as an acting officer as described under 
section 3345 may serve in the office--
            ``(1) for no longer than 210 days beginning on the 
        date the vacancy occurs; or
            ``(2) subject to subsection (b), once a first or 
        second nomination for the office is submitted to the 
        Senate, from the date of such nomination for the period 
        that the nomination is pending in the Senate.
    ``(b)(1) If the first nomination for the office is rejected 
by the Senate, withdrawn, or returned to the President by the 
Senate, the person may continue to serve as the acting officer 
for no more than 210 days after the date of such rejection, 
withdrawal, or return.
    ``(2) Notwithstanding paragraph (1), if a second nomination 
for the office is submitted to the Senate after the rejection, 
withdrawal, or return of the first nomination, the person 
serving as the acting officer may continue to serve--
            ``(A) until the second nomination is confirmed; or
            ``(B) for no more than 210 days after the second 
        nomination is rejected, withdrawn, or returned.
    ``(c) If a vacancy occurs during an adjournment of the 
Congress sine die, the 210-day period under subsection (a) 
shall begin on the date that the Senate first reconvenes.

``Sec. 3347. Exclusivity

    ``(a) Sections 3345 and 3346 are the exclusive means for 
temporarily authorizing an acting official to perform the 
functions and duties of any office of an Executive agency 
(including the Executive Office of the President, and other 
than the General Accounting Office) for which appointment is 
required to be made by the President, by and with the advice 
and consent of the Senate, unless--
            ``(1) a statutory provision expressly--
                    ``(A) authorizes the President, a court, or 
                the head of an Executive department, to 
                designate an officer or employee to perform the 
                functions and duties of a specified office 
                temporarily in an acting capacity; or
                    ``(B) designates an officer or employee to 
                perform the functions and duties of a specified 
                office temporarily in an acting capacity; or
            ``(2) the President makes an appointment to fill a 
        vacancy in such office during the recess of the Senate 
        pursuant to clause 3 of section 2 of article II of the 
        United States Constitution.
    ``(b) Any statutory provision providing general authority 
to the head of an Executive agency (including the Executive 
Office of the President, and other than the General Accounting 
Office) to delegate duties statutorily vested in that agency 
head to, or to reassign duties among, officers or employees of 
such Executive agency, is not a statutory provision to which 
subsection (a)(2) applies.

``Sec. 3348. Vacant office

    ``(a) In this section--
            ``(1) the term `action' includes any agency action 
        as defined under section 551(13); and
            ``(2) the term `function or duty' means any 
        function or duty of the applicable office that--
                    ``(A)(i) is established by statute; and
                    ``(ii) is required by statute to be 
                performed by the applicable officer (and only 
                that officer); or
                    ``(B)(i)(I) is established by regulation; 
                and
                    ``(II) is required by such regulation to be 
                performed by the applicable officer (and only 
                that officer); and
                    ``(ii) includes a function or duty to which 
                clause (i) (I) and (II) applies, and the 
                applicable regulation is in effect at any time 
                during the 180-day period preceding the date on 
                which the vacancy occurs.
    ``(b) Unless an officer or employee is performing the 
functions and duties in accordance with sections 3345, 3346, 
and 3347, if an officer of an Executive agency (including the 
Executive Office of the President, and other than the General 
Accounting Office) whose appointment to office is required to 
be made by the President, by and with the advice and consent of 
the Senate, dies, resigns, or is otherwise unable to perform 
the functions and duties of the office--
            ``(1) the office shall remain vacant; and
            ``(2) in the case of an office other than the 
        office of the head of an Executive agency (including 
        the Executive Office of the President, and other than 
        the General Accounting Office), only the head of such 
        Executive agency may perform any function or duty of 
        such office.
    ``(c) If the last day of any 210-day period under section 
3346 is a day on which the Senate is not in session, the second 
day the Senate is next in session and receivingnominations 
shall be deemed to be the last day of such period.
    ``(d)(1) An action taken by any person who is not acting 
under section 3345, 3346, or 3347, or as provided by subsection 
(b), in the performance of any function or duty of a vacant 
office to which this section and sections 3346, 3347, 3349, 
3349a, 3349b, and 3349c apply shall have no force or effect.
    ``(2) An action that has no force or effect under paragraph 
(1) may not be ratified.
    ``(e) This section shall not apply to--
            ``(1) the General Counsel of the National Labor 
        Relations Board;
            ``(2) the General Counsel of the Federal Labor 
        Relations Authority;
            ``(3) any Inspector General appointed by the 
        President, by and with the advice and consent of the 
        Senate;
            ``(4) any Chief Financial Officer appointed by the 
        President, by and with the advice and consent of the 
        Senate; or
            ``(5) an office of an Executive agency (including 
        the Executive Office of the President, and other than 
        the General Accounting Office) if a statutory provision 
        expressly prohibits the head of the Executive agency 
        from performing the functions and duties of such 
        office.

``Sec. 3349. Reporting of vacancies

    ``(a) The head of each Executive agency (including the 
Executive Office of the President, and other than the General 
Accounting Office) shall submit to the Comptroller General of 
the United States and to each House of Congress--
            ``(1) notification of a vacancy in an office to 
        which this section and sections 3345, 3346, 3347, 3348, 
        3349a, 3349b, 3349c, and 3349d apply and the date such 
        vacancy occurred immediately upon the occurrence of the 
        vacancy;
            ``(2) the name of any person serving in an acting 
        capacity and the date such service began immediately 
        upon the designation;
            ``(3) the name of any person nominated to the 
        Senate to fill the vacancy and the date such nomination 
        is submitted immediately upon the submission of the 
        nomination; and
            ``(4) the date of a rejection, withdrawal, or 
        return of any nomination immediately upon such 
        rejection, withdrawal, or return.
    ``(b) If the Comptroller General of the United States makes 
a determination that an officer is serving longer than the 210-
day period including the applicable exceptions to such period 
under section 3346 or section 3349a, the Comptroller General 
shall report such determination immediately to--
            ``(1) the Committee on Governmental Affairs of the 
        Senate;
            ``(2) the Committee on Government Reform and 
        Oversight of the House of Representatives;
            ``(3) the Committees on Appropriations of the 
        Senate and House of Representatives;
            ``(4) the appropriate committees of jurisdiction of 
        the Senate and House of Representatives;
            ``(5) the President; and
            ``(6) the Office of Personnel Management.

``Sec. 3349a. Presidential inaugural transitions

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

``Sec. 3349b. Holdover provisions

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

``Sec. 3349c. Exclusion of certain officers

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

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

    ``(a) The submission to the Senate, during a recess or 
adjournment of the Senate in excess of 15 days, of a written 
notification by the President of the President's intention to 
submit a nomination after the recess or adjournment shall be 
considered a nomination for purposes of sections 3345 through 
3349c if such notification contains the name of the proposed 
nominee and the office for which the person is nominated.
    ``(b) If the President does not submit a nomination of the 
person named under subsection (a) within 2 days after the end 
of such recess or adjournment, effective after such second day 
the notification considered a nomination under subsection (a) 
shall be treated as a withdrawn nomination for purposes of 
sections 3345 through 3349c.''.
    (c) Technical and Conforming Amendment.--
            (1) Table of sections.--The table of sections for 
        chapter 33 of title 5, United States Code, is amended 
        by striking the matter relating to subchapter III and 
        inserting the following:


         ``subchapter iii--details, vacancies, and appointments


``3341. Details; within Executive or military departments.
``[3342. Repealed.]
``3343. Details; to international organizations.
``3344. Details; administrative law judges.
``3345. Acting officer.
``3346. Time limitation.
``3347. Exclusivity.
``3348. Vacant office.
``3349. Reporting of vacancies.
``3349a. Presidential inaugural transitions.
``3349b. Holdover provisions relating to certain independent 
          establishments.
``3349c. Exclusion of certain officers.
``3349d. Notification of intent to nominate during certain recesses or 
          adjournments.''.
            (2) Subchapter heading.--The subchapter heading for 
        subchapter III of chapter 33 of title 5, United States 
        Code, is amended to read as follows:

        ``SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS''

    (d) Effective Date and Application.--
            (1) Effective date.--Subject to paragraph (2), this 
        section and the amendments made by this section shall 
        take effect 30 days after the date of enactment of this 
        section.
            (2) Application.--
                    (A) In general.--This section shall apply 
                to any office that becomes vacant after the 
                effective date of this section.
                    (B) Immediate application of time 
                limitation.--Notwithstanding subparagraph (A), 
                for any office vacant on the effective date of 
                this section, the time limitations under 
                section 3346 of title 5, United States Code (as 
                amended by this section) shall apply to such 
                office. Such time limitations shall apply as 
                though such office first became vacant on the 
                effective date of this section.
                    (C) Certain nominations.--If the President 
                submits to the Senate the nomination of any 
                person after the effective date of this section 
                for an office for which such person had been 
                nominated before such date, the next nomination 
                of such person after such date shall be 
                considered a first nomination of such person to 
                that office for purposes of sections 3345 
                through 3349 and section 3349d of title 5, 
                United States Code (as amended by this 
                section).

                          TITLE II--FISHERIES

                    Subtitle I--Fishery Endorsements

SEC. 201. SHORT TITLE.

    This title may be cited as the ``American Fisheries Act''.

SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.

    (a) Standard.--Section 12102(c) of title 46, United States 
Code, is amended to read as follows--
    ``(c)(1) A vessel owned by a corporation, partnership, 
association, trust, joint venture, limited liability company, 
limited liability partnership, or any other entity is not 
eligible for a fishery endorsement under section 12108 of this 
title unless at least 75 per centum of the interest in such 
entity, at each tier of ownership of such entity and in the 
aggregate, is owned and controlled by citizens of the United 
States.
    ``(2) The Secretary shall apply section 2(c) of the 
Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining under 
this subsection whether at least 75 per centum of the interest 
in a corporation, partnership, association, trust, joint 
venture, limited liability company, limited liability 
partnership, or any other entity is owned and controlled by 
citizens of the United States. For the purposes of this 
subsection and of applying the restrictions on controlling 
interest in section 2(c) of such Act, the terms `control' or 
`controlled'--
            ``(A) shall include--
                    ``(i) the right to direct the business of 
                the entity which owns the vessel;
                    ``(ii) the right to limit the actions of or 
                replace the chief executive officer, a majority 
                of the board of directors, any general partner, 
                or any person serving in a management capacity 
                of the entity which owns the vessel; or
                    ``(iii) the right to direct the transfer, 
                operation or manning of a vessel with a fishery 
                endorsement; and
            ``(B) shall not include the right to simply 
        participate in the activities under subparagraph (A), 
        or the use by a mortgagee under paragraph (4) of loan 
        covenants approved by the Secretary.
    ``(3) A fishery endorsement for a vessel that is chartered 
or leased to an individual who is not a citizen of the United 
States or to an entity that is not eligible to own a vessel 
with a fishery endorsement and used as a fishing vessel shall 
be invalid immediately upon such use.
    ``(4)(A) An individual or entity that is otherwise eligible 
to own a vessel with a fishery endorsement shall be ineligible 
by reason of an instrument or evidence of indebtedness, secured 
by a mortgage of the vessel to a trustee eligible to own a 
vessel with a fishery endorsement that is issued, assigned, 
transferred or held in trust for a person not eligible to own a 
vessel with a fishery endorsement, unless the Secretary 
determines that the issuance, assignment, transfer, or trust 
arrangement does not result in an impermissible transfer of 
control of the vessel and that the trustee--
            ``(i) is organized as a corporation, and is doing 
        business, under the laws of the United States or of a 
        State;
            ``(ii) is authorized under those laws to exercise 
        corporate trust powers;
            ``(iii) is subject to supervision or examination by 
        an official of the United States Government or a State;
            ``(iv) has a combined capital and surplus (as 
        stated in its most recent published report of 
        condition) of at least $3,000,000; and
            ``(v) meets any other requirements prescribed by 
        the Secretary.
    ``(B) A vessel with a fishery endorsement may be operated 
by a trustee only with the approval of the Secretary.
    ``(C) A right under a mortgage of a vessel with a fishery 
endorsement may be issued, assigned, or transferred to a person 
not eligible to be a mortgagee of that vessel under section 
31322(a)(4) of this title only with the approval of the 
Secretary.
    ``(D) The issuance, assignment, or transfer of an 
instrument or evidence of indebtedness contrary to this 
paragraph is voidable by the Secretary.
    ``(5) The requirements of this subsection shall not apply 
to a vessel when it is engaged in fisheries in the exclusive 
economic zone under the authority of the Western Pacific 
Fishery Management Council established under section 
302(a)(1)(H) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse seine 
vessel when it is engaged in tuna fishing in the Pacific Ocean 
outside the exclusive economic zone of the United States or 
pursuant to the South Pacific Regional Fisheries Treaty, 
provided that the owner of the vessel continues to comply with 
the eligibility requirements for a fishery endorsement under 
the federal law that was in effect on October 1, 1998. A 
fishery endorsement issued by the Secretary pursuant to this 
paragraph shall be valid for engaging only in fisheries in the 
exclusive economic zone under the authority of such Council, in 
such tuna fishing in the Pacific Ocean, or pursuant to such 
Treaty.
    ``(6) A vessel greater than 165 feet in registered length, 
of more than 750 gross registered tons, or that has an engine 
or engines capable of producing a total of more than 3,000 
shaft horsepower is not eligible for a fishery endorsement 
under section 12108 of this title unless--
            ``(A)(i) a certificate of documentation was issued 
        for the vessel and endorsed with a fishery endorsement 
        that was effective on September 25, 1997;
            ``(ii) the vessel is not placed under foreign 
        registry after the date of the enactment of the 
        American Fisheries Act; and
            ``(iii) in the event of the invalidation of the 
        fishery endorsement after the date of the enactment of 
        the American Fisheries Act, application is made for a 
        new fishery endorsement within fifteen (15) business 
        days of such invalidation; or
            ``(B) the owner of such vessel demonstrates to the 
        Secretary that the regional fishery management council 
        of jurisdiction established under section 302(a)(1) of 
        the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852(a)(1)) has recommended 
        after the date of the enactment of the American 
        Fisheries Act, and the Secretary of Commerce has 
        approved, conservation and management measures in 
        accordance with such Act to allow such vessel to be 
        used in fisheries under such council's authority.''.
    (b) Preferred Mortgage.--Section 31322(a) of title 46, 
United States Code is amended--
            (1) by striking ``and'' at the end of paragraph 
        (2);
            (2) by striking the period at the end of paragraph 
        (3)(B) and inserting in lieu thereof a semicolon and 
        ``and''; and
            (3) by inserting at the end the following new 
        paragraph:
            ``(4) with respect to a vessel with a fishery 
        endorsement that is 100 feet or greater in registered 
        length, has as the mortgagee--
                    ``(A) a person eligible to own a vessel 
                with a fishery endorsement under section 
                12102(c) of this title;
                    ``(B) a state or federally chartered 
                financial institution that satisfies the 
                controlling interest criteria of section 2(b) 
                of the Shipping Act, 1916 (46 U.S.C. 802(b)); 
                or
                    ``(C) a person that complies with the 
                provisions of section 12102(c)(4) of this 
                title.''.

SEC. 203. ENFORCEMENT OF STANDARD.

    (a) Effective Date.--The amendments made by section 202 
shall take effect on October 1, 2001.
    (b) Regulations.--Final regulations to implement this 
subtitle shall be published in the Federal Register by April 1, 
2000. Letter rulings and other interim interpretations about 
the effect of this subtitle and amendments made by this 
subtitle on specific vessels may not be issued prior to the 
publication of such final regulations. The regulations to 
implement this subtitle shall prohibit impermissible transfers 
of ownership or control, specify any transactions which require 
prior approval of an implementing agency, identify transactions 
which do not require prior agency approval, and to the extent 
practicable, minimize disruptions to the commercial fishing 
industry, to the traditional financing arrangements of such 
industry, and to the opportunity to form fishery cooperatives.
    (c) Vessels Measuring 100 Feet and Greater.--(1) The 
Administrator of the Maritime Administration shall administer 
section 12102(c) of title 46, United States Code, as amended by 
this subtitle, with respect to vessels 100 feet or greater in 
registered length. The owner of each such vessel shall file a 
statement of citizenship setting forth all relevant facts 
regarding vessel ownership and control with the Administrator 
of the Maritime Administration on an annual basis to 
demonstrate compliance with such section. Regulations to 
implement this subsection shall conform to the extent 
practicable with the regulations establishing the form of 
citizenship affidavit set forth in part 355 of title 46, Code 
of Federal Regulations, as in effect on September 25, 1997, 
except that the form of the statement under this paragraph 
shall be written in a manner to allow the owner of each such 
vessel to satisfy any annual renewal requirements for a 
certificate of documentation for such vessel and to comply with 
this subsection and section 12102(c) of title 46, United States 
Code, as amended by this Act, and shall not be required to be 
notarized.
    (2) After October 1, 2001, transfers of ownership and 
control of vessels subject to section 12102(c) of title 46, 
United States Code, as amended by this Act, which are 100 feet 
or greater in registered length, shall be rigorously 
scrutinized for violations of such section, with particular 
attention given to leases, charters, mortgages, financing, and 
similar arrangements, to the control of persons not eligible to 
own a vessel with a fishery endorsement under section 12102(c) 
of title 46, United States Code, as amended by this Act, over 
the management, sales, financing, or other operations of an 
entity, and to contracts involving the purchase over extended 
periods of time of all, or substantially all, of the living 
marine resources harvested by a fishing vessel.
    (d) Vessels Measuring Less Than 100 Feet.--The Secretary of 
Transportation shall establish such requirements as are 
reasonable and necessary to demonstrate compliance with section 
12102(c) of title 46, United States Code, as amended by this 
Act, with respect to vessels measuring less than 100 feet in 
registered length, and shall seek to minimize the 
administrative burden on individuals who own and operate such 
vessels.
    (e) Endorsements Revoked.--The Secretary of Transportation 
shall revoke the fishery endorsement of any vessel subject to 
section 12102(c) of title 46, United States Code, as amended by 
this Act, whose owner does not comply with such section.
    (f) Penalty.--Section 12122 of title 46, United States 
Code, is amended by inserting at the end the following new 
subsection:
    ``(c) In addition to penalties under subsections (a) and 
(b), the owner of a documented vessel for which a fishery 
endorsement has been issued is liable to the United States 
Government for a civil penalty of up to $100,000 for each day 
in which such vessel has engaged in fishing(as such term is 
defined in section 3 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802)) within the exclusive economic zone of 
the United States, if the owner or the representative or agent of the 
owner knowingly falsified or concealed a material fact, or knowingly 
made a false statement or representation with respect to the 
eligibility of the vessel under section 12102(c) of this title in 
applying for or applying to renew such fishery endorsement.''.
    (g) Certain Vessels.--The vessels EXCELLENCE (United States 
official number 967502), GOLDEN ALASKA (United States official 
number 651041), OCEAN PHOENIX (United States official number 
296779), NORTHERN TRAVELER (United States official number 
635986), and NORTHERN VOYAGER (United States official number 
637398) (or a replacement vessel for the NORTHERN VOYAGER that 
complies with paragraphs (2), (5), and (6) of section 208(g) of 
this Act) shall be exempt from section 12102(c), as amended by 
this Act, until such time after October 1, 2001 as more than 50 
percent of the interest owned and controlled in the vessel 
changes, provided that the vessel maintains eligibility for a 
fishery endorsement under the federal law that was in effect 
the day before the date of the enactment of this Act, and 
unless, in the case of the NORTHERN TRAVELER or the NORTHERN 
VOYAGER (or such replacement), the vessel is used in any 
fishery under the authority of a regional fishery management 
council other than the New England Fishery Management Council 
or Mid-Atlantic Fishery Management Council established, 
respectively, under subparagraphs (A) and (B) of section 
302(a)(1) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in the 
case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX, the 
vessel is used to harvest any fish.

SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE.

    (a) Repeal.--Section 7(b) of the Commercial Fishing 
Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-
239; 46 U.S.C. 12102 note) is hereby repealed.
    (b) Effective Date.--Subsection (a) shall take effect on 
October 1, 2001.

                Subtitle II--Bering Sea Pollock Fishery

SEC. 205. DEFINITIONS.

    As used in this subtitle--
            (1) the term ``Bering Sea and Aleutian Islands 
        Management Area'' has the same meaning as the meaning 
        given for such term in part 679.2 of title 50, Code of 
        Federal Regulations, as in effect on October 1, 1998;
            (2) the term ``catcher/processor'' means a vessel 
        that is used for harvesting fish and processing that 
        fish;
            (3) the term ``catcher vessel'' means a vessel that 
        is used for harvesting fish and that does not process 
        pollock onboard;
            (4) the term ``directed pollock fishery'' means the 
        fishery for the directed fishing allowances allocated 
        under paragraphs (1), (2), and (3) of section 206(b);
            (5) the term ``harvest'' means to commercially 
        engage in the catching, taking, or harvesting of fish 
        or any activity that can reasonably be expected to 
        result in the catching, taking, or harvesting of fish;
            (6) the term ``inshore component'' means the 
        following categories that process groundfish harvested 
        in the Bering Sea and Aleutian Islands Management Area:
                    (A) shoreside processors, including those 
                eligible under section 208(f); and
                    (B) vessels less than 125 feet in length 
                overall that process less than 126 metric 
tonsper week in round-weight equivalents of an aggregate amount of 
pollock and Pacific cod;
            (7) the term ``Magnuson-Stevens Act'' means the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1801 et seq.);
            (8) the term ``mothership'' means a vessel that 
        receives and processes fish from other vessels in the 
        exclusive economic zone of the United States and is not 
        used for, or equipped to be used for, harvesting fish;
            (9) the term ``North Pacific Council'' means the 
        North Pacific Fishery Management Council established 
        under section 302(a)(1)(G) of the Magnuson-Stevens Act 
        (16 U.S.C. 1852(a)(1)(G));
            (10) the term ``offshore component'' means all 
        vessels not included in the definition of ``inshore 
        component'' that process groundfish harvested in the 
        Bering Sea and Aleutian Islands Management Area;
            (11) the term ``Secretary'' means the Secretary of 
        Commerce; and
            (12) the term ``shoreside processor'' means any 
        person or vessel that receives unprocessed fish, except 
        catcher/processors, motherships, buying stations, 
        restaurants, or persons receiving fish for personal 
        consumption or bait.

SEC. 206. ALLOCATIONS.

    (a) Pollock Community Development Quota.--Effective January 
1, 1999, 10 percent of the total allowable catch of pollock in 
the Bering Sea and Aleutian Islands Management Area shall be 
allocated as a directed fishing allowance to the western Alaska 
community development quota program established under section 
305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
    (b) Inshore/Offshore.--Effective January 1, 1999, the 
remainder of the pollock total allowable catch in the Bering 
Sea and Aleutian Islands Management Area, after the subtraction 
of the allocation under subsection (a) and the subtraction of 
allowances for the incidental catch of pollock by vessels 
harvesting other groundfish species (including under the 
western Alaska community development quota program) shall be 
allocated as directed fishing allowances as follows--
            (1) 50 percent to catcher vessels harvesting 
        pollock for processing by the inshore component;
            (2) 40 percent to catcher/processors and catcher 
        vessels harvesting pollock for processing by catcher/
        processors in the offshore component; and
            (3) 10 percent to catcher vessels harvesting 
        pollock for processing by motherships in the offshore 
        component.

SEC. 207. BUYOUT.

    (a) Federal Loan.--Under the authority of sections 1111 and 
1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1279f and 1279g) and notwithstanding the requirements of 
section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the 
Secretary shall, subject to the availability of appropriations 
for the cost of the direct loan, provide up to $75,000,000 
through a direct loan obligation for the payments required 
under subsection (d).
    (b) Inshore Fee System.--Notwithstanding the requirements 
of section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 
1854(d) and 1861a), the Secretary shall establish a fee for the 
repayment of such loan obligation which--
            (1) shall be six-tenths (0.6) of one cent for each 
        pound round-weight of all pollock harvested from the 
        directed fishing allowance under section 206(b)(1); and
            (2) shall begin with such pollock harvested on or 
        after January 1, 2000, and continue without 
        interruption until such loan obligation is fully 
        repaid; and
            (3) shall be collected in accordance with section 
        312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C. 
        1861a(d)(2)(C)) and in accordance with such other 
        conditions as the Secretary establishes.
    (c) Federal Appropriation.--Under the authority of section 
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 
1861a(c)(1)(B)), there are authorized to be appropriated 
$20,000,000 for the payments required under subsection (d).
    (d) Payments.--Subject to the availability of 
appropriations for the cost of the direct loan under subsection 
(a) and funds under subsection (c), the Secretary shall pay by 
not later than December 31, 1998--
            (1) up to $90,000,000 to the owner or owners of the 
        catcher/processors listed in paragraphs (1) through (9) 
        of section 209, in such manner as the owner or owners, 
        with the concurrence of the Secretary, agree, except 
        that--
                    (A) the portion of such payment with 
                respect to the catcher/processor listed in 
                paragraph (1) of section 209 shall be made only 
                after the owner submits a written certification 
                acceptable to the Secretary that neither the 
                owner nor a purchaser from the owner intends to 
                use such catcher/processor outside of the 
                exclusive economic zone of the United States to 
                harvest any stock of fish (as such term is 
                defined in section 3 of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1802)) that occurs within the exclusive 
                economic zone of the United States; and
                    (B) the portion of such payment with 
                respect to the catcher/processors listed in 
                paragraphs (2) through (9) of section 209 shall 
                be made only after the owner or owners of such 
                catcher/processors submit a written 
                certification acceptable to the Secretary that 
                such catcher/processors will be scrapped by 
                December 31, 2000 and will not, before that 
                date, be used to harvest or process any fish; 
                and
            (2)(A) if a contract has been filed under section 
        210(a) by the catcher/processors listed in section 
        208(e), $5,000,000 to the owner or owners of the 
        catcher/processors listed in paragraphs (10) through 
        (14) of such section in such manner as the owner or 
        owners, with the concurrence of the Secretary, agree; 
        or
            (B) if such a contract has not been filed by such 
        date, $5,000,000 to the owners of the catcher vessels 
        eligible under section 208(b) and the catcher/
        processors eligible under paragraphs (1) through (20) 
        of section 208(e), divided based on the amountof the 
harvest of pollock in the directed pollock fishery by each such vessel 
in 1997 in such manner as the Secretary deems appropriate,
except that any such payments shall be reduced by any 
obligation to the federal government that has not been 
satisfied by such owner or owners of any such vessels.
    (e) Penalty.--If the catcher/processor under paragraph (1) 
of section 209 is used outside of the exclusive economic zone 
of the United States to harvest any stock of fish that occurs 
within the exclusive economic zone of the United States while 
the owner who received the payment under subsection (d)(1)(A) 
has an ownership interest in such vessel, or if the catcher/
processors listed in paragraphs (2) through (9) of section 209 
are determined by the Secretary not to have been scrapped by 
December 31, 2000 or to have been used in a manner inconsistent 
with subsection (d)(1)(B), the Secretary may suspend any or all 
of the federal permits which allow any vessels owned in whole 
or in part by the owner or owners who received payments under 
subsection (d)(1) to harvest or process fish within the 
exclusive economic zone of the United States until such time as 
the obligations of such owner or owners under subsection (d)(1) 
have been fulfilled to the satisfaction of the Secretary.
    (f) Program Defined; Maturity.--For the purposes of section 
1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), 
the fishing capacity reduction program in this subtitle shall 
be within the meaning of the term ``program'' as defined and 
used in such section. Notwithstanding section 1111(b)(4) of 
such Act (46 U.S.C. App. 1279f(b)(4)), the debt obligation 
under subsection (a) of this section may have a maturity not to 
exceed 30 years.
    (g) Fishery Capacity Reduction Regulations.--The Secretary 
of Commerce shall by not later than October 15, 1998 publish 
proposed regulations to implement subsections (b), (c), (d), 
and (e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 
1861a) and sections 1111 and 1112 of title XI of the Merchant 
Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).

SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

    (a) Catcher Vessels Onshore.--Effective January 1, 2000, 
only catcher vessels which are--
            (1) determined by the Secretary--
                    (A) to have delivered at least 250 metric 
                tons of pollock; or
                    (B) to be less than 60 feet in length 
                overall and to have delivered at least 40 
                metric tons of pollock,
for processing by the inshore component in the directed pollock 
fishery in any one of the years 1996 or 1997, or between 
January 1, 1998 and September 1, 1998;
            (2) eligible to harvest pollock in the directed 
        pollock fishery under the license limitation program 
        recommended by the North Pacific Council and approved 
        by the Secretary; and
            (3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance 
under section 206(b)(1) pursuant to a federal fishing permit.
    (b) Catcher Vessels to Catcher/Processors.--Effective 
January 1, 1999, only the following catcher vessels shall be 
eligible to harvest the directed fishing allowance under 
section 206(b)(2) pursuant to a federal fishing permit:
            (1) AMERICAN CHALLENGER (United States official 
        number 615085);
            (2) FORUM STAR (United States official number 
        925863);
            (3) MUIR MILACH (United States official number 
        611524);
            (4) NEAHKAHNIE (United States official number 
        599534);
            (5) OCEAN HARVESTER (United States official number 
        549892);
            (6) SEA STORM (United States official number 
        628959);
            (7) TRACY ANNE (United States official number 
        904859); and
            (8) any catcher vessel--
                    (A) determined by the Secretary to have 
                delivered at least 250 metric tons and at least 
                75 percent of the pollock it harvested in the 
                directed pollock fishery in 1997 to catcher/
                processors for processing by the offshore 
                component; and
                    (B) eligible to harvest pollock in the 
                directed pollock fishery under the license 
                limitation program recommended by the North 
                Pacific Council and approved by the Secretary.
    (c) Catcher Vessels to Motherships.--Effective January 1, 
2000, only the following catcher vessels shall be eligible to 
harvest the directed fishing allowance under section 206(b)(3) 
pursuant to a federal fishing permit:
            (1) ALEUTIAN CHALLENGER (United States official 
        number 603820);
            (2) ALYESKA (United States official number 560237);
            (3) AMBER DAWN (United States official number 
        529425);
            (4) AMERICAN BEAUTY (United States official number 
        613847);
            (5) CALIFORNIA HORIZON (United States official 
        number 590758);
            (6) MAR-GUN (United States official number 525608);
            (7) MARGARET LYN (United States official number 
        615563);
            (8) MARK I (United States official number 509552);
            (9) MISTY DAWN (United States official number 
        926647);
            (10) NORDIC FURY (United States official number 
        542651);
            (11) OCEAN LEADER (United States official number 
        561518);
            (12) OCEANIC (United States official number 
        602279);
            (13) PACIFIC ALLIANCE (United States official 
        number 612084);
            (14) PACIFIC CHALLENGER (United States official 
        number 518937);
            (15) PACIFIC FURY (United States official number 
        561934);
            (16) PAPADO II (United States official number 
        536161);
            (17) TRAVELER (United States official number 
        929356);
            (18) VESTERAALEN (United States official number 
        611642);
            (19) WESTERN DAWN (United States official number 
        524423); and
            (20) any vessel--
                    (A) determined by the Secretary to have 
                delivered at least 250 metric tons of pollock 
                for processing by motherships in the offshore 
                component of the directed pollock fishery in 
                any one of the years 1996 or 1997, or between 
                January 1, 1998 and September 1, 1998;
                    (B) eligible to harvest pollock in the 
                directed pollock fishery under the license 
                limitation program recommended by the North 
                Pacific Council and approved by the Secretary; 
                and
                    (C) not listed in subsection (b).
    (d) Motherships.--Effective January 1, 2000, only the 
following motherships shall be eligible to process the directed 
fishing allowance under section 206(b)(3) pursuant to a federal 
fishing permit:
            (1) EXCELLENCE (United States official number 
        967502);
            (2) GOLDEN ALASKA (United States official number 
        651041); and
            (3) OCEAN PHOENIX (United States official number 
        296779).
    (e) Catcher/Processors.--Effective January 1, 1999, only 
the following catcher/processors shall be eligible to harvest 
the directed fishing allowance under section 206(b)(2) pursuant 
to a federal fishing permit:
            (1) AMERICAN DYNASTY (United States official number 
        951307);
            (2) KATIE ANN (United States official number 
        518441);
            (3) AMERICAN TRIUMPH (United States official number 
        646737);
            (4) NORTHERN EAGLE (United States official number 
        506694);
            (5) NORTHERN HAWK (United States official number 
        643771);
            (6) NORTHERN JAEGER (United States official number 
        521069);
            (7) OCEAN ROVER (United States official number 
        552100);
            (8) ALASKA OCEAN (United States official number 
        637856);
            (9) ENDURANCE (United States official number 
        592206);
            (10) AMERICAN ENTERPRISE (United States official 
        number 594803);
            (11) ISLAND ENTERPRISE (United States official 
        number 610290);
            (12) KODIAK ENTERPRISE (United States official 
        number 579450);
            (13) SEATTLE ENTERPRISE (United States official 
        number 904767);
            (14) US ENTERPRISE (United States official number 
        921112);
            (15) ARCTIC STORM (United States official number 
        903511);
            (16) ARCTIC FJORD (United States official number 
        940866);
            (17) NORTHERN GLACIER (United States official 
        number 663457);
            (18) PACIFIC GLACIER (United States official number 
        933627);
            (19) HIGHLAND LIGHT (United States official number 
        577044);
            (20) STARBOUND (United States official number 
        944658); and
            (21) any catcher/processor not listed in this 
        subsection and determined by the Secretary to have 
        harvested more than 2,000 metric tons of the pollock in 
        the 1997 directed pollock fishery and determined to be 
        eligible to harvest pollock in the directed pollock 
        fishery under the license limitation program 
        recommended by the North Pacific Council and approved 
        by the Secretary, except that catcher/processors 
        eligible under this paragraph shall be prohibited from 
        harvesting in the aggregate a total of more than one-
        half (0.5) of a percent of the pollock apportioned for 
        the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the 
requirements of section 4(a) of the Commercial Fishing Industry 
Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46 
U.S.C. 12108 note) shall not make a catcher/processor listed 
under this subsection ineligible for a fishery endorsement.
    (f) Shoreside Processors.--(1) Effective January 1, 2000 
and except as provided in paragraph (2), the catcher vessels 
eligible under subsection (a) may deliver pollock harvested 
from the directed fishing allowance under section 206(b)(1) 
only to--
            (A) shoreside processors (including vessels in a 
        single geographic location in Alaska State waters) 
        determined by the Secretary to have processed more than 
        2,000 metric tons round-weight of pollock in the 
        inshore component of the directed pollock fishery 
        during each of 1996 and 1997; and
            (B) shoreside processors determined by the 
        Secretary to have processed pollock in the inshore 
        component of the directed pollock fishery in 1996 or 
        1997, but to have processed less than 2,000 metric tons 
        round-weight of such pollock in each year, except that 
        effective January 1, 2000, each such shoreside 
        processor may not process more than 2,000 metric tons 
        round-weight from such directed fishing allowance in 
        any year.
    (2) Upon recommendation by the North Pacific Council, the 
Secretary may approve measures to allow catcher vessels 
eligible under subsection (a) to deliver pollock harvested from 
the directed fishing allowance under section 206(b)(1) to 
shoreside processors not eligible under paragraph (1) if the 
total allowable catch for pollock in the Bering Sea and 
Aleutian Islands Management Area increases by more than 10 
percent above the total allowable catch in such fishery in 
1997, or in the event of the actual total loss or constructive 
total loss of a shoreside processor eligible under paragraph 
(1)(A).
    (g) Replacement Vessels.--In the event of the actual total 
loss or constructive total loss of a vessel eligible under 
subsections (a), (b), (c), (d), or (e), the owner of such 
vessel may replace such vessel with a vessel which shall be 
eligible in the same manner under that subsection as the 
eligible vessel, provided that--
            (1) such loss was caused by an act of God, an act 
        of war, a collision, an act or omission of a party 
        other than the owner or agent of the vessel, or any 
        other event not caused by the willful misconduct of the 
        owner or agent;
            (2) the replacement vessel was built in the United 
        States and if ever rebuilt, was rebuilt in the United 
        States;
            (3) the fishery endorsement for the replacement 
        vessel is issued within 36 months of the end of the 
        last year in which the eligible vessel harvested or 
        processed pollock in the directed pollock fishery;
            (4) if the eligible vessel is greater than 165 feet 
        in registered length, of more than 750 gross registered 
        tons, or has engines capable of producing more than 
        3,000 shaft horsepower, the replacement vessel is of 
        the same or lesser registered length, gross registered 
        tons, and shaft horsepower;
            (5) if the eligible vessel is less than 165 feet in 
        registered length, of fewer than 750 gross registered 
        tons, and has engines incapable of producing less than 
        3,000 shaft horsepower, the replacement vessel is less 
        than each of such thresholds and does not exceed by 
        more than 10 percent the registered length, gross 
        registered tons or shaft horsepower of the eligible 
        vessel; and
            (6) the replacement vessel otherwise qualifies 
        under federal law for a fishery endorsement, including 
        under section 12102(c) of title 46, United States Code, 
        as amended by this Act.
    (h) Eligibility During Implementation.--In the event the 
Secretary is unable to make a final determination about the 
eligibility of a vessel under subsection (b)(8) or subsection 
(e)(21) before January 1, 1999, or a vessel or shoreside 
processor under subsection (a), subsection (c)(21), or 
subsection (f) before January 1, 2000, such vessel or shoreside 
processor, upon the filing of anapplication for eligibility, 
shall be eligible to participate in the directed pollock fishery 
pending final determination by the Secretary with respect to such 
vessel or shoreside processor.
    (i) Eligibility Not a Right.--Eligibility under this 
section shall not be construed--
            (1) to confer any right of compensation, monetary 
        or otherwise, to the owner of any catcher vessel, 
        catcher/processor, mothership, or shoreside processor 
        if such eligibility is revoked or limited in any way, 
        including through the revocation or limitation of a 
        fishery endorsement or any federal permit or license;
            (2) to create any right, title, or interest in or 
        to any fish in any fishery; or
            (3) to waive any provision of law otherwise 
        applicable to such catcher vessel, catcher/processor, 
        mothership, or shoreside processor.

SEC. 209. LIST OF INELIGIBLE VESSELS.

    Effective December 31, 1998, the following vessels shall be 
permanently ineligible for fishery endorsements, and any claims 
(including relating to catch history) associated with such 
vessels that could qualify any owners of such vessels for any 
present or future limited access system permit in any fishery 
within the exclusive economic zone of the United States 
(including a vessel moratorium permit or license limitation 
program permit in fisheries under the authority of the North 
Pacific Council) are hereby extinguished:
            (1) AMERICAN EMPRESS (United States official number 
        942347);
            (2) PACIFIC SCOUT (United States official number 
        934772);
            (3) PACIFIC EXPLORER (United States official number 
        942592);
            (4) PACIFIC NAVIGATOR (Uoited States official 
        number 592204);
            (5) VICTORIA ANN (United States official number 
        592207);
            (6) ELIZABETH ANN (United States official number 
        534721);
            (7) CHRISTINA ANN (United States official number 
        653045);
            (8) REBECCA ANN (United States official number 
        592205); and
            (9) BROWNS POINT (United States official number 
        587440).

SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

    (a) Public Notice.--(1) Any contract implementing a fishery 
cooperative under section 1 of the Act of June 25, 1934 (15 
U.S.C. 521) in the directed pollock fishery and any material 
modifications to any such contract shall be filed not less than 
30 days prior to the start of fishing under the contract with 
the North Pacific Council and with the Secretary, together with 
a copy of a letter from a party to the contract requesting a 
business review letter on the fishery cooperative from the 
Department of Justice and any response to such request. 
Notwithstanding section 402 of the Magnuson-Stevens Act (16 
U.S.C. 1881a) or any other provision of law, but taking into 
account the interest of parties to any such contract in 
protecting the confidentiality of proprietary information, the 
North Pacific Council and Secretary shall--
            (A) make available to the public such information 
        about the contract, contract modifications, or fishery 
        cooperative the North Pacific Council and Secretary 
        deem appropriate, which at a minimum shall include a 
        list of the parties to the contract, a list of the 
        vessels involved, and the amount of pollock and other 
        fish to be harvested by each party to such contract; 
        and
            (B) make available to the public in such manner as 
        the North Pacific Council and Secretary deem 
        appropriate information about the harvest by vessels 
        under a fishery cooperative of all species 
(includingbycatch) in the directed pollock fishery on a vessel-by-
vessel basis.
    (b) Catcher Vessels Onshore.--
            (1) Catcher vessel cooperatives.--Effective January 
        1, 2000, upon the filing of a contract implementing a 
        fishery cooperative under subsection (a) which--
                    (A) is signed by the owners of 80 percent 
                or more of the qualified catcher vessels that 
                delivered pollock for processing by a shoreside 
                processor in the directed pollock fishery in 
                the year prior to the year in which the fishery 
                cooperative will be in effect; and
                    (B) specifies, except as provided in 
                paragraph (6), that such catcher vessels will 
                deliver pollock in the directed pollock fishery 
                only to such shoreside processor during the 
                year in which the fishery cooperative will be 
                in effect and that such shoreside processor has 
                agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and 
catcher vessels whose owners voluntarily participate pursuant 
to paragraph (2)) to harvest the aggregate percentage of the 
directed fishing allowance under section 206(b)(1) in the year 
in which the fishery cooperative will be in effect that is 
equivalent to the aggregate total amount of pollock harvested 
by such catcher vessels (and by such catcher vessels whose 
owners voluntarily participate pursuant to paragraph (2)) in 
the directed pollock fishery for processing by the inshore 
component during 1995, 1996, and 1997 relative to the aggregate 
total amount of pollock harvested in the directed pollock 
fishery for processing by the inshore component during such 
years and shall prevent such catcher vessels (and catcher 
vessels whose owners voluntarily participate pursuant to 
paragraph (2)) from harvesting in aggregate in excess of such 
percentage of such directed fishing allowance.
            (2) Voluntary participation.--Any contract 
        implementing a fishery cooperative under paragraph (1) 
        must allow the owners of other qualified catcher 
        vessels to enter into such contract after it is filed 
        and before the calender year in which fishing will 
        begin under the same terms and conditions as the owners 
        of the qualified catcher vessels who entered into such 
        contract upon filing.
            (3) Qualified catcher vessel.--For the purposes of 
        this subsection, a catcher vessel shall be considered a 
        ``qualified catcher vessel'' if, during the year prior 
        to the year in which the fishery cooperative will be in 
        effect, it delivered more pollock to the shoreside 
        processor to which it will deliver pollock under the 
        fishery cooperative in paragraph (1) than to any other 
        shoreside processor.
            (4) Consideration of certain vessels.--Any contract 
        implementing a fishery cooperative under paragraph (1) 
        which has been entered into by the owner of a qualified 
        catcher vessel eligible under section 208(a) that 
        harvested pollock for processing by catcher/processors 
        or motherships in the directed pollock fishery during 
        1995, 1996, and 1997 shall, to the extent practicable, 
        provide fair and equitable terms and conditions for the 
        owner of such qualified catcher vessel.
            (5) Open access.--A catcher vessel eligible under 
        section 208(a) the catch history of which has not been 
        attributed to a fishery cooperative under paragraph (1) 
        may be used to deliver pollock harvested by such vessel 
        from the directed fishing allowance under section 
        206(b)(1) (other than pollock reserved under paragraph 
        (1) for a fishery cooperative) to any of the shoreside 
        processors eligible under section 208(f). A catcher 
        vessel eligible under section 208(a) the catch history 
        of which has been attributed to a fishery cooperative 
        under paragraph (1) during any calendar year may not 
        harvest any pollock apportioned under section 206(b)(1) 
        in such calendar year other than the pollock reserved 
        under paragraph (1) for such fishery cooperative.
            (6) Transfer of cooperative harvest.--A contract 
        implementing a fishery cooperative under paragraph (1) 
        may, notwithstanding the other provisions of this 
        subsection, provide for up to 10 percent of the pollock 
        harvested under such cooperative to be processed by a 
        shoreside processor eligible under section 208(f) other 
        than the shoreside processor to which pollock will be 
        delivered under paragraph (1).
    (c) Catcher Vessels to Catcher/Processors.--Effective 
January 1, 1999, not less than 8.5 percent of the directed 
fishing allowance under section 206(b)(2) shall be available 
for harvest only by the catcher vessels eligible under section 
208(b). The owners of such catcher vessels may participate in a 
fishery cooperative with the owners of the catcher/processors 
eligible under paragraphs (1) through (20) of the section 
208(e). The owners of such catcher vessels may participate in a 
fishery cooperative that will be in effect during 1999 only if 
the contract implementing such cooperative establishes 
penalties to prevent such vessels from exceeding in 1999 the 
traditional levels harvested by such vessels in all other 
fisheries in the exclusive economic zone of the United States.
    (d) Catcher Vessels to Motherships.--
            (1) Processing.--Effective January 1, 2000, the 
        authority in section 1 of the Act of June 25, 1934 (48 
        Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall 
        extend to processing by motherships eligible under 
        section 208(d) solely for the purposes of forming or 
        participating in a fishery cooperative in the directed 
        pollock fishery upon the filing of a contract to 
        implement a fishery cooperative under subsection (a) 
        which has been entered into by the owners of 80 percent 
        or more of the catcher vessels eligible under section 
        208(c) for the duration of such contract, provided that 
        such owners agree to the terms of the fishery 
        cooperative involving processing by the motherships.
            (2) Voluntary participation.--Any contract 
        implementing a fishery cooperative described in 
        paragraph (1) must allow the owners of any other 
        catcher vessels eligible under section 208(c) to enter 
        such contract after it is filed and before the calendar 
        year in which fishing will begin under the same terms 
        and conditions as the owners of the catcher vessels who 
        entered into such contract upon filing.
    (e) Excessive Shares.--
            (1) Harvesting.--No particular individual, 
        corporation, or other entity may harvest, through a 
        fishery cooperative or otherwise, a total of more than 
        17.5 percent of the pollock available to be harvested 
        in the directed pollock fishery.
            (2) Processing.--Under the authority of section 
        301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 
        1851(a)(4)), the North Pacific Council is directed to 
        recommend for approval by the Secretary conservation 
        and management measures to prevent any particular 
        individual or entity from processing an excessive share 
        of the pollock available to be harvested in the 
        directed pollock fishery. In the event the North 
        Pacific Council recommends and the Secretary approves 
        an excessive processing share that is lower than 17.5 
        percent, any individual or entity that previously 
        processed a percentage greater than such share shall be 
        allowed to continue to process such percentage, except 
        that their percentage may not exceed 17.5 percent 
        (excluding pollock processed by catcher/processors that 
        was harvested in the directed pollock fishery by 
        catcher vessels eligible under 208(b)) and shall be 
        reduced if their percentage decreases, until their 
        percentage is below such share. In recommending the 
        excessive processing share, the North Pacific Council 
        shall consider the need of catcher vessels in the 
        directed pollock fishery to have competitive buyers for 
        the pollock harvested by such vessels.
            (3) Review by maritime administration.--At the 
        request of the North Pacific Council or the Secretary, 
        any individual or entity believed by such Council or 
        the Secretary to have exceeded the percentage in either 
        paragraph (1) or (2) shall submit such information to 
        the Administrator of the Maritime Administration as the 
        Administrator deems appropriate to allow the 
        Administrator to determine whether such individual or 
        entity has exceeded either such percentage. The 
        Administrator shall make a finding as soon as 
        practicable upon such request and shall submit such 
        finding to the North Pacific Council and the Secretary. 
        For the purposes of this subsection, any entity in 
        which 10 percent or more of the interest is owned or 
        controlled by another individual or entity shall be 
        considered to be the same entity as the other 
        individual or entity.
    (f) Landing Tax Jurisdiction.--Any contract filed under 
subsection (a) shall include a contract clause under which the 
parties to the contract agree to make payments to the State of 
Alaska for any pollock harvested in thedirected pollock fishery 
which is not landed in the State of Alaska, in amounts which would 
otherwise accrue had the pollock been landed in the State of Alaska 
subject to any landing taxes established under Alaska law. Failure to 
include such a contract clause or for such amounts to be paid shall 
result in a revocation of the authority to form fishery cooperatives 
under section 1 of the Act of June 25, 1934 (15 U.S.C. 521 et seq.).
    (g) Penalties.--The violation of any of the requirements of 
this section or section 211 shall be considered the commission 
of an act prohibited by section 307 of the Magnuson-Stevens Act 
(16 U.S.C. 1857). In addition to the civil penalties and permit 
sanctions applicable to prohibited acts under section 308 of 
such Act (16 U.S.C. 1858), any person who is found by the 
Secretary, after notice and an opportunity for a hearing in 
accordance with section 554 of title 5, United States Code, to 
have violated a requirement of this section shall be subject to 
the forfeiture to the Secretary of Commerce of any fish 
harvested or processed during the commission of such act.

SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.

    (a) General.--The North Pacific Council shall recommend for 
approval by the Secretary such conservation and management 
measures as it determines necessary to protect other fisheries 
under its jurisdiction and the participants in those fisheries, 
including processors, from adverse impacts caused by this Act 
or fishery cooperatives in the directed pollock fishery.
    (b) Catcher/Processor Restrictions.--
            (1) General.--The restrictions in this subsection 
        shall take effect on January 1, 1999 and shall remain 
        in effect thereafter except that they may be superceded 
        (with the exception of paragraph (4)) by conservation 
        and management measures recommended after the date of 
        the enactment of this Act by the North Pacific Council 
        and approved by the Secretary in accordance with the 
        Magnuson-Stevens Act.
            (2) Bering sea fishing.--The catcher/processors 
        eligible under paragraphs (1) through (20) of section 
        208(e) are hereby prohibited from, in the aggregate--
                    (A) exceeding the percentage of the harvest 
                available in the offshore component of any 
                Bering Sea and Aleutian Islands groundfish 
                fishery (other than the pollock fishery) that 
                is equivalent to the total harvest by such 
                catcher/processors and the catcher/processors 
                listed in section 209 in the fishery in 1995, 
                1996, and 1997 relative to the total amount 
                available to be harvested by the offshore 
                component in the fishery in 1995, 1996, and 
                1997;
                    (B) exceeding the percentage of the 
                prohibited species available in the offshore 
                component of any Bering Sea and Aleutian 
                Islands groundfish fishery (other than the 
                pollock fishery) that is equivalent to the 
                total of the prohibited species harvested by 
                such catcher/processors and the catcher/
                processors listed in section 209 in the fishery 
                in 1995, 1996, and 1997 relative to the total 
                amount of prohibited species available to be 
                harvested by the offshore component in the 
                fishery in 1995, 1996, and 1997; and
                    (C) fishing for Atka mackerel in the 
                eastern area of the Bering Sea and Aleutian 
                Islands and from exceeding the following 
                percentages of the directed harvest available 
                in the Bering Sea and Aleutian Islands Atka 
                mackerel fishery--
                            (i) 11.5 percent in the central 
                        area; and
                            (ii) 20 percent in the western 
                        area.
            (3) Bering sea processing.--The catcher/processors 
        eligible under paragraphs (1) through (20) of section 
        208(e) are hereby prohibited from--
                    (A) processing any of the directed fishing 
                allowances under paragraphs (1) or (3) of 
                section 206(b); and
                    (B) processing any species of crab 
                harvested in the Bering Sea and Aleutian 
                Islands Management Area.
            (4) Gulf of alaska.--The catcher/processors 
        eligible under paragraphs (1) through (20) of section 
        208(e) are hereby prohibited from--
                    (A) harvesting any fish in the Gulf of 
                Alaska;
                    (B) processing any groundfish harvested 
                from the portion of the exclusive economic zone 
                off Alaska known as area 630 under the fishery 
                management plan for Gulf of Alaska groundfish; 
                or
                    (C) processing any pollock in the Gulf of 
                Alaska (other than as bycatch in non-pollock 
                groundfish fisheries) or processing, in the 
                aggregate, a total of more than 10 percent of 
                the cod harvested from areas 610, 620, and 640 
                of the Gulf of Alaska under the fishery 
                management plan for Gulf of Alaska groundfish.
            (5) Fisheries other than north pacific.--The 
        catcher/processors eligible under paragraphs (1) 
        through (20) of section 208(e) and motherships eligible 
        under section 208(d) are hereby prohibited from 
        harvesting fish in any fishery under the authority of 
        any regional fishery management council established 
        under section 302(a) of the Magnuson-Stevens Act (16 
        U.S.C. 1852(a)) other than the North Pacific Council, 
        except for the Pacific whiting fishery, and from 
        processing fish in any fishery under the authority of 
        any such regional fishery management council other than 
        the North Pacific Council, except in the Pacific 
        whiting fishery, unless the catcher/processor or 
        mothership is authorized to harvest or process fish 
        under a fishery management plan recommended by the 
        regional fishery management council of jurisdiction and 
        approved by the Secretary.
            (6) Observers and scales.--The catcher/processors 
        eligible under paragraphs (1) through (20) of section 
        208(e) shall--
                    (A) have two observers onboard at all times 
                while groundfish is being harvested, processed, 
                or received from another vessel in any fishery 
                under the authority of the North Pacific 
                Council; and
                    (B) weigh its catch on a scale onboard 
                approved by the National Marine Fisheries 
                Service while harvesting groundfish in 
                fisheries under the authority of the North 
                Pacific Council.
        This paragraph shall take effect on January 1, 1999 for 
        catcher/processors eligible under paragraphs (1) 
        through (20) of section 208(e) that will harvest 
        pollock allocated under section 206(a) in 1999, and 
        shall take effect on January 1, 2000 for all other 
        catcher/processors eligible under such paragraphs of 
        section 208(e).
    (c) Catcher Vessel and Shoreside Processor Restrictions.--
            (1) Required council recommendations.--By not later 
        than July 1, 1999, the North Pacific Council shall 
        recommend for approval by the Secretary conservation 
        and management measures to--
                    (A) prevent the catcher vessels eligible 
                under subsections (a), (b), and (c) of section 
                208 from exceeding in the aggregate the 
                traditional harvest levels of such vessels in 
                other fisheries under the authority of the 
                North Pacific Council as a result of fishery 
                cooperatives in the directed pollock fishery; 
                and
                    (B) protect processors not eligible to 
                participate in the directed pollock fishery 
                from adverse effects as a result of this Act or 
                fishery cooperatives in the directed pollock 
                fishery.
        If the North Pacific Council does not recommend such 
        conservation and management measures by such date, or 
        if the Secretary determines that such conservation and 
        management measures recommended by the North Pacific 
        Council are not adequate to fulfill the purposes of 
        this paragraph, the Secretary may by regulation 
        restrict or change the authority in section 210(b) to 
        the extent the Secretary deems appropriate, including 
        by preventing fishery cooperatives from being formed 
        pursuant to such section and by providing greater 
        flexibility with respect to the shoreside processor or 
        shoreside processors to which catcher vessels in a 
        fishery cooperative under section 210(b) may deliver 
        pollock.
            (2) Bering sea crab and groundfish.--
                    (A) Effective January 1, 2000, the owners 
                of the motherships eligible under section 
                208(d) and the shoreside processors eligible 
                under section 208(f) that receive pollock from 
                the directed pollock fishery under a fishery 
                cooperative are hereby prohibited from 
                processing, in the aggregate for each calendar 
                year, more than the percentage of the total 
                catch of each species of crab in directed 
                fisheries under the jurisdiction of the North 
                Pacific Council than facilities operated by 
                such owners processed of each such species in 
                the aggregate, on average, in 1995, 1996, 1997. 
                For the purposes of this subparagraph, the term 
                ``facilities'' means any processing plant, 
                catcher/processor, mothership, floating 
                processor, or any other operation that 
                processes fish. Any entity in which 10 percent 
                or more of the interest is owned or controlled 
                by another individual or entity shall be 
                considered to be the same entity as the other 
                individual or entity for the purposes of this 
                subparagraph.
                    (B) Under the authority of section 
                301(a)(4) of the Magnuson-Stevens Act (16 
                U.S.C. 1851(a)(4)), the North Pacific Council 
                is directed to recommend for approval by the 
                Secretary conservation and management measures 
                to prevent any particular individual or entity 
                from harvesting or processing an excessive 
                share of crab or of groundfish in fisheries in 
                the Bering Sea and Aleutian Islands Management 
                Area.
                    (C) The catcher vessels eligible under 
                section 208(b) are hereby prohibited from 
                participating in a directed fishery for any 
                species of crab in the Bering Sea and Aleutian 
                Islands Management Area unless the catcher 
                vessel harvested crab in the directed fishery 
                for that species of crab in such Area during 
                1997 and is eligible to harvest such crab in 
                such directed fishery under the license 
                limitation program recommended by the North 
                Pacific Council and approved by the Secretary. 
                The North Pacific Council is directed to 
                recommend measures for approval by the 
                Secretary to eliminate latent licenses under 
                such program, and nothing in this subparagraph 
                shall preclude the Council from recommending 
                measures more restrictive than under this 
                paragraph.
            (3) Fisheries other than north pacific.--
                    (A) By not later than July 1, 2000, the 
                Pacific Fishery Management Council established 
                under section 302(a)(1)(F) of the Magnuson-
                Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall 
                recommend for approval by the Secretary 
                conservation and management measures to protect 
                fisheries under its jurisdiction and the 
                participants in those fisheries from adverse 
                impacts caused by this Act or by any fishery 
                cooperatives in the directed pollock fishery.
                    (B) If the Pacific Council does not 
                recommend such conservation and management 
                measures by such date, or if the Secretary 
                determines that such conservation and 
                management measures recommended by the Pacific 
                Council are not adequate to fulfill the 
                purposes of this paragraph, the Secretary may 
                by regulation implement adequate measures 
                including, but not limited to, restrictions on 
                vessels which harvest pollock under a fishery 
                cooperative which will prevent such vessels 
                from harvesting Pacific groundfish, and 
                restrictions on the number of processors 
                eligible to process Pacific groundfish.
    (d) Bycatch Information.--Notwithstanding section 402 of 
the Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific 
Council may recommend and the Secretary may approve, under such 
terms and conditions as the North Pacific Council and Secretary 
deem appropriate, the public disclosure of any information from 
the groundfish fisheries under the authority of such Council 
that would be beneficial in the implementation of section 
301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act (16 
U.S.C. 1851(a)(9) and 1853(a)(11)).
    (e) Community Development Loan Program.--Under the 
authority of title XI of the Merchant Marine Act, 1936 (46 
U.S.C. App. 1271 et seq.), and subject to the availability of 
appropriations, the Secretary is authorized to provide direct 
loan obligations to communities eligible to participate in the 
western Alaska community development quota program established 
under 304(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)) 
for the purposes of purchasing all or part of an ownership 
interest in vessels and shoreside processors eligible under 
subsections (a), (b), (c), (d), (e), or (f) of section 208. 
Notwithstanding the eligibility criteria in section 208(a) and 
section 208(c), the LISA MARIE (United States official number 
1038717) shall be eligible under such sections in the same 
manner as other vessels eligible under such sections.

SEC. 212. RESTRICTION ON FEDERAL LOANS.

    Section 302(b) of the Fisheries Financing Act (46 U.S.C. 
1274 note) is amended--
            (1) by inserting ``(1)'' before ``Until October 1, 
        2001''; and
            (2) by inserting at the end the following new 
        paragraph:
            ``(2) No loans may be provided or guaranteed by the 
        Federal Government for the construction or rebuilding 
        of a vessel intended for use as a fishing vessel (as 
        defined in section 2101 of title 46, United States 
        Code), if such vessel will be greater than 165 feet in 
        registered length, of more than 750 gross registered 
        tons, or have an engine or engines capable of producing 
        a total of more than 3,000 shaft horsepower, after such 
        construction or rebuilding is completed. This 
        prohibition shall not apply to vessels to be used in 
        the menhaden fishery or in tuna purse seine fisheries 
        outside the exclusive economic zone of the United 
        States or the area of the South Pacific Regional 
        Fisheries Treaty.''.

SEC. 213. DURATION.

    (a) General.--Except as otherwise provided in this title, 
the provisions of this title shall take effect upon the date of 
the enactment of this Act. Sections 206, 208, and 210 shall 
remain in effect until December 31, 2004, and shall be repealed 
on such date, except that the North Pacific Council may 
recommend and the Secretary may approve conservation and 
management measures as part of a fishery management plan under 
the Magnuson-Stevens Act to give effect to the measures in such 
sections thereafter.
    (b) Existing Authority.--Except for the measures required 
by this subtitle, nothing in this subtitle shall be construed 
to limit the authority of the North Pacific Council or the 
Secretary under the Magnuson-Stevens Act.
    (c) Changes to Fishery Cooperative Limitations and Pollock 
CDQ Allocation.--The North Pacific Council may recommend and 
the Secretary may approve conservation and management measures 
in accordance with the Magnuson-Stevens Act--
            (1) that supersede the provisions of this title, 
        except for sections 206 and 208, for conservation 
        purposes or to mitigate adverse effects in fisheries or 
        on owners of fewer than three vessels in the directed 
        pollock fishery caused by this title or fishery 
        cooperatives in the directed pollock fishery, provided 
        such measures take into account all factors affecting 
        the fisheries and are imposed fairly and equitably to 
        the extent practicable among and within the sectors in 
        the directed pollock fishery;
            (2) that supersede the allocation in section 206(a) 
        for any of the years 2002, 2003, and 2004, upon the 
        finding by such Council that the western Alaska 
        community development quota program for pollock has 
        been adversely affected by the amendments in this 
        title; or
            (3) that supersede the criteria required in 
        paragraph (1) of section 210(b) to be used by the 
        Secretary to set the percentage allowed to be harvested 
        by catcher vessels pursuant to a fishery cooperative 
        under such paragraph.
    (d) Report to Congress.--Not later than October 1, 2000, 
the North Pacific Council shall submit a report to the 
Secretary and to Congress on the implementation and effects of 
this Act, including the effects on fishery conservation and 
management, on bycatch levels, on fishing communities, on 
business and employment practices of participants in any 
fishery cooperatives, on the western Alaska community 
development quota program, on any fisheries outside of the 
authority of the North Pacific Council, and such other matters 
as the North Pacific Council deems appropriate.
    (e) Report on Fillet Production.--Not later than June 1, 
2000, the General Accounting Office shall submit a report to 
the North Pacific Council, the Secretary, and the Congress on 
whether this Act has negatively affected the market for fillets 
and fillet blocks, including through the reduction in the 
supply of such fillets and fillet blocks. If the report 
determines that such market has been negatively affected, the 
North Pacific Councilshall recommend measures for the 
Secretary's approval to mitigate any negative effects.
    (f) Severability.--If any provision of this title, an 
amendment made by this title, or the application of such 
provision or amendment to any person or circumstance is held to 
be unconstitutional, the remainder of this title, the 
amendments made by this title, and the application of the 
provisions of such to any person or circumstance shall not be 
affected thereby.
    (g) International Agreements.--In the event that any 
provision of section 12102(c) or section 31322(a) of title 46, 
United States Code, as amended by this Act, is determined to be 
inconsistent with an existing international agreement relating 
to foreign investment to which the United States is a party 
with respect to the owner or mortgagee on October 1, 2001 of a 
vessel with a fishery endorsement, such provision shall not 
apply to that owner or mortgagee with respect to such vessel to 
the extent of any such inconsistency. The provisions of section 
12102(c) and section 31322(a) of title 46, United States Code, 
as amended by this Act, shall apply to all subsequent owners 
and mortgagees of such vessel, and shall apply, notwithstanding 
the preceding sentence, to the owner on October 1, 2001 of such 
vessel if any ownership interest in that owner is transferred 
to or otherwise acquired by a foreign individual or entity 
after such date.

                      TITLE III--DENALI COMMISSION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Denali Commission Act of 
1998''.

SEC. 302. PURPOSES.

    The purposes of this title are as follows:
            (1) To deliver the services of the Federal 
        Government in the most cost-effective manner 
        practicable by reducing administrative and overhead 
        costs.
            (2) To provide job training and other economic 
        development services in rural communities particularly 
        distressed communities (many of which have a rate of 
        unemployment that exceeds 50 percent).
            (3) To promote rural development, provide power 
        generation and transmission facilities, modern 
        communication systems, water and sewer systems and 
        other infrastructure needs.

SEC. 303. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be 
known as the Denali Commission (referred to in this title as 
the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed 
        of 7 members, who shall be appointed by the Secretary 
        of Commerce (referred to in this title as the 
        ``Secretary''), of whom--
                    (A) one shall be the Governor of the State 
                of Alaska, or an individual selected from 
                nominations submitted by the Governor, who 
                shall serve as the State Cochairperson;
                    (B) one shall be the President of the 
                University of Alaska, or an individual selected 
                from nominations submitted by the President of 
                the University of Alaska;
                    (C) one shall be the President of the 
                Alaska Municipal League or an individual 
                selected from nominations submitted by the 
                President of the Alaska Municipal League;
                    (D) one shall be the President of the 
                Alaska Federation or Natives or an individual 
                selected from nominations submitted by the 
                President of the Alaska Federation or Natives;
                    (E) one shall be the Executive President of 
                the Alaska State AFL-CIO or an individual 
                selected from nominations submitted by the 
                Executive President;
                    (F) one shall be the President of the 
                Associated General Contractors of Alaska or an 
                individual selected from nominations 
submittedby the President of the Associated General Contractors of 
Alaska; and
                    (G) one shall be the Federal Cochairperson, 
                who shall be selected in accordance with the 
                requirements of paragraph (2).
            (2) Federal cochairperson.--
                    (A) In general.--The President pro 
                temporare of the Senate and the Speaker of the 
                House of Representatives shall each submit a 
                list of nominations for the position of the 
                Federal Cochairperson under paragraph (1)(G), 
                including pertinent biographical information, 
                to the Secretary.
                    (B) Appointment.--The Secretary shall 
                appoint the Federal Cochairperson from among 
                the list of nominations submitted under 
                subparagraph (A). The Federal Cochairperson 
                shall serve as an employee of the Department of 
                Commerce, and may be removed by the Secretary 
                for cause.
                    (C) Federal cochairperson vote.--The 
                Federal Cochairperson appointed under this 
                paragraph shall break any tie in the voting of 
                the Commission.
            (4) Date.--The appointments of the members of the 
        Commission shall be made no later than January 1, 1999.
    (c) Period of Appointment; Vacancies.--Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in 
the same manner as the original appointment.
    (d) Meetings.--
            (1) In general.--The Commission shall meet at the 
        call of the Federal Cochairperson not less frequently 
        than 2 times each year, and may, as appropriate, 
        conduct business by telephone or other electronic 
        means.
            (2) Notification.--Not later than 2 weeks before 
        calling a meeting under this subsection, the Federal 
        Cochairperson shall--
                    (A) notify each member of the Commission of 
                the time, date and location of that meeting; 
                and
                    (B) provide each member of the Commission 
                with a written agenda for the meeting, 
                including any proposals for discussion and 
                consideration, and any appropriate background 
                materials.
    (e) Quorum.--A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may 
hold hearings.

SEC. 304. DUTIES OF THE COMMISSION.

    (a) Work Plan.--
            (1) In general.--Not later than 1 year after the 
        date of enactment of this Act and annually thereafter, 
        the Commission shall develop a proposed work plan for 
        Alaska that meets the requirements of paragraph (2) and 
        submit that plan to the Federal Cochairperson for 
        review in accordance with the requirements of 
        subsection (b).
            (2) Work plan.--In developing the work plan, the 
        Commission shall--
                    (A) solicit project proposals from local 
                governments and other entities and 
                organizations; and
                    (B) provide for a comprehensive work plan 
                for rural and infrastructure development and 
                necessary job training in the area covered 
                under the work plan.
            (3) Report.--Upon completion of a work plan under 
        this subsection, the Commission shall prepare, and 
        submit to the Secretary, the Federal Cochairperson, and 
        the Director of the Office of Management and Budget, a 
        report that outlines the work plan and contains 
        recommendations for funding priorities.
    (b) Review by Federal Cochairperson.--
            (1) In general.--Upon receiving a work plan under 
        this section, the Secretary, acting through the Federal 
        Cochairperson, shall publish the work plan in the 
        Federal Register, with notice and an opportunity for 
        public comment. The period for public review and 
        comment shall be the 30-day period beginning on the 
        date of publication of that notice.
            (2) Criteria for review.--In conducting a review 
        under paragraph (1), the Secretary, acting through the 
        Federal Cochairperson, shall--
                    (A) take into consideration the 
                information, views, and comments received from 
                interested parties through the public review 
                and comment process specified in paragraph (1); 
                and
                    (B) consult with appropriate Federal 
                officials in Alaska including but not limited 
                to Bureau of Indian Affairs, Economic 
                Development Administration, and Rural 
                Development Administration.
            (3) Approval.--Not later than 30 days after the end 
        of the period specified in paragraph (1), the Secretary 
        acting through the Federal Cochairperson, shall--
                    (A) approve, disapprove, or partially 
                approve the work plan that is the subject of 
                the review; and
                    (B) issue to the Commission a notice of the 
                approval, disapproval, or partial approval 
                that--
                            (i) specifies the reasons for 
                        disapproving any portion of the work 
                        plan; and
                            (ii) if applicable, includes 
                        recommendations for revisions to the 
                        work plan to make the plan subject to 
                        approval.
            (4) Review of disapproval or partial approval.--If 
        the Secretary, acting through the Federal 
        Cochairperson, disapproves or partially approves a work 
        plan, the Federal Cochairperson shall submit that work 
        plan to the Commission for review and revision.

SEC. 305. POWERS OF THE COMMISSION.

    (a) Information From Federal Agencies.--The Commission may 
secure directly from any Federal department or agency such 
information as it considers necessary to carry out the 
provisions of this Act. Upon request of the Federal 
Cochairperson of the Commission, the head of such department or 
agency shall furnish such information to the Commission. 
Agencies must provide the Commission with the requested 
information in a timely manner. Agencies are not required to 
provide the Commission any information that is exempt from 
disclosure by the Freedom of Information Act. Agenices may, 
upon request by the Commission, make services and personnel 
available to the Commission to carry out the duties of the 
Commission. To the maximum extent practicable, the Commission 
shall contract for completion of necesssary work utilizing 
local firms and labor to minimize costs.
    (b) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government.
    (c) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.

SEC. 306. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission 
who is not an officer or employee of the Federal Government 
shall be compensated at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during the time such 
member is engaged in the performance of the duties of the 
Commission. All members of the Commission who are officers or 
employees of the United States shall serve without compensation 
that is in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of business 
in the performance of services for the Commission.
    (c) Staff.--
            (1) In general.--The Federal Cochairperson of the 
        Commission may, without regard to the civil service 
        laws and regulations, appoint such personnel as may be 
        necessary to enable the Commission to perform its 
        duties.
            (2) Compensation.--The Chairman of the Commission 
        may fix the compensation of personnel without regard to 
        the provisions of chapter 51 and subchapter III of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay 
        rates.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--
The Federal Cochairperson of the Commission may procure 
temporary and intermittent services under section 3109(b) of 
title 5, UnitedStates Code, at rates for individuals which do 
not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
such title.
    (f) Offices.--The principal office of the Commission shall 
be located in Alaska, at a location that the Commission shall 
select.

SEC. 307. SPECIAL FUNCTIONS.

    (a) Rural Utilities.--In carrying out its functions under 
this title, the Commission shall as appropriate, provide 
assistance, seek to avoid duplicating services and assistance, 
and complement the water and sewer wastewater programs under 
section 306D of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1926d) and section 303 of the Safe Drinking Water Act 
Amendments of 1996 (33 U.S.C. 1263a).
    (b) Bulk Fuels.--The Commission, in consultation with the 
Commandant of the Coast Guard, shall develop a plan to provide 
for the repair or replacement of bulk fuel storage tanks in 
Alaska that are not in compliance with applicable--
            (1) Federal law, including the Oil Pollution Act of 
        1990 (104 Stat. 484); or
            (2) State law.

SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act shall not apply to the 
Commission.

SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
the Commission to carry out the duties of the Commission 
consistent with the purposes of this title and pursuant to the 
work plan approved under section 4 under this Act, $20,000,000 
for fiscal year 1999, and such sums as may be necessary for 
fiscal years 2000, 2001, 2002, and 2003.
    (b) Availability.--Any sums appropriated under the 
authorization contained in this section shall remain available 
until expended.

    TITLE IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT

SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND 
                    NATIONALITY ACT.

    (a) Short Title.--This title may be cited as the ``American 
Competitiveness and Workforce Improvement Act of 1998''.
    (b) Table of Contents.--The table of contents of this title 
is as follows:

Sec. 401. Short title; table of contents; amendments to Immigration and 
          Nationality Act.

          Subtitle A--Provisions Relating to H-1B Nonimmigrants

Sec. 411. Temporary increase in access to temporary skilled personnel 
          under H-1B program.
Sec. 412. Protection against displacement of United States workers in 
          case of H-1B-dependent employers.
Sec. 413. Changes in enforcement and penalties.
Sec. 414. Collection and use of H-1B nonimmigrant fees for scholarships 
          for low-income math, engineering, and computer science 
          students and job training of United States workers.
Sec. 415. Computation of prevailing wage level.
Sec. 416. Improving count of H-1B and H-2B nonimmigrants.
Sec. 417. Report on older workers in the information technology field.
Sec. 418. Report on high technology labor market needs; reports on 
          economic impact of increase in H-1B nonimmigrants.

Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees

Sec. 421. Special immigrant status for certain NATO civilian employees.

                   Subtitle C--Miscellaneous Provision

Sec. 431. Academic honoraria.

    (c) Amendments to Immigration and Nationality Act.--Except 
as otherwise specifically provided in this title, whenever in 
this title an amendment is expressed in terms of an amendment 
to a section or other provision, the reference shall be 
considered to be made to that section or other provision of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

         Subtitle A--Provisions Relating to H-1B Nonimmigrants

SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED PERSONNEL 
                    UNDER H-1B PROGRAM.

    (a) Temporary Increase in Skilled Nonimmigrant Workers.--
Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is 
amended to read as follows:
            ``(A) under section 101(a)(15)(H)(i)(b), may not 
        exceed--
                    ``(i) 65,000 in each fiscal year before 
                fiscal year 1999;
                    ``(ii) 115,000 in fiscal year 1999;
                    ``(iii) 115,000 in fiscal year 2000;
                    ``(iv) 107,500 in fiscal year 2001; and
                    ``(v) 65,000 in each succeeding fiscal 
                year; or''.
    (b) Effective Dates.--The amendment made by subsection (a) 
applies beginning with fiscal year 1999.

SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN 
                    CASE OF H-1B-DEPENDENT EMPLOYERS.

    (a) Protection Against Layoff and Requirement for Prior 
Recruitment of United States Workers.--
            (1) Additional statements on application.--Section 
        212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting 
        after subparagraph (D) the following:
            ``(E)(i) In the case of an application described in 
        clause (ii), the employer did not displace and will not 
        displace a United States worker (as defined in 
        paragraph (4)) employed by the employer within the 
        period beginning 90 days before and ending 90 days 
        after the date of filing of any visa petition supported 
        by the application.
            ``(ii) An application described in this clause is 
        an application filed on or after the date final 
        regulations are first promulgated to carry out this 
        subparagraph, and before October 1, 2001, by an H-1B-
        dependent employer (as defined in paragraph (3)) or by 
        an employer that has been found, on or after the date 
        of the enactment of the American Competitiveness and 
        Workforce Improvement Act of 1998, under paragraph 
        (2)(C) or (5) to have committed a willful failure or 
        misrepresentation during the 5-year period preceding 
        the filing of the application. An application is not 
        described in this clause if the only H-1B nonimmigrants 
        sought in the application are exempt H-1B 
        nonimmigrants.
            ``(F) In the case of an application described in 
        subparagraph (E)(ii), the employer will not place the 
        nonimmigrant with another employer (regardless of 
        whether or not such other employer is an H-1B-dependent 
        employer) where--
                    ``(i) the nonimmigrant performs duties in 
                whole or in part at one or more worksites 
                owned, operated, or controlled by such other 
                employer; and
                    ``(ii) there are indicia of an employment 
                relationship between the nonimmigrant and such 
                other employer;
        unless the employer has inquired of the other employer 
        as to whether, and has no knowledge that, within the 
        period beginning 90 days before and ending 90 days 
        after the date of the placement of the nonimmigrant 
        with the other employer, the other employer has 
        displaced or intends to displace a United States worker 
        employed by the other employer.
            ``(G)(i) In the case of an application described in 
        subparagraph (E)(ii), subject to clause (ii), the 
        employer, prior to filing the application--
                    ``(I) has taken good faith steps to 
                recruit, in the United States using procedures 
                that meet industry-wide standards and offering 
                compensation that is at least as great as that 
                required to be offered to H-1B nonimmigrants 
                under subparagraph (A), United States workers 
                for the job for which the nonimmigrant or 
                nonimmigrants is or are sought; and
                    ``(II) has offered the job to any United 
                States worker who applies and is equally or 
                better qualified for the job for which the 
                nonimmigrant or nonimmigrants is or are sought.
            ``(ii) The conditions described in clause (i) shall 
        not apply to an application filed with respect to the 
        employment of an H-1B nonimmigrant who is described in 
        subparagraph (A), (B), or (C) of section 203(b)(1).''.
            (2) Notice on application of potential liability of 
        placing employers.--Section 212(n)(1) (8 U.S.C. 
        1182(n)(1)) is amended by adding at the end the 
        following: ``The application form shall include a clear 
        statement explaining the liability under subparagraph 
        (F) of a placing employer if the other employer 
        described in such subparagraph displaces a United 
        States worker as described in such subparagraph.''.
            (3) Construction.--Section 212(n)(1) (8 U.S.C. 
        1182(n)(1)) is further amended by adding at the end the 
        following: ``Nothing in subparagraph (G) shall be 
        construed to prohibit an employer from using legitimate 
        selection criteria relevant to the job that are normal 
        or customary to the type of job involved, so long as 
        such criteria are not applied in a discriminatory 
        manner.''.
    (b) H-1B-Dependent Employer and Other Definitions.--
            (1) In general.--Section 212(n) (8 U.S.C. 1182(n)) 
        is amended by adding at the end the following:
    ``(3)(A) For purposes of this subsection, the term `H-1B-
dependent employer' means an employer that--
            ``(i)(I) has 25 or fewer full-time equivalent 
        employees who are employed in the United States; and 
        (II) employs more than 7 H-1B nonimmigrants;
            ``(ii)(I) has at least 26 but not more than 50 
        full-time equivalent employees who are employed in the 
        United States; and (II) employs more than 12 H-1B 
        nonimmigrants; or
            ``(iii)(I) has at least 51 full-time equivalent 
        employees who are employed in the United States; and 
        (II) employs H-1B nonimmigrants in a number that is 
        equal to at least 15 percent of the number of such 
        full-time equivalent employees.
    ``(B) For purposes of this subsection--
            ``(i) the term `exempt H-1B nonimmigrant' means an 
        H-1B nonimmigrant who--
                    ``(I) receives wages (including cash 
                bonuses and similar compensation) at an annual 
                rate equal to at least $60,000; or
                    ``(II) has attained a master's or higher 
                degree (or its equivalent) in a specialty 
                related to the intended employment; and
            ``(ii) the term `nonexempt H-1B nonimmigrant' means 
        an H-1B nonimmigrant who is not an exempt H-1B 
        nonimmigrant.
    ``(C) For purposes of subparagraph (A)--
            ``(i) in computing the number of full-time 
        equivalent employees and the number of H-1B 
        nonimmigrants, exempt H-1B nonimmigrants shall not be 
        taken into account during the longer of--
                    ``(I) the 6-month period beginning on the 
                date of the enactment of the American 
                Competitiveness and Workforce Improvement Act 
                of 1998; or
                    ``(II) the period beginning on the date of 
                the enactment of the American Competitiveness 
                and Workforce Improvement Act of 1998 and 
                ending on the date final regulations are issued 
                to carry out this paragraph; and
            ``(ii) any group treated as a single employer under 
        subsection (b), (c), (m), or (o) of section 414 of the 
        Internal Revenue Code of 1986 shall be treated as a 
        single employer.
    ``(4) For purposes of this subsection:
            ``(A) The term `area of employment' means the area 
        within normal commuting distance of the worksite or 
        physical location where the work of the H-1B 
        nonimmigrant is or will be performed. If such worksite 
        or location is within a Metropolitan Statistical Area, 
        any place within such area is deemed to be within the 
        area of employment.
            ``(B) In the case of an application with respect to 
        one or more H-1B nonimmigrants by an employer, the 
        employer is considered to `displace' a United States 
        worker from a job if the employer lays off the worker 
        from a job that is essentially the equivalent of the 
        job for which the nonimmigrant or nonimmigrants is or 
        are sought. A job shall not be considered to be 
        essentially equivalent of another job unless it 
        involves essentially the same responsibilities, was 
        held by a United States worker with substantially 
        equivalent qualifications and experience, and is 
        located in the same area of employment as the other 
        job.
            ``(C) The term `H-1B nonimmigrant' means an alien 
        admitted or provided status as a nonimmigrant described 
        in section 101(a)(15)(H)(i)(b).
            ``(D)(i) The term `lays off', with respect to a 
        worker--
                    ``(I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract (other than a temporary employment 
                contract entered into in order to evade a 
                condition described in subparagraph (E) or (F) 
                of paragraph (1)); but
                    ``(II) does not include any situation in 
                which the worker is offered, as an alternative 
                to such loss of employment, a similar 
                employment opportunity with the same employer 
                (or, in the case of a placement of a worker 
                with another employer under paragraph (1)(F), 
                with either employer described in such 
                paragraph) at equivalent or higher compensation 
                and benefits than the position from which the 
                employee was discharged, regardless of whether 
                or not the employee accepts the offer.
            ``(ii) Nothing in this subparagraph is intended to 
        limit an employee's rights under a collective 
        bargaining agreement or other employment contract.
            ``(E) The term `United States worker' means an 
        employee who--
                    ``(i) is a citizen or national of the 
                United States; or
                    ``(ii) is an alien who is lawfully admitted 
                for permanent residence, is admitted as a 
                refugee under section 207, is granted asylum 
                under section 208, or is an immigrant otherwise 
                authorized, by this Act or by the Attorney 
                General, to be employed.''.
            (2) Conforming amendments.--Section 212(n)(1) (8 
        U.S.C. 1182(n)(1)) is amended by striking ``a 
        nonimmigrant described in section101(a)(15)(H)(i)(b)'' 
each place it appears and inserting ``an H-1B nonimmigrant''.
    (c) Improved Posting of Notice of Application.--Section 
212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to 
read as follows:
                    ``(ii) if there is no such bargaining 
                representative, has provided notice of filing 
                in the occupational classification through such 
                methods as physical posting in conspicuous 
                locations at the place of employment or 
                electronic notification to employees in the 
                occupational classification for which H-1B 
                nonimmigrants are sought.''.
    (d) Effective Dates.--The amendments made by subsection (a) 
apply to applications filed under section 212(n)(1) of the 
Immigration and Nationality Act on or after the date final 
regulations are issued to carry out such amendments, and the 
amendments made by subsections (b) and (c) take effect on the 
date of the enactment of this Act.
    (e) Reduction of Period for Public Comment.--In first 
promulgating regulations to implement the amendments made by 
this section in a timely manner, the Secretary of Labor and the 
Attorney General may reduce to not less than 30 days the period 
of public comment on proposed regulations.

SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.

    (a) Increased Enforcement and Penalties.--Section 
212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended to read as 
follows:
    ``(C)(i) If the Secretary finds, after notice and 
opportunity for a hearing, a failure to meet a condition of 
paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to 
meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), 
or a misrepresentation of material fact in an application--
            ``(I) the Secretary shall notify the Attorney 
        General of such finding and may, in addition, impose 
        such other administrative remedies (including civil 
        monetary penalties in an amount not to exceed $1,000 
        per violation) as the Secretary determines to be 
        appropriate; and
            ``(II) the Attorney General shall not approve 
        petitions filed with respect to that employer under 
        section 204 or 214(c) during a period of at least 1 
        year for aliens to be employed by the employer.
    ``(ii) If the Secretary finds, after notice and opportunity 
for a hearing, a willful failure to meet a condition of 
paragraph (1), a willful misrepresentation of material fact in 
an application, or a violation of clause (iv)--
            ``(I) the Secretary shall notify the Attorney 
        General of such finding and may, in addition, impose 
        such other administrative remedies (including civil 
        monetary penalties in an amount not to exceed $5,000 
        per violation) as the Secretary determines to be 
        appropriate; and
            ``(II) the Attorney General shall not approve 
        petitions filed with respect to that employer under 
        section 204 or 214(c) during a period of at least 2 
        years for aliens to be employed by the employer.
    ``(iii) If the Secretary finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1) or a willful misrepresentation of 
material fact in an application, in the course of which failure 
or misrepresentation the employer displaced a United States 
worker employed by the employer within the period beginning 90 
days before and ending 90 days after the date of filing of any 
visa petition supported by the application--
            ``(I) the Secretary shall notify the Attorney 
        General of such finding and may, in addition, impose 
        such other administrative remedies (including civil 
        monetary penalties in an amount not to exceed$35,000 
per violation) as the Secretary determines to be appropriate; and
            ``(II) the Attorney General shall not approve 
        petitions filed with respect to that employer under 
        section 204 or 214(c) during a period of at least 3 
        years for aliens to be employed by the employer.
    ``(iv) It is a violation of this clause for an employer who 
has filed an application under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
    ``(v) The Secretary of Labor and the Attorney General shall 
devise a process under which an H-1B nonimmigrant who files a 
complaint regarding a violation of clause (iv) and is otherwise 
eligible to remain and work in the United States may be allowed 
to seek other appropriate employment in the United States for a 
period not to exceed the maximum period of stay authorized for 
such nonimmigrant classification.
    ``(vi)(I) It is a violation of this clause for an employer 
who has filed an application under this subsection to require 
an H-1B nonimmigrant to pay a penalty for ceasing employment 
with the employer prior to a date agreed to by the nonimmigrant 
and the employer. The Secretary shall determine whether a 
required payment is a penalty (and not liquidated damages) 
pursuant to relevant State law.
    ``(II) It is a violation of this clause for an employer who 
has filed an application under this subsection to require an 
alien who is the subject of a petition filed under section 
214(c)(1), for which a fee is imposed under section 214(c)(9), 
to reimburse, or otherwise compensate, the employer for part or 
all of the cost of such fee. It is a violation of this clause 
for such an employer otherwise to accept such reimbursement or 
compensation from such an alien.
    ``(III) If the Secretary finds, after notice and 
opportunity for a hearing, that an employer has committed a 
violation of this clause, the Secretary may impose a civil 
monetary penalty of $1,000 for each such violation and issue an 
administrative order requiring the return to the nonimmigrant 
of any amount paid in violation of this clause, or, if the 
nonimmigrant cannot be located, requiring payment of any such 
amount to the general fund of the Treasury.
    ``(vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
full-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status due to a decision by the 
employer (based on factors such as lack of work), or due to the 
nonimmigrant's lack of a permit or license, to fail to pay the 
nonimmigrant full-time wages in accordance with paragraph 
(1)(A) for all such nonproductive time.
    ``(II) It is a failure to meet a condition of paragraph 
(1)(A) for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
part-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status under circumstances described 
in subclause (I), to fail to pay such a nonimmigrant for such 
hours as are designated on such petition consistent with the 
rate of pay identified on such petition.
    ``(III) In the case of an H-1B nonimmigrant who has not yet 
entered into employment with an employer who has had approved 
an application under this subsection, and a petition under 
section 214(c)(1), with respect to the nonimmigrant, the 
provisions of subclauses (I) and (II) shall apply to the 
employer beginning 30 days after the date the nonimmigrant 
first is admitted into the United States pursuant to the 
petition, or 60 days after the date the nonimmigrant becomes 
eligible to work for the employer (in the case of a 
nonimmigrant who is present in the United States on the date of 
the approval of the petition).
    ``(IV) This clause does not apply to a failure to pay wages 
to an H-1B nonimmigrant for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
    ``(V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to an H-1B nonimmigrant an established salary practice 
of the employer, under which the employer pays to H-1B 
nonimmigrants and United States workers in the same 
occupational classification an annual salary in disbursements over 
fewer than 12 months, if--
            ``(aa) the nonimmigrant agrees to the compressed 
        annual salary payments prior to the commencement of the 
        employment; and
            ``(bb) the application of the salary practice to 
        the nonimmigrant does not otherwise cause the 
        nonimmigrant to violate any condition of the 
        nonimmigrant's authorization under this Act to remain 
        in the United States.
    ``(VI) This clause shall not be construed as superseding 
clause (viii).
    ``(viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an application under this 
subsection to fail to offer to an H-1B nonimmigrant, during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and noncash compensation, such as stock 
options (whether or not based on performance)) on the same 
basis, and in accordance with the same criteria, as the 
employer offers to United States workers.''.
    (b) Use of Arbitration Process for Disputes Involving 
Qualifications of United States Workers Not Hired.--
            (1) In general.--Section 212(n) (8 U.S.C. 1182(n)), 
        as amended by section 412(b), is further amended by 
        adding at the end the following:
    ``(5)(A) This paragraph shall apply instead of 
subparagraphs (A) through (E) of paragraph (2) in the case of a 
violation described in subparagraph (B), but shall not be 
construed to limit or affect the authority of the Secretary or 
the Attorney General with respect to any other violation.
    ``(B) The Attorney General shall establish a process for 
the receipt, initial review, and disposition in accordance with 
this paragraph of complaints respecting an employer's failure 
to meet the condition of paragraph (1)(G)(i)(II) or a 
petitioner's misrepresentation of material facts with respect 
to such condition. Complaints may be filed by an aggrieved 
individual who has submitted a resume or otherwise applied in a 
reasonable manner for the job that is the subject of the 
condition. No proceeding shall be conducted under this 
paragraph on a complaint concerning such a failure or 
misrepresentation unless the Attorney General determines that 
the complaint was filed not later than 12 months after the date 
of the failure or misrepresentation, respectively.
    ``(C) If the Attorney General finds that a complaint has 
been filed in accordance with subparagraph (B) and there is 
reasonable cause to believe that such a failure or 
misrepresentation described in such complaint has occurred, the 
Attorney General shall initiate binding arbitration proceedings 
by requesting the Federal Mediation and Conciliation Service to 
appoint an arbitrator from the roster of arbitrators maintained 
by such Service. The procedure and rules of such Service shall 
be applicable to the selection of such arbitrator and to such 
arbitration proceedings. The Attorney General shall pay the fee 
and expenses of the arbitrator.
    ``(D)(i) The arbitrator shall make findings respecting 
whether a failure or misrepresentation described in 
subparagraph (B) occurred. If the arbitrator concludes that 
failure or misrepresentation was willful, the arbitrator shall 
make a finding to that effect. The arbitrator may not find such 
a failure or misrepresentation (or that such a failure or 
misrepresentation was willful) unless the complainant 
demonstrates such a failure or misrepresentation (or its 
willful character) by clear and convincing evidence. The 
arbitrator shall transmit the findings in the form of a written 
opinion to the parties to the arbitration and theAttorney 
General. Such findings shall be final and conclusive, and, except as 
provided in this subparagraph, no official or court of the United 
States shall have power or jurisdiction to review any such findings.
    ``(ii) The Attorney General may review and reverse or 
modify the findings of an arbitrator only on the same bases as 
an award of an arbitrator may be vacated or modified under 
section 10 or 11 of title 9, United States Code.
    ``(iii) With respect to the findings of an arbitrator, a 
court may review only the actions of the Attorney General under 
clause (ii) and may set aside such actions only on the grounds 
described in subparagraph (A), (B), or (C) of section 706(a)(2) 
of title 5, United States Code. Notwithstanding any other 
provision of law, such judicial review may only be brought in 
an appropriate United States court of appeals.
    ``(E) If the Attorney General receives a finding of an 
arbitrator under this paragraph that an employer has failed to 
meet the condition of paragraph (1)(G)(i)(II) or has 
misrepresented a material fact with respect to such condition, 
unless the Attorney General reverses or modifies the finding 
under subparagraph (D)(ii)--
            ``(i) the Attorney General may impose 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $1,000 per 
        violation or $5,000 per violation in the case of a 
        willful failure or misrepresentation) as the Attorney 
        General determines to be appropriate; and
            ``(ii) the Attorney General is authorized to not 
        approve petitions filed, with respect to that employer 
        and for aliens to be employed by the employer, under 
        section 204 or 214(c)--
                    ``(I) during a period of not more than 1 
                year; or
                    ``(II) in the case of a willful failure or 
                willful misrepresentation, during a period of 
                not more than 2 years.
    ``(F) The Attorney General shall not delegate, to any other 
employee or official of the Department of Justice, any function 
of the Attorney General under this paragraph, until 60 days 
after the Attorney General has submitted a plan for such 
delegation to the Committees on the Judiciary of the United 
States House of Representatives and the Senate.''.
            (2) Conforming amendment.--The first sentence of 
        section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is 
        amended by striking ``The Secretary'' and inserting 
        ``Subject to paragraph (5)(A), the Secretary''.
    (c) Liability of Petitioning Employer in Case of Placement 
of H-1B Nonimmigrant With Another Employer.--Section 212(n)(2) 
(8 U.S.C. 1182(n)(2)) is amended by adding at the end the 
following:
    ``(E) If an H-1B-dependent employer places a nonexempt H-1B 
nonimmigrant with another employer as provided under paragraph 
(1)(F) and the other employer has displaced or displaces a 
United States worker employed by such other employer during the 
period described in such paragraph, such displacement shall be 
considered for purposes of this paragraph a failure, by the 
placing employer, to meet a condition specified in an 
application submitted under paragraph (1); except that the 
Attorney General may impose a sanction described in subclause 
(II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the 
Secretary of Labor found that such placing employer--
            ``(i) knew or had reason to know of such 
        displacement at the time of the placement of the 
        nonimmigrant with the other employer; or
            ``(ii) has been subject to a sanction under this 
        subparagraph based upon a previous placement of an H-1B 
        nonimmigrant with the same other employer.''.
    (d) Spot Investigations During Probationary Period.--
Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
subsection (c), is further amended by adding at the end the 
following:
    ``(F) The Secretary may, on a case-by-case basis, subject 
an employer to random investigations for a period of up to 5 
years, beginning on the date (on or after the date of the 
enactment of the American Competitiveness and Workforce 
Improvement Act of 1998) on which the employer is found by the 
Secretary to have committed a willful failure to meet a 
condition of paragraph (1) (or has been found under paragraph 
(5) to have committed a willful failure to meet the condition 
of paragraph (1)(G)(i)(II)) or to have made a willful 
misrepresentation of material fact in an application. The 
preceding sentence shall apply to an employer regardless of 
whether or not the employer is an H-1B-dependent employer. The 
authority of the Secretary under this subparagraph shall not be 
construed to be subject to, or limited by, the requirements of 
subparagraph (A).''.
    (e) Additional Investigative Authority.--
             (1) In general.--Section 212(n)(2) (8 U.S.C. 
        1182(n)(2)), as amended by subsection (d), is further 
        amended by adding at the end the following:
    ``(G)(i) If the Secretary receives specific credible 
information from a source, who is likely to have knowledge of 
an employer's practices or employment conditions, or an 
employer's compliance with the employer's labor condition 
application under paragraph (1), and whose identity is known to 
the Secretary, and such information provides reasonable cause 
to believe that the employer has committed a willful failure to 
meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F), 
or (1)(G)(i)(I), has engaged in a pattern or practice of 
failures to meet such a condition, or has committed a 
substantial failure to meet such a condition that affects 
multiple employees, the Secretary may conduct a 30-day 
investigation into the alleged failure or failures. The 
Secretary (or the Acting Secretary in the case of the 
Secretary's absence or disability) shall personally certify 
that the requirements for conducting such an investigation have 
been met and shall approve commencement of the investigation. 
The Secretary may withhold the identity of the source from the 
employer, and the source's identity shall not be subject to 
disclosure under section 552 of title 5, United States Code.
    ``(ii) The Secretary shall establish a procedure for any 
person, desiring to provide to the Secretary information 
described in clause (i) that may be used, in whole or in part, 
as the basis for commencement of an investigation described in 
such clause, to provide the information in writing on a form 
developed and provided by the Secretary and completed by or on 
behalf of the person. The person may not be an officer or 
employee of the Department of Labor, unless the information 
satisfies the requirement of clause (iii)(II) (although an 
officer or employee of the Department of Labor may complete the 
form on behalf of the person).
    ``(iii) Any investigation initiated or approved by the 
Secretary under clause (i) shall be based on information that 
satisfies the requirements of such clause and that (I) 
originates from a source other than an officer or employee of 
the Department of Labor, or (II) was lawfully obtained by the 
Secretary of Labor in the course of lawfully conducting another 
Department of Labor investigation under this Act or any other 
Act.
    ``(iv) The receipt by the Secretary of information 
submitted by an employer to the Attorney General or the 
Secretary for purposes of securing the employment of an H-1B 
nonimmigrant shall not be considered a receipt of information 
for purposes of clause (i).
    ``(v) No investigation described in clause (i) (or hearing 
described in clause (vii)) may be conducted with respect to 
information about a failure to meet a condition described in 
clause (i), unless the Secretary receives theinformation not 
later than 12 months after the date of the alleged failure.
    ``(vi) The Secretary shall provide notice to an employer 
with respect to whom the Secretary has received information 
described in clause (i), prior to the commencement of an 
investigation under such clause, of the receipt of the 
information and of the potential for an investigation. The 
notice shall be provided in such a manner, and shall contain 
sufficient detail, to permit the employer to respond to the 
allegations before an investigation is commenced. The Secretary 
is not required to comply with this clause if the Secretary 
determines that to do so would interfere with an effort by the 
Secretary to secure compliance by the employer with the 
requirements of this subsection. There shall be no judicial 
review of a determination by the Secretary under this clause.
    ``(vii) If the Secretary determines under this subparagraph 
that a reasonable basis exists to make a finding that a failure 
described in clause (i) has occurred, the Secretary shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing, in accordance with 
section 556 of title 5, United States Code, within 60 days 
after the date of the determination. If such a hearing is 
requested, the Secretary shall make a finding concerning the 
matter by not later than 60 days after the date of the 
hearing.''.
            (2) Sunset.--The amendment made by paragraph (1) 
        shall cease to be effective on September 30, 2001.
    (f) Construction.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), 
as amended by subsection (e), is further amended by adding at 
the end the following:
    ``(H) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.''.

SEC. 414. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS 
                    FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER 
                    SCIENCE STUDENTS AND JOB TRAINING OF UNITED STATES 
                    WORKERS.

    (a) Imposition of Fee.--Section 214(c) (8 U.S.C. 1184(c)) 
is amended by adding at the end the following:
    ``(9)(A) The Attorney General shall impose a fee on an 
employer (excluding an employer described in subparagraph (A) 
or (B) of section 212(p)(1)) filing (on or after December 1, 
1998, and before October 1, 2001) a petition under paragraph 
(1)--
            ``(i) initially to grant an alien nonimmigrant 
        status described in section 101(a)(15)(H)(i)(b);
            ``(ii) to extend the stay of an alien having such 
        status (unless the employer previously has obtained an 
        extension for such alien); or
            ``(iii) to obtain authorization for an alien having 
        such status to change employers.
    ``(B) The amount of the fee shall be $500 for each such 
petition.
    ``(C) Fees collected under this paragraph shall be 
deposited in the Treasury in accordance with section 286(s).''.
    (b) Establishment of Account; Use of Fees.--Section 286 (8 
U.S.C. 1356) is amended by adding at the end the following:
    ``(s) H-1B Nonimmigrant Petitioner Account.--
            ``(1) In general.--There is established in the 
        general fund of the Treasury a separate account, which 
        shall be known as the `H-1B Nonimmigrant Petitioner 
        Account'. Notwithstanding any other section of this 
        title, there shall be deposited as offsetting receipts 
        into the account all fees collected under section 
        214(c)(9).
            ``(2) Use of fees for job training.--56.3 percent 
        of amounts deposited into the H-1B Nonimmigrant 
        Petitioner Account shall remain available to the 
        Secretary of Labor until expended for demonstration 
        programs and projects described in section 414(c) of 
        the American Competitiveness and Workforce Improvement 
        Act of 1998.
            ``(3) Use of fees for low-income scholarship 
        program.--28.2 percent of the amounts deposited into 
        the H-1B Nonimmigrant Petitioner Account shall remain 
        available to the Director of the National Science 
        Foundation until expended for scholarships described in 
        section 414(d) of the American Competitiveness and 
        Workforce Improvement Act of 1998 for low-income 
        students enrolled in a program of study leading to a 
        degree in mathematics, engineering, or computer 
        science.
            ``(4) Additional nsf uses.--
                    ``(A) Grants for mathematics, engineering, 
                or science enrichment courses.--4 percent of 
                the amounts deposited into the H-1B 
                Nonimmigrant Petitioner Account shall remain 
                available to the Director of the National 
                Science Foundation until expended to make 
                merit-reviewed grants, under section 3(a)(1) of 
                the National Science Foundation Act of 1950 (42 
                U.S.C. 1862(a)(1)), for programs that provide 
                opportunities for enrollment in year-round 
                academic enrichment courses in mathematics, 
                engineering, or science.
                    ``(B) Systemic reform activities.--4 
                percent of the amounts deposited into the H-1B 
                Nonimmigrant Petitioner Account shall remain 
                available to the Director of the National 
                Science Foundation until expended to carry out 
                systemic reform activities administered by the 
                National Science Foundation under section 
                3(a)(1) of the National Science Foundation Act 
                of 1950 (42 U.S.C. 1862(a)(1)).
            ``(5) Use of fees for duties relating to 
        petitions.--1.5 percent of the amounts deposited into 
        the H-1B Nonimmigrant Petitioner Account shall remain 
        available to the Attorney General until expended to 
        carry out duties under paragraphs (1) and (9) of 
        section 214(c) related to petitions made for 
        nonimmigrants described in section 101(a)(15)(H)(i)(b), 
        to decrease the processing time for such petitions, and 
        to carry out duties under section 416 of the American 
        Competitiveness and Workforce Improvement Act of 1998. 
        Such amounts shall be available in addition to any 
        other fees authorized to be collected by the Attorney 
        General with respect to such petitions.
            ``(6) Use of fees for application processing and 
        enforcement.--For fiscal year 1999, 6 percent of the 
        amounts deposited into the H-1B Nonimmigrant Petitioner 
        Account shall remain available to the Secretary of 
        Labor until expended for decreasing the processing time 
        for applications under section 212(n)(1) and for 
        carrying out section 212(n)(2). Beginning with fiscal 
        year 2000, 3 percent of the amounts deposited into the 
        H-1B Nonimmigrant Petitioner Account shall remain 
        available to the Secretary of Labor until expended for 
        decreasing the processing time for applications under 
        section 212(n)(1), and 3 percent of such amounts shall 
        remain available to such Secretary until expended for 
        carrying out section 212(n)(2). Notwithstanding the 
        preceding sentence, both of the amounts made available 
        for any fiscal year (beginning with fiscal year 2000) 
        pursuant to the preceding sentence shall be available 
        to such Secretary, and shall remain available until 
        expended, only for decreasing the processing time for 
        applications under section 212(n)(1) until the 
        Secretary submitsto the Congress a report containing a 
certification that, during the most recently concluded calendar year, 
the Secretary substantially complied with the requirement in section 
212(n)(1) relating to the provision of the certification described in 
section 101(a)(15)(H)(i)(b) within a 7-day period.''.
    (c) Demonstration Programs and Projects To Provide 
Technical Skills Training for Workers.--
            (1) In general.--In establishing demonstration 
        programs under section 452(c) of the Job Training 
        Partnership Act (29 U.S.C. 1732(c)), as in effect on 
        the date of the enactment of this Act, or demonstration 
        programs or projects under section 171(b) of the 
        Workforce Investment Act of 1998, the Secretary of 
        Labor shall use funds available under section 286(s)(2) 
        to establish demonstration programs or projects to 
        provide technical skills training for workers, 
        including both employed and unemployed workers.
            (2) Grants.--The Secretary of Labor shall award 
        grants to carry out the programs and projects described 
        in paragraph (1) to--
                    (A)(i) private industry councils 
                established under section 102 of the Job 
                Training Partnership Act (29 U.S.C. 1512), as 
                in effect on the date of the enactment of this 
                Act; or
                    (ii) local boards that will carry out such 
                programs or projects through one-stop delivery 
                systems established under section 121 of the 
                Workforce Investment Act of 1998; or
                    (B) regional consortia of councils or local 
                boards described in subparagraph (A).
    (d) Low-Income Scholarship Program.--
            (1) Establishment.--The Director of the National 
        Science Foundation (referred to in this subsection as 
        the ``Director'') shall award scholarships to low-
        income individuals to enable such individuals to pursue 
        associate, undergraduate, or graduate level degrees in 
        mathematics, engineering, or computer science.
            (2) Eligibility.--
                    (A) In general.--To be eligible to receive 
                a scholarship under this subsection, an 
                individual--
                            (i) must be a citizen of the United 
                        States, a national of the United States 
                        (as defined in section 101(a) of the 
                        Immigration and Nationality Act), an 
                        alien admitted as a refugee under 
                        section 207 of the Immigration and 
                        Nationality, or an alien lawfully 
                        admitted to the United States for 
                        permanent residence;
                            (ii) shall prepare and submit to 
                        the Director an application at such 
                        time, in such manner, and containing 
                        such information as the Director may 
                        require; and
                            (iii) shall certify to the Director 
                        that the individual intends to use 
                        amounts received under the scholarship 
                        to enroll or continue enrollment at an 
                        institution of higher education (as 
                        defined in section 101(a) of the Higher 
                        Education Act of 1965) in order to 
                        pursue an associate, undergraduate, or 
                        graduate level degree in mathematics, 
                        engineering, or computer science.
                    (B) Ability.--Awards of scholarships under 
                this subsection shall be made by the Director 
                solely on the basis of the ability of the 
                applicant, except that in any case in which 2 
                or more applicants for scholarships are deemed 
                by the Director to be possessed of 
                substantially equal ability, and there are not 
                sufficient scholarships available to grant one 
                to each of suchapplicants, the available 
scholarship or scholarships shall be awarded to the applicants in a 
manner that will tend to result in a geographically wide distribution 
throughout the United States of recipients' places of permanent 
residence.
            (3) Limitation.--The amount of a scholarship 
        awarded under this subsection shall be determined by 
        the Director, except that the Director shall not award 
        a scholarship in an amount exceeding $2,500 per year.
            (4) Funding.--The Director shall carry out this 
        subsection only with funds made available under section 
        286(s)(3) of the Immigration and Nationality Act.

SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.

    (a) In General.--Section 212 (8 U.S.C. 1182) is amended by 
adding at the end the following:
    ``(p)(1) In computing the prevailing wage level for an 
occupational classification in an area of employment for 
purposes of subsections (n)(1)(A)(i)(II) and (a)(5)(A) in the 
case of an employee of--
            ``(A) an institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965), or a related or affiliated nonprofit entity; 
        or
            ``(B) a nonprofit research organization or a 
        Governmental research organization,
the prevailing wage level shall only take into account 
employees at such institutions and organizations in the area of 
employment.
    ``(2) With respect to a professional athlete (as defined in 
subsection (a)(5)(A)(iii)(II)) when the job opportunity is 
covered by professional sports league rules or regulations, the 
wage set forth in those rules or regulations shall be 
considered as not adversely affecting the wages of United 
States workers similarly employed and be considered the 
prevailing wage.''.
    (b) Effective Date.--The amendment made by subsection (a) 
applies to prevailing wage computations made--
            (1) for applications filed on or after the date of 
        the enactment of this Act; and
            (2) for applications filed before such date, but 
        only to the extent that the computation is subject to 
        an administrative or judicial determination that is not 
        final as of such date.

SEC. 416. IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS.

    (a) Ensuring Accurate Count.--The Attorney General shall 
take such steps as are necessary to maintain an accurate count 
of the number of aliens subject to the numerical limitations of 
section 214(g)(1) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(1)) who are issued visas or otherwise provided 
nonimmigrant status.
    (b) Revision of Petition Forms.--The Attorney General shall 
take such steps as are necessary to revise the forms used for 
petitions for visas or nonimmigrant status under clause (i)(b) 
or (ii)(b) of section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that 
the forms provide the Attorney General with sufficient 
information to permit the Attorney General accurately to count 
the number of aliens subject to the numerical limitations of 
section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who are 
issued visas or otherwise provided nonimmigrant status.
    (c) Provision of Information.--
            (1) Quarterly notification.--Beginning not later 
        than 60 days after the first day of fiscal year 1999, 
        the Attorney General shall notify, on a quarterly 
        basis, the Committees on the Judiciary of the United 
        States House of Representatives and the Senate of the 
        numbers of aliens who were issued visas or otherwise 
        provided nonimmigrant status under section 
        101(a)(15)(H)(i)(b) of the Immigration and Nationality 
        Act during the preceding 3-month period.
            (2) Annual submission.--Beginning with fiscal year 
        2000, the Attorney General shall submit on an annual 
        basis, to the Committees on the Judiciary of the United 
        States House of Representatives and the Senate, 
        information on the countries of origin and occupations 
        of, educational levels attained by, and compensation 
        paid to, aliens who were issued visas or otherwise 
        provided nonimmigrant status under section 
        101(a)(15)(H)(i)(b) of the Immigration and Nationality 
        Act during the previous fiscal year. With respect to 
        the first submission under this paragraph, the 
        information shall relate solely to aliens provided 
        nonimmigrant status after the date that is 60 days 
        after the date on which final regulations are issued to 
        carry out section 412(a).
            (3) Specification of number of petitions filed by 
        certain employers.--Each notification under paragraph 
        (1), and each submission under paragraph (2), shall 
        include the number of aliens who were issued visas or 
        otherwise provided nonimmigrant status pursuant to 
        petitions filed by institutions or organizations 
        described in section 212(p)(1) of the Immigration and 
        Nationality Act (as added by section 415 of this 
        title).

SEC. 417. REPORT ON OLDER WORKERS IN THE INFORMATION TECHNOLOGY FIELD.

    (a) Study.--The Director of the National Science Foundation 
shall enter into a contract with the President of the National 
Academy of Sciences to conduct a study, using the best 
available data, assessing the status of older workers in the 
information technology field. The study shall consider the 
following:
            (1) The existence and extent of age discrimination 
        in the information technology workplace.
            (2) The extent to which there is a difference, 
        based on age, in--
                    (A) promotion and advancement;
                    (B) working hours;
                    (C) telecommuting;
                    (D) salary; and
                    (E) stock options, bonuses, and other 
                benefits.
            (3) The relationship between rates of advancement, 
        promotion, and compensation to experience, skill level, 
        education, and age.
            (4) Differences in skill level on the basis of age.
    (b) Report.--Not later than October 1, 2000, the Director 
of the National Science Foundation shall submit to the 
Committees on the Judiciary of the United States House of 
Representatives and the Senate a report containing the results 
of the study described in subsection (a).

SEC. 418. REPORT ON HIGH TECHNOLOGY LABOR MARKET NEEDS; REPORTS ON 
                    ECONOMIC IMPACT OF INCREASE IN H-1B NONIMMIGRANTS.

    (a) National Science Foundation Study and Report.--
            (1) In general.--The Director of the National 
        Science Foundation shall conduct a study to assess 
        labor market needs for workers with high technology 
        skills during the next 10 years. The study shall 
        investigate and analyze the following:
                    (A) Future training and education needs of 
                companies in the high technology and 
                information technology sectors and future 
                training and education needs of United States 
                students to ensure that students' skills at 
                various levels are matched to the needs in such 
                sectors.
                    (B) An analysis of progress made by 
                educators, employers, and government entities 
                to improve the teaching and educational level 
                of American students in the fields of math, 
                science, computer science, and engineering 
                since 1998.
                    (C) An analysis of the number of United 
                States workers currently or projected to work 
                overseas in professional, technical, and 
                managerial capacities.
                    (D) The relative achievement rates of 
                United States and foreign students in secondary 
                schools in a variety of subjects, including 
                math, science, computer science, English, and 
                history.
                    (E) The relative performance, by subject 
                area, of United States and foreign students in 
                postsecondary and graduate schools as compared 
                to secondary schools.
                    (F) The needs of the high technology sector 
                for foreign workers with specific skills and 
                the potential benefits and costs to United 
                States employers, workers, consumers, 
                postsecondary educational institutions, and the 
                United States economy, from the entry of 
                skilled foreign professionals in the fields of 
                science and engineering.
                    (G) The needs of the high technology sector 
                to adapt products and services for export to 
                particular local markets in foreign countries.
                    (H) An examination of the amount and trend 
                of moving the production or performance of 
                products and services now occurring in the 
                United States abroad.
            (2) Report.--Not later than October 1, 2000, the 
        Director of the National Science Foundation shall 
        submit to the Committees on the Judiciary of the United 
        States House of Representatives and the Senate a report 
        containing the results of the study described in 
        paragraph (1).
            (3) Involvement.--The study under paragraph (1) 
        shall be conducted in a manner that ensures the 
        participation of individuals representing a variety of 
        points of view.
    (b) Reporting on Studies Showing Economic Impact of H-1B 
Nonimmigrant Increase.--The Chairman of the Board of Governors 
of the Federal Reserve System, the Director of the Office of 
Management and Budget, the Chair of the Council of Economic 
Advisers, the Secretary of the Treasury, the Secretary of 
Commerce, the Secretary of Labor, and any other member of the 
Cabinet, shall promptly report to the Congress the results of 
any reliable study that suggests, based on legitimate economic 
analysis, that the increase effected by section 411(a) of this 
title in the number of aliens who may be issued visas or 
otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has 
had an impact on any national economic indicator, such as the 
level of inflation or unemployment, that warrants action by the 
Congress.

    Subtitle B--Special Immigrant Status for Certain NATO Civilian 
                               Employees

SEC. 421. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES.

    (a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) 
is amended--
            (1) by striking ``or'' at the end of subparagraph 
        (J);
            (2) by striking the period at the end of 
        subparagraph (K) and inserting ``; or''; and
            (3) by adding at the end the following new 
        subparagraph:
            ``(L) an immigrant who would be described in clause 
        (i), (ii), (iii), or (iv) of subparagraph (I) if any 
        reference in such a clause--
                    ``(i) to an international organization 
                described in paragraph (15)(G)(i) were treated 
                as a reference to the North Atlantic Treaty 
                Organization (NATO);
                    ``(ii) to a nonimmigrant under paragraph 
                (15)(G)(iv) were treated as a reference to a 
                nonimmigrant classifiable under NATO-6 (as a 
                member of a civilian component accompanying a 
                force entering in accordance with the 
                provisions of the NATO Status-of-Forces 
                Agreement, a member of a civilian component 
                attached to or employed by an Allied 
                Headquarters under the `Protocol on the Status 
                of International Military Headquarters' set up 
                pursuant to the North Atlantic Treaty, or as a 
                dependent); and
                    ``(iii) to the Immigration Technical 
                Corrections Act of 1988 or to the Immigration 
                and Nationality Technical Corrections Act of 
                1994 were a reference to the American 
                Competitiveness and Workforce Improvement Act 
                of 1998.''.
    (b) Conforming Nonimmigrant Status for Certain Parents of 
Special Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 
1101(a)(15)(N)) is amended--
            (1) by inserting ``(or under analogous authority 
        under paragraph (27)(L))'' after ``(27)(I)(i)''; and
            (2) by inserting ``(or under analogous authority 
        under paragraph (27)(L))'' after ``(27)(I)''.

                  Subtitle C--Miscellaneous Provision

SEC. 431. ACADEMIC HONORARIA.

    (a) In General.--Section 212 (8 U.S.C. 1182), as amended by 
section 415, is further amended by adding at the end the 
following:
    ``(q) Any alien admitted under section 101(a)(15)(B) may 
accept an honorarium payment and associated incidental expenses 
for a usual academic activity or activities (lasting not longer 
than 9 days at any single institution), as defined by the 
Attorney General in consultation with the Secretary of 
Education, if such payment is offered by an institution or 
organization described in subsection (p)(1) and is made for 
services conducted for the benefit of that institution or 
entity and if the alien has not accepted such payment or 
expenses from more than 5 institutions or organizations in the 
previous 6-month period.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply to activities occurring on or after the date of the 
enactment of this Act.

                 TITLE V--SALTON SEA FEASIBILITY STUDY

    (a) In General.--No later than January 1, 2000, the 
Secretary of the Interior, in accordance with this section, 
shall complete all feasibility studies and cost analyses for 
the options set forth in subsection (b)(2)(A) necessary for 
Congress to fully evaluate such options.
    (b) Feasibility Study.--
            (1) In general.--
                    (A) The Secretary shall complete all 
                studies, including, but not limited to 
                environmental and other reviews, of the 
                feasibility and benefit-cost of various options 
                that permit the continued use of the Salton Sea 
                as a reservoir for irrigation drainage and (1) 
                reduce and stabilize the overall salinity of 
                the Salton Sea, (2) stabilize the surface 
                elevation of the Salton Sea, (3) reclaim, in 
                the long term, healthy fish and wildlife 
                resources and their habitats, and (4) enhance 
                the potential for recreational uses and 
                economic development of the Salton Sea.
                    (B) Based solely on whatever information is 
                available at the time of submission of the 
                report, the Secretary shall (1) identify any 
                options he deems economically feasible and cost 
                effective, (2) identify any additional 
                information necessary to develop construction 
                specifications, and (3) submit any 
                recommendations, along with the results of the 
                study to the Committees no later than January 
                1, 2000.
                            (i) The Secretary shall carry out 
                        the feasibility study in accordance 
                        with a memorandum of understanding 
                        entered into by the Secretary, the 
                        Salton Sea Authority, and the Governor 
                        of California.
                            (ii) The memorandum of 
                        understanding shall, at a minimum, 
                        establish criteria for evaluation and 
                        selection of options under subparagraph 
                        (2)(A), including criteria for 
                        determining benefits and the magnitude 
                        and practicability of costs of 
                        construction, operation, and 
                        maintenance of each option evaluated.
            (2) Options to be considered.--Options considered 
        in the feasibility study--
                    (A) shall consist of, but need not be 
                limited to--
                            (i) use of impoundments to 
                        segregate a portion of the waters of 
                        the Salton Sea in one or more 
                        evaporation ponds located in the Salton 
                        Sea basin;
                            (ii) pumping water out of the 
                        Salton Sea;
                            (iii) augmented flows of water into 
                        the Salton Sea;
                            (iv) a combination of the options 
                        referred to in clauses (i), (ii), and 
                        (iii); and
                            (v) any other economically feasible 
                        remediation option the Secretary 
                        considers appropriate and for which 
                        feasibility analyses and cost estimates 
                        can be completed by January 1, 2000;
                    (B) shall be limited to proven 
                technologies; and
                    (C) shall not include any option that--
                            (i) relies on the importation of 
                        any new or additional water from the 
                        Colorado River; or
                            (ii) is inconsistent with the 
                        provisions of subsection (c).
            (3) Assumptions.--In evaluating options, the 
        Secretary shall apply assumptions regarding water 
        inflows into the Salton Sea Basin that encourage water 
        conservation, account for transfers of water out of the 
        Salton Sea Basin, and are based on a maximum likely 
        reduction in inflows into the Salton Sea Basin which 
        could be 800,000 acre-feet or less per year.
            (4) Consideration of costs.--In evaluating the 
        feasibility of options, the Secretary shall consider 
        the ability of Federal, tribal, State and local 
        government sources and private sources to fund capital 
        construction costs and annual operation, maintenance, 
        energy, and replacement costs and shall set forth the 
        basis for any cost sharing allocations as well as 
        anticipated repayment, if any, of federal 
        contributions.
    (c) Relationship to Other Law.--
            (1) Reclamation laws.--Activities authorized by 
        this title shall not be subject to the Act of June 17, 
        1902 (32 Stat. 388; 43 U.S.C. 391 et seq.), and Acts 
        amendatory thereof and supplemental thereto. Amounts 
        expended for those activities shall be considered 
        nonreimbursable for purposes of those laws and shall 
        not be considered to be a supplemental or additional 
        benefit for purposes of the Reclamation Reform Act of 
        1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).
            (2) Preservation of rights and obligations with 
        respect to the colorado river.--This Act shall not be 
        considered to supersede or otherwise affect any treaty, 
        law, decree, contract, or agreement governing use of 
        water from the Colorado River. All activities taken 
        under this Act must be carried out in a manner 
        consistent with rights and obligations of persons under 
        those treaties, laws, decrees, contracts, and 
        agreements.

  TITLE VI--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
     STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

SEC. 601. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Restoration.--The term ``restoration'' means 
        mitigation of the habitat of wildlife.
            (2) Terrestrial wildlife habitat.--The term 
        ``terrestrial wildlife habitat'' means a habitat for a 
        wildlife species (including game and nongame species) 
        that existed or exists on an upland habitat (including 
        a prairie grassland, woodland, bottom land forest, 
        scrub, or shrub) or an emergent wetland habitat.
            (3) Wildlife.--The term ``wildlife'' has the 
        meaning given the term in section 8 of the Fish and 
        Wildlife Coordination Act (16 U.S.C. 666b).

SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

    (a) Terrestrial Wildlife Habitat Restoration Plans.--
            (1) In general.--In accordance with this subsection 
        and in consultation with the Secretary and the 
        Secretary of the Interior, the State of South Dakota, 
        the Cheyenne River Sioux Tribe, and the Lower Brule 
        Sioux Tribe shall, as a condition of the receipt of 
        funds under this title, each develop a plan for the 
        restoration of terrestrial wildlife habitat loss that 
        occurred as a result of flooding related to the Big 
        Bend and Oahe projects carried out as part of the Pick-
        Sloan Missouri River Basin program.
            (2) Submission of plan to secretary.--On completion 
        of a plan for terrestrial wildlife habitat restoration, 
        the State of South Dakota, the Cheyenne River Sioux 
        Tribe, and the Lower Brule Sioux Tribe shall submit the 
        plan to the Secretary.
            (3) Review by secretary and submission to 
        committees.--The Secretary shall review the plan and 
        submit the plan, with any comments, to the appropriate 
        committees of the Senate and the House of 
        Representatives.
            (4) Funding for carrying out plans.--
                    (A) State of south dakota.--
                            (i) Notification.--On receipt of 
                        the plan for terrestrial wildlife 
                        habitat restoration submitted by the 
                        State of South Dakota, each of the 
                        Committees referred to in paragraph (3) 
                        shall notify the Secretary of the 
                        Treasury of the receipt of the plan.
                            (ii) Availability of funds.--On 
                        notification in accordance with clause 
                        (i), the Secretary of the Treasury 
                        shall make available to the State of 
                        South Dakota funds from the South 
                        Dakota Terrestrial Wildlife Habitat 
                        Restoration Trust Fund established 
                        under section 803, to be used to carry 
                        out the plan for terrestrial wildlife 
                        habitat restoration submitted by the 
                        State and only after the Trust Fund is 
                        fully capitalized.
                    (B) Cheyenne river sioux tribe and lower 
                brule sioux tribe.--
                            (i) Notification.--On receipt of 
                        the plan for terrestrial wildlife 
                        habitat restoration submitted by the 
                        Cheyenne River Sioux Tribe and the 
                        Lower Brule Sioux Tribe, each of the 
                        Committees referred to in paragraph (3) 
                        shall notify the Secretary of the 
                        Treasury of the receipt of each of the 
                        plans.
                            (ii) Availability of funds.--On 
                        notification in accordance with clause 
                        (i), the Secretary of the Treasury 
                        shall make available to the Cheyenne 
                        River SiouxTribe and the Lower Brule 
Sioux Tribe funds from the Cheyenne River Sioux Tribe Terrestrial 
Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux Tribe 
Terrestrial Wildlife Habitat Restoration Trust Fund, respectively, 
established under section 804, to be used to carry out the plan for 
terrestrial wildlife habitat restoration submitted by the Cheyenne 
River Sioux Tribe and the Lower Brule Sioux Tribe, respectively, and 
only after the Trust Fund is fully capitalized.
                    (C) Transition period.--
                            (i) In general.--During the period 
                        described in clause (ii), the Secretary 
                        shall--
                                    (I) fund the terrestrial 
                                wildlife habitat restoration 
                                programs being carried out on 
                                the date of enactment of this 
                                Act on Oahe and Big Bend 
                                project land and the plans 
                                established under this section 
                                at a level that does not exceed 
                                the highest amount of funding 
                                that was provided for the 
                                programs during a previous 
                                fiscal year; and
                                    (II) fund the activities 
                                described in sections 803(d)(3) 
                                and 804(d)(3).
                            (ii) Period.--Clause (i) shall 
                        apply during the period--
                                    (I) beginning on the date 
                                of enactment of this Act; and
                                    (II) ending on the date on 
                                which funds are made available 
                                for use from the South Dakota 
                                Terrestrial Wildlife Habitat 
                                Restoration Trust Fund under 
                                section 803(d)(3)(A)(i) and the 
                                Cheyenne River Sioux Tribe 
                                Terrestrial Wildlife Habitat 
                                Restoration Trust Fund and the 
                                Lower Brule Sioux Tribe 
                                Terrestrial Wildlife Habitat 
                                Restoration Trust Fund under 
                                section 804(d)(3)(A)(i).
    (b) Programs for the Purchase of Wildlife Habitat Leases.--
            (1) In general.--The State of South Dakota may use 
        funds made available under section 803(d)(3)(A)(iii) to 
        develop a program for the purchase of wildlife habitat 
        leases that meets the requirements of this subsection.
            (2) Development of a plan.--
                    (A) In general.--If the State of South 
                Dakota, the Cheyenne River Sioux Tribe, or the 
                Lower Brule Sioux Tribe elects to conduct a 
                program under this subsection, the State of 
                South Dakota, the Cheyenne River Sioux Tribe, 
                or the Lower Brule Sioux Tribe (in consultation 
                with the United States Fish and Wildlife 
                Service and the Secretary and with an 
                opportunity for public comment) shall develop a 
                plan to lease land for the protection and 
                development of wildlife habitat, including 
                habitat for threatened and endangered species, 
                associated with the Missouri River ecosystem.
                    (B) Use for program.--The plan shall be 
                used by the State of South Dakota, the Cheyenne 
                River Sioux Tribe, or the Lower Brule Sioux 
                Tribe in carrying out the program carried out 
                under paragraph (1).
            (3) Conditions of leases.--Each lease covered under 
        a program carried out under paragraph (1) shall specify 
        that the owner of the property that is subject to the 
        lease shall provide--
                    (A) public access for sportsmen during 
                hunting season; and
                    (B) public access for other outdoor uses 
                covered under the lease, as negotiated by the 
                landowner and the State of South Dakota, the 
                Cheyenne River Sioux Tribe, or the Lower Brule 
                Sioux Tribe.
            (4) Use of assistance.--
                    (A) State of south dakota.--If the State of 
                South Dakota conducts a program under this 
                subsection, the State may use funds made 
                available under section 803(d)(3)(A)(iii) to--
                            (i) acquire easements, rights-of-
                        way, or leases for management and 
                        protection of wildlife habitat, 
                        including habitat for threatened and 
                        endangered species, and public access 
                        to wildlife on private property in the 
                        State of South Dakota;
                            (ii) create public access to 
                        Federal or State land through the 
                        purchase of easements or rights-of-way 
                        that traverse such private property; or
                            (iii) lease land for the creation 
                        or restoration of a wetland on such 
                        private property.
                    (B) Cheyenne river sioux tribe and lower 
                brule sioux tribe.--If the Cheyenne River Sioux 
                Tribe or the Lower Brule Sioux Tribe conducts a 
                program under this subsection, the Tribe may 
                use funds made available under section 
                804(d)(3)(A)(iii) for the purposes described in 
                subparagraph (A).
    (c) Federal Obligation for Terrestrial Wildlife Habitat 
Mitigation for the Big Bend and Oahe Projects in South 
Dakota.--The establishment of the trust funds under sections 
803 and 804 and the development and implementation of plans for 
terrestrial wildlife habitat restoration developed by the State 
of South Dakota, the Cheyenne River Sioux Tribe, and the Lower 
Brule Sioux Tribe in accordance with this section shall be 
considered to satisfy the Federal obligation under the Fish and 
Wildlife Coordination Act (16 U.S.C. 661 et seq.) for 
terrestrial wildlife habitat mitigation for the State of South 
Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule 
Sioux Tribe for the Big Bend and Oahe projects carried out as 
part of the Pick-Sloan Missouri River Basin program.

SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST 
                    FUND.

    (a) Establishment.--There is established in the Treasury of 
the United States a fund to be known as the ``South Dakota 
Terrestrial Wildlife Habitat Restoration Trust Fund'' (referred 
to in this section as the ``Fund'').
    (b) Funding.--For the fiscal year during which this Act is 
enacted and each fiscal year thereafter until the aggregate 
amount deposited in the Fund under this subsection is equal to 
at least $108,000,000, the Secretary of the Treasury shall 
deposit $10,000,000 in the Fund.
    (c) Investments.--The Secretary of the Treasury shall 
invest the amounts deposited under subsection (b) only in 
interest-bearing obligations of the United States or in 
obligations guaranteed by the United States as to both 
principal and interest.
    (d) Payments.--
            (1) In general.--All amounts credited as interest 
        under subsection (c) shall be available, without fiscal 
        year limitation, to the State of South Dakota for use 
        in accordance with paragraph (3) after the Fund has 
        been fully capitalized.
            (2) Withdrawal and transfer of funds.--Subject to 
        section 802(a)(4)(A), the Secretary of the Treasury 
        shall withdraw amounts credited as interest under 
        paragraph (1) and transfer the amounts to the State of 
        South Dakota for use as State funds in accordance with 
        paragraph (3) after the Fund has been fully 
        capitalized.
            (3) Use of transferred funds.--
                    (A) In general.--Subject to subparagraph 
                (B), the State of South Dakota shall use the 
                amounts transferred under paragraph (2) only 
                to--
                            (i) fully fund the annually 
                        scheduled work described in the 
                        terrestrial wildlife habitat 
                        restoration plan of the State developed 
                        under section 802(a); and
                            (ii) with any remaining funds--
                                    (I) protect archaeological, 
                                historical, and cultural sites 
                                located along the Missouri 
                                River on land transferred to 
                                the State;
                                    (II) fund all costs 
                                associated with the ownership, 
                                management, operation, 
                                administration, maintenance, 
                                and development of recreation 
                                areas and other lands that are 
                                transferred to the State of 
                                South Dakota by the Secretary;
                                    (III) purchase and 
                                administer wildlife habitat 
                                leases under section 802(b);
                                    (IV) carry out other 
                                activities described in section 
                                802; and
                                    (V) develop and maintain 
                                public access to, and protect, 
                                wildlife habitat and recreation 
                                areas along the Missouri River.
                    (B) Prohibition.--The amounts transferred 
                under paragraph (2) shall not be used for the 
                purchase of land in fee title.
    (e) Transfers and Withdrawals.--Except as provided in 
subsection (d), the Secretary of the Treasury may not transfer 
or withdraw any amount deposited under subsection (b).
    (f) Administrative Expenses.--There are authorized to be 
appropriated to the Secretary of the Treasury such sums as are 
necessary to pay the administrative expenses of the Fund.

SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE 
                    TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST 
                    FUNDS.

    (a) Establishment.--There are established in the Treasury 
of the United States 2 funds to be known as the ``Cheyenne 
River Sioux Tribe Terrestrial Wildlife Restoration Trust Fund'' 
and the ``Lower Brule Sioux Tribe Terrestrial Wildlife Habitat 
Restoration Trust Fund'' (each of which is referred to in this 
section as a ``Fund'').
    (b) Funding.--
            (1) In general.--Subject to paragraph (2), for the 
        fiscal year during which this Act is enacted and each 
        fiscal year thereafter until the aggregate amount 
        deposited in the Funds under this subsection is equal 
        to at least $57,400,000, the Secretary of the Treasury 
        shall deposit $5,000,000 in the Funds.
            (2) Allocation.--Of the total amount of funds 
        deposited into the Funds for a fiscal year, the 
        Secretary of the Treasury shall deposit--
                    (A) 74 percent of the funds into the 
                Cheyenne River Sioux Tribe Terrestrial Wildlife 
                Restoration Trust Fund; and
                    (B) 26 percent of the funds into the Lower 
                Brule Sioux Tribe Terrestrial Wildlife Habitat 
                Restoration Trust Fund.
    (c) Investments.--The Secretary of the Treasury shall 
invest the amounts deposited under subsection (b) only in 
interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the 
United States.
    (d) Payments.--
            (1) In general.--All amounts credited as interest 
        under subsection (c) shall be available after the Trust 
        Funds are fully capitalized, without fiscal year 
        limitation, to the Cheyenne River Sioux Tribe and the 
        Lower Brule Sioux Tribe for their use in accordance 
        with paragraph (3).
            (2) Withdrawal and transfer of funds.--Subject to 
        section 802(a)(4)(B), the Secretary of the Treasury 
        shall withdraw amounts credited as interest under 
        paragraph (1) and transfer the amounts to the Cheyenne 
        River Sioux Tribe and the Lower Brule Sioux Tribe for 
        use in accordance with paragraph (3).
            (3) Use of transferred funds.--
                    (A) In general.--Subject to subparagraph 
                (B), the Cheyenne River Sioux Tribe and the 
                Lower Brule Sioux Tribe shall use the amounts 
                transferred under paragraph (2) only to--
                            (i) fully fund the annually 
                        scheduled work described in the 
                        terrestrial wildlife habitat 
                        restoration plan of the respective 
                        Tribe developed under section 802(a); 
                        and
                            (ii) with any remaining funds--
                                    (I) protect archaeological, 
                                historical, and cultural sites 
                                located along the Missouri 
                                River on land transferred to 
                                the respective Tribe;
                                    (II) fund all costs 
                                associated with the ownership, 
                                management, operation, 
                                administration, maintenance, 
                                and development of recreation 
                                areas and other lands that are 
                                transferred to the respective 
                                Tribe by the Secretary;
                                    (III) purchase and 
                                administer wildlife habitat 
                                leases under section 802(b);
                                    (IV) carry out other 
                                activities described in section 
                                802; and
                                    (V) develop and maintain 
                                public access to, and protect, 
                                wildlife habitat and recreation 
                                areas along the Missouri River.
                    (B) Prohibition.--The amounts transferred 
                under paragraph (2) shall not be used for the 
                purchase of land in fee title.
    (e) Transfers and Withdrawals.--Except as provided in 
subsection (d), the Secretary of the Treasury may not transfer 
or withdraw any amount deposited under subsection (b).
    (f) Administrative Expenses.--There are authorized to be 
appropriated to the Secretary of the Treasury such sums as are 
necessary to pay the administrative expenses of the Fund.

SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

    (a) In General.--
            (1) Transfer.--
                    (A) In general.--The Secretary shall 
                transfer to the Department of Game, Fish and 
                Parks of the State of South Dakota (referred to 
                in this section as the ``Department'') the land 
                and recreation areas described in subsections 
                (b) and (c) for fish and wildlife purposes, or 
                public recreation uses, in perpetuity.
                    (B) Permits, rights-of-way, and 
                easements.--All permits, rights-of-way, and 
                easements granted by the Secretary to the 
                Oglala Sioux Tribe for land on the west side of 
                the Missouri River between the Oahe Dam and 
                Highway 14, and all permits, rights-of-way, and 
                easements on any other land administered by the 
                Secretary and used by the Oglala Sioux Rural 
                Water Supply System, are granted to the Oglala 
                Sioux Tribe in perpetuity to be held in trust 
                under section 3(e) of the Mni Wiconi Project 
                Act of 1988 (102 Stat. 2568).
            (2) Uses.--The Department shall maintain and 
        develop the land outside the recreation areas for fish 
        and wildlife purposes in accordance with--
                    (A) fish and wildlife purposes in effect on 
                the date of enactment of this Act; or
                    (B) a plan developed under section 802.
            (3) Corps of engineers.--The transfer shall not 
        interfere with the Corps of Engineers operation of a 
        project under this section for an authorized purpose of 
        the project under the Act of December 22, 1944 (58 
        Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.), or 
        other applicable law.
            (4) Secretary.--The Secretary shall retain the 
        right to inundate with water the land transferred to 
        the Department under this section or draw down a 
        project reservoir, as necessary to carry out an 
        authorized purpose of a project.
    (b) Land Transferred.--The land described in this 
subsection is land that--
            (1) is located above the top of the exclusive flood 
        pool of the Oahe, Big Bend, Fort Randall, and Gavin's 
        Point projects of the Pick-Sloan Missouri River Basin 
        program;
            (2) was acquired by the Secretary for the 
        implementation of the Pick-Sloan Missouri River Basin 
        program;
            (3) is located outside the external boundaries of a 
        reservation of an Indian Tribe; and
            (4) is located within the State of South Dakota.
    (c) Recreation Areas Transferred.--A recreation area 
described in this section includes the land and waters within a 
recreation area that--
            (1) the Secretary determines, at the time of the 
        transfer, is a recreation area classified for 
        recreation use by the Corps of Engineers on the date of 
        enactment of this Act;
            (2) is located outside the external boundaries of a 
        reservation of an Indian Tribe;
            (3) is located within the State of South Dakota;
            (4) is not the recreation area known as 
        ``Cottonwood'', ``Training Dike'', or ``Tailwaters''; 
        and
            (5) is located below Gavin's Point Dam in the State 
        of South Dakota in accordance with boundary agreements 
        and reciprocal fishing agreements between the State of 
        South Dakota and the State of Nebraska in effect on the 
        date of enactment of this Act, which agreements shall 
        continue to be honored by the State of South Dakota as 
        the agreements apply to any land or recreation areas 
        transferred under this title to the State of South 
        Dakota below Gavin's Point Dam and on the waters of the 
        Missouri River.
    (d) Map.--
            (1) In general.--The Secretary, in consultation 
        with the Department, shall prepare a map of the land 
        and recreation areas transferred under this section.
            (2) Land.--The map shall identify--
                    (A) land reasonably expected to be required 
                for project purposes during the 20-year period 
                beginning on the date of enactment of this Act; 
                and
                    (B) dams and related structures;
        which shall be retained by the Secretary.
            (3) Availability.--The map shall be on file in the 
        appropriate offices of the Secretary.
    (e) Schedule for Transfer.--
            (1) In general.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary of the 
        Army and the Secretary of the Department shall jointly 
        develop a schedule for transferring the land and 
        recreation areas under this section.
            (2) Transfer deadline.--All land and recreation 
        areas shall be transferred not later than 1 year after 
        the full capitalization of the Trust Fund described in 
        section 803.
    (f) Transfer Conditions.--The land and recreation areas 
described in subsections (b) and (c) shall be transferred in 
fee title to the Department on the following conditions:
            (1) Responsibility for damage.--The Secretary shall 
        not be responsible for any damage to the land caused by 
        flooding, sloughing, erosion, or other changes to the 
        land caused by the operation of any project of the 
        Pick-Sloan Missouri River Basin program (except as 
        otherwise provided by Federal law).
            (2) Easements, rights-of-way, leases, and cost-
        sharing agreements.--The Department shall maintain all 
        easements, rights-of-way, leases, and cost-sharing 
        agreements that are in effect as of the date of the 
        transfer.
    (g) Hunting and Fishing.--
            (1) In general.--Nothing in this title affects 
        jurisdiction over the land and water below the 
        exclusive flood pool of the Missouri River within the 
        State of South Dakota, including affected Indian 
        reservations. The State of South Dakota, the Lower 
        Brule Sioux Tribe, and the Cheyenne River Sioux Tribe 
        shall continue in perpetuity to exercise the 
        jurisdiction the State and Tribes possess on the date 
        of enactment of this Act.
            (2) No effect on respective jurisdictions.--The 
        Secretary may not adopt any regulation or otherwise 
        affect the respective jurisdictions of the State of 
        South Dakota, the Lower Brule River Sioux Tribe, or the 
        Cheyenne River Sioux Tribe described in paragraph (1).
    (h) Applicability of Law.--Notwithstanding any other 
provision of this Act, the following provisions of law shall 
apply to land transferred under this section:
            (1) The National Historic Preservation Act (16 
        U.S.C. 470 et seq.), including sections 106 and 304 of 
        that Act (16 U.S.C. 470f, 470w-3).
            (2) The Archaeological Resources Protection Act of 
        1979 (16 U.S.C. 470aa et seq.), including sections 4, 
        6, 7, and 9 of that Act (16 U.S.C. 470cc, 470ee, 470ff, 
        470hh).
            (3) The Native American Graves Protection Act and 
        Repatriation Act (25 U.S.C. 3001 et seq.), including 
        subsections (a) and (d) of section 3 of that Act (25 
        U.S.C. 3003).

SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.

    (a) In General.--
            (1) Transfer.--The Secretary of the Army shall 
        transfer to the Secretary of the Interior the land and 
        recreation areas described in subsections (b) and (c).
            (2) Corps of engineers.--The transfer shall not 
        interfere with the Corps of Engineers operation of a 
        project under this section for an authorized purpose of 
        the project under the Act of December 22, 1944 (58 
        Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.), or 
        other applicable law.
            (3) Secretary of the army.--The Secretary of the 
        Army shall retain the right to inundate with water the 
        land transferred to the Secretary of the Interior under 
        this section or draw down a project reservoir, as 
        necessary to carry out an authorized purpose of a 
        project.
            (4) Trust.--The Secretary of the Interior shall 
        hold in trust for the Cheyenne River Sioux Tribe and 
        the Lower Brule Sioux Tribe the land transferred under 
        this section that is located within the external 
        boundaries of the reservation of the Indian Tribes.
    (b) Land Transferred.--The land described in this 
subsection is land that--
            (1) is located above the top of the exclusive flood 
        pool of the Big Bend and Oahe projects of the Pick-
        Sloan Missouri River Basin program;
            (2) was acquired by the Secretary of the Army for 
        the implementation of the Pick-Sloan Missouri River 
        Basin program; and
            (3) is located within the external boundaries of 
        the reservation of the Cheyenne River Sioux Tribe and 
        the Lower Brule Sioux Tribe.
    (c) Recreation Areas Transferred.--A recreation area 
described in this section includes the land and waters within a 
recreation area that--
            (1) the Secretary determines, at the time of the 
        transfer, is a recreation area classified for 
        recreationuse by the Corps of Engineers on the date of 
enactment of this Act;
            (2) is located within the external boundaries of a 
        reservation of an Indian Tribe; and
            (3) is located within the State of South Dakota.
    (d) Map.--
            (1) In general.--The Secretary, in consultation 
        with the governing bodies of the Cheyenne River Sioux 
        Tribe and the Lower Brule Sioux Tribe, shall prepare a 
        map of the land transferred under this section.
            (2) Land.--The map shall identify--
                    (A) land reasonably expected to be required 
                for project purposes during the 20-year period 
                beginning on the date of enactment of this Act; 
                and
                    (B) dams and related structures;
        which shall be retained by the Secretary.
            (3) Availability.--The map shall be on file in the 
        appropriate offices of the Secretary.
    (e) Schedule for Transfer.--
            (1) In general.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary and the 
        Chairmen of the Cheyenne River Sioux Tribe and the 
        Lower Brule Sioux Tribe shall jointly develop a 
        schedule for transferring the land and recreation areas 
        under this section.
            (2) Transfer deadline.--All land and recreation 
        areas shall be transferred not later than 1 year after 
        the full capitalization of the State and tribal Trust 
        Fund described in section 804.
    (f) Transfer Conditions.--The land and recreation areas 
described in subsections (b) and (c) shall be transferred to, 
and held in trust by, the Secretary of the Interior on the 
following conditions:
            (1) Responsibility for damage.--The Secretary shall 
        not be responsible for any damage to the land caused by 
        flooding, sloughing, erosion, or other changes to the 
        land caused by the operation of any project of the 
        Pick-Sloan Missouri River Basin program (except as 
        otherwise provided by Federal law).
            (2) Hunting and fishing.--Nothing in this title 
        affects jurisdiction over the land and waters below the 
        exclusive flood pool and within the external boundaries 
        of the Cheyenne River Sioux Tribe and Lower Brule Sioux 
        Tribe reservations. The State of South Dakota, the 
        Lower Brule Sioux Tribe, and the Cheyenne River Sioux 
        Tribe shall continue to exercise, in perpetuity, the 
        jurisdiction they possess on the date of enactment of 
        this Act with regard to those lands and waters. The 
        Secretary may not adopt any regulation or otherwise 
        affect the respective jurisdictions of the State of 
        South Dakota, the Lower Brule River Sioux Tribe, or the 
        Cheyenne River Sioux Tribe described in the preceding 
        sentence. Jurisdiction over the land transferred under 
        this section shall be the same as that over other land 
        held in trust by the Secretary of the Interior on the 
        Cheyenne River Sioux Tribe reservation and the Lower 
        Brule Sioux Tribe reservation.
            (3) Easements, rights-of-way, leases, and cost-
        sharing agreements.--
                    (A) Maintenance.--The Secretary of the 
                Interior shall maintain all easements, rights-
                of-way, leases, and cost-sharing agreements 
                that are in effect as of the date of the 
                transfer.
                    (B) Payments to county.--The Secretary of 
                the Interior shall pay any affected county 100 
                percent of the receipts from the easements, 
                rights-of-way, leases, and cost-sharing 
                agreements described in subparagraph (A).

SEC. 607. ADMINISTRATION.

    (a) In General.--Nothing in this title diminishes or 
affects--
            (1) any water right of an Indian Tribe;
            (2) any other right of an Indian Tribe, except as 
        specifically provided in another provision of this 
        title;
            (3) any treaty right that is in effect on the date 
        of enactment of this Act;
            (4) any external boundary of an Indian reservation 
        of an Indian Tribe;
            (5) any authority of the State of South Dakota that 
        relates to the protection, regulation, or management of 
        fish, terrestrial wildlife, and cultural and 
        archaeological resources, except as specifically 
        provided in this title; or
            (6) any authority of the Secretary, the Secretary 
        of the Interior, or the head of any other Federal 
        agency under a law in effect on the date of enactment 
        of this Act, including--
                    (A) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection 
                Act of 1979 (16 U.S.C. 470aa et seq.);
                    (C) the Fish and Wildlife Coordination Act 
                (16 U.S.C. 661 et seq.);
                    (D) the Act entitled ``An Act for the 
                protection of the bald eagle'', approved June 
                8, 1940 (16 U.S.C. 668 et seq.);
                    (E) the Migratory Bird Treaty Act (16 
                U.S.C. 703 et seq.);
                    (F) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.);
                    (G) the Native American Graves Protection 
                and Repatriation Act (25 U.S.C. 3001 et seq.);
                    (H) the Federal Water Pollution Control Act 
                (commonly known as the ``Clean Water Act'') (33 
                U.S.C. 1251 et seq.);
                    (I) the Safe Drinking Water Act (42 U.S.C. 
                300f et seq.); and
                    (J) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.).
    (b) Federal Liability for Damage.--Nothing in this title 
relieves the Federal Government of liability for damage to 
private land caused by the operation of the Pick-Sloan Missouri 
River Basin program.
    (c) Flood Control.--Notwithstanding any other provision of 
this title, the Secretary shall retain the authority to operate 
the Pick-Sloan Missouri River Basin program for purposes of 
meeting the requirements of the Act of December 22, 1944 (58 
Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.).

SEC. 608. STUDY.

    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall arrange for the 
United States Geological Survey, in consultation with the 
Bureau of Indian Affairs and other appropriate Federal 
agencies, to conduct a comprehensive study of the potential 
impacts of the transfer of land under sections 805(b) and 
806(b), including potential impacts on South Dakota Sioux 
Tribes having water claims within the Missouri River Basin, on 
water flows in the Missouri River.
    (b) No Transfer Pending Determination.--No transfer of land 
under section 805(b) or 806(b) shall occur until the Secretary 
determines, based on the study, that the transfer of land under 
either section will not significantly reduce the amount of 
water flow to the downstream States of the Missouri River.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    (a) Secretary.--There are authorized to be appropriated to 
the Secretary such sums as are necessary--
            (1) to pay the administrative expenses incurred by 
        the Secretary in carrying out this title; and
            (2) to fund the implementation of terrestrial 
        wildlife habitat restoration plans under section 802(a) 
        and other activities under sections 803(d)(3) and 
        804(d)(3).
    (b) Secretary of the Interior.--There are authorized to be 
appropriated to the Secretary of the Interior such sums as are 
necessary to pay the administrative expenses incurred by the 
Secretary of the Interior in carrying out this title.

   TITLE VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Office of National Drug 
Control Policy Reauthorization Act of 1998''.

SEC. 702. DEFINITIONS.

    In this title:
            (1) Demand reduction.--The term ``demand 
        reduction'' means any activity conducted by a National 
        Drug Control Program agency, other than an enforcement 
        activity, that is intended to reduce the use of drugs, 
        including--
                    (A) drug abuse education;
                    (B) drug abuse prevention;
                    (C) drug abuse treatment;
                    (D) drug abuse research;
                    (E) drug abuse rehabilitation;
                    (F) drug-free workplace programs; and
                    (G) drug testing.
            (2) Director.--The term ``Director'' means the 
        Director of National Drug Control Policy.
            (3) Drug.--The term ``drug'' has the meaning given 
        the term ``controlled substance'' in section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(6)).
            (4) Drug control.--The term ``drug control'' means 
        any activity conducted by a National Drug Control 
        Program agency involving supply reduction or demand 
        reduction.
            (5) Fund.--The term ``Fund'' means the fund 
        established under section 703(d).
            (6) National drug control program.--The term 
        ``National Drug Control Program'' means programs, 
        policies, and activities undertaken by National Drug 
        Control Program agencies pursuant to the 
        responsibilities of such agencies under the National 
        Drug Control Strategy.
            (7) National drug control program agency.--The term 
        ``National Drug Control Program Agency'' means any 
        agency that is responsible for implementing any aspect 
        of the National Drug Control Strategy, including any 
        agency that receives Federal funds to implement any 
        aspect of the National Drug Control Strategy, but does 
        not include any agency that receives funds for drug 
        control activity solely under the National Foreign 
        Intelligence Program, the Joint Military Intelligence 
        Program or Tactical Intelligence and Related 
        Activities, unless such agency has been designated--
                    (A) by the President; or
                    (B) jointly by the Director and the head of 
                the agency.
            (8) National drug control strategy.--The term 
        ``National Drug Control Strategy'' means the strategy 
        developed and submitted to Congress under section 706.
            (9) Office.--Unless the context clearly implicates 
        otherwise, the term ``Office'' means the Office of 
        National Drug Control Policy established under section 
        703(a).
            (10) State and local affairs.--The term ``State and 
        local affairs'' means domestic activities conducted by 
        a National Drug Control Program agency that are 
        intended to reduce the availability and use of drugs, 
        including--
                    (A) coordination and facilitation of 
                Federal, State, and local law enforcement drug 
                control efforts;
                    (B) promotion of coordination and 
                cooperation among the drug supply reduction and 
                demand reduction agencies of the various 
                States, territories, and units of local 
                government; and
                    (C) such other cooperative governmental 
                activities which promote a comprehensive 
                approach to drug control at the national, 
                State, territory, and local levels.
            (11) Supply reduction.--The term ``supply 
        reduction'' means any activity of a program conducted 
        by a National Drug Control Program agency that is 
        intended to reduce the availability or use of drugs in 
        the United States and abroad, including--
                    (A) international drug control;
                    (B) foreign and domestic drug intelligence;
                    (C) interdiction; and
                    (D) domestic drug law enforcement, 
                including law enforcement directed at drug 
                users.

SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

    (a) Establishment of Office.--There is established in the 
Executive Office of the President an Office of National Drug 
Control Policy, which shall--
            (1) develop national drug control policy;
            (2) coordinate and oversee the implementation of 
        that national drug control policy;
            (3) assess and certify the adequacy of national 
        drug control programs and the budget for those 
        programs; and
            (4) evaluate the effectiveness of the national drug 
        control programs.
    (b) Director and Deputy Directors.--
            (1) Director.--There shall be at the head of the 
        Office a Director of National Drug Control Policy.
            (2) Deputy director of national drug control 
        policy.--There shall be in the Office a Deputy Director 
        of National Drug Control Policy, who shall assist the 
        Director in carrying out the responsibilities of the 
        Director under this title.
            (3) Other deputy directors.--There shall be in the 
        Office--
                    (A) a Deputy Director for Demand Reduction, 
                who shall be responsible for the activities 
                described in subparagraphs (A) through (G) of 
                section 702(1);
                    (B) a Deputy Director for Supply Reduction, 
                who shall be responsible for the activities 
                described in subparagraphs (A) through (C) of 
                section 702(11); and
                    (C) a Deputy Director for State and Local 
                Affairs, who shall be responsible for the 
                activities described in subparagraphs (A) 
                through (C) of section 702(10) and subparagraph 
                (D) of section 702(11).
    (c) Access by Congress.--The location of the Office in the 
Executive Office of the President shall not be construed as 
affecting access by Congress, or any committee of the House of 
Representatives or the Senate, to any--
            (1) information, document, or study in the 
        possession of, or conducted by or at the direction of 
        the Director; or
            (2) personnel of the Office.
    (d) Office of National Drug Control Policy Gift Fund.--
            (1) Establishment.--There is established in the 
        Treasury of the United States a fund for the receipt of 
        gifts, both real and personal, for the purpose of 
        aiding or facilitating the work of the Office under 
        section 704(c).
            (2) Contributions.--The Office may accept, hold, 
        and administer contributions to the Fund.
            (3) Use of amounts deposited.--Amounts deposited in 
        the Fund are authorized to be appropriated, to remain 
        available until expended for authorized purposes at the 
        discretion of the Director.

SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.

    (a) Appointment.--
            (1) In general.--The Director, the Deputy Director 
        of National Drug Control Policy, the Deputy Director 
        for Demand Reduction, the Deputy Director for Supply 
        Reduction, and the Deputy Director for State and Local 
        Affairs, shall each be appointed by the President, by 
        and with the advice and consent of the Senate, and 
        shall serve at the pleasure of the President. In 
        appointing the Deputy Director for Demand Reduction 
        under this paragraph, the President shall take into 
        consideration the scientific, educational or 
        professional background of the individual, and whether 
        the individual has experience in the fields of 
        substance abuse prevention, education, or treatment.
            (2) Duties of deputy director of national drug 
        control policy.--The Deputy Director of National Drug 
        Control Policy shall--
                    (A) carry out the duties and powers 
                prescribed by the Director; and
                    (B) serve as the Director in the absence of 
                the Director or during any period in which the 
                office of the Director is vacant.
            (3) Designation of other officers.--In the absence 
        of the Deputy Director, or if the Office of the Deputy 
        Director is vacant, the Director shall designate such 
        other permanent employee of the Office to serve as the 
        Director, if the Director is absent or unable to serve.
            (4) Prohibition.--No person shall serve as Director 
        or a Deputy Director while serving in any other 
        position in the Federal Government.
            (5) Prohibition on political campaigning.--Any 
        officer or employee of the Office who is appointed to 
        that position by the President, by and with the advice 
        and consent of the Senate, may not participate in 
        Federal election campaign activities, except that such 
        official is not prohibited by this paragraph from 
        making contributions to individual candidates.
    (b) Responsibilities.--The Director--
            (1) shall assist the President in the establishment 
        of policies, goals, objectives, and priorities for the 
        National Drug Control Program;
            (2) shall promulgate the National Drug Control 
        Strategy under section 706(a) and each report under 
        section 706(b) in accordance with section 706;
            (3) shall coordinate and oversee the implementation 
        by the National Drug Control Program agencies of the 
        policies, goals, objectives, and priorities established 
        under paragraph (1) and the fulfillment of the 
        responsibilities of such agencies under theNational 
Drug Control Strategy and make recommendations to National Drug Control 
Program agency heads with respect to implementation of Federal counter-
drug programs;
            (4) shall make such recommendations to the 
        President as the Director determines are appropriate 
        regarding changes in the organization, management, and 
        budgets of Federal departments and agencies engaged in 
        drug enforcement, and changes in the allocation of 
        personnel to and within those departments and agencies, 
        to implement the policies, goals, priorities, and 
        objectives established under paragraph (1) and the 
        National Drug Control Strategy;
            (5) shall consult with and assist State and local 
        governments with respect to the formulation and 
        implementation of National Drug Control Policy and 
        their relations with the National Drug Control Program 
        agencies;
            (6) shall appear before duly constituted committees 
        and subcommittees of the House of Representatives and 
        of the Senate to represent the drug policies of the 
        executive branch;
            (7) shall notify any National Drug Control Program 
        agency if its policies are not in compliance with the 
        responsibilities of the agency under the National Drug 
        Control Strategy, transmit a copy of each such 
        notification to the President, and maintain a copy of 
        each such notification;
            (8) shall provide, by July 1 of each year, budget 
        recommendations, including requests for specific 
        initiatives that are consistent with the priorities of 
        the President under the National Drug Control Strategy, 
        to the heads of departments and agencies with 
        responsibilities under the National Drug Control 
        Program, which recommendations shall--
                    (A) apply to the next budget year scheduled 
                for formulation under the Budget and Accounting 
                Act of 1921, and each of the 4 subsequent 
                fiscal years; and
                    (B) address funding priorities developed in 
                the National Drug Control Strategy;
            (9) may serve as representative of the President in 
        appearing before Congress on all issues relating to the 
        National Drug Control Program;
            (10) shall, in any matter affecting national 
        security interests, work in conjunction with the 
        Assistant to the President for National Security 
        Affairs;
            (11) may serve as spokesperson of the 
        Administration on drug issues;
            (12) shall ensure that no Federal funds 
        appropriated to the Office of National Drug Control 
        Policy shall be expended for any study or contract 
        relating to the legalization (for a medical use or any 
        other use) of a substance listed in schedule I of 
        section 202 of the Controlled Substances Act (21 U.S.C. 
        812) and take such actions as necessary to oppose any 
        attempt to legalize the use of a substance (in any 
        form) that--
                    (A) is listed in schedule I of section 202 
                of the Controlled Substances Act (21 U.S.C. 
                812); and
                    (B) has not been approved for use for 
                medical purposes by the Food and Drug 
                Administration;
            (13) shall require each National Drug Control 
        Program agency to submit to the Director on an annual 
        basis (beginning in 1999) an evaluation of progress by 
        the agency with respect to drug control program goals 
        using the performance measures for the agency developed 
        under section 706(c), including progress with respect 
        to--
                    (A) success in reducing domestic and 
                foreign sources of illegal drugs;
                    (B) success in protecting the borders of 
                the United States (and in particular the 
                Southwestern border of the United States) from 
                penetration by illegal narcotics;
                    (C) success in reducing violent crime 
                associated with drug use in the United States;
                    (D) success in reducing the negative health 
                and social consequences of drug use in the 
                United States; and
                    (E) implementation of drug treatment and 
                prevention programs in the United States and 
                improvements in the adequacy and effectiveness 
                of such programs;
            (14) shall submit to the Appropriations committees 
        and the authorizing committees of jurisdiction of the 
        House of Representatives and the Senate on an annual 
        basis, not later than 60 days after the date of the 
        last day of the applicable period, a summary of--
                    (A) each of the evaluations received by the 
                Director under paragraph (13); and
                    (B) the progress of each National Drug 
                Control Program agency toward the drug control 
                program goals of the agency using the 
                performance measures for the agency developed 
                under section 706(c); and
            (15) shall ensure that drug prevention and drug 
        treatment research and information is effectively 
        disseminated by National Drug Control Program agencies 
        to State and local governments and nongovernmental 
        entities involved in demand reduction by--
                    (A) encouraging formal consultation between 
                any such agency that conducts or sponsors 
                research, and any such agency that disseminates 
                information in developing research and 
                information product development agendas;
                    (B) encouraging such agencies (as 
                appropriate) to develop and implement 
                dissemination plans that specifically target 
                State and local governments and nongovernmental 
                entities involved in demand reduction; and
                    (C) developing a single interagency 
                clearinghouse for the dissemination of research 
                and information by such agencies to State and 
                local governments and nongovernmental agencies 
                involved in demand reduction.
    (c) National Drug Control Program Budget.--
            (1) Responsibilities of national drug control 
        program agencies.--
                    (A) In general.--For each fiscal year, the 
                head of each department, agency, or program of 
                the Federal Government with responsibilities 
                under the National Drug Control Program 
                Strategy shall transmit to the Director a copy 
                of the proposed drug control budget request of 
                the department, agency, or program at the same 
                time as that budget request is submitted to 
                their superiors (and before submission to the 
                Office of Management and Budget) in the 
                preparation of the budget of the President 
                submitted to Congress under section 1105(a) of 
                title 31, United States Code.
                    (B) Submission of drug control budget 
                requests.--The head of each National Drug 
                Control Program agency shall ensure timely 
                development and submission to the Director of 
                each proposed drug control budget request 
                transmitted pursuant to this paragraph, in such 
                format as may be designated by the Director 
                with the concurrence of the Director of the 
                Office of Management and Budget.
            (2) National drug control program budget 
        proposal.--For each fiscal year, following the 
        transmission of proposed drug control budget requests 
        to the Director under paragraph (1), the Director 
        shall, in consultation with the head of each National 
        Drug Control Program agency--
                    (A) develop a consolidated National Drug 
                Control Program budget proposal designed to 
                implement the National Drug Control Strategy;
                    (B) submit the consolidated budget proposal 
                to the President; and
                    (C) after submission under subparagraph 
                (B), submit the consolidated budget proposal to 
                Congress.
            (3) Review and certification of budget requests and 
        budget submissions of national drug control program 
        agencies.--
                    (A) In general.--The Director shall review 
                each drug control budget request submitted to 
                the Director under paragraph (1).
                    (B) Review of budget requests.--
                            (i) Inadequate requests.--If the 
                        Director concludes that a budget 
                        request submitted under paragraph (1) 
                        is inadequate, in whole or in part, to 
                        implement the objectives of the 
                        National Drug Control Strategy with 
                        respect to the department, agency, or 
                        program at issue for the year for which 
                        the request is submitted, the Director 
                        shall submit to the head of the 
                        applicable National Drug Control 
                        Program agency a written description of 
                        funding levels and specific initiatives 
                        that would, in the determination of the 
                        Director, make the request adequate to 
                        implement those objectives.
                            (ii) Adequate requests.--If the 
                        Director concludes that a budget 
                        request submitted under paragraph (1) 
                        is adequate to implement the objectives 
                        of the National Drug Control Strategy 
                        with respect to the department, agency, 
                        or program at issue for the year for 
                        which the request is submitted, the 
                        Director shall submit to the head of 
                        the applicable National Drug Control 
                        Program agency a written statement 
                        confirming the adequacy of the request.
                            (iii) Record.--The Director shall 
                        maintain a record of each description 
                        submitted under clause (i) and each 
                        statement submitted under clause (ii).
                    (C) Agency response.--
                            (i) In general.--The head of a 
                        National Drug Control Program agency 
                        that receives a description under 
                        subparagraph (B)(i) shall include the 
                        funding levels and initiatives 
                        described by the Director in the budget 
                        submission for that agency to the 
                        Office of Management and Budget.
                            (ii) Impact statement.--The head of 
                        a National Drug Control Program agency 
                        that has altered its budget submission 
                        under this subparagraph shall include 
                        as an appendix to the budget submission 
                        for that agency to the Office of 
                        Management and Budget an impact 
                        statement that summarizes--
                                    (I) the changes made to the 
                                budget under this subparagraph; 
                                and
                                    (II) the impact of those 
                                changes on the ability of that 
                                agency to perform its other 
                                responsibilities, including any 
                                impact on specific missions or 
                                programs of the agency.
                            (iii) Congressional notification.--
                        The head of a National Drug Control 
                        Program agency shall submit a copy of 
                        any impact statement under clause (ii) 
                        to the Senate and the House of 
                        Representatives at the time the budget 
                        for that agency is submitted to 
                        Congress under section 1105(a) of title 
                        31, United States Code.
                    (D) Certification of budget submissions.--
                            (i) In general.--At the time a 
                        National Drug Control Program agency 
                        submits its budget request to the 
                        Office of Management and Budget, the 
                        head of the National Drug Control 
                        Program agency shall submit a copy of 
                        the budget request to the Director.
                            (ii) Certification.--The Director--
                                    (I) shall review each 
                                budget submission submitted 
                                under clause (i); and
                                    (II) based on the review 
                                under subclause (I), if the 
                                Director concludes that the 
                                budget submission of a National 
                                Drug Control Program agency 
                                does not include the funding 
                                levels and initiatives 
                                described under subparagraph 
                                (B)--
                                            (aa) may issue a 
                                        written decertification 
                                        of that agency's 
                                        budget; and
                                            (bb) in the case of 
                                        a decertification 
                                        issued under item (aa), 
                                        shall submit to the 
                                        Senate and the House of 
                                        Representatives a copy 
                                        of--
                                                    (aaa) the 
                                                decertification 
                                                issued under 
                                                item (aa);
                                                    (bbb) the 
                                                description 
                                                made under 
                                                subparagraph 
                                                (B); and
                                                    (ccc) the 
                                                budget 
                                                recommendations 
                                                made under 
                                                subsection 
                                                (b)(8).
            (4) Reprogramming and transfer requests.--
                    (A) In general.--No National Drug Control 
                Program agency shall submit to Congress a 
                reprogramming or transfer request with respect 
                to any amount of appropriated funds in an 
                amount exceeding $5,000,000 that is included in 
                the National Drug Control Program budget unless 
                the request has been approved by the Director.
                    (B) Appeal.--The head of any National Drug 
                Control Program agency may appeal to the 
                President any disapproval by the Director of a 
                reprogramming or transfer request under this 
                paragraph.
    (d) Powers of the Director.--In carrying out subsection 
(b), the Director may--
            (1) select, appoint, employ, and fix compensation 
        of such officers and employees of the Office as may be 
        necessary to carry out the functions of the Office 
        under this title;
            (2) subject to subsection (e)(3), request the head 
        of a department or agency, or program of the Federal 
        Government to place department, agency, or program 
        personnel who are engaged in drug control activities on 
        temporary detail to another department, agency, or 
        program in order to implement the National Drug Control 
        Strategy, and the head of the department or agency 
        shall comply with such a request;
            (3) use for administrative purposes, on a 
        reimbursable basis, the available services, equipment, 
        personnel, and facilities of Federal, State, and local 
        agencies;
            (4) procure the services of experts and consultants 
        in accordance with section 3109 of title 5, United 
        States Code, relating to appointments in the Federal 
        Service, at rates of compensation for individuals not 
        to exceed the daily equivalent of the rate of pay 
        payable under level IV of the Executive Schedule under 
        section 5311 of title 5, United States Code;
            (5) accept and use gifts and donations of property 
        from Federal, State, and local government agencies, and 
        from the private sector, as authorized in section 
        703(d);
            (6) use the mails in the same manner as any other 
        department or agency of the executive branch;
            (7) monitor implementation of the National Drug 
        Control Program, including--
                    (A) conducting program and performance 
                audits and evaluations; and
                    (B) requesting assistance from the 
                Inspector General of the relevant agency in 
                such audits and evaluations;
            (8) transfer funds made available to a National 
        Drug Control Program agency for National Drug Control 
        Strategy programs and activities to another account 
        within such agency or to another National Drug Control 
        Program agency for National Drug Control Strategy 
        programs and activities, except that--
                    (A) the authority under this paragraph may 
                be limited in an annual appropriations Act or 
                other provision of Federal law;
                    (B) the Director may exercise the authority 
                under this paragraph only with the concurrence 
                of the head of each affected agency;
                    (C) in the case of an interagency transfer, 
                the total amount of transfers under this 
                paragraph may not exceed 3 percent of the total 
                amount of funds made available for National 
                Drug Control Strategy programs and activities 
                to the agency from which those funds are to be 
                transferred;
                    (D) funds transferred to an agency under 
                this paragraph may only be used to increase the 
                funding for programs or activities have been 
                authorized by Congress; and
                    (E) the Director shall--
                            (i) submit to Congress, including 
                        to the Committees on Appropriations of 
                        the Senate and the House of 
                        Representatives, the authorizing 
                        committees for the Office, and any 
                        other applicable committees of 
                        jurisdiction, a reprogramming or 
                        transfer request in advance of any 
                        transfer under this paragraph in 
                        accordance with the regulations of the 
                        affected agency or agencies; and
                            (ii) annually submit to Congress a 
                        report describing the effect of all 
                        transfers of funds made pursuant to 
                        this paragraph or subsection (c)(4) 
                        during the 12-month period preceding 
                        the date on which the report is 
                        submitted;
            (9) issue to the head of a National Drug Control 
        Program agency a fund control notice described in 
        subsection (f) to ensure compliance with the National 
        Drug Control Program Strategy; and
            (10) participate in the drug certification process 
        pursuant to section 490 of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2291j).
    (e) Personnel Detailed to Office.--
            (1) Evaluations.--Notwithstanding any provision of 
        chapter 43 of title 5, United States Code, the Director 
        shall perform the evaluation of the performance of any 
        employee detailed to the Office for purposes of the 
        applicable performance appraisal system established 
        under such chapter for any rating period, or part 
        thereof, that such employee is detailed to such office.
            (2) Compensation.--
                    (A) Bonus payments.--Notwithstanding any 
                other provision of law, the Director may 
                provide periodic bonus payments to any employee 
                detailed to the Office.
                    (B) Restrictions.--An amount paid under 
                this paragraph to an employee for any period--
                            (i) shall not be greater than 20 
                        percent of the basic pay paid or 
                        payable to such employee for such 
                        period; and
                            (ii) shall be in addition to the 
                        basic pay of such employee.
                    (C) Aggregate amount.--The aggregate amount 
                paid during any fiscal year to an employee 
                detailed to the Office as basic pay, awards, 
                bonuses, and other compensation shall not 
                exceed the annual rate payable at the end of 
                such fiscal year for positions at level III of 
                the Executive Schedule.
            (3) Maximum number of detailees.--The maximum 
        number of personnel who may be detailed to another 
        department or agency (including the Office) under 
        subsection (d)(2) during any fiscal year is--
                    (A) for the Department of Defense, 50; and
                    (B) for any other department or agency, 10.
    (f) Fund Control Notices.--
            (1) In general.--A fund control notice may direct 
        that all or part of an amount appropriated to the 
        National Drug Control Program agency account be 
        obligated by--
                    (A) months, fiscal year quarters, or other 
                time periods; and
                    (B) activities, functions, projects, or 
                object classes.
            (2) Unauthorized obligation or expenditure 
        prohibited.--An officer or employee of a National Drug 
        Control Program agency shall not make or authorize an 
        expenditure or obligation contrary to a fund control 
        notice issued by the Director.
            (3) Disciplinary action for violation.--In the case 
        of a violation of paragraph (2) by an officer or 
        employee of a National Drug Control Program agency, the 
        head of the agency, upon the request of and in 
        consultation with the Director, may subject the officer 
        or employee to appropriate administrative discipline, 
        including, when circumstances warrant, suspension from 
        duty without pay or removal from office.
    (g) Inapplicability to Certain Programs.--The provisions of 
this section shall not apply to the National Foreign 
Intelligence Program, the Joint Military Intelligence Program 
and Tactical Intelligence and Related Activities unless the 
agency that carries out such program is designated as a 
National Drug Control Program agency by the President or 
jointly by the Director and the head of the agency.
    (h) Construction.--Nothing in this Act shall be construed 
as derogating the authorities and responsibilities of the 
Director of Central Intelligence contained in sections 104 and 
504 of the National Security Act of 1947 or any other law.

SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN 
                    DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND 
                    LOCAL AFFAIRS.

    (a) Access to Information.--
            (1) In general.--Upon the request of the Director, 
        the head of any National Drug Control Program agency 
        shall cooperate with and provide to the Director any 
        statistics, studies, reports, and other information 
        prepared or collected by the agency concerning the 
        responsibilities of the agency under the National Drug 
        Control Strategy that relate to--
                    (A) drug abuse control; or
                    (B) the manner in which amounts made 
                available to that agency for drug control are 
                being used by that agency.
            (2) Protection of intelligence information.--
                    (A) In general.--The authorities conferred 
                on the Office and the Director by this title 
                shall be exercised in a manner consistent with 
                provisions of the National Security Act of 1947 
                (50 U.S.C. 401 et seq.). The Director of 
                Central Intelligence shall prescribe such 
                regulations as may be necessary to protect 
                information provided pursuant to this title 
                regarding intelligence sources and methods.
                    (B) Duties of director.--The Director of 
                Central Intelligence shall, to the maximum 
                extent practicable in accordance with 
                subparagraph (A), render full assistance and 
                support to the Office and the Director.
            (3) Illegal drug cultivation.--The Secretary of 
        Agriculture shall annually submit to the Director an 
        assessment of the acreage of illegal drug cultivation 
        in the United States.
    (b) Certification of Policy Changes to Director.--
            (1) In general.--Subject to paragraph (2), the head 
        of a National Drug Control Program agency shall, unless 
        exigent circumstances require otherwise, notify the 
        Director in writing regarding any proposed change in 
        policies relating to the activities of that agency 
        under the National Drug Control Program prior to 
        implementation of such change. The Director shall 
        promptly review such proposed change and certify to the 
        head of that agency in writing whether such change is 
        consistent with the National Drug Control Strategy.
            (2) Exception.--If prior notice of a proposed 
        change under paragraph (1) is not practicable--
                    (A) the head of the National Drug Control 
                Program agency shall notify the Director of the 
                proposed change as soon as practicable; and
                    (B) upon such notification, the Director 
                shall review the change and certify to the head 
                of that agency in writing whether the change is 
                consistent with the National Drug Control 
                Program.
    (c) General Services Administration.--The Administrator of 
General Services shall provide to the Director, in a 
reimbursable basis, such administrative support services as the 
Director may request.
    (d) Accounting of Funds Expended.--The Director shall--
            (1) require the National Drug Control Program 
        agencies to submit to the Director not later than 
        February 1 of each year a detailed accounting of all 
        funds expended by the agencies for National Drug 
        Control Program activities during the previous fiscal 
        year, and require such accounting to be authenticated 
        by the Inspector General for each agency prior to 
        submission to the Director; and
            (2) submit to Congress not later than April 1 of 
        each year the information submitted to the Director 
        under subparagraph (A).

SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
                    NATIONAL DRUG CONTROL STRATEGY.

    (a) Timing, Contents, and Process for Development and 
Submission of National Drug Control Strategy.--
            (1) Timing.--Not later than February 1, 1999, the 
        President shall submit to Congress a National Drug 
        Control Strategy, which shall set forth a comprehensive 
        plan, covering a period of not more than 5 years, for 
        reducing drug abuse and the consequences of drug abuse 
        in the United States, by limiting the availability of 
        and reducing the demand for illegal drugs.
            (2) Contents.--
                    (A) In general.--The National Drug Control 
                Strategy submitted under paragraph (1) shall 
                include--
                            (i) comprehensive, research-based, 
                        long-range, quantifiable, goals for 
                        reducing drug abuse and the 
                        consequences of drug abuse in the 
                        United States;
                            (ii) annual, quantifiable, and 
                        measurable objectives and specific 
                        targets to accomplish long-term 
                        quantifiable goals that the Director 
                        determines may be achieved during each 
                        year of the period beginning on the 
                        date on which the National Drug Control 
                        Strategy is submitted;
                            (iii) 5-year projections for 
                        program and budget priorities; and
                            (iv) a review of international, 
                        State, local, and private sector drug 
                        control activities to ensure that the 
                        United States pursues well-coordinated 
                        and effective drug control at all 
                        levels of government.
                    (B) Classified information.--Any contents 
                of the National Drug Control Strategy that 
                involves information properly classified under 
                criteria established by an Executive order 
                shall be presented to Congress separately from 
                the rest of the National Drug Control Strategy.
            (3) Process for development and submission.--
                    (A) Consultation.--In developing and 
                effectively implementing the National Drug 
                Control Strategy, the Director--
                            (i) shall consult with--
                                    (I) the heads of the 
                                National Drug Control Program 
                                agencies;
                                    (II) Congress;
                                    (III) State and local 
                                officials;
                                    (IV) private citizens and 
                                organizations with experience 
                                and expertise in demand 
                                reduction;
                                    (V) private citizens and 
                                organizations with experience 
                                and expertise in supply 
                                reduction; and
                                    (VI) appropriate 
                                representatives of foreign 
                                governments;
                            (ii) with the concurrence of the 
                        Attorney General, may require the El 
                        Paso Intelligence Center to undertake 
                        specific tasks or projects to implement 
                        the National Drug Control Strategy; and
                            (iii) with the concurrence of the 
                        Director of Central Intelligence and 
                        the Attorney General, may request that 
                        the National Drug Intelligence Center 
                        undertake specific tasks or projects to 
                        implement the National Drug Control 
                        Strategy.
                    (B) Inclusion in strategy.--The National 
                Drug Control Strategy under this subsection, 
                and each report submitted under subsection (b), 
                shall include a list of each entity consulted 
                under subparagraph (A)(i).
            (4) Specific targets.--The targets in the National 
        Drug Control Strategy shall include the following:
                    (A) Reduction of unlawful drug use to 3 
                percent of the population of the United States 
                or less by December 31, 2003 (as measured in 
                terms of overall illicit drug use during the 
                past 30 days by the National Household Survey), 
                and achievement of at least 20 percent of such 
                reduction during each of 1999, 2000, 2001, 
                2002, and 2003.
                    (B) Reduction of adolescent unlawful drug 
                use (as measured in terms of illicit drug use 
                during the past 30 days by the Monitoring the 
                Future Survey of the University of Michigan or 
                the National PRIDE Survey conducted by the 
                National Parents' Resource Institute for Drug 
                Education) to 3 percent of the adolescent 
                population of the United States or less by 
                December 31, 2003, and achievement of at least 
                20 percent of such reduction during each of 
                1999, 2000, 2001, 2002, and 2003st.
                    (C) Reduction of the availability of 
                cocaine, heroin, marijuana, and methamphetamine 
                in the United States by 80 percent by December 
                31, 2003.
                    (D) Reduction of the respective nationwide 
                average street purity levels for cocaine, 
                heroin, marijuana, and methamphetamine (as 
                estimated by the interagency drug flows 
                assessment led by the Office of National Drug 
                Control Policy, and based on statistics 
                collected by the Drug Enforcement 
                Administration and other National Drug Control 
                Program agencies identified as relevant by the 
                Director) by 60 percent by December 31, 2003, 
                and achievement of at least 20 percent of each 
                such reduction during each of 1999, 2000, 2001, 
                2002, and 2003.
                    (E) Reduction of drug-related crime in the 
                United States by 50 percent by December 31, 
                2003, and achievement of at least 20 percent of 
                such reduction during each of 1999, 2000, 2001, 
                2002, and 2003, including--
                            (i) reduction of State and Federal 
                        unlawful drug trafficking and 
                        distribution;
                            (ii) reduction of State and Federal 
                        crimes committed by persons under the 
                        influence of unlawful drugs;
                            (iii) reduction of State and 
                        Federal crimes committed for the 
                        purpose of obtaining unlawful drugs or 
                        obtaining property that is intended to 
                        be used for the purchase of unlawful 
                        drugs; and
                            (iv) reduction of drug-related 
                        emergency room incidents in the United 
                        States (as measured by data of the Drug 
                        Abuse Warning Network on illicit drug 
                        abuse), including incidents involving 
                        gunshot wounds and automobile accidents 
                        in which illicit drugs are identified 
                        in the bloodstream of the victim, by 50 
                        percent by December 31, 2003.
            (5) Further reductions in drug use, availability, 
        and crime.--Following the submission of a National Drug 
        Control Strategy under this section to achieve the 
        specific targets described in paragraph (4), the 
        Director may formulate a strategy for additional 
        reductions in drug use and availability and drug-
        related crime beyond the 5-year period covered by the 
        National Drug Control Strategy that has been submitted.
    (b) Annual Strategy Report.--
            (1) In general.--Not later than February 1, 1999, 
        and on February 1 of each year thereafter, the 
        President shall submit to Congress a report on the 
        progress in implementing the Strategy under subsection 
        (a), which shall include--
                    (A) an assessment of the Federal 
                effectiveness in achieving the National Drug 
                Control Strategy goals and objectives using the 
                performance measurement system described in 
                subsection (c), including--
                            (i) an assessment of drug use and 
                        availability in the United States; and
                            (ii) an estimate of the 
                        effectiveness of interdiction, 
                        treatment, prevention, law enforcement, 
                        and international programs under the 
                        National Drug Control Strategy in 
                        effect during the preceding year, or in 
                        effect as of the date on which the 
                        report is submitted;
                    (B) any modifications of the National Drug 
                Control Strategy or the performance measurement 
                system described in subsection (c);
                    (C) an assessment of the manner in which 
                the budget proposal submitted under section 
                704(c) is intended to implement the National 
                Drug Control Strategy and whether the funding 
                levels contained in such proposal are 
                sufficient to implement such Strategy;
                    (D) measurable data evaluating the success 
                or failure in achieving the annual measurable 
                objectives described in subsection 
                (a)(2)(A)(ii);
                    (E) an assessment of current drug use 
                (including inhalants) and availability, impact 
                of drug use, and treatment availability, which 
                assessment shall include--
                            (i) estimates of drug prevalence 
                        and frequency of use as measured by 
                        national, State, and local surveys of 
                        illicit drug use and by other special 
                        studies of--
                                    (I) casual and chronic drug 
                                use;
                                    (II) high-risk populations, 
                                including school dropouts, the 
                                homeless and transient, 
                                arrestees, parolees, 
                                probationers, and juvenile 
                                delinquents; and
                                    (III) drug use in the 
                                workplace and the productivity 
                                lost by such use;
                            (ii) an assessment of the reduction 
                        of drug availability against an 
                        ascertained baseline, as measured by--
                                    (I) the quantities of 
                                cocaine, heroin, marijuana, 
                                methamphetamine, and other 
                                drugs available for consumption 
                                in the United States;
                                    (II) the amount of 
                                marijuana, cocaine, heroin, and 
                                precursor chemicals entering 
                                the United States;
                                    (III) the number of 
                                hectares of marijuana, poppy, 
                                and coca cultivated and 
                                destroyed domestically and in 
                                other countries;
                                    (IV) the number of metric 
                                tons of marijuana, heroin, 
                                cocaine, and methamphetamine 
                                seized;
                                    (V) the number of cocaine 
                                and methamphetamine processing 
                                laboratories destroyed 
                                domestically and in other 
                                countries;
                                    (VI) changes in the price 
                                and purity of heroin and 
                                cocaine, changes in the price 
                                of methamphetamine, and changes 
                                in tetrahydrocannabinol level 
                                of marijuana;
                                    (VII) the amount and type 
                                of controlled substances 
                                diverted from legitimate retail 
                                and wholesale sources; and
                                    (VIII) the effectiveness of 
                                Federal technology programs at 
                                improving drug detection 
                                capabilities in interdiction, 
                                and at United States ports of 
                                entry;
                            (iii) an assessment of the 
                        reduction of the consequences of drug 
                        use and availability, which shall 
                        include estimation of--
                                    (I) the burden drug users 
                                placed on hospital emergency 
                                departments in the United 
                                States, such as the quantity of 
                                drug-related services provided;
                                    (II) the annual national 
                                health care costs of drug use, 
                                including costs associated with 
                                people becoming infected with 
                                the human immunodeficiency 
                                virus and other infectious 
                                diseases as a result of drug 
                                use;
                                    (III) the extent of drug-
                                related crime and criminal 
                                activity; and
                                    (IV) the contribution of 
                                drugs to the underground 
                                economy, as measured by the 
                                retail value of drugs sold in 
                                the United States;
                            (iv) a determination of the status 
                        of drug treatment in the United States, 
                        by assessing--
                                    (I) public and private 
                                treatment capacity within each 
                                State, including information on 
                                the treatment capacity 
                                available in relation to the 
                                capacity actually used;
                                    (II) the extent, within 
                                each State, to which treatment 
                                is available;
                                    (III) the number of drug 
                                users the Director estimates 
                                could benefit from treatment; 
                                and
                                    (IV) the specific factors 
                                that restrict the availability 
                                of treatment services to those 
                                seeking it and proposed 
                                administrative or legislative 
                                remedies to make treatment 
                                available to those individuals; 
                                and
                            (v) a review of the research agenda 
                        of the Counter-Drug Technology 
                        Assessment Center to reduce the 
                        availability and abuse of drugs; and
                    (F) an assessment of private sector 
                initiatives and cooperative efforts between the 
                Federal Government and State and local 
                governments for drug control.
            (2) Submission of revised strategy.--The President 
        may submit to Congress a revised National Drug Control 
        Strategy that meets the requirements of this section--
                    (A) at any time, upon a determination by 
                the President, in consultation with the 
                Director, that the National Drug Control 
                Strategy in effect is not sufficiently 
                effective; and
                    (B) if a new President or Director takes 
                office.
            (3) 1999 strategy report.--With respect to the 
        Strategy report required to be submitted by this 
        subsection on February 1, 1999, the President shall 
        prepare the report using such information as is 
        available for the period covered by the report.
    (c) Performance Measurement System.--
            (1) Sense of congress.--It is the sense of Congress 
        that--
                    (A) the targets described in subsection (a) 
                are important to the reduction of overall drug 
                use in the United States;
                    (B) the President should seek to achieve 
                those targets during the 5 years covered by the 
                National Drug Control Strategy required to be 
                submitted under subsection (a);
                    (C) the purpose of such targets and the 
                annual reports to Congress on the progress 
                towards achieving the targets is to allow for 
                the annual restructuring of appropriations by 
                the Appropriations Committees and authorizing 
                committees of jurisdiction of Congress to meet 
                the goals described in this Act;
                    (D) the performance measurement system 
                developed by the Director described in this 
                subsection is central to the National Drug 
                Control Program targets, programs, and budget; 
                and
                    (E) the Congress strongly endorses the 
                performance measurement system for establishing 
                clear outcomes for reducing drug use nationwide 
                during the next five years, and the linkage of 
                this system to all agency drug control programs 
                and budgets receiving funds scored as drug 
                control agency funding.
            (2) Submission to congress.--Not later than 
        February 1, 1999, the Director shall submit to Congress 
        a description of the national drug control performance 
        measurement system, designed in consultation with 
        affected National Drug Control Program agencies, that--
                    (A) develops performance objectives, 
                measures, and targets for each National Drug 
                Control Strategy goal and objective;
                    (B) revises performance objectives, 
                measures, and targets, to conform with National 
                Drug Control Program Agency budgets;
                    (C) identifies major programs and 
                activities of the National Drug Control Program 
                agencies that support the goals and objectives 
                of the National Drug Control Strategy;
                    (D) evaluates in detail the implementation 
                by each National Drug Control Program agency of 
                program activities supporting the National Drug 
                Control Strategy;
                    (E) monitors consistency between the drug-
                related goals and objectives of the National 
                Drug Control Program agencies andensures that 
drug control agency goals and budgets support and are fully consistent 
with the National Drug Control Strategy; and
                    (F) coordinates the development and 
                implementation of national drug control data 
                collection and reporting systems to support 
                policy formulation and performance measurement, 
                including an assessment of--
                            (i) the quality of current drug use 
                        measurement instruments and techniques 
                        to measure supply reduction and demand 
                        reduction activities;
                            (ii) the adequacy of the coverage 
                        of existing national drug use 
                        measurement instruments and techniques 
                        to measure the casual drug user 
                        population and groups that are at risk 
                        for drug use; and
                            (iii) the actions the Director 
                        shall take to correct any deficiencies 
                        and limitations identified pursuant to 
                        subparagraphs (A) and (B) of subsection 
                        (b)(4).
            (3) Modifications.--A description of any 
        modifications made during the preceding year to the 
        national drug control performance measurement system 
        described in paragraph (2) shall be included in each 
        report submitted under subsection (b).

SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

    (a) Establishment.--There is established in the Office a 
program to be known as the High Intensity Drug Trafficking 
Areas Program.
    (b) Designation.--The Director, upon consultation with the 
Attorney General, the Secretary of the Treasury, heads of the 
National Drug Control Program agencies, and the Governor of 
each applicable State, may designate any specified area of the 
United States as a high intensity drug trafficking area. After 
making such a designation and in order to provide Federal 
assistance to the area so designated, the Director may--
            (1) obligate such sums as appropriated for the High 
        Intensity Drug Trafficking Areas Program;
            (2) direct the temporary reassignment of Federal 
        personnel to such area, subject to the approval of the 
        head of the department or agency that employs such 
        personnel;
            (3) take any other action authorized under section 
        704 to provide increased Federal assistance to those 
        areas;
            (4) coordinate activities under this subsection 
        (specifically administrative, recordkeeping, and funds 
        management activities) with State and local officials.
    (c) Factors for Consideration.--In considering whether to 
designate an area under this section as a high intensity drug 
trafficking area, the Director shall consider, in addition to 
such other criteria as the Director considers to be 
appropriate, the extent to which--
            (1) the area is a center of illegal drug 
        production, manufacturing, importation, or 
        distribution;
            (2) State and local law enforcement agencies have 
        committed resources to respond to the drug trafficking 
        problem in the area, thereby indicating a determination 
        to respond aggressively to the problem;
            (3) drug-related activities in the area are having 
        a harmful impact in other areas of the country; and
            (4) a significant increase in allocation of Federal 
        resources is necessary to respond adequately to drug-
        related activities in the area.
    (d) Use of Funds.--The Director shall ensure that no 
Federal funds appropriated for the High Intensity Drug 
Trafficking Program are expended for the establishment or 
expansion of drug treatment programs.

SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

    (a) Establishment.--There is established within the Office 
the Counter-Drug Technology Assessment Center (referred to in 
this section as the ``Center''). The Center shall operate under 
the authority of the Director of National Drug Control Policy 
and shall serve as the central counter-drug technology research 
and development organization of the United States Government.
    (b) Director of Technology.--There shall be at the head of 
the Center the Director of Technology, who shall be appointed 
by the Director of National Drug Control Policy from among 
individuals qualified and distinguished in the area of science, 
medicine, engineering, or technology.
    (c) Additional Responsibilities of the Director of National 
Drug Control Policy.--
            (1) In general.--The Director, acting through the 
        Director of Technology shall--
                    (A) identify and define the short-, medium-
                , and long-term scientific and technological 
                needs of Federal, State, and local drug supply 
                reduction agencies, including--
                            (i) advanced surveillance, 
                        tracking, and radar imaging;
                            (ii) electronic support measures;
                            (iii) communications;
                            (iv) data fusion, advanced computer 
                        systems, and artificial intelligence; 
                        and
                            (v) chemical, biological, 
                        radiological (including neutron, 
                        electron, and graviton), and other 
                        means of detection;
                    (B) identify demand reduction basic and 
                applied research needs and initiatives, in 
                consultation with affected National Drug 
                Control Program agencies, including--
                            (i) improving treatment through 
                        neuroscientific advances;
                            (ii) improving the transfer of 
                        biomedical research to the clinical 
                        setting; and
                            (iii) in consultation with the 
                        National Institute on Drug Abuse, and 
                        through interagency agreements or 
                        grants, examining addiction and 
                        rehabilitation research and the 
                        application of technology to expanding 
                        the effectiveness or availability of 
                        drug treatment;
                    (C) make a priority ranking of such needs 
                identified in subparagraphs (A) and (B) 
                according to fiscal and technological 
                feasibility, as part of a National Counter-Drug 
                Enforcement Research and Development Program;
                    (D) oversee and coordinate counter-drug 
                technology initiatives with related activities 
                of other Federal civilian and military 
                departments;
                    (E) provide support to the development and 
                implementation of the national drug control 
                performance measurement system; and
                    (F) pursuant to the authority of the 
                Director of National Drug Control Policy under 
                section 704, submit requests to Congress for 
                the reprogramming or transfer of funds 
                appropriated for counter-drug technology 
                research and development.
            (2) Limitation on authority.--The authority granted 
        to the Director under this subsection shall not extend 
        to the award of contracts, management of individual 
        projects, or other operational activities.
    (d) Assistance and Support to Office of National Drug 
Control Policy.--The Secretary of Defense and the Secretary of 
Health and Human Services shall, to the maximum extent 
practicable, render assistance and support to the Office and to 
the Director in the conduct of counter-drug technology 
assessment.

SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.

    (a) Establishment.--There is established a council to be 
known as the President's Council on Counter-Narcotics (referred 
to in this section as the ``Council'').
    (b) Membership.--
            (1) In general.--Subject to paragraph (2), the 
        Council shall be composed of 18 members, of whom--
                    (A) 1 shall be the President, who shall 
                serve as Chairman of the Council;
                    (B) 1 shall be the Vice President;
                    (C) 1 shall be the Secretary of State;
                    (D) 1 shall be the Secretary of the 
                Treasury;
                    (E) 1 shall be the Secretary of Defense;
                    (F) 1 shall be the Attorney General;
                    (G) 1 shall be the Secretary of 
                Transportation;
                    (H) 1 shall be the Secretary of Health and 
                Human Services;
                    (I) 1 shall be the Secretary of Education;
                    (J) 1 shall be the Representative of the 
                United States of America to the United Nations;
                    (K) 1 shall be the Director of the Office 
                of Management and Budget;
                    (L) 1 shall be the Chief of Staff to the 
                President;
                    (M) 1 shall be the Director of the Office, 
                who shall serve as the Executive Director of 
                the Council;
                    (N) 1 shall be the Director of Central 
                Intelligence;
                    (O) 1 shall be the Assistant to the 
                President for National Security Affairs;
                    (P) 1 shall be the Counsel to the 
                President;
                    (Q) 1 shall be the Chairman of the Joint 
                Chiefs of Staff; and
                    (R) 1 shall be the National Security 
                Adviser to the Vice President.
            (2) Additional members.--The President may, in the 
        discretion of the President, appoint additional members 
        to the Council.
    (c) Functions.--The Council shall advise and assist the 
President in--
            (1) providing direction and oversight for the 
        national drug control strategy, including relating drug 
        control policy to other national security interests and 
        establishing priorities; and
            (2) ensuring coordination among departments and 
        agencies of the Federal Government concerning 
        implementation of the National Drug Control Strategy.
    (d) Administration.--
            (1) In general.--The Council may utilize 
        established or ad hoc committees, task forces, or 
        interagency groups chaired by the Director (or a 
        representative of the Director) in carrying out the 
        functions of the Council under this section.
            (2) Staff.--The staff of the Office, in 
        coordination with the staffs of the Vice President and 
        the Assistant to the President for National Security 
        Affairs, shall act as staff for the Council.
            (3) Cooperation from other agencies.--Each 
        department and agency of the executive branch shall--
                    (A) cooperate with the Council in carrying 
                out the functions of the Council under this 
                section; and
                    (B) provide such assistance, information, 
                and advice as the Council may request, to the 
                extent permitted by law.

SEC. 710. PARENTS ADVISORY COUNCIL ON YOUTH DRUG ABUSE.

    (a) In General.--
            (1) Establishment.--There is established a Council 
        to be known as the Parents Advisory Council on Youth 
        Drug Abuse (referred to in this section as the 
        ``Council'').
            (2) Membership.--
                    (A) Composition.--The Council shall be 
                composed of 16 members, of whom--
                            (i) 4 shall be appointed by the 
                        President, each of whom shall be a 
                        parent or guardian of a child who is 
                        not less than 6 and not more than 18 
                        years of age as of the date on which 
                        the appointment is made;
                            (ii) 4 shall be appointed by the 
                        Majority Leader of the Senate, 3 of 
                        whom shall be a parent or guardian of a 
                        child who is not less than 6 and not 
                        more than 18 years of age as of the 
                        date on which the appointment is made;
                            (iii) 2 shall be appointed by the 
                        Minority Leader of the Senate, each of 
                        whom shall be a parent or guardian of a 
                        child who is not less than 6 and not 
                        more than 18 years of age as of the 
                        date on which the appointment is made;
                            (iv) 4 shall be appointed by the 
                        Speaker of the House of 
                        Representatives, 3 of whom shall be a 
                        parent or guardian of a child who is 
                        not less than 6 and not more than 18 
                        years of age as of the date on which 
                        the appointment is made; and
                            (v) 2 shall be appointed by the 
                        Minority Leader of the House of 
                        Representatives, each of whom shall be 
                        a parent or guardian of a child who is 
                        not less than 6 and not more than 18 
                        years of age as of the date on which 
                        the appointment is made.
                    (B) Requirements.--
                            (i) In general.--Each member of the 
                        Council shall be an individual from the 
                        private sector with a demonstrated 
                        interest and expertise in research, 
                        education, treatment, or prevention 
                        activities related to youth drug abuse.
                            (ii) Representatives of nonprofit 
                        organizations.--Not less than 1 member 
                        appointed under each of clauses (i) 
                        through (v) of paragraph (2)(A) shall 
                        be a representative of a nonprofit 
                        organization focused on involving 
                        parents in antidrug education and 
                        prevention.
                    (C) Date.--The appointments of the initial 
                members of the Council shall be made not later 
                than 60 days after the date of enactment of 
                this section.
                    (D) Executive director.--The Director shall 
                appoint the Executive Director of the Council, 
                who shall be an employee of the Office of 
                National Drug Control Policy.
            (3) Period of appointment; vacancies.--
                    (A) Period of appointment.--Each member of 
                the Council shall be appointed for a term of 3 
                years, except that, of the initial members of 
                the Council--
                            (i) 1 member appointed under each 
                        of clauses (i) through (v) of paragraph 
                        (2)(A) shall be appointed for a term of 
                        1 year; and
                            (ii) 1 member appointed under each 
                        of clauses (i) through (v) of paragraph 
                        (2)(A) shall be appointed for a term of 
                        2 years.
                    (B) Vacancies.--Any vacancy in the Council 
                shall not affect its powers, provided that a 
                quorum is present, but shall be filled in the 
                same manner as the original appointment. Any 
                member appointed to fill a vacancy occurring 
                before the expiration of the term for which the 
                member's predecessor was appointed shall be 
                appointed only for the remainder of that term.
                    (C) Appointment of successor.--To the 
                extent necessary to prevent a vacancy in the 
                membership of the Council, a member of the 
                Council may serve for not more than 6 months 
                after the expiration of the term of that 
                member, if the successor of that member has not 
                been appointed.
            (4) Initial meeting.--Not later than 120 days after 
        the date on which all initial members of the Council 
        have been appointed, the Council shall hold its first 
        meeting.
            (5) Meetings.--The Council shall meet at the call 
        of the Chairperson.
            (6) Quorum.--Nine members of the Council shall 
        constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson and vice chairperson.--
                    (A) In general.--The members of the Council 
                shall select a Chairperson and Vice Chairperson 
                from among the members of the Council.
                    (B) Duties of chairperson.--The Chairperson 
                of the Council shall assign committee duties 
                relating to the Council and direct the 
                Executive Director to convene hearings and 
                conduct other necessary business of the 
                Council.
                    (C) Duties of vice chairperson.--If the 
                Chairperson of the Council is unable to serve, 
                the Vice Chairperson shall serve as the 
                Chairperson.
    (b) Duties of the Council.--
            (1) In general.--The Council--
                    (A) shall advise the Director on drug 
                prevention, education, and treatment and assist 
                the Deputy Director of Demand Reduction in the 
                responsibilities for the coordination of the 
                demand reduction programs of the Federal 
                Government and the analysis and consideration 
                of prevention and treatment alternatives; and
                    (B) may issue reports and recommendations 
                on drug prevention, education, and treatment, 
                in addition to the reports detailed in 
                paragraph (2), as the Council considers 
                appropriate.
            (2) Submission of reports.--Any report or 
        recommendation issued by the Council shall be submitted 
        to the Director and subsequently to Congress.
            (3) Advice on the national drug control strategy.--
        Not later than December 1, 1999, and on December 1 of 
        each year thereafter, the Council shall submit to the 
        Director an annual report containing drug control 
        strategy recommendations on drug prevention, education, 
        and treatment. The Director may include any 
        recommendations submitted under this paragraph in the 
        report submitted by the Director under section 706(b).
    (c) Expenses.--The members of the Council shall be allowed 
travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I 
of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Council.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Council such sums as may be necessary 
to carry out this section.

SEC. 711. DRUG INTERDICTION.

    (a) Definition.--In this section, the term ``Federal drug 
control agency'' means--
            (1) the Office of National Drug Control Policy;
            (2) the Department of Defense;
            (3) the Drug Enforcement Administration;
            (4) the Federal Bureau of Investigation;
            (5) the Immigration and Naturalization Service;
            (6) the United States Coast Guard;
            (7) the United States Customs Service; and
            (8) any other department or agency of the Federal 
        Government that the Director determines to be relevant.
    (b) Report.--In order to assist Congress in determining the 
personnel, equipment, funding, and other resources that would 
be required by Federal drug control agencies in order to 
achieve a level of interdiction success at or above the highest 
level achieved before the date of enactment of this title, not 
later than 90 days after the date of enactment of this Act, the 
Director shall submit to Congress and to each Federal drug 
control program agency a report, which shall include--
            (1) with respect to the southern and western border 
        regions of the United States (including the Pacific 
        coast, the border with Mexico, the Gulf of Mexico 
        coast, and other ports of entry) and in overall totals, 
        data relating to--
                    (A) the amount of marijuana, heroin, 
                methamphetamine, and cocaine--
                            (i) seized during the year of 
                        highest recorded seizures for each drug 
                        in each region and during the year of 
                        highest recorded overall seizures; and
                            (ii) disrupted during the year of 
                        highest recorded disruptions for each 
                        drug in each region and during the year 
                        of highest recorded overall seizures; 
                        and
                    (B) the number of persons arrested for 
                violations of section 1010(a) of the Controlled 
                Substances Import and Export Act (21 U.S.C. 
                960(a)) and related offenses during the year of 
                the highest number of arrests on record for 
                each region and during the year of highest 
                recorded overall arrests;
            (2) the price of cocaine, heroin, methamphetamine, 
        and marijuana during the year of highest price on 
        record during the preceding 10-year period, adjusted 
        for purity where possible; and
            (3) a description of the personnel, equipment, 
        funding, and other resources of the Federal drug 
        control agency devoted to drug interdiction and 
        securing the borders of the United States against drug 
        trafficking for each of the years identified in 
        paragraphs (1) and (2) for each Federal drug control 
        agency.
    (c) Budget Process.--
            (1) Information to director.--Based on the report 
        submitted under subsection (b), each Federal drug 
        control agency shall submit to the Director, at the 
        same time as each annual drug control budget request is 
        submitted by the Federal drug control agency to the 
        Director under section 704(c)(1), a description of the 
        specific personnel, equipment, funding, and other 
        resources that would be required for the Federal drug 
        control agency to meet or exceed the highest level of 
        interdiction success for that agency identified in the 
        report submitted under subsection (b).
            (2) Information to congress.--The Director shall 
        include each submission under paragraph (1) in each 
        annual consolidated National Drug Control Program 
        budget proposal submitted by the Director to Congress 
        under section 704(c)(2), which submission shall be 
        accompanied by a description of any additional 
        resources that would be required by the Federal drug 
        control agencies to meet the highest level of 
        interdiction success identified in the report submitted 
        under subsection (b).

SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

    Section 6073 of the Asset Forfeiture Amendments Act of 1988 
(21 U.S.C. 1509) is amended--
            (1) in subsection (b)--
                    (A) by striking ``section 524(c)(9)'' and 
                inserting ``section 524(c)(8)''; and
                    (B) by striking ``section 9307(g)'' and 
                inserting ``section 9703(g)''; and
            (2) in subsection (e), by striking ``strategy'' and 
        inserting ``Strategy''.

SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Title 5, United States Code.--Chapter 53 of title 5, 
United States Code, is amended--
            (1) in section 5312, by adding at the end the 
        following:
            ``Director of National Drug Control Policy.'';
            (2) in section 5313, by adding at the end the 
        following:
            ``Deputy Director of National Drug Control 
        Policy.''; and
            (3) in section 5314, by adding at the end the 
        following:
            ``Deputy Director for Demand Reduction, Office of 
        National Drug Control Policy.
            ``Deputy Director for Supply Reduction, Office of 
        National Drug Control Policy.
            ``Deputy Director for State and Local Affairs, 
        Office of National Drug Control Policy.''.
    (b) National Security Act of 1947.--Section 101 of the 
National Security Act of 1947 (50 U.S.C. 402) is amended by 
redesignating subsection (f) as subsection (g) and inserting 
after subsection (e) the following:
    ``(f) The Director of National Drug Control Policy may, in 
the role of the Director as principal adviser to the National 
Security Council on national drug control policy, and subject 
to the direction of the President, attend and participate in 
meetings of the National Security Council.''.
    (c) Submission of National Drug Control Program Budget With 
Annual Budget Request of President.--Section 1105(a) of title 
31, United States Code, is amended by inserting after paragraph 
(25) the following:
            ``(26) a separate statement of the amount of 
        appropriations requested for the Office of National 
        Drug Control Policy and each program of the National 
        Drug Control Program.''.

SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title, to remain available until expended, such sums as may be 
necessary for each of fiscal years 1999 through 2003.

SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

    (a) In General.--Except as provided in subsection (b), 
effective on September 30, 2003, this title and the amendments 
made by this title are repealed.
    (b) Exception.--Subsection (a) does not apply to section 
713 or the amendments made by that section.

            TITLE VIII--WESTERN HEMISPHERE DRUG ELIMINATION

SEC. 801. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Western 
Hemisphere Drug Elimination Act''.
    (b) Table of Contents.--The table of contents for this 
title is as follows:

Sec. 801. Short title; table of contents.
Sec. 802. Findings and statement of policy.

        Subtitle A--Enhanced Source and Transit Country Coverage

Sec. 811. Expansion of radar coverage and operation in source and 
          transit countries.
Sec. 812. Expansion of Coast Guard drug interdiction.
Sec. 813. Expansion of aircraft coverage and operation in source and 
          transit countries.

  Subtitle B--Enhanced Eradication and Interdiction Strategy in Source 
                                Countries

Sec. 821. Additional eradication resources for Colombia.
Sec. 822. Additional eradication resources for Peru.
Sec. 823. Additional eradication resources for Bolivia.
Sec. 824. Miscellaneous additional eradication resources.
Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs.

Subtitle C--Enhanced Alternative Crop Development Support in Source Zone

Sec. 831. Alternative crop development support.
Sec. 832. Authorization of appropriations for Agricultural Research 
          Service counterdrug research and development activities.
Sec. 833. Master plan for herbicides to control narcotic crops.
Sec. 834. Authorization of use of environmentally-approved herbicides to 
          eliminate illicit narcotics crops.

       Subtitle D--Enhanced International Law Enforcement Training

Sec. 841. Enhanced international law enforcement academy training.
Sec. 842. Enhanced United States drug enforcement international 
          training.
Sec. 843. Provision of nonlethal equipment to foreign law enforcement 
          organizations for cooperative illicit narcotics control 
          activities.

   Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement 
                        Operations and Equipment

Sec. 851. Increased funding for operations and equipment; report.
Sec. 852. Funding for computer software and hardware to facilitate 
          direct communication between drug enforcement agencies.
Sec. 853. Sense of Congress regarding priority of drug interdiction and 
          counterdrug activities.

                 Subtitle F--Relationship to Other Laws

Sec. 861. Authorizations of appropriations.

            Subtitle G--Trafficking in Controlled Substances

Sec. 871. Short title.
Sec. 872. Limitation.

SEC. 802. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) Teenage drug use in the United States has 
        doubled since 1993.
            (2) The drug crisis facing the United States is a 
        top national security threat.
            (3) The spread of illicit drugs through United 
        States borders cannot be halted without an effective 
        drug interdiction strategy.
            (4) Effective drug interdiction efforts have been 
        shown to limit the availability of illicit narcotics, 
        drive up the street price, support demand reduction 
        efforts, and decrease overall drug trafficking and use.
            (5) A prerequisite for reducing youth drug use is 
        increasing the price of drugs. To increase price 
        substantially, at least 60 percent of drugs must be 
        interdicted.
            (6) In 1987, the national drug control budget 
        maintained a significant balance between demand and 
        supply reduction efforts, illustrated as follows:
                    (A) 29 percent of the total drug control 
                budget expenditures for demand reduction 
                programs.
                    (B) 38 percent of the total drug control 
                budget expenditures for domestic law 
                enforcement.
                    (C) 33 percent of the total drug control 
                budget expenditures for international drug 
                interdiction efforts.
            (7) In the late 1980's and early 1990's, 
        counternarcotic efforts were successful, specifically 
        in protecting the borders of the United States from 
        penetration by illegal narcotics through increased 
        seizures by the United States Coast Guard and other 
        agencies, including a 302 percent increase in pounds of 
        cocaine seized between 1987 and 1991.
            (8) Limiting the availability of narcotics to drug 
        traffickers in the United States had a promising effect 
        as illustrated by the decline of illicit drug use 
        between 1988 and 1991, through a--
                    (A) 13 percent reduction in total drug use;
                    (B) 35 percent drop in cocaine use; and
                    (C) 16 percent decrease in marijuana use.
            (9) In 1993, drug interdiction efforts in the 
        transit zones were reduced due to an imbalance in the 
        national drug control strategy. This trend has 
        continued through 1995 as shown by the following 
        figures:
                    (A) 35 percent for demand reduction 
                programs.
                    (B) 53 percent for domestic law 
                enforcement.
                    (C) 12 percent for international drug 
                interdiction efforts.
            (10) Supply reduction efforts became a lower 
        priority for the Administration and the seizures by the 
        United States Coast Guard and other agencies decreased 
        as shown by a 68 percent decrease in the pounds of 
        cocaine seized between 1991 and 1996.
            (11) Reductions in funding for comprehensive 
        interdiction operations like OPERATION GATEWAY and 
        OPERATION STEELWEB, initiatives that encompassed all 
        areas of interdiction and attempted to disrupt the 
        operating methods of drug smugglers along the entire 
        United States border, have created unprotected United 
        States border areas which smugglers exploit to move 
        their product into the United States.
            (12) The result of this new imbalance in the 
        national drug control strategy caused the drug 
        situation in the United States to become a crisis with 
        serious consequences including--
                    (A) doubling of drug-abuse-related arrests 
                for minors between 1992 and 1996;
                    (B) 70 percent increase in overall drug use 
                among children aged 12 to 17;
                    (C) 80 percent increase in drug use for 
                graduating seniors since 1992;
                    (D) a sharp drop in the price of 1 pure 
                gram of heroin from $1,647 in 1992 to $966 in 
                February 1996; and
                    (E) a reduction in the street price of 1 
                gram of cocaine from $123 to $104 between 1993 
                and 1994.
            (13) The percentage change in drug use since 1992, 
        among graduating high school students who used drugs in 
        the past 12 months, has substantially increased--
        marijuana use is up 80 percent, cocaine use is up 80 
        percent, and heroin use is up 100 percent.
            (14) The Department of Defense has been called upon 
        to support counter-drug efforts of Federal law 
        enforcement agencies that are carried out in source 
        countries and through transit zone interdiction, but in 
        recent years Department of Defense assets critical to 
        those counter-drug activities have been consistently 
        diverted to missions that the Secretary of Defense and 
        the Chairman of the Joint Chiefs of Staff consider a 
        higher priority.
            (15) The Secretary of Defense and the Chairman of 
        the Joint Chiefs of Staff, through the Department of 
        Defense policy referred to as the Global Military Force 
        Policy, has established the priorities for the 
        allocation of military assets in the following order: 
        (1) war; (2) military operations other than war that 
        might involve contact with hostile forces (such as 
        peacekeeping operations and noncombatant evacuations); 
        (3) exercises and training; and (4) operational tasking 
        other than those involving hostilities (including 
        counter-drug activities and humanitarian assistance).
            (16) Use of Department of Defense assets is 
        critical to the success of efforts to stem the flow of 
        illegal drugs from source countries and through transit 
        zones to the United States.
            (17) The placement of counter-drug activities in 
        the fourth and last priority of the Global Military 
        Force Policy list of priorities for the allocation of 
        military assets has resulted in a serious deficiency in 
        assets vital to the success of source country and 
        transit zone efforts to stop the flow of illegal drugs 
        into the United States.
            (18) At present the United States faces few, if 
        any, threats from abroad greater than the threat posed 
        to the Nation's youth by illegal and dangerous drugs.
            (19) The conduct of counter-drug activities has the 
        potential for contact with hostile forces.
            (20) The Department of Defense counter-drug 
        activities mission should be near the top, not among 
        the last, of the priorities for the allocation of 
        Department of Defense assets after the first priority 
        for those assets for the war-fighting mission of the 
        Department of Defense.
    (b) Statement of Policy.--It is the policy of the United 
States to--
            (1) reduce the supply of drugs and drug use through 
        an enhanced drug interdiction effort in the major drug 
        transit countries, as well support a comprehensive 
        supply country eradication and crop substitution 
        program, because a commitment of increased resources in 
        international drug interdiction efforts will create a 
        balanced national drug control strategy among demand 
        reduction, law enforcement, and international drug 
        interdiction efforts; and
            (2) develop and establish comprehensive drug 
        interdiction and drug eradication strategies, and 
        dedicate the required resources, to achieve the goal of 
        reducing the flow of illegal drugs into the United 
        States by 80 percent by as early as January 1, 2003.

        Subtitle A--Enhanced Source and Transit Country Coverage

SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND 
                    TRANSIT COUNTRIES.

    (a) Authorization of Appropriations.--Funds are authorized 
to be appropriated for the Department of the Treasury for 
fiscal years 1999, 2000, and 2001 for the enhancement of radar 
coverage in drug source and transit countries in the total 
amount of $14,300,000 which shall be available for the 
following purposes:
            (1) For restoration of radar, and operation and 
        maintenance of radar, in the Bahamas.
            (2) For operation and maintenance of ground-based 
        radar at Guantanamo Bay Naval Base, Cuba.
    (b) Report.--Not later than January 31, 1999, the Secretary 
of Defense, in conjunction with the Director of Central 
Intelligence, shall submit to the Committee on National 
Security, the Committee on International Relations, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select Committee on 
Intelligence of the Senate a report examining the options 
available to the United States for improving Relocatable Over 
the Horizon (ROTHR) capability to provide enhanced radar 
coverage of narcotics source zone countries in South America 
and transit zones in the Eastern Pacific. The report shall 
include--
            (1) a discussion of the need and costs associated 
        with the establishment of a proposed fourth ROTHR site 
        located in the source or transit zones; and
            (2) an assessment of the intelligence specific 
        issues raised if such a ROTHR facility were to be 
        established in conjunction with a foreign government.

SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.

    (a) Operating Expenses.--For operating expenses of the 
Coast Guard associated with expansion of drug interdiction 
activities around Puerto Rico, the United States Virgin 
Islands, and other transit zone areas of operation, there is 
authorized to be appropriated to the Secretary of 
Transportation $151,500,000 for each of fiscal years 1999, 
2000, and 2001. Such amounts shall include (but are not limited 
to) amounts for the following:
            (1) For deployment of intelligent acoustic 
        detection buoys in the Florida Straits and Bahamas.
            (2) For a nonlethal technology program to enhance 
        countermeasures against the threat of transportation of 
        drugs by so-called Go-Fast boats.
    (b) Acquisition, Construction, and Improvement.--
            (1) In general.--For acquisition, construction, and 
        improvement of facilities and equipment to be used for 
        expansion of Coast Guard drug interdiction activities, 
        there is authorized to be appropriated to the Secretary 
        of Transportation for fiscal year 1999 the total amount 
        of $630,300,000 which shall be available for the 
        following purposes:
                    (A) For maritime patrol aircraft sensors.
                    (B) For acquisition of deployable pursuit 
                boats.
                    (C) For the acquisition and construction of 
                up to 15 United States Coast Guard Coastal 
                Patrol Boats.
                    (D) For--
                            (i) the reactivation of up to 3 
                        United States Coast Guard HU-25 Falcon 
                        jets;
                            (ii) the procurement of up to 3 C-
                        37A aircraft; or
                            (iii) the procurement of up to 3 C-
                        20H aircraft.
                    (E) For acquisition of installed or 
                deployable electronic sensors and 
                communications systems for Coast Guard Cutters.
                    (F) For acquisition and construction of 
                facilities and equipment to support regional 
                and international law enforcement training and 
                support in Puerto Rico, the United States 
                Virgin Islands, and the Caribbean Basin.
                    (G) For acquisition or conversion of 
                maritime patrol aircraft.
                    (H) For acquisition or conversion of up to 
                2 vessels to be used as Coast Guard Medium or 
                High Endurance Cutters.
                    (I) For acquisition or conversion of up to 
                2 vessels to be used as Coast Guard Cutters as 
                support, command, and control platforms for 
                drug interdiction operations.
                    (J) For acquisition of up to 6 Coast Guard 
                Medium Endurance Cutters.
            (2) Continued availability.--Amounts appropriated 
        under this subsection may remain available until 
        expended.
    (c) Requirement To Accept Patrol Craft From Department of 
Defense.--The Secretary of Transportation shall accept, for use 
by the Coast Guard for expanded drug interdiction activities, 7 
PC-170 patrol craft if offered by the Department of Defense.

SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN SOURCE AND 
                    TRANSIT COUNTRIES.

    (a) Department of the Treasury.--Funds are authorized to be 
appropriated for the Department of the Treasury for fiscal 
years 1999, 2000, and 2001 for the enhancement of air coverage 
and operation for drug source and transit countries in the 
total amount of $886,500,000 which shall be available for the 
following purposes:
            (1) For procurement of 10 P-3B Early Warning 
        aircraft for the United States Customs Service to 
        enhance overhead air coverage of drug source zone 
        countries.
            (2) For the procurement and deployment of 10 P-3B 
        Slick airplanes for the United States Customs Service 
        to enhance overhead air coverage of the drug source 
        zone.
            (3) In fiscal years 2000 and 2001, for operation 
        and maintenance of 10 P-3B Early Warning aircraft for 
        the United States Customs Service to enhance overhead 
        air coverage of drug source zone countries.
            (4) For personnel for the 10 P-3B Early Warning 
        aircraft for the United States Customs Service to 
        enhance overhead air coverage of drug source zone 
        countries.
            (5) In fiscal years 2000 and 2001, for operation 
        and maintenance of 10 P-3B Slick airplanes for the 
        United States Customs Service to enhance overhead 
        coverage of the drug source zone.
            (6) For personnel for the 10 P-3B Slick airplanes 
        for the United States Customs Service to enhance 
        overhead air coverage of drug source zone countries.
            (7) For construction and furnishing of an 
        additional facility for the P-3B aircraft.
            (8) For operation and maintenance for overhead air 
        coverage for source countries.
            (9) For operation and maintenance for overhead 
        coverage for the Caribbean and Eastern Pacific regions.
            (10) For purchase and for operation and maintenance 
        of 3 RU-38A observation aircraft (to be piloted by 
        pilots under contract with the United States).
    (b) Report.--Not later than January 31, 1999, the Secretary 
of Defense, in consultation with the Secretary of State and the 
Director of Central Intelligence, shall submit to the Committee 
on National Security, the Committee on International Relations, 
and the Permanent Select Committee on Intelligence of the House 
of Representatives and to the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select Committee on 
Intelligence of the Senate a report examining the options 
available in the source and transit zones to replace Howard Air 
Force Base in Panama and specifying the requirements of the 
United States to establish an airbase or airbases for use in 
support of counternarcotics operations to optimize operational 
effectiveness in the source and transit zones. The report shall 
identify the following:
            (1) The specific requirements necessary to support 
        the national drug control policy of the United States.
            (2) The estimated construction, operation, and 
        maintenance costs for a replacement counterdrug airbase 
        or airbases in the source and transit zones.
            (3) Possible interagency cost sharing arrangements 
        for a replacement airbase or airbases.
            (4) Any legal or treaty-related issues regarding 
        the replacement airbase or airbases.
            (5) A summary of completed alternative site surveys 
        for the airbase or airbases.
    (c) Transfer of Aircraft.--The Secretary of the Navy shall 
transfer to the United States Customs Service--
            (1) ten currently retired and previously identified 
        heavyweight P-3B aircraft for modification into P-3 
        AEW&C aircraft; and
            (2) ten currently retired and previously identified 
        heavyweight P-3B aircraft for modification into P-3 
        Slick aircraft.

 Subtitle B--Enhanced Eradication and Interdiction Strategy in Source 
                               Countries

SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.

    (a) Department of State.--Funds are authorized to be 
appropriated for the Department of State for fiscalyears 1999, 
2000, and 2001 for the enhancement of drug-related eradication efforts 
in Colombia in the total amount of $201,250,000 which shall be 
available for the following purposes:
            (1) For each such fiscal year for sustaining 
        support of the helicopters and fixed wing fleet of the 
        national police of Colombia.
            (2) For the purchase of DC-3 transport aircraft for 
        the national police of Colombia.
            (3) For acquisition of resources needed for prison 
        security in Colombia.
            (4) For the purchase of minigun systems for the 
        national police of Colombia.
            (5) For the purchase of 6 UH-60L Black Hawk utility 
        helicopters for the national police of Colombia and for 
        operation, maintenance, and training relating to such 
        helicopters.
            (6) For procurement, for upgrade of 50 UH-1H 
        helicopters to the Huey II configuration equipped with 
        miniguns for the use of the national police of 
        Colombia.
            (7) For the repair and rebuilding of the 
        antinarcotics base in southern Colombia.
            (8) For providing sufficient and adequate base and 
        force security for any rebuilt facility in southern 
        Colombia, and the other forward operating antinarcotics 
        bases of the Colombian National Police antinarcotics 
        unit.
    (b) Counternarcotics Assistance.--
            (1) Limitation on provision of assistance.--Except 
        as provided in paragraph (2), United States 
        counternarcotics assistance may not be provided for the 
        Government of Colombia under this title or under any 
        other provision of law on or after the date of 
        enactment of this Act if the Government of Colombia 
        negotiates or permits the establishment of any 
        demilitarized zone in which the eradication of drug 
        production by the security forces of Colombia, 
        including the Colombian National Police antinarcotics 
        unit, is prohibited.
            (2) Exception.--If the Government of Colombia 
        negotiates or permits the establishment of a 
        demilitarized zone described in paragraph (1), United 
        States counternarcotics assistance may be provided for 
        the Government of Colombia for a period of up to 90 
        consecutive days upon a finding by the President that 
        providing such assistance is in the national interest 
        of the United States.
            (3) Notification.--In each case in which 
        counternarcotics assistance is provided for the 
        Government of Colombia as a result of a finding by the 
        President described in paragraph (2), the President 
        shall notify the Committees on Appropriations and the 
        authorizing committees of jurisdiction of the House of 
        Representatives and the Senate not later than 5 days 
        after such assistance is provided.

SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.

    (a) Department of State.--Funds are authorized to be 
appropriated for the Department of State for fiscal years 1999, 
2000, and 2001 for the establishment of a third drug 
interdiction site in Peru to support air bridge and riverine 
missions for enhancement of drug-related eradication efforts in 
Peru, in the total amount of $3,000,000, and an additional 
amount of $1,000,000 for each of fiscal years 2000 and 2001 for 
operation and maintenance.
    (b) Department of Defense Study.--The Secretary of Defense 
shall conduct a study of Peruvian counternarcotics air 
interdiction requirements and, not later than 90 days after the 
date of enactment of this Act, submit to Congress a report on 
the results of the study. The study shall include a review of 
the Peruvian Air Force's current and future requirements for 
counternarcotics airinterdiction to complement the Peruvian Air 
Force's A-37 capability.

SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.

    Funds are authorized to be appropriated for the Department 
of State for fiscal years 1999, 2000, and 2001 for enhancement 
of drug-related eradication efforts in Bolivia in the total 
amount of $17,000,000 which shall be available for the 
following purposes:
            (1) For support of air operations in Bolivia.
            (2) For support of riverine operations in Bolivia.
            (3) For support of coca eradication programs.
            (4) For procurement of 2 mobile x-ray machines, 
        with operation and maintenance support.

SEC. 824. MISCELLANEOUS ADDITIONAL ERADICATION RESOURCES.

    Funds are authorized to be appropriated for the Department 
of State for fiscal years 1999, 2000, and 2001 for enhanced 
precursor chemical control projects, in the total amount of 
$500,000.

SEC. 825. BUREAU OF INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT 
                    AFFAIRS.

    (a) Sense of Congress Relating to Professional 
Qualifications of Officials Responsible for International 
Narcotics Control.--It is the sense of Congress that any 
individual serving in the position of assistant secretary in 
any department or agency of the Federal Government who has 
primary responsibility for international narcotics control and 
law enforcement, and the principal deputy of any such assistant 
secretary, shall have substantial professional qualifications 
in the fields of--
            (1) management;
            (2) Federal law enforcement or intelligence; and
            (3) foreign policy.
    (b) Sense of Congress Relating to Deficiencies in 
International Narcotics Assistance Activities.--It is the sense 
of Congress that the responsiveness and effectiveness of 
international narcotics assistance activities under the 
Department of State have been severely hampered due, in part, 
to the lack of law enforcement expertise by responsible 
personnel in the Department of State.

  Subtitle C--Enhanced Alternative Crop Development Support in Source 
                                  Zone

SEC. 831. ALTERNATIVE CROP DEVELOPMENT SUPPORT.

    Funds are authorized to be appropriated for the United 
States Agency for International Development for fiscal years 
1999, 2000, and 2001 for alternative development programs in 
the total amount of $180,000,000 which shall be available as 
follows:
            (1) In the Guaviare, Putumayo, and Caqueta regions 
        in Colombia.
            (2) In the Ucayali, Apurimac, and Huallaga Valley 
        regions in Peru.
            (3) In the Chapare and Yungas regions in Bolivia.

SEC. 832. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL RESEARCH 
                    SERVICE COUNTERDRUG RESEARCH AND DEVELOPMENT 
                    ACTIVITIES.

    (a) In General.--There is authorized to be appropriated to 
the Secretary of Agriculture for each of fiscal years 1999, 
2000, and 2001, $23,000,000 to support the counternarcotics 
research efforts of the Agricultural Research Service of the 
Department of Agriculture. Of that amount, funds are authorized 
as follows:
            (1) $5,000,000 shall be used for crop eradication 
        technologies.
            (2) $2,000,000 shall be used for narcotics plant 
        identification, chemistry, and biotechnology.
            (3) $1,000,000 shall be used for worldwide crop 
        identification, detection tagging, and production 
        estimation technology.
            (4) $5,000,000 shall be used for improving the 
        disease resistance, yield, and economic competitiveness 
        of commercial crops that can be promoted as 
        alternatives to the production of narcotics plants.
            (5) $10,000,000 to contract with entities meeting 
        the criteria described in subsection (b) for the 
        product development, environmental testing, 
        registration, production, aerial distribution system 
        development, product effectiveness monitoring, and 
        modification of multiple herbicides to control narcotic 
        crops (including coca, poppy, and cannabis) in the 
        United States and internationally.
    (b) Criteria for Eligible Entities.--An entity under this 
subsection is an entity which possesses--
            (1) experience in diseases of narcotic crops;
            (2) intellectual property involving seed-borne 
        dispersal formulations;
            (3) the availability of state-of-the-art 
        containment or quarantine facilities;
            (4) country-specific herbicide formulations;
            (5) specialized fungicide resistant formulations; 
        or
            (6) special security arrangements.

SEC. 833. MASTER PLAN FOR HERBICIDES TO CONTROL NARCOTIC CROPS.

    (a) In General.--The Director of the Office of National 
Drug Control Policy shall develop a 10-year master plan for the 
use of herbicides to control narcotic crops (including coca, 
poppy, and cannabis) in the United States and internationally.
    (b) Coordination.--The Director shall develop the plan in 
coordination with--
            (1) the Department of Agriculture;
            (2) the Drug Enforcement Administration of the 
        Department of Justice;
            (3) the Department of Defense;
            (4) the Environmental Protection Agency;
            (5) the Bureau for International Narcotics and Law 
        Enforcement Activities of the Department of State;
            (6) the United States Information Agency; and
            (7) other appropriate agencies.
    (c) Report.--Not later than March 1, 1999, the Director of 
the Office of National Drug Control Policy shall submit to 
Congress a report describing the activities undertaken to carry 
out this section.

SEC. 834. AUTHORIZATION OF USE OF ENVIRONMENTALLY-APPROVED HERBICIDES 
                    TO ELIMINATE ILLICIT NARCOTICS CROPS.

    The Secretary of State, the Attorney General, the Secretary 
of Agriculture, the Secretary of Defense, the Director of the 
Office of National Drug Control Policy, and the Administrator 
of the Environmental Protection Agency are authorized to 
support the development and use of environmentally-approved 
herbicides to eliminate illicit narcotics crops, including 
coca, cannabis, and opium poppy, both in the United States and 
in foreign countries.

      Subtitle D--Enhanced International Law Enforcement Training

SEC. 841. ENHANCED INTERNATIONAL LAW ENFORCEMENT ACADEMY TRAINING.

    (a) Maritime Law Enforcement Training Center.--Funds are 
authorized to be appropriated for the Department of 
Transportation and the Department of the Treasury for fiscal 
years 1999, 2000, and 2001 for the joint establishment, 
operation, and maintenance in San Juan, Puerto Rico, of a 
center for training law enforcement personnel of countries 
located in the Latin American and Caribbean regions in matters 
relating to maritime law enforcement, including customs-related 
ports management matters, as follows:
            (1) For each such fiscal year for funding by the 
        Department of Transportation, $1,500,000.
            (2) For each such fiscal year for funding by the 
        Department of the Treasury, $1,500,000.
    (b) United States Coast Guard International Maritime 
Training Vessel.--Funds are authorized to be appropriated for 
the Department of Transportation for fiscal years 1999, 2000, 
and 2001 for the establishment, operation, and maintenance of 
maritime training vessels in the total amount of $15,000,000 
which shall be available for the following purposes:
            (1) For a vessel for international maritime 
        training, which shall visit participating Latin 
        American and Caribbean nations on a rotating schedule 
        in order to provide law enforcement training and to 
        perform maintenance on participating national assets.
            (2) For support of the United States Coast Guard 
        Balsam Class Buoy Tender training vessel.

SEC. 842. ENHANCED UNITED STATES DRUG ENFORCEMENT INTERNATIONAL 
                    TRAINING.

    (a) Mexico.--Funds are authorized to be appropriated for 
the Department of Justice for fiscal years 1999, 2000, and 2001 
for substantial exchanges for Mexican judges, prosecutors, and 
police, in the total amount of $2,000,000 for each such fiscal 
year. The Attorney General shall consult with the Secretary of 
State regarding such exchanges.
    (b) Brazil.--Funds are authorized to be appropriated for 
the Department of Justice for fiscal years 1999, 2000, and 2001 
for enhanced support for the Brazilian Federal Police Training 
Center, in the total amount of $1,000,000 for each such fiscal 
year. The Attorney General shall consult with the Secretary of 
State regarding such enhanced support.
    (c) Panama.--
            (1) In general.--Funds are authorized to be 
        appropriated for the Department of Transportation for 
        fiscal years 1999, 2000, and 2001 for operation and 
        maintenance, for locating and operating Coast Guard 
        assets so as to strengthen the capability of the Coast 
        Guard of Panama to patrol the Atlantic and Pacific 
        coasts of Panama for drug enforcement and interdiction 
        activities, in the total amount of $1,000,000 for each 
        such fiscal year. The Secretary of Transportation shall 
        consult with the Secretary of State regarding the 
        location and operation of such assets for such 
        purposes.
            (2) Eligibility to receive training.--
        Notwithstanding any other provision of law, members of 
        the national police of Panama shall be eligible to 
        receive training through the International Military 
        Education Training program.
    (d) Venezuela.--There are authorized to be appropriated for 
the Department of Justice for each of fiscal years 1999, 2000, 
and 2001, $1,000,000 for operation and maintenance, for support 
for the Venezuelan Judicial Technical Police Counterdrug 
Intelligence Center. The Attorney General shall consult with 
the Secretary of State regarding such support.
    (e) Ecuador.--
            (1) In general.--Funds are authorized to be 
        appropriated for the Department of Transportation and 
        the Department of the Treasury for each of fiscal years 
        1999, 2000, and 2001 for the buildup of local coast 
        guard and port control in Guayaquil and Esmeraldas, 
        Ecuador, as follows:
                    (A) For each such fiscal year for the 
                Department of Transportation, $500,000.
                    (B) For each such fiscal year for the 
                Department of the Treasury, $500,000.
            (2) Consultation.--The Secretary of Transportation 
        and the Secretary of the Treasury shall consult with 
        the Secretary of State regarding the buildup described 
        in paragraph (1).
    (f) Haiti and the Dominican Republic.--Funds are authorized 
to be appropriated for the Department of the Treasury for each 
of fiscal years 1999, 2000, and 2001, $500,000 for the buildup 
of local coast guard and port control in Haiti and the 
Dominican Republic. The Secretary of the Treasury shall consult 
with the Secretary of State regarding such buildup of local 
coast guard and port patrol.
    (g) Central America.--There are authorized to be 
appropriated for the Department of the Treasury for each of 
fiscal years 1999, 2000, and 2001, $12,000,000 for the buildup 
of local coast guard and port control in Belize, Costa Rica, El 
Salvador, Guatemala, Honduras, and Nicaragua. The Secretary of 
the Treasury shall consult with the Secretary of State 
regarding such buildup of local coast guard and port patrol.

SEC. 843. PROVISION OF NONLETHAL EQUIPMENT TO FOREIGN LAW ENFORCEMENT 
                    ORGANIZATIONS FOR COOPERATIVE ILLICIT NARCOTICS 
                    CONTROL ACTIVITIES.

    (a) In General.--(1) Subject to paragraph (2), the 
Administrator of the Drug Enforcement Administration, in 
consultation with the Secretary of State, may transfer or lease 
each year nonlethal equipment to foreign law enforcement 
organizations for the purpose of establishing and carrying out 
cooperative illicit narcotics control activities.
    (2)(A) The Administrator may transfer or lease equipment 
under paragraph (1) only if the equipment is not designated as 
a munitions item or controlled on the United States Munitions 
List pursuant to section 38 of the Arms Export Control Act.
    (B) The value of each piece of equipment transferred or 
leased under paragraph (1) may not exceed $100,000.
    (b) Additional Requirement.--The Administrator shall 
provide for the maintenance and repair of any equipment 
transferred or leased under subsection (a).
    (c) Notification Requirement.--Before the export of any 
item authorized for transfer under subsection (a), the 
Administrator shall provide written notice to the Committee on 
Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives in 
accordance with the procedures applicable to reprogramming 
notifications under section 634A of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2394-1).
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) all United States law enforcement personnel 
        serving in Mexico should be accredited the same status 
        under the Vienna Convention on Diplomatic Immunity as 
        other diplomatic personnel serving at United States 
        posts in Mexico; and
            (2) all Mexican narcotics law enforcement personnel 
        serving in the United States should be accorded the 
        same diplomatic status as Drug Enforcement 
        Administration personnel serving in Mexico.

   Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement 
                        Operations and Equipment

SEC. 851. INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT; REPORT.

    (a) Drug Enforcement Administration.--Funds are authorized 
to be appropriated for the Drug Enforcement Administration for 
fiscal years 1999, 2000, and 2001 for enhancement of 
counternarcotic operations in drug transit and source countries 
in the total amount of $58,900,000 which shall be available for 
the following purposes:
            (1) For support of the Merlin program.
            (2) For support of the intercept program.
            (3) For support of the development and 
        implementation of automation systems to support 
        investigative and intelligence requirements.
            (4) For support of the Caribbean Initiative.
            (5) For the hire of special agents, administrative 
        and investigative support personnel, and intelligence 
        analysts for the support of overseas investigations.
    (b) Department of State.--Funds are authorized to be 
appropriated for the Department of State for fiscal year 1999, 
2000, and 2001 for the deployment of commercial unclassified 
intelligence and imaging data and a Passive Coherent Location 
System for counternarcotics and interdiction purposes in the 
Western Hemisphere, the total amount of $20,000,000.
    (c) Department of the Treasury.--Funds are authorized to be 
appropriated for the United States Customs Service for fiscal 
years 1999, 2000, and 2001 for enhancement of counternarcotic 
operations in drug transit and source countries in the total 
amount of $71,500,000 which shall be available for the 
following purposes:
            (1) For refurbishment of up to 30 interceptor and 
        Blue Water Platform vessels in the Caribbean maritime 
        fleet.
            (2) For purchase of up to 9 new interceptor vessels 
        in the Caribbean maritime fleet.
            (3) For the hire and training of up to 25 special 
        agents for maritime operations in the Caribbean.
            (4) For purchase of up to 60 automotive vehicles 
        for ground use in South Florida.
            (5) For each such fiscal year for operation and 
        maintenance support for up to 10 United States Customs 
        Service Citations Aircraft to be dedicated for the 
        source and transit zone.
            (6) For purchase of non-intrusive inspection 
        systems consistent with the United States Customs 
        Service 5-year technology plan, including truck x-rays 
        and gamma-imaging for drug interdiction purposes at 
        high-threat seaports and land border ports of entry.
    (d) Department of Defense Report.--Not later than January 
31, 1999, the Secretary of Defense, in consultation with the 
Director of the Office of National Drug Control Policy, shall 
submit to Congress a report examining and proposing 
recommendations regarding any organizational changes to 
optimize counterdrug activities, including alternative cost-
sharing arrangements regarding the following facilities:
            (1) The Joint Inter-Agency Task Force, East, Key 
        West, Florida.
            (2) The Joint Inter-Agency Task Force, West, 
        Alameda, California.
            (3) The Joint Inter-Agency Task Force, South, 
        Panama City, Panama.
            (4) The Joint Task Force 6, El Paso, Texas.

SEC. 852. FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO FACILITATE 
                    DIRECT COMMUNICATION BETWEEN DRUG ENFORCEMENT 
                    AGENCIES.

    (a) Authorization.--Funds are authorized to be appropriated 
for the development and purchase of computer software and 
hardware to facilitate direct communication between agencies 
that perform work relating to the interdiction of drugs at 
United States borders, including the United States Customs 
Service, the Border Patrol, the Federal Bureau of 
Investigation, the Drug Enforcement Agency, and the Immigration 
and Naturalization Service, in the total amount of $50,000,000.
    (b) Availability.--Funds authorized pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.

SEC. 853. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION AND 
                    COUNTERDRUG ACTIVITIES.

    It is the sense of Congress that the Secretary of Defense 
should revise the Global Military Force Policy of the 
Department of Defense in order--
            (1) to treat the international drug interdiction 
        and counter-drug activities of the Department as a 
        military operation other than war, thereby elevating 
        the priority given such activities under the Policy to 
        the next priority below the priority given to war under 
        the Policy and to the same priority as is given to 
        peacekeeping operations under the Policy; and
            (2) to allocate the assets of the Department to 
        drug interdiction and counter-drug activities in 
        accordance with the priority given those activities.

                 Subtitle F--Relationship to Other Laws

SEC. 861. AUTHORIZATIONS OF APPROPRIATIONS.

    The funds authorized to be appropriated for any department 
or agency of the Federal Government for fiscal years 1999, 
2000, or 2001 by this title are in addition to funds authorized 
to be appropriated for that department or agency for fiscal 
year 1999, 2000, or 2001 by any other provision of law.

            Subtitle G--Trafficking in Controlled Substances

SEC. 871. SHORT TITLE.

    This subtitle may be cited as the ``Controlled Substances 
Trafficking Prohibition Act''.

SEC. 872. LIMITATION.

    (a) Amendment.--Section 1006(a) of the Controlled 
Substances Import and Export Act (21 U.S.C. 956(a)) is 
amended--
            (1) by striking ``The Attorney General'' and 
        inserting ``(1) Subject to paragraph (2), the Attorney 
        General''; and
            (2) by adding at the end the following:
    ``(2) Notwithstanding any exemption under paragraph (1), a 
United States resident who enters the United States through an 
international land border with a controlled substance (except a 
substance in schedule I) for which the individual does not 
possess a valid prescription issued by a practitioner (as 
defined in section 102 of the Controlled Substances Act (21 
U.S.C. 802)) in accordance with applicable Federal and State 
law (or documentation that verifies the issuance of such a 
prescription to that individual) may not import the controlled 
substance into the United States in an amount that exceeds 50 
dosage units of the controlled substance.''.
    (b) Federal Minimum Requirement.--Section 1006(a)(2) of the 
Controlled Substances Import and Export Act, as added by 
subsection (a), is a minimum Federal requirement and shall not 
be construed to limit a State from imposing any additional 
requirement.
    (c) Extent.--The amendment made by subsection (a) shall not 
be construed to affect the jurisdiction of the Secretary of 
Health and Human Services under the Federal Food, Drug and 
Cosmetic Act (21 U.S.C. 301 et seq.).

                   TITLE IX--DRUG-FREE WORKPLACE ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Drug-Free Workplace Act of 
1998''.

SEC. 902. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) 74 percent of adults who use illegal drugs are 
        employed;
            (2) small business concerns employ over 50 percent 
        of the Nation's workforce;
            (3) in more than 88 percent of families with 
        children under the age of 18, at least 1 parent is 
        employed; and
            (4) employees who use and abuse addictive illegal 
        drugs and alcohol increase costs for businesses and 
        risk the health and safety of all employees because--
                    (A) absenteeism is 66 percent higher among 
                drug users than individuals who do not use 
                drugs;
                    (B) health benefit utilization is 300 
                percent higher among drug users than 
                individuals who do not use drugs;
                    (C) 47 percent of workplace accidents are 
                drug-related;
                    (D) disciplinary actions are 90 percent 
                higher among drug users than among individuals 
                who do not use drugs; and
                    (E) employee turnover is significantly 
                higher among drug users than among individuals 
                who do not use drugs.
    (b) Purposes.--The purposes of this title are to--
            (1) educate small business concerns about the 
        advantages of a drug-free workplace;
            (2) provide grants and technical assistance in 
        addition to financial incentives to enable small 
        business concerns to create a drug-free workplace;
            (3) assist working parents in keeping their 
        children drug-free; and
            (4) encourage small business employers and 
        employees alike to participate in drug-free workplace 
        programs.

SEC. 903. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) businesses should adopt drug-free workplace 
        programs;
            (2) States should consider incentives to encourage 
        businesses to adopt drug-free workplace programs; and
            (3) such incentives may include--
                  (A) financial incentives, including--
                          (i) a reduction in workers' 
                        compensation premiums;
                          (ii) a reduction in unemployment 
                        insurance premiums; and
                          (iii) tax deductions in an amount 
                        equal to the amount of expenditures for 
                        employee assistance programs, 
                        treatment, or illegal drug testing; and
                  (B) other incentives, such as the adoption of 
                liability limitations, as recommended by the 
                President's Commission on Model State Drug 
                Laws.

SEC. 904. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

      Section 27 of the Small Business Act (15 U.S.C. 654) is 
amended to read as follows:

``SEC. 27. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

      ``(a) Definitions.--In this section:
            ``(1) Drug-free workplace program.--The term `drug-
        free workplace program' means a program that includes--
                    ``(A) a written policy, including a clear 
                statement of expectations for workplace 
                behavior, prohibitions against reporting to 
                work or working under the influence of illegal 
                drugs or alcohol, prohibitions against the use 
                or possession of illegal drugs in the 
                workplace, and the consequences of violating 
                those expectations and prohibitions;
                    ``(B) drug and alcohol abuse prevention 
                training for a total of not less than 2 hours 
                for each employee, and additional voluntary 
                drug and alcohol abuse prevention training for 
                employees who are parents;
                    ``(C) employee illegal drug testing, with 
                analysis conducted by a drug testing laboratory 
                certified by the Substance Abuse and Mental 
                Health Services Administration, or approved by 
                the College of American Pathologists for 
                forensic drug testing, and a review of each 
                positive test result by a medical review 
                officer;
                    ``(D) employee access to an employee 
                assistance program, including confidential 
                assessment, referral, and short-term problem 
                resolution; and
                    ``(E) continuing alcohol and drug abuse 
                prevention education.
            ``(2) Eligible intermediary.--The term `eligible 
        intermediary' means an organization--
                    ``(A) that has not less than 2 years of 
                experience in carrying out drug-free workplace 
                programs;
                    ``(B) that has a drug-free workplace policy 
                in effect;
                    ``(C) that is located in a State, the 
                District of Columbia, or a territory of the 
                United States; and
                    ``(D) the purpose of which is--
                            ``(i) to develop comprehensive 
                        drug-free workplace programs or to 
                        supply drug-free workplace services; or
                            ``(ii) to provide other forms of 
                        assistance and services to small 
                        business concerns.
            ``(3) Employee.--The term `employee' includes any--
                    ``(A) applicant for employment;
                    ``(B) employee;
                    ``(C) supervisor;
                    ``(D) manager;
                    ``(E) officer of a small business concern 
                who is active in management of the concern; and
                    ``(F) owner of a small business concern who 
                is active in management of the concern.
            ``(4) Medical review officer.--The term `medical 
        review officer'--
                    ``(A) means a licensed physician with 
                knowledge of substance abuse disorders; and
                    ``(B) does not include any--
                            ``(i) employee of the small 
                        business concern; or
                            ``(ii) employee or agent of, or any 
                        person having a financial interest in, 
                        the laboratory for which the illegal 
                        drug test results are being reviewed.
    ``(b) Establishment.--There is established a drug-free 
workplace demonstration program, under which the Administrator 
may make grants to, or enter into cooperative agreements or 
contracts with, eligible intermediaries for the purpose of 
providing financial and technical assistance to small business 
concerns seeking to establish a drug-free workplace program.
    ``(c) Privacy Protection for Employees Participating in a 
Drug-Free Workplace Program.--Each drug-free workplace program 
established with assistance made available under this section 
shall--
            ``(1) include, as reasonably necessary and 
        appropriate, practices and procedures to ensure the 
        confidentiality of illegal drug test results and of any 
        participation by an employee in a rehabilitation 
        program;
            ``(2) prohibit the mandatory disclosure of medical 
        information by an employee prior to a confirmed 
        positive illegal drug test; and
            ``(3) require that a medical review officer 
        reviewing illegal drug test results shall report only 
        the final results, limited to those drugs for which the 
        employee tests positive, in writing and in a manner 
        designed to ensure the confidentiality of the results.
    ``(d) Evaluation and Coordination.--Not later than 18 
months after the date of enactment of the Drug-Free Workplace 
Act of 1998, the Administrator, in coordination with the 
Secretary of Labor, the Secretary of Health and Human Services, 
and the Director of National Drug Control Policy, shall--
            ``(1) evaluate the drug-free workplace programs 
        established with assistance made available under this 
        section; and
            ``(2) submit to Congress a report describing the 
        results of the evaluation under paragraph (1).
    ``(e) Contract Authority.--In carrying out this section, 
the Administrator may--
            ``(1) contract with public and private entities to 
        provide assistance related to carrying out the program 
        under this section; and
            ``(2) compensate those entities for provision of 
        that assistance.
    ``(f) Construction.--Nothing in this section may be 
construed to require an employer who attends a program offered 
by an intermediary to contract for any service offered by the 
intermediary.
    ``(g) Authorization.--
            ``(1) In general.--There is authorized to be 
        appropriated to carry out this section, $10,000,000 for 
        fiscal years 1999 and 2000. Amounts made available 
        under this subsection shall remain available until 
        expended.
            ``(2) Small business development centers.--Of the 
        total amount made available under this subsection, not 
        more than the greater of 10 percent or $1,000,000 may 
        be used to carry out section 21(c)(3)(T).''.

SEC. 905. SMALL BUSINESS DEVELOPMENT CENTERS.

    Section 21(c)(3) of the Small Business Act (15 U.S.C. 
648(c)(3)) is amended--
            (1) in subparagraph (R), by striking ``and'' at the 
        end;
            (2) in subparagraph (S), by striking the period at 
        the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(T) providing information and assistance to small 
        business concerns with respect to establishing drug-
        free workplace programs on or before October 1, 
        2000.''.

             TITLE X--CANYON FERRY RESERVOIR, MONTANA, ACT

SECTION 1001. FINDINGS.

    Congress finds that the conveyance of the properties 
described in section 4(b) to the lessees of those properties 
for fair market value would have the beneficial results of--
            (1) reducing Pick-Sloan project debt for the Canyon 
        Ferry Unit;
            (2) providing a permanent source of funding to 
        acquire publicly accessible land and interests in land, 
        including easements and conservation easements, in the 
        State from willing sellers at fair market value to--
                    (A) restore and conserve fisheries habitat, 
                including riparian habitat;
                    (B) restore and conserve wildlife habitat;
                    (C) enhance public hunting, fishing, and 
                recreational opportunities; and
                    (D) improve public access to public land;
            (3) eliminating Federal payments in lieu of taxes 
        and associated management expenditures in connection 
        with the Federal Government's ownership of the 
        properties while increasing local tax revenues from the 
        new owners; and
            (4) eliminating expensive and contentious disputes 
        between the Secretary and leaseholders while ensuring 
        that the Federal Government receives full and fair 
        value for the properties.

SEC. 1002. PURPOSES.

    The purposes of this Act are to--
            (1) establish terms and conditions under which the 
        Secretary of the Interior shall, for fair market value, 
        convey certain properties around Canyon Ferry 
        Reservoir, Montana, to private parties; and
            (2) acquire certain land for fish and wildlife 
        conservation purposes.

SEC. 1003. DEFINITIONS.

    In this Act:
            (1) Canyon ferry-broadwater county trust.--The term 
        ``Canyon Ferry-Broadwater County Trust'' means the 
        Canyon Ferry-Broadwater County Trust established under 
        section 8.
            (2) CFRA.--The term ``CFRA'' means the Canyon Ferry 
        Recreation Association, Incorporated, a Montana 
        corporation.
            (3) Commissioners.--The term ``Commissioners'' 
        means the Board of Commissioners for Broadwater County, 
        Montana.
            (4) Lease.--The term ``lease'' means a lease or 
        permit in effect on the date of enactment of this Act 
        that gives a leaseholder the right to occupy a 
        property.
            (5) Lessee.--The term ``lessee'' means--
                    (A) the leaseholder of 1 of the properties 
                on the date of enactment of this Act; and
                    (B) the leaseholder's heirs, executors, and 
                assigns of the leasehold interest in the 
                property.
            (6) Montana fish and wildlife conservation trust.--
        The term ``Montana Fish and Wildlife Conservation 
        Trust'' means the Montana Fish and Wildlife 
        Conservation Trust established under section 7.
            (7) Project.--The term ``project'' means the Canyon 
        Ferry Unit of the Pick-Sloan Missouri River Basin 
        Project.
            (8) Property.--
                    (A) In general.--The term ``property'' 
                means 1 of the cabin sites described in section 
                4(b).
                    (B) Use in the plural.--The term 
                ``properties'' means all 265 of the properties 
                and any contiguous parcels referred to in 
                section 4(b)(1)(B).
            (9) Purchaser.--The term ``purchaser'' means a 
        person or entity, excluding CFRA or a lessee, that 
        purchases the properties under section 4.
            (10) Reservoir.--The term ``Reservoir'' means the 
        Canyon Ferry Reservoir, Montana.
            (11) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
            (12) State.--The term ``State'' means the State of 
        Montana.

SEC. 1004. SALE OF PROPERTIES.

    (a) In General.--Consistent with the Act of June 17, 1902 
(32 Stat. 388, chapter 1093) and Acts supplemental to and 
amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary 
shall convey to CFRA or a purchaser--
            (1) all right, title, and interest (except the 
        mineral estate) of the United States in and to the 
        properties, subject to valid existing rights and the 
        operational requirements of the Pick-Sloan Missouri 
        River Basin Program; and
            (2) perpetual easements for--
                    (A) vehicular access to each property;
                    (B) access to and use of 1 dock per 
                property; and
                    (C) access to and use of all boathouses, 
                ramps, retaining walls, and other improvements 
                for which access is provided in the leases as 
                of the date of enactment of this Act.
    (b) Description of Properties.--
            (1) In general.--The properties to be conveyed 
        are--
                    (A) the 265 cabin sites of the Bureau of 
                Reclamation located along the northern end of 
                the Reservoir in portions of sections 2, 11, 
                12, 13, 15, 22, 23, and 26, Township 10 North, 
                Range 1 West; and
                    (B) any small parcel contiguous to any 
                property (not including shoreline or land 
                needed to provide public access to the 
                shoreline of the Reservoir) that the Secretary 
                determines should be conveyed in order to 
                eliminate an inholding and facilitate 
                administration of surrounding land remaining in 
                Federal ownership.
            (2) Acreage; legal description.--The acreage and 
        legal description of each property and of each parcel 
        shall be determined by the Secretary in consultation 
        with CFRA.
            (3) Restrictive use covenant.--
                    (A) In general.--In order to maintain the 
                unique character of the Reservoir area, the 
                Secretary, the purchaser, CFRA, and each 
                subsequent owner of each property shall 
                covenant that the use restrictions to carry out 
                subparagraphs (B) and (C) shall--
                            (i) be appurtenant to, and run, 
                        with each property; and
                            (ii) be binding on each subsequent 
                        owner of each property.
                    (B) Access to reservoir.--
                            (i) In general.--The Secretary, the 
                        purchaser, CFRA, and the subsequent 
                        owners of each property shall ensure 
                        that--
                                    (I) public access to and 
                                along the shoreline of the 
                                Reservoir in existence on the 
                                date of enactment of this Act 
                                is not obstructed; and
                                    (II) adequate public access 
                                to and along the shoreline of 
                                the Reservoir is maintained.
                            (ii) Federal reclamation law.--
                                    (I) In general.--No 
                                conveyance of property under 
                                this Act shall restrict or 
                                limit the authority or ability 
                                of the Secretary to fulfill the 
                                duties of the Secretary under 
                                the Act of June 17, 1902 (32 
                                Stat. 388, chapter 1093), and 
                                Acts supplemental to and 
                                amendatory of that Act (43 
                                U.S.C. 371 et seq.).
                                    (II) No liability.--The 
                                operation of the Reservoir by 
                                the Secretary in fulfillment of 
                                the duties described in 
                                subclause (I) shall not result 
                                in liability for damages, 
                                direct or indirect, to the 
                                owner of any property conveyed 
                                under section 4(a) or damages 
                                from any loss of use or 
                                enjoyment of the property.
                    (C) Historical use.--The Secretary, the 
                purchaser, CFRA, and each subsequent owner of 
                each property shall covenant that future uses 
                of the property shall be limited to the type 
                and intensity of uses in existence on the date 
                of enactment of this Act, as limited by the 
                prohibitions contained in the annual operating 
                plan of the Bureau of Reclamation for the 
                Reservoir in effect on October 1, 1998.
    (c) Purchase Process.--
            (1) In general.--The Secretary shall--
                    (A) solicit sealed bids for the properties;
                    (B) subject to paragraph (2), sell the 
                properties to the bidder that submits the 
                highest bid above the minimum bid determined 
                under paragraph (2); and
                    (C) not accept any bid for less than all of 
                the properties in 1 transaction.
            (2) Minimum bid.--
                    (A) In general.--Before accepting bids, the 
                Secretary shall establish a minimum bid, which 
                shall be equal to the fair market value of the 
                properties determined by an appraisal of each 
                property, exclusive of the value of private 
                improvements made by the leaseholders before 
                the date of the conveyance, in conformance with 
                the Uniform Appraisal Standards for Federal 
                Land Acquisition.
                    (B) Fair market value.--Any dispute over 
                the fair market value of a property under 
                subparagraph (A) shall be resolved in 
                accordance with section 2201.4 of title 43, 
                Code of Federal Regulations.
            (3) Right of first refusal.--If the highest bidder 
        is other than CFRA, CFRA shall have the right to match 
        the highest bid and purchase the properties at a price 
        equal to the amount of the highest bid.
    (d) Terms of Conveyance.--
            (1) Purchaser.--If the highest bidder is other than 
        CFRA, and CFRA does not match the highest bid, the 
        following shall apply:
                    (A) Payment.--The purchaser shall pay the 
                amount bid to the Secretary for distribution in 
                accordance with section 6.
                    (B) Conveyance.--The Secretary shall convey 
                the properties to the purchaser.
                    (C) Option to purchase.--The purchaser 
                shall give each lessee of a property conveyed 
                under this section an option to purchase the 
                property at fair market value, as determined 
                under subsection (c)(2).
                    (D) Nonpurchasing lessees.--
                            (i) Right to continue lease.--A 
                        lessee that is unable or unwilling to 
                        purchase a property shall be provided 
                        the opportunity to continue to lease 
                        the property for fair market value rent 
                        under the same terms and conditions as 
                        apply under the existing lease for the 
                        property, and shall have the right to 
                        renew the term of the existing lease 
                        for 2 consecutive 5-year terms.
                            (ii) Compensation for 
                        improvements.--If a lessee declines to 
                        purchase a property, the purchaser 
                        shall compensate the lessee for the 
                        fair market value, as determined 
                        pursuant to customary appraisal 
                        procedures, of all improvements made to 
                        the property by the lessee. The lessee 
                        may sell the improvements to the 
                        purchaser at any time, but the sale 
                        shall be completed by the final 
                        termination of the lease, after all 
                        renewals under clause (i).
            (2) CFRA.--If CFRA is the highest bidder, or 
        matches the highest bid, the following shall apply:
                    (A) Closing.--On receipt of a purchase 
                request from a lessee or CFRA, the Secretary 
                shall close on the property and prepare all 
                other properties for closing within 45 days.
                    (B) Payment.--At the closing for a 
                property--
                            (i) the lessee or CFRA shall 
                        deliver to the Secretary payment for 
                        the property,which the Secretary shall 
distribute in accordance with section 6; and
                            (ii) the Secretary shall convey the 
                        property to the lessee or CFRA.
                    (C) Appraisal.--The Secretary shall 
                determine the purchase amount of each property 
                based on the appraisal conducted under 
                subsection (c)(2), the amount of the bid under 
                subsection (c)(1), and the proportionate share 
                of administrative costs pursuant to subsection 
                (e). The total purchase amount for all 
                properties shall equal the total bid amount 
                plus administrative costs under subsection (e).
                    (D) Timing.--CFRA and the lessees shall 
                purchase at least 75 percent of the properties 
                not later than August 1 of the year that begins 
                at least 12 months after title to the first 
                property is conveyed by the Secretary to a 
                lessee.
                    (E) Right to renew.--The Secretary shall 
                afford the lessees who have not purchased 
                properties under this section the right to 
                renew the term of the existing lease for 2 (but 
                not more than 2) consecutive 5-year terms.
                    (F) Reimbursement.--A lessee shall 
                reimburse CFRA for a proportionate share of the 
                costs to CFRA of completing the transactions 
                contemplated by this Act, including any 
                interest charges.
                    (G) Rental payments.--All rent received 
                from the leases shall be distributed by the 
                Secretary in accordance with section 6.
    (e) Administrative Costs.--Any reasonable administrative 
costs incurred by the Secretary, including the costs of survey 
and appraisals, incident to the conveyance under subsection (a) 
shall be reimbursed by the purchaser or CFRA.
    (f) Timing.--The Secretary shall make every effort to 
complete the conveyance under subsection (a) not later than 1 
year after the satisfaction of the condition established by 
section 8(b).
    (g) Closings.--Real estate closings to complete the 
conveyance under subsection (a) may be staggered to facilitate 
the conveyance as agreed to by the Secretary and the purchaser 
or CFRA.
    (h) Conveyance to Lessee.--If a lessee purchases a property 
from the purchaser or CFRA, the Secretary, at the request of 
the lessee, shall have the conveyance documents prepared in the 
name or names of the lessee so as to minimize the amount of 
time and number of documents required to complete the closing 
for the property.

SEC. 1005. AGREEMENT.

    (a) Management of Silo's Campground.--Not later than 180 
days after the date of enactment of this Act, the Secretary, 
acting through the Commissioner of Reclamation, shall--
            (1) offer to contract with the Commissioners to 
        manage the Silo's campground;
            (2) enter into such a contract if agreed to by the 
        Secretary and the Commissioners; and
            (3) grant necessary easements for access roads 
        within and adjacent to the Silo's campground.
    (b) Concession Income.--Any income generated by any 
concession that may be granted by the Commissioners at the 
Silo's recreation area--
            (1) shall be deposited in the Canyon Ferry-
        Broadwater County Trust; and
            (2) may be disbursed by the Canyon Ferry-Broadwater 
        County Trust manager as part of the income of the 
        Trust.

SEC. 1006. USE OF PROCEEDS.

    Notwithstanding any other provision of law, proceeds of 
conveyances under this Act shall be available, without further 
Act of appropriation, as follows:
            (1) 10 percent of the proceeds shall be applied by 
        the Secretary of the Treasury to reduce the outstanding 
        debt for the Pick-Sloan project at the Reservoir.
            (2) 90 percent of the proceeds shall be deposited 
        in the Montana Fish and Wildlife Conservation Trust.

SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.

    (a) Establishment.--The Secretary, in consultation with the 
State congressional delegation and the Governor of the State, 
shall establish a nonprofit charitable permanent perpetual 
public trust in the State, to be known as the ``Montana Fish 
and Wildlife Conservation Trust'' (referred to in this section 
as the ``Trust'').
    (b) Purpose.--The purpose of the Trust shall be to provide 
a permanent source of funding to acquire publicly accessible 
land and interests in land, including easements and 
conservation easements, in the State from willing sellers at 
fair market value to--
            (1) restore and conserve fisheries habitat, 
        including riparian habitat;
            (2) restore and conserve wildlife habitat;
            (3) enhance public hunting, fishing, and 
        recreational opportunities; and
            (4) improve public access to public land.
    (c) Administration.--
            (1) Trust manager.--The Trust shall be managed by a 
        trust manager, who--
                    (A) shall be responsible for investing the 
                corpus of the Trust; and
                    (B) shall disburse funds from the Trust on 
                receiving a request for disbursement from a 
                majority of the members of the Joint State-
                Federal Agency Board established under 
                paragraph (2) and after determining, in 
                consultation with the Citizen Advisory Board 
                established under paragraph (3) and after 
                consideration of any comments submitted by 
                members of the public, that the request meets 
                the purpose of the Trust under subsection (b) 
                and the requirements of subsections (d) and 
                (e).
            (2) Joint state-federal agency board.--
                    (A) Establishment.--There is established a 
                Joint State-Federal Agency Board, which shall 
                consist of--
                            (i) 1 Forest Service employee 
                        employed in the State designated by the 
                        Forest Service;
                            (ii) 1 Bureau of Land Management 
                        employee employed in the State 
                        designated by the Bureau of Land 
                        Management;
                            (iii) 1 Bureau of Reclamation 
                        employee employed in the State 
                        designated by the Bureau of 
                        Reclamation;
                            (iv) 1 United States Fish and 
                        Wildlife Service employee employed in 
                        the State designated by the United 
                        States Fish and Wildlife Service; and
                            (v) 1 Montana Department of Fish, 
                        Wildlife and Parks employee designated 
                        by the Department.
                    (B) Requests for disbursement.--After 
                consulting with the Citizen Advisory Board 
                established under paragraph (3) and after 
                consideration of the Trust plan prepared under 
                paragraph (3)(C) and of any comments or 
                requests submitted by members of the public, 
                the Joint State-Federal Agency Board, by a vote 
                of a majority of its members, may submit to the 
                Trust Manager a request for disbursement if the 
                Board determines that the request meets the 
                purpose of the Trust.
            (3) Citizen advisory board.--
                    (A) In general.--The Secretary shall 
                nominate, and the Joint State-Federal 
AgencyBoard shall approve by a majority vote, a Citizen Advisory Board.
                    (B) Membership.--The Citizen Advisory Board 
                shall consist of 4 members, including 1 with a 
                demonstrated commitment to improving public 
                access to public land and to fish and wildlife 
                conservation, from each of--
                            (i) a Montana organization 
                        representing agricultural landowners;
                            (ii) a Montana organization 
                        representing hunters;
                            (iii) a Montana organization 
                        representing fishermen; and
                            (iv) a Montana nonprofit land trust 
                        or environmental organization.
                    (C) Duties.--The Citizen Advisory Board, in 
                consultation with the Joint State-Federal 
                Agency Board and the Montana Association of 
                Counties, shall prepare and periodically update 
                a Trust plan including recommendations for 
                requests for disbursement by the Joint State-
                Federal Agency Board.
                    (D) Objectives of plan.--The Trust plan 
                shall be designed to maximize the effectiveness 
                of Montana Fish and Wildlife Conservation Trust 
                expenditures considering--
                            (i) public needs and requests;
                            (ii) availability of property;
                            (iii) alternative sources of 
                        funding; and
                            (iv) availability of matching 
                        funds.
            (4) Public notice and comment.--Before requesting 
        any disbursements under paragraph (2), the Joint State-
        Federal Agency Board shall--
                    (A) notify members of the public, including 
                local governments; and
                    (B) provide opportunity for public comment.
    (d) Use.--
            (1) Principal.--The principal of the Trust shall be 
        inviolate.
            (2) Earnings.--Earnings on amounts in the Trust 
        shall be used to carry out subsection (b) and to 
        administer the Trust and Citizen Advisory Board.
            (3) Local purposes.--Not more than 50 percent of 
        the income from the Trust in any year shall be used 
        outside the watershed of the Missouri River in the 
        State, from Holter Dam upstream to the confluence of 
        the Jefferson River, Gallatin River, and Madison River.
    (e) Management.--Land and interests in land acquired under 
this section shall be managed for the purpose described in 
subsection (b).

SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST.

    (a) Establishment.--The Commissioners shall establish a 
nonprofit charitable permanent perpetual public trust to be 
known as the ``Canyon Ferry-Broadwater County Trust'' (referred 
to in this section as the ``Trust'').
    (b) Priority of Trust Establishment.--
            (1) Condition to sale.--No sale of property under 
        section 4 shall be made until at least $3,000,000, or a 
        lesser amount as offset by in-kind contributions made 
        before full funding of the trust, is deposited as the 
        initial corpus of the Trust.
            (2) In-kind contributions.--
                    (A) In general.--In-kind contributions--
                            (i) shall be approved in advance by 
                        the Commissioners;
                            (ii) shall be made in Broadwater 
                        County;
                            (iii) shall be related to the 
                        improvement of access to the portions 
                        of the Reservoir lying within 
                        Broadwater County orto the creation and 
improvement of new and existing recreational areas within Broadwater 
County; and
                            (iv) shall not include any 
                        contribution made by Broadwater County.
                    (B) Approval.--Approval by the 
                Commissioners of an in-kind contribution under 
                subparagraph (A) shall include approval of the 
                value, nature, and type of the contribution and 
                of the entity that makes the contribution.
            (3) Interest.--Notwithstanding any other provision 
        of this Act, all interest earned on the principal of 
        the Trust shall be reinvested and considered part of 
        its corpus until the condition stated in paragraph (1) 
        is met.
    (c) Trust Management.--
            (1) Trust manager.--The Trust shall be managed by a 
        nonprofit foundation or other independent trustee to be 
        selected by the Commissioners.
            (2) Use.--The Trust manager shall invest the corpus 
        of the Trust and disburse funds as follows:
                    (A) Principal.--A sum not to exceed 
                $500,000 may be expended from the corpus to pay 
                for the planning and construction of a harbor 
                at the Silo's recreation area.
                    (B) Interest.--The balance of the Trust 
                shall be held and the income shall be expended 
                annually for the improvement of access to the 
                portions of the Reservoir lying within 
                Broadwater County, Montana, and for the 
                creation and improvement of new and existing 
                recreational areas within Broadwater County.
            (3) Disbursement.--The Trust manager--
                    (A) shall approve or reject any request for 
                disbursement; and
                    (B) shall not make any expenditure except 
                on the recommendation of the advisory committee 
                established under subsection (d).
    (d) Advisory Committee.--
            (1) Establishment.--The Commissioners shall appoint 
        an advisory committee consisting of not fewer than 3 
        nor more than 5 persons.
            (2) Duties.--The advisory committee shall meet on a 
        regular basis to establish priorities and make requests 
        for the disbursement of funds to the Trust manager.
            (3) Approval by the commissioners.--The advisory 
        committee shall recommend only such expenditures as are 
        approved by the Commissioners.
    (e) No Offset.--Neither the corpus nor the income of the 
Trust shall be used to reduce or replace the regular operating 
expenses of the Secretary at the Reservoir, unless approved by 
the Commissioners.

SEC. 1009. AUTHORIZATION.

    (a) In General.--The Secretary is authorized to--
            (1) investigate, plan, construct, operate, and 
        maintain public recreational facilities on land 
        withdrawn or acquired for the development of the 
        project;
            (2) conserve the scenery, the natural historic, 
        paleontologic, and archaeologic objects, and the 
        wildlife on the land;
            (3) provide for public use and enjoyment of the 
        land and of the water areas created by the project by 
        such means as are consistent with but subordinate to 
        the purposes of the project; and
            (4) investigate, plan, construct, operate, and 
        maintain facilities for the conservation of fish and 
        wildlife resources.
    (b) Costs.--The costs (including operation and maintenance 
costs) of carrying out subsection (a) shall be nonreimbursable 
and nonreturnable under Federal reclamation law.

                 TITLE XI--MORATORIUM ON CERTAIN TAXES

SEC. 1100. SHORT TITLE.

      This title may be cited as the ``Internet Tax Freedom 
Act''.

SEC. 1101. MORATORIUM.

      (a) Moratorium.--No State or political subdivision 
thereof shall impose any of the following taxes during the 
period beginning on October 1, 1998, and ending 3 years after 
the date of the enactment of this Act--
            (1) taxes on Internet access, unless such tax was 
        generally imposed and actually enforced prior to 
        October 1, 1998; and
            (2) multiple or discriminatory taxes on electronic 
        commerce.
      (b) Preservation of State and Local Taxing Authority.--
Except as provided in this section, nothing in this title shall 
be construed to modify, impair, or supersede, or authorize the 
modification, impairment, or superseding of, any State or local 
law pertaining to taxation that is otherwise permissible by or 
under the Constitution of the United States or other Federal 
law and in effect on the date of enactment of this Act.
      (c) Liabilities and Pending Cases.--Nothing in this title 
affects liability for taxes accrued and enforced before the 
date of enactment of this Act, nor does this title affect 
ongoing litigation relating to such taxes.
      (d) Definition of Generally Imposed and Actually 
Enforced.--For purposes of this section, a tax has been 
generally imposed and actually enforced prior to October 1, 
1998, if, before that date, the tax was authorized by statute 
and either--
            (1) a provider of Internet access services had a 
        reasonable opportunity to know by virtue of a rule or 
        other public proclamation made by the appropriate 
        administrative agency of the State or political 
        subdivision thereof, that such agency has interpreted 
        and applied such tax to Internet access services; or
            (2) a State or political subdivision thereof 
        generally collected such tax on charges for Internet 
        access.
      (e) Exception to Moratorium.--
            (1) In general.--Subsection (a) shall also not 
        apply in the case of any person or entity who knowingly 
        and with knowledge of the character of the material, in 
        interstate or foreign commerce by means of the World 
        Wide Web, makes any communication for commercial 
        purposes that is available to any minor and that 
        includes any material that is harmful to minors unless 
        such person or entity has restricted access by minors 
        to material that is harmful to minors--
                    (A) by requiring use of a credit card, 
                debit account, adult access code, or adult 
                personal identification number;
                    (B) by accepting a digital certificate that 
                verifies age; or
                    (C) by any other reasonable measures that 
                are feasible under available technology.
            (2) Scope of exception.--For purposes of paragraph 
        (1), a person shall not be considered to making a 
        communication for commercial purposes of material to 
        the extent that the person is--
                    (A) a telecommunications carrier engaged in 
                the provision of a telecommunications service;
                    (B) a person engaged in the business of 
                providing an Internet access service;
                    (C) a person engaged in the business of 
                providing an Internet information location 
                tool; or
                    (D) similarly engaged in the transmission, 
                storage, retrieval, hosting, formatting, or 
                translation (or any combination thereof) of a 
                communication made by another person, without 
                selection or alteration of the communication.
            (3) Definitions.--In this subsection:
                    (A) By means of the world wide web.--The 
                term ``by means of the World Wide Web'' means 
                by placement of material in a computer server-
                based file archive so that it is publicly 
                accessible, over the Internet, using hypertext 
                transfer protocol, file transfer protocol, or 
                other similar protocols.
                    (B) Commercial purposes; engaged in the 
                business.--
                            (i) Commercial purposes.--A person 
                        shall be considered to make a 
                        communication for commercial purposes 
                        only if such person is engaged in the 
                        business of making such communications.
                            (ii) Engaged in the business.--The 
                        term ``engaged in the business'' means 
                        that the person who makes a 
                        communication, or offers to make a 
                        communication, by means of the World 
                        Wide Web, that includes any material 
                        that is harmful to minors, devotes 
                        time, attention, or labor to such 
                        activities, as a regular course of 
suchperson's trade or business, with the objective of earning a profit 
as a result of such activities (although it is not necessary that the 
person make a profit or that the making or offering to make such 
communications be the person's sole or principal business or source of 
income). A person may be considered to be engaged in the business of 
making, by means of the World Wide Web, communications for commercial 
purposes that include material that is harmful to minors, only if the 
person knowingly causes the material that is harmful to minors to be 
posted on the World Wide Web or knowingly solicits such material to be 
posted on the World Wide Web.
                    (C) Internet.--The term ``Internet'' means 
                collectively the myriad of computer and 
                telecommunications facilities, including 
                equipment and operating software, which 
                comprise the interconnected world-wide network 
                of networks that employ the Transmission 
                Control Protocol/Internet Protocol, or any 
                predecessor or successor protocols to such 
                protocol, to communicate information of all 
                kinds by wire or radio.
                    (D) Internet access service.--The term 
                ``Internet access service'' means a service 
                that enables users to access content, 
                information, electronic mail, or other services 
                offered over the Internet and may also include 
                access to proprietary content, information, and 
                other services as part of a package of services 
                offered to consumers. Such term does not 
                include telecommunications services.
                    (E) Internet information location tool.--
                The term ``Internet information location tool'' 
                means a service that refers or links users to 
                an online location on the World Wide Web. Such 
                term includes directories, indices, references, 
                pointers, and hypertext links.
                    (F) Material that is harmful to minors.--
                The term ``material that is harmful to minors'' 
                means any communication, picture, image, 
                graphic image file, article, recording, 
                writing, or other matter of any kind that is 
                obscene or that--
                            (i) the average person, applying 
                        contemporary community standards, would 
                        find, taking the material as a whole 
                        and with respect to minors, is designed 
                        to appeal to, or is designed to pander 
                        to, the prurient interest;
                            (ii) depicts, describes, or 
                        represents, in a manner patently 
                        offensive with respect to minors, an 
                        actual or simulated sexual act or 
                        sexual contact, an actual or simulated 
                        normal or perverted sexual act, or a 
                        lewd exhibition of the genitals or 
                        post-pubescent female breast; and
                            (iii) taken as a whole, lacks 
                        serious literary, artistic, political, 
                        or scientific value for minors.
                    (G) Minor.--The term ``minor'' means any 
                person under 17 years of age.
                    (H) Telecommunications carrier; 
                telecommunications service.--The terms 
                ``telecommunications carrier'' and 
                ``telecommunications service'' have the 
                meanings given such terms in section 3 of the 
                Communications Act of 1934 (47 U.S.C. 153).
      (f) Additional Exception to Moratorium.--
            (1) In general.--Subsection (a) shall also not 
        apply with respect to an Internet access 
provider,unless, at the time of entering into an agreement with a 
customer for the provision of Internet access services, such provider 
offers such customer (either for a fee or at no charge) screening 
software that is designed to permit the customer to limit access to 
material on the Internet that is harmful to minors.
            (2) Definitions.--In this subsection:
                    (A) Internet access provider.--The term 
                ``Internet access provider'' means a person 
                engaged in the business of providing a computer 
                and communications facility through which a 
                customer may obtain access to the Internet, but 
                does not include a common carrier to the extent 
                that it provides only telecommunications 
                services.
                    (B) Internet access services.--The term 
                ``Internet access services'' means the 
                provision of computer and communications 
                services through which a customer using a 
                computer and a modem or other communications 
                device may obtain access to the Internet, but 
                does not include telecommunications services 
                provided by a common carrier.
                    (C) Screening software.--The term 
                ``screening software'' means software that is 
                designed to permit a person to limit access to 
                material on the Internet that is harmful to 
                minors.
            (3) Applicability.--Paragraph (1) shall apply to 
        agreements for the provision of Internet access 
        services entered into on or after the date that is 6 
        months after the date of enactment of this Act.

SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.

    (a) Establishment of Commission.--There is established a 
commission to be known as the Advisory Commission on Electronic 
Commerce (in this title referred to as the ``Commission''). The 
Commission shall--
            (1) be composed of 19 members appointed in 
        accordance with subsection (b), including the 
        chairperson who shall be selected by the members of the 
        Commission from among themselves; and
            (2) conduct its business in accordance with the 
        provisions of this title.
    (b) Membership.--
            (1) In general.--The Commissioners shall serve for 
        the life of the Commission. The membership of the 
        Commission shall be as follows:
                    (A) 3 representatives from the Federal 
                Government, comprised of the Secretary of 
                Commerce, the Secretary of the Treasury, and 
                the United States Trade Representative (or 
                their respective delegates).
                    (B) 8 representatives from State and local 
                governments (one such representative shall be 
                from a State or local government that does not 
                impose a sales tax and one representative shall 
                be from a State that does not impose an income 
                tax).
                    (C) 8 representatives of the electronic 
                commerce industry (including small business), 
                telecommunications carriers, local retail 
                businesses, and consumer groups, comprised of--
                            (i) 5 individuals appointed by the 
                        Majority Leader of the Senate;
                            (ii) 3 individuals appointed by the 
                        Minority Leader of the Senate;
                            (iii) 5 individuals appointed by 
                        the Speaker of the House of 
                        Representatives; and
                            (iv) 3 individuals appointed by the 
                        Minority Leader of the House of 
                        Representatives.
            (2) Appointments.--Appointments to the Commission 
        shall be made not later than 45 days after the date of 
        the enactment of this Act. The chairperson shall be 
        selected not later than 60 days after the date of the 
        enactment of this Act.
            (3) Vacancies.--Any vacancy in the Commission shall 
        not affect its powers, but shall be filled in the same 
        manner as the original appointment.
    (c) Acceptance of Gifts and Grants.--The Commission may 
accept, use, and dispose of gifts or grants of services or 
property, both real and personal, for purposes of aiding or 
facilitating the work of the Commission. Gifts or grants not 
used at the expiration of the Commission shall be returned to 
the donor or grantor.
    (d) Other Resources.--The Commission shall have reasonable 
access to materials, resources, data, and other information 
from the Department of Justice, the Department of Commerce, the 
Department of State, the Department of the Treasury, and the 
Office of the United States Trade Representative. The 
Commission shall also have reasonable access to use the 
facilities of any such Department or Office for purposes of 
conducting meetings.
    (e) Sunset.--The Commission shall terminate 18 months after 
the date of the enactment of this Act.
    (f) Rules of the Commission.--
            (1) Quorum.--Nine members of the Commission shall 
        constitute a quorum for conducting the business of the 
        Commission.
            (2) Meetings.--Any meetings held by the Commission 
        shall be duly noticed at least 14 days in advance and 
        shall be open to the public.
            (3) Opportunities to testify.--The Commission shall 
        provide opportunities for representatives of the 
        general public, taxpayer groups, consumer groups, and 
        State and local government officials to testify.
            (4) Additional rules.--The Commission may adopt 
        other rules as needed.
    (g) Duties of the Commission.--
            (1) In general.--The Commission shall conduct a 
        thorough study of Federal, State and local, and 
        international taxation and tariff treatment of 
        transactions using the Internet and Internet access and 
        other comparable intrastate, interstate or 
        international sales activities.
            (2) Issues to be studied.--The Commission may 
        include in the study under subsection (a)--
                    (A) an examination of--
                            (i) barriers imposed in foreign 
                        markets on United States providers of 
                        property, goods, services, or 
                        information engaged in electronic 
                        commerce and on United States providers 
                        of telecommunications services; and
                            (ii) how the imposition of such 
                        barriers will affect United States 
                        consumers, the competitiveness of 
                        United States citizens providing 
                        property, goods, services, or 
                        information in foreign markets, and the 
                        growth and maturing of the Internet;
                    (B) an examination of the collection and 
                administration of consumption taxes on 
                electronic commerce in other countries and the 
                United States, and the impact of such 
                collection on the global economy, including an 
                examination of the relationship between the 
                collection and administration of such taxes 
                when the transaction uses the Internet and when 
                it does not;
                    (C) an examination of the impact of the 
                Internet and Internet access (particularly 
                voice transmission) on the revenue base for 
                taxes imposed under section 4251 of the 
                Internal Revenue Code of 1986;
                    (D) an examination of model State 
                legislation that--
                            (i) would provide uniform 
                        definitions of categories of property, 
                        goods, service, or information subject 
                        to or exempt from sales and use taxes; 
                        and
                            (ii) would ensure that Internet 
                        access services, online services, and 
                        communications and transactions using 
                        the Internet, Internet access service, 
                        or online services would be treated in 
                        a tax and technologically neutral 
                        manner relative to other forms of 
                        remote sales;
                    (E) an examination of the effects of 
                taxation, including the absence of taxation, on 
                all interstate sales transactions, including 
                transactions using the Internet, on retail 
                businesses and on State and local governments, 
                which examination may include a review of the 
                efforts of State and local governments to 
                collect sales and use taxes owed on in-State 
                purchases from out-of-State sellers; and
                    (F) the examination of ways to simplify 
                Federal and State and local taxes imposed on 
                the provision of telecommunications services.
            (3) Effect on the communications act of 1934.--
        Nothing in this section shall include an examination of 
        any fees or charges imposed by the Federal 
        Communications Commission or States related to--
                    (A) obligations under the Communications 
                Act of 1934 (47 U.S.C. 151 et seq.); or
                    (B) the implementation of the 
                Telecommunications Act of 1996 (or of 
                amendments made by that Act).
      (h) National Tax Association Communications and 
Electronic Commerce Tax Project.--The Commission shall, to the 
extent possible, ensure that its work does not undermine the 
efforts of the National Tax Association Communications and 
Electronic Commerce Tax Project.

SEC. 1103. REPORT.

      Not later than 18 months after the date of the enactment 
of this Act, the Commission shall transmit to Congress for its 
consideration a report reflecting the results, including such 
legislative recommendations as required to address the findings 
of the Commission's study under this title. Any recommendation 
agreed to by the Commission shall be tax and technologically 
neutral and apply to all forms of remote commerce. No finding 
or recommendation shall be included in the report unless agreed 
to by at least two-thirds of the members of the Commission 
serving at the time the finding or recommendation is made.

SEC. 1104. DEFINITIONS.

      For the purposes of this title:
            (1) Bit tax.--The term ``bit tax'' means any tax on 
        electronic commerce expressly imposed on or measured by 
        the volume of digital information transmitted 
        electronically, or the volume of digital information 
        per unit of time transmitted electronically, but does 
        not include taxes imposed on the provision of 
        telecommunications services.
            (2) Discriminatory tax.--The term ``discriminatory 
        tax'' means--
                    (A) any tax imposed by a State or political 
                subdivision thereof on electronic commerce 
                that--
                            (i) is not generally imposed and 
                        legally collectible by such State or 
                        such political subdivision on 
                        transactions involving similar 
                        property, goods, services, or 
                        information accomplished through other 
                        means;
                            (ii) is not generally imposed and 
                        legally collectible at the same rate by 
                        such State or such political 
                        subdivision on transactions involving 
                        similar property, goods, services, or 
                        information accomplished through other 
                        means, unless the rate is lower as part 
                        of a phase-out of the tax over not more 
                        than a 5-year period;
                            (iii) imposes an obligation to 
                        collect or pay the tax on a different 
                        person or entity than in the case of 
                        transactions involving similar 
                        property, goods, services, or 
                        information accomplished through other 
                        means;
                            (iv) establishes a classification 
                        of Internet access service providers or 
                        online service providers for purposes 
                        of establishing a higher tax rate to be 
                        imposed on such providers than the tax 
                        rate generally applied to providers of 
                        similar information services delivered 
                        through other means; or
                    (B) any tax imposed by a State or political 
                subdivision thereof, if--
                            (i) except with respect to a tax 
                        (on Internet access) that was generally 
                        imposed and actually enforced prior to 
                        October 1, 1998, the sole ability to 
                        access a site on a remote seller's out-
                        of-State computer server is considered 
                        a factor in determininga remote 
seller's tax collection obligation; or
                            (ii) a provider of Internet access 
                        service or online services is deemed to 
                        be the agent of a remote seller for 
                        determining tax collection obligations 
                        solely as a result of--
                                    (I) the display of a remote 
                                seller's information or content 
                                on the out-of-State computer 
                                server of a provider of 
                                Internet access service or 
                                online services; or
                                    (II) the processing of 
                                orders through the out-of-State 
                                computer server of a provider 
                                of Internet access service or 
                                online services.
            (3) Electronic commerce.--The term ``electronic 
        commerce'' means any transaction conducted over the 
        Internet or through Internet access, comprising the 
        sale, lease, license, offer, or delivery of property, 
        goods, services, or information, whether or not for 
        consideration, and includes the provision of Internet 
        access.
            (4) Internet.--The term ``Internet'' means 
        collectively the myriad of computer and 
        telecommunications facilities, including equipment and 
        operating software, which comprise the interconnected 
        world-wide network of networks that employ the 
        Transmission Control Protocol/Internet Protocol, or any 
        predecessor or successor protocols to such protocol, to 
        communicate information of all kinds by wire or radio.
            (5) Internet access.--The term ``Internet access'' 
        means a service that enables users to access content, 
        information, electronic mail, or other services offered 
        over the Internet, and may also include access to 
        proprietary content, information, and other services as 
        part of a package of services offered to users. Such 
        term does not include telecommunications services.
            (6) Multiple tax.--
                    (A) In general.--The term ``multiple tax'' 
                means any tax that is imposed by one State or 
                political subdivision thereof on the same or 
                essentially the same electronic commerce that 
                is also subject to another tax imposed by 
                another State or political subdivision thereof 
                (whether or not at the same rate or on the same 
                basis), without a credit (for example, a resale 
                exemption certificate) for taxes paid in other 
                jurisdictions.
                    (B) Exception.--Such term shall not include 
                a sales or use tax imposed by a State and 1 or 
                more political subdivisions thereof on the same 
                electronic commerce or a tax on persons engaged 
                in electronic commerce which also may have been 
                subject to a sales or use tax thereon.
                    (C) Sales or use tax.--For purposes of 
                subparagraph (B), the term ``sales or use tax'' 
                means a tax that is imposed on or incident to 
                the sale, purchase, storage, consumption, 
                distribution, or other use of tangible personal 
                property or services as may be defined by laws 
                imposing such tax and which is measured by the 
                amount of the sales price or other charge for 
                such property or service.
            (7) State.--The term ``State'' means any of the 
        several States, the District of Columbia, or any 
        commonwealth, territory, or possession of the United 
        States.
            (8) Tax.--
                    (A) In general.--The term ``tax'' means--
                            (i) any charge imposed by any 
                        governmental entity for the purpose of 
                        generating revenues for governmental 
                        purposes, and is not a fee imposed for 
                        a specific privilege, service, or 
                        benefit conferred; or
                            (ii) the imposition on a seller of 
                        an obligation to collect and to remit 
                        to a governmental entity any sales or 
                        use tax imposed on a buyer by a 
                        governmental entity.
                    (B) Exception.--Such term does not include 
                any franchise fee or similar fee imposed by a 
                State or local franchising authority, pursuant 
                to section 622 or 653 of the Communications Act 
                of 1934 (47 U.S.C. 542, 573), or any other fee 
                related to obligations or telecommunications 
                carriers under the Communications Act of 1934 
                (47 U.S.C. 151 et seq.).
            (9) Telecommunications service.--The term 
        ``telecommunications service'' has the meaning given 
        such term in section 3(46) of the Communications Act of 
        1934 (47 U.S.C. 153(46)) and includes communications 
        services (as defined in section 4251 of the Internal 
        Revenue Code of 1986).
            (10) Tax on internet access.--The term ``tax on 
        Internet access'' means a tax on Internet access, 
        including the enforcement or application of any new or 
        preexisting tax on the sale or use of Internet services 
        unless such tax was generally imposed and actually 
        enforced prior to October 1, 1998.

                      TITLE XII--OTHER PROVISIONS

SEC. 1201. DECLARATION THAT INTERNET SHOULD BE FREE OF NEW FEDERAL 
                    TAXES.

    It is the sense of Congress that no new Federal taxes 
similar to the taxes described in section 1101(a) should be 
enacted with respect to the Internet and Internet access during 
the moratorium provided in such section.

SEC. 1202. NATIONAL TRADE ESTIMATE.

    Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``and'' at the end 
                        of clause (i);
                            (ii) by inserting ``and'' at the 
                        end of clause (ii); and
                            (iii) by inserting after clause 
                        (ii) the following new clause:
                            ``(iii) United States electronic 
                        commerce,''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``and'' at the end 
                        of clause (i);
                            (ii) by inserting ``and'' at the 
                        end of clause (ii);
                            (iii) by inserting after clause 
                        (ii) the following new clause:
                            ``(iii) the value of additional 
                        United States electronic commerce,''; 
                        and
                            (iv) by inserting ``or transacted 
                        with,'' after ``or invested in'';
            (2) in subsection (a)(2)(E)--
                    (A) by striking ``and'' at the end of 
                clause (i);
                    (B) by inserting ``and'' at the end of 
                clause (ii); and
                    (C) by inserting after clause (ii) the 
                following new clause:
                            ``(iii) the value of electronic 
                        commerce transacted with,''; and
            (3) by adding at the end the following new 
        subsection:
    ``(d) Electronic Commerce.--For purposes of this section, 
the term `electronic commerce' has the meaning given that term 
in section 1104(3) of the Internet Tax Freedom Act.''.

SEC. 1203. DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN 
                    TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS.

    (a) In General.--It is the sense of Congress that the 
President should seek bilateral, regional, and multilateral 
agreements to remove barriers to global electronic commerce 
through the World Trade Organization, the Organization for 
Economic Cooperation and Development, the Trans-Atlantic 
Economic Partnership, the Asia Pacific Economic Cooperation 
forum, the Free Trade Area of the America, the North American 
Free Trade Agreement, and other appropriate venues.
    (b) Negotiating Objectives.--The negotiating objectives of 
the United States shall be--
            (1) to assure that electronic commerce is free 
        from--
                    (A) tariff and nontariff barriers;
                    (B) burdensome and discriminatory 
                regulation and standards; and
                    (C) discriminatory taxation; and
            (2) to accelerate the growth of electronic commerce 
        by expanding market access opportunities for--
                    (A) the development of telecommunications 
                infrastructure;
                    (B) the procurement of telecommunications 
                equipment;
                    (C) the provision of Internet access and 
                telecommunications services; and
                    (D) the exchange of goods, services, and 
                digitalized information.
    (c) Electronic Commerce.--For purposes of this section, the 
term ``electronic commerce'' has the meaning given that term in 
section 1104(3).

SEC. 1204. NO EXPANSION OF TAX AUTHORITY.

    Nothing in this title shall be construed to expand the duty 
of any person to collect or pay taxes beyond that which existed 
immediately before the date of the enactment of this Act.

SEC. 1205. PRESERVATION OF AUTHORITY.

    Nothing in this title shall limit or otherwise affect the 
implementation of the Telecommunications Act of 1996 (Public 
Law 104-104) or the amendments made by such Act.

SEC. 1206. SEVERABILITY.

    If any provision of this title, or any amendment made by 
this title, or the application of that provision to any person 
or circumstance, is held by a court of competent jurisdiction 
to violate any provision of the Constitution of the United 
States, then the other provisions of that title, and the 
application of that provision to other persons and 
circumstances, shall not be affected.

            TITLE XIII--CHILDREN'S ONLINE PRIVACY PROTECTION

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Children's Online Privacy 
Protection Act of 1998''.

SEC. 1302. DEFINITIONS.

    In this title:
            (1) Child.--The term ``child'' means an individual 
        under the age of 13.
            (2) Operator.--The term ``operator''--
                    (A) means any person who operates a website 
                located on the Internet or an online service 
                and who collects or maintains personal 
                information from or about the users of or 
                visitors to such website or online service, or 
                on whose behalf such information is collected 
                or maintained, where such website or online 
                service is operated for commercial purposes, 
                including any person offering products or 
                services for sale through that website or 
                online service, involving commerce--
                            (i) among the several States or 
                        with 1 or more foreign nations;
                            (ii) in any territory of the United 
                        States or in the District of Columbia, 
                        or between any such territory and--
                                    (I) another such territory; 
                                or
                                    (II) any State or foreign 
                                nation; or
                            (iii) between the District of 
                        Columbia and any State, territory, or 
                        foreign nation; but
                    (B) does not include any nonprofit entity 
                that would otherwise be exempt from coverage 
                under section 5 of the Federal Trade Commission 
                Act (15 U.S.C. 45).
            (3) Commission.--The term ``Commission'' means the 
        Federal Trade Commission.
            (4) Disclosure.--The term ``disclosure'' means, 
        with respect to personal information--
                    (A) the release of personal information 
                collected from a child in identifiable form by 
                an operator for any purpose, except where such 
                information is provided to a person other than 
                the operator who provides support for the 
                internal operations of the website and does not 
                disclose or use that information for any other 
                purpose; and
                    (B) making personal information collected 
                from a child by a website or online service 
                directed to children or with actual knowledge 
                that such information was collected from a 
                child, publicly available in identifiable form, 
                by any means including by a public posting, 
                through the Internet, or through--
                            (i) a home page of a website;
                            (ii) a pen pal service;
                            (iii) an electronic mail service;
                            (iv) a message board; or
                            (v) a chat room.
            (5) Federal agency.--The term ``Federal agency'' 
        means an agency, as that term is defined in section 
        551(1) of title 5, United States Code.
            (6) Internet.--The term ``Internet'' means 
        collectively the myriad of computer and 
        telecommunications facilities, including equipment and 
        operating software, which comprise the interconnected 
        world-wide network of networks that employ the 
        Transmission Control Protocol/Internet Protocol, or any 
        predecessor or successor protocols to such protocol, to 
        communicate information of all kinds by wire or radio.
            (7) Parent.--The term ``parent'' includes a legal 
        guardian.
            (8) Personal information.--The term ``personal 
        information'' means individually identifiable 
        information about an individual collected online, 
        including--
                    (A) a first and last name;
                    (B) a home or other physical address 
                including street name and name of a city or 
                town;
                    (C) an e-mail address;
                    (D) a telephone number;
                    (E) a Social Security number;
                    (F) any other identifier that the 
                Commission determines permits the physical or 
                online contacting of a specific individual; or
                    (G) information concerning the child or the 
                parents of that child that the website collects 
                online from the child and combines with an 
                identifier described in this paragraph.
            (9) Verifiable parental consent.--The term 
        ``verifiable parental consent'' means any reasonable 
        effort (taking into consideration available 
        technology), including a request for authorization for 
        future collection, use, and disclosure described in the 
        notice, to ensure that a parent of a child receives 
        notice of the operator's personal information 
        collection, use, and disclosure practices, and 
        authorizes the collection, use, and disclosure, as 
        applicable, of personal information and the subsequent 
        use of that information before that information is 
        collected from that child.
            (10) Website or online service directed to 
        children.--
                    (A) In general.--The term ``website or 
                online service directed to children'' means--
                            (i) a commercial website or online 
                        service that is targeted to children; 
                        or
                            (ii) that portion of a commercial 
                        website or online service that is 
                        targeted to children.
                    (B) Limitation.--A commercial website or 
                online service, or a portion of a commercial 
                website or online service, shall not be deemed 
                directed to children solely for referring or 
                linking to a commercial website or online 
                service directed to children by using 
                information location tools, including a 
                directory, index, reference, pointer, or 
                hypertext link.
            (11) Person.--The term ``person'' means any 
        individual, partnership, corporation, trust, estate, 
        cooperative, association, or other entity.
            (12) Online contact information.--The term ``online 
        contact information'' means an e-mail address or 
        another substantially similar identifier that permits 
        direct contact with a person online.

SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN 
                    CONNECTION WITH THE COLLECTION AND USE OF PERSONAL 
                    INFORMATION FROM AND ABOUT CHILDREN ON THE 
                    INTERNET.

      (a) Acts Prohibited.--
            (1) In general.--It is unlawful for an operator of 
        a website or online service directed to children, or 
        any operator that has actual knowledge that it is 
        collecting personal information from a child, to 
        collect personal information from a child in a manner 
        that violates the regulations prescribed under 
        subsection (b).
            (2) Disclosure to parent protected.--
        Notwithstanding paragraph (1), neither an operator of 
        such a website or online service nor the operator's 
        agent shall be held to be liable under any Federal or 
        State law for any disclosure made in good faith and 
        following reasonable procedures in responding to a 
        request for disclosure of personal information under 
        subsection (b)(1)(B)(iii) to the parent of a child.
      (b) Regulations.--
            (1) In general.--Not later than 1 year after the 
        date of the enactment of this Act, the Commission shall 
        promulgate under section 553 of title 5, United States 
        Code, regulations that--
                    (A) require the operator of any website or 
                online service directed to children that 
                collects personal information from children or 
                the operator of a website or online service 
                that has actual knowledge that it is collecting 
                personal information from a child--
                            (i) to provide notice on the 
                        website of what information is 
                        collected from children by the 
                        operator, how the operator uses such 
                        information, and the operator's 
                        disclosure practices for such 
                        information; and
                            (ii) to obtain verifiable parental 
                        consent for the collection, use, or 
                        disclosure of personal information from 
                        children;
                    (B) require the operator to provide, upon 
                request of a parent under this subparagraph 
                whose child has provided personal information 
                to that website or online service, upon proper 
                identification of that parent, to such parent--
                            (i) a description of the specific 
                        types of personal information collected 
                        from the child by that operator;
                            (ii) the opportunity at any time to 
                        refuse to permit the operator's further 
                        use or maintenance in retrievable form, 
                        or future online collection, of 
                        personal information from that child; 
                        and
                            (iii) notwithstanding any other 
                        provision of law, a means that is 
                        reasonable under the circumstances for 
                        the parent to obtain any personal 
                        information collected from that child;
                    (C) prohibit conditioning a child's 
                participation in a game, the offering of a 
                prize, or another activity on the child 
                disclosing more personal information than is 
                reasonably necessary to participate in such 
                activity; and
                    (D) require the operator of such a website 
                or online service to establish and maintain 
                reasonable procedures to protect the 
                confidentiality, security, and integrity of 
                personal information collected from children.
            (2) When consent not required.--The regulations 
        shall provide that verifiable parental consent under 
        paragraph (1)(A)(ii) is not required in the case of--
                    (A) online contact information collected 
                from a child that is used only to respond 
                directly on a one-time basis to a specific 
                request from the child and is not used to 
                recontact the child and is not maintained in 
                retrievable form by the operator;
                    (B) a request for the name or online 
                contact information of a parent or child that 
                is used for the sole purpose of obtaining 
                parental consent or providing notice under this 
                section and where such information is not 
                maintained in retrievable form by the operator 
                if parental consent is not obtained after a 
                reasonable time;
                    (C) online contact information collected 
                from a child that is used only to respond more 
                than once directly to a specific request from 
                the child and is not used to recontact the 
                child beyond the scope of that request--
                            (i) if, before any additional 
                        response after the initial response to 
                        the child, the operator uses reasonable 
                        efforts to provide a parent notice of 
                        the online contact information 
                        collected from the child, the purposes 
                        for which it is to be used, and an 
                        opportunity for the parent to request 
                        that the operator make no further use 
                        of the information and that it not be 
                        maintained in retrievable form; or
                            (ii) without notice to the parent 
                        in such circumstances as the Commission 
                        may determine are appropriate, taking 
                        into consideration the benefits to the 
                        child of access to information and 
                        services, and risks to the security and 
                        privacy of the child, in regulations 
                        promulgated under this subsection;
                    (D) the name of the child and online 
                contact information (to the extent reasonably 
                necessary to protect the safety of a child 
                participant on the site)--
                            (i) used only for the purpose of 
                        protecting such safety;
                            (ii) not used to recontact the 
                        child or for any other purpose; and
                            (iii) not disclosed on the site,
                if the operator uses reasonable efforts to 
                provide a parent notice of the name and online 
                contact information collected from the child, 
                the purposes for which it is to be used, and an 
                opportunity for the parent to request that the 
                operator make no further use of the information 
                and that it not be maintained in retrievable 
                form; or
                    (E) the collection, use, or dissemination 
                of such information by the operator of such a 
                website or online service necessary--
                            (i) to protect the security or 
                        integrity of its website;
                            (ii) to take precautions against 
                        liability;
                            (iii) to respond to judicial 
                        process; or
                            (iv) to the extent permitted under 
                        other provisions of law, to provide 
                        information to law enforcement agencies 
                        or for an investigation on a matter 
                        related to public safety.
            (3) Termination of service.--The regulations shall 
        permit the operator of a website or an online service 
        to terminate service provided to a child whose parent 
        has refused, under the regulations prescribed under 
        paragraph (1)(B)(ii), to permit the operator's further 
        use or maintenance in retrievable form, or future 
        online collection, of personal information from that 
        child.
    (c) Enforcement.--Subject to sections 1304 and 1306, a 
violation of a regulation prescribed under subsection (a) shall 
be treated as a violation of a rule defining an unfair or 
deceptive act or practice prescribed under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (d) Inconsistent State Law.--No State or local government 
may impose any liability for commercial activities or actions 
by operators in interstate or foreign commerce in connection 
with an activity or action described in this title that is 
inconsistent with the treatment of those activities or actions 
under this section.

SEC. 1304. SAFE HARBORS.

    (a) Guidelines.--An operator may satisfy the requirements 
of regulations issued under section 1303(b) by following a set 
of self-regulatory guidelines, issued by representatives of the 
marketing or online industries, or by other persons, approved 
under subsection (b).
    (b) Incentives.--
            (1) Self-regulatory incentives.--In prescribing 
        regulations under section 1303, the Commission shall 
        provide incentives for self-regulation by operators to 
        implement the protections afforded children under the 
        regulatory requirements described in subsection (b) of 
        that section.
            (2) Deemed compliance.--Such incentives shall 
        include provisions for ensuring that a person will be 
        deemed to be in compliance with the requirements of the 
        regulations under section 1303 if that person complies 
        with guidelines that, after notice and comment, are 
        approved by the Commission upon making a determination 
        that the guidelines meet the requirements of the 
        regulations issued under section 1303.
            (3) Expedited response to requests.--The Commission 
        shall act upon requests for safe harbor treatment 
        within 180 days of the filing of the request, and shall 
        set forth in writing its conclusions with regard to 
        such requests.
    (c) Appeals.--Final action by the Commission on a request 
for approval of guidelines, or the failure to actwithin 180 
days on a request for approval of guidelines, submitted under 
subsection (b) may be appealed to a district court of the United States 
of appropriate jurisdiction as provided for in section 706 of title 5, 
United States Code.

SEC. 1305. ACTIONS BY STATES.

      (a) In General.--
            (1) Civil actions.--In any case in which the 
        attorney general of a State has reason to believe that 
        an interest of the residents of that State has been or 
        is threatened or adversely affected by the engagement 
        of any person in a practice that violates any 
        regulation of the Commission prescribed under section 
        1303(b), the State, as parens patriae, may bring a 
        civil action on behalf of the residents of the State in 
        a district court of the United States of appropriate 
        jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with the regulation;
                    (C) obtain damage, restitution, or other 
                compensation on behalf of residents of the 
                State; or
                    (D) obtain such other relief as the court 
                may consider to be appropriate.
            (2) Notice.--
                    (A) In general.--Before filing an action 
                under paragraph (1), the attorney general of 
                the State involved shall provide to the 
                Commission--
                            (i) written notice of that action; 
                        and
                            (ii) a copy of the complaint for 
                        that action.
                    (B) Exemption.--
                            (i) In general.--Subparagraph (A) 
                        shall not apply with respect to the 
                        filing of an action by an attorney 
                        general of a State under this 
                        subsection, if the attorney general 
                        determines that it is not feasible to 
                        provide the notice described in that 
                        subparagraph before the filing of the 
                        action.
                            (ii) Notification.--In an action 
                        described in clause (i), the attorney 
                        general of a State shall provide notice 
                        and a copy of the complaint to the 
                        Commission at the same time as the 
                        attorney general files the action.
    (b) Intervention.--
            (1) In general.--On receiving notice under 
        subsection (a)(2), the Commission shall have the right 
        to intervene in the action that is the subject of the 
        notice.
            (2) Effect of intervention.--If the Commission 
        intervenes in an action under subsection (a), it shall 
        have the right--
                    (A) to be heard with respect to any matter 
                that arises in that action; and
                    (B) to file a petition for appeal.
            (3) Amicus curiae.--Upon application to the court, 
        a person whose self-regulatory guidelines have been 
        approved by the Commission and are relied upon as a 
        defense by any defendant to a proceeding under this 
        section may file amicus curiae in that proceeding.
    (c) Construction.--For purposes of bringing any civil 
action under subsection (a), nothing in this title shall be 
construed to prevent an attorney general of a State from 
exercising the powers conferred on the attorney general by the 
laws of that State to--
            (1) conduct investigations;
            (2) administer oaths or affirmations; or
            (3) compel the attendance of witnesses or the 
        production of documentary and other evidence.
      (d) Actions by the Commission.--In any case in which an 
action is instituted by or on behalf of the Commission for 
violation of any regulation prescribed under section 1303, no 
State may, during the pendency of that action, institute an 
action under subsection (a) against any defendant named in the 
complaint in that action for violation of that regulation.
      (e) Venue; Service of Process.--
            (1) Venue.--Any action brought under subsection (a) 
        may be brought in the district court of the United 
        States that meets applicable requirements relating to 
        venue under section 1391 of title 28, United States 
        Code.
            (2) Service of process.--In an action brought under 
        subsection (a), process may be served in any district 
        in which the defendant--
                    (A) is an inhabitant; or
                    (B) may be found.

SEC. 1306. ADMINISTRATION AND APPLICABILITY OF ACT.

      (a) In General.--Except as otherwise provided, this title 
shall be enforced by the Commission under the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.).
      (b) Provisions.--Compliance with the requirements imposed 
under this title shall be enforced under--
            (1) section 8 of the Federal Deposit Insurance Act 
        (12 U.S.C. 1818), in the case of--
                    (A) national banks, and Federal branches 
                and Federal agencies of foreign banks, by the 
                Office of the Comptroller of the Currency;
                    (B) member banks of the Federal Reserve 
                System (other than national banks), branches 
                and agencies of foreign banks (other than 
                Federal branches, Federal agencies, and insured 
                State branches of foreign banks), commercial 
                lending companies owned or controlled by 
                foreign banks, and organizations operating 
                under section 25 or 25(a) of the Federal 
                Reserve Act (12 U.S.C. 601 et seq. and 611 et 
                seq.), by the Board; and
                    (C) banks insured by the Federal Deposit 
                Insurance Corporation (other than members of 
                the Federal Reserve System) and insured State 
                branches of foreign banks, by the Board of 
                Directors of the Federal Deposit Insurance 
                Corporation;
            (2) section 8 of the Federal Deposit Insurance Act 
        (12 U.S.C. 1818), by the Director of the Office of 
        Thrift Supervision, in the case of a savings 
        association the deposits of which are insured by the 
        Federal Deposit Insurance Corporation;
            (3) the Federal Credit Union Act (12 U.S.C. 1751 et 
        seq.) by the National Credit Union Administration Board 
        with respect to any Federal credit union;
            (4) part A of subtitle VII of title 49, United 
        States Code, by the Secretary of Transportation with 
        respect to any air carrier or foreign air carrier 
        subject to that part;
            (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 
        181 et seq.) (except as provided in section 406 of that 
        Act (7 U.S.C. 226, 227)), by the Secretary of 
        Agriculture with respect to any activities subject to 
        that Act; and
            (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et 
        seq.) by the Farm Credit Administration with respect to 
        any Federal land bank, Federal land bank association, 
        Federal intermediate credit bank, or production credit 
        association.
    (c) Exercise of Certain Powers.--For the purpose of the 
exercise by any agency referred to in subsection (a) of its 
powers under any Act referred to in that subsection, a 
violation of any requirement imposed under this title shall be 
deemed to be a violation of a requirement imposed under that 
Act. In addition to its powers under any provision of law 
specifically referred to in subsection (a), each of the 
agencies referred to in that subsection may exercise, for the 
purpose of enforcing compliance with any requirement imposed 
under this title, any other authority conferred on it by law.
    (d) Actions by the Commission.--The Commission shall 
prevent any person from violating a rule of the Commission 
under section 1303 in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
part of this title. Any entity that violates such rule shall be 
subject to the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Commission Act in the 
same manner, by the same means, and with the same jurisdiction, 
power, and duties as though all applicable terms and provisions 
of the Federal Trade Commission Act were incorporated into and 
made a part of this title.
    (e) Effect on Other Laws.--Nothing contained in the Act 
shall be construed to limit the authority of the Commission 
under any other provisions of law.

SEC. 1307. REVIEW.

    Not later than 5 years after the effective date of the 
regulations initially issued under section 1303, the Commission 
shall--
            (1) review the implementation of this title, 
        including the effect of the implementation of this 
        title on practices relating to the collection and 
        disclosure of information relating to children, 
        children's ability to obtain access to information of 
        their choice online, and on the availability of 
        websites directed to children; and
            (2) prepare and submit to Congress a report on the 
        results of the review under paragraph (1).

SEC. 1308. EFFECTIVE DATE.

    Sections 1303(a), 1305, and 1306 of this title take effect 
on the later of--
            (1) the date that is 18 months after the date of 
        enactment of this Act; or
            (2) the date on which the Commission rules on the 
        first application filed for safe harbor treatment under 
        section 1304 if the Commission does not rule on the 
        first such application within one year after the date 
        of enactment of this Act, but in no case later than the 
        date that is 30 months after the date of enactment of 
        this Act.

                   TITLE XIV--CHILD ONLINE PROTECTION

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Child Online Protection 
Act''.

SEC. 1402. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) while custody, care, and nurture of the child 
        resides first with the parent, the widespread 
        availability of the Internet presents opportunities for 
        minors to access materials through the World Wide Web 
        in a manner that can frustrate parental supervision or 
        control;
            (2) the protection of the physical and 
        psychological well-being of minors by shielding them 
        from materials that are harmful to them is a compelling 
        governmental interest;
            (3) to date, while the industry has developed 
        innovative ways to help parents and educators restrict 
        material that is harmful to minors through parental 
        control protections and self-regulation, such efforts 
        have not provided a national solution to the problem of 
        minors accessing harmful material on the World Wide 
        Web;
            (4) a prohibition on the distribution of material 
        harmful to minors, combined with legitimate defenses, 
        is currently the most effective and least restrictive 
        means by which to satisfy the compelling government 
        interest; and
            (5) notwithstanding the existence of protections 
        that limit the distribution over the World Wide Web of 
        material that is harmful to minors, parents, educators, 
        and industry must continue efforts to find ways to 
        protect children from being exposed to harmful material 
        found on the Internet.

SEC. 1403. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO MATERIALS 
                    COMMERCIALLY DISTRIBUTED BY MEANS OF THE WORLD WIDE 
                    WEB THAT ARE HARMFUL TO MINORS.

    Part I of title II of the Communications Act of 1934 (47 
U.S.C. 201 et seq.) is amended by adding at the end the 
following new section:

``SEC. 231. RESTRICTION OF ACCESS BY MINORS TO MATERIALS COMMERCIALLY 
                    DISTRIBUTED BY MEANS OF WORLD WIDE WEB THAT ARE 
                    HARMFUL TO MINORS.

    ``(a) Requirement To Restrict Access.--
            ``(1) Prohibited conduct.--Whoever knowingly and 
        with knowledge of the character of the material, in 
        interstate or foreign commerce by means of the World 
        Wide Web, makes any communication for commercial 
        purposes that is available to any minor and that 
        includes any material that is harmful to minors shall 
        be fined not more than $50,000, imprisoned not more 
        than 6 months, or both.
            ``(2) Intentional violations.--In addition to the 
        penalties under paragraph (1), whoever intentionally 
        violates such paragraph shall be subject to a fine of 
        not more than $50,000 for each violation. For purposes 
        of this paragraph, each day of violation shall 
        constitute a separate violation.
            ``(3) Civil penalty.--In addition to the penalties 
        under paragraphs (1) and (2), whoever violates 
        paragraph (1) shall be subject to a civil penalty of 
        not more than $50,000 for each violation. For purposes 
        of this paragraph, each day of violation shall 
        constitute a separate violation.
    ``(b) Inapplicability of Carriers and Other Service 
Providers.--For purposes of subsection (a), a person shall not 
be considered to make any communication for commercial purposes 
to the extent that such person is--
            ``(1) a telecommunications carrier engaged in the 
        provision of a telecommunications service;
            ``(2) a person engaged in the business of providing 
        an Internet access service;
            ``(3) a person engaged in the business of providing 
        an Internet information location tool; or
            ``(4) similarly engaged in the transmission, 
        storage, retrieval, hosting, formatting, or translation 
        (or any combination thereof) of a communication made by 
        another person, without selection or alteration of the 
        content of the communication, except that such person's 
        deletion of a particular communication or material made 
        by another person in a manner consistent with 
        subsection (c) or section 230 shall not constitute such 
        selection or alteration of the content of the 
        communication.
      ``(c) Affirmative Defense.--
            ``(1) Defense.--It is an affirmative defense to 
        prosecution under this section that the defendant, in 
        good faith, has restricted access by minors to material 
        that is harmful to minors--
                    ``(A) by requiring use of a credit card, 
                debit account, adult access code, or adult 
                personal identification number;
                    ``(B) by accepting a digital certificate 
                that verifies age; or
                    ``(C) by any other reasonable measures that 
                are feasible under available technology.
            ``(2) Protection for use of defenses.--No cause of 
        action may be brought in any court or administrative 
        agency against any person on account of any activity 
        that is not in violation of any law punishable by 
        criminal or civil penalty, and that the person has 
        taken in good faith to implement a defense authorized 
        under this subsection or otherwise to restrict or 
        prevent the transmission of, or access to, a 
        communication specified in this section.
      ``(d) Privacy Protection Requirements.--
            ``(1) Disclosure of information limited.--A person 
        making a communication described in subsection (a)--
                    ``(A) shall not disclose any information 
                collected for the purposes of restricting 
                access to such communications to individuals 17 
                years of age or older without the prior written 
                or electronic consent of--
                            ``(i) the individual concerned, if 
                        the individual is an adult; or
                            ``(ii) the individual's parent or 
                        guardian, if the individual is under 17 
                        years of age; and
                    ``(B) shall take such actions as are 
                necessary to prevent unauthorized access to 
                such information by a person other than the 
                person making such communication and the 
                recipient of such communication.
            ``(2) Exceptions.--A person making a communication 
        described in subsection (a) may disclose such 
        information if the disclosure is--
                    ``(A) necessary to make the communication 
                or conduct a legitimate business activity 
                related to making the communication; or
                    ``(B) made pursuant to a court order 
                authorizing such disclosure.
      ``(e) Definitions.--For purposes of this subsection, the 
following definitions shall apply:
            ``(1) By means of the world wide web.--The term `by 
        means of the World Wide Web' means by placement of 
        material in a computer server-based file archive so 
        that it is publicly accessible, over the Internet, 
        using hypertext transfer protocol or any successor 
        protocol.
            ``(2) Commercial purposes; engaged in the 
        business.--
                    ``(A) Commercial purposes.--A person shall 
                be considered to make a communication for 
                commercial purposes only if such person is 
                engaged in the business of making such 
                communications.
                    ``(B) Engaged in the business.--The term 
                `engaged in the business' means that the person 
                who makes a communication, or offers to make a 
                communication, by means of the World Wide Web, 
                that includes any material that is harmful to 
                minors, devotes time, attention, or labor to 
                such activities, as a regular course of such 
                person's trade or business, with the objective 
                of earning a profit as a result of such 
                activities (although it is not necessary that 
                the person make a profit or that the making or 
                offering to make such communications be the 
                person's sole or principal business or source 
                of income). A person may be considered to be 
                engaged in the business of making, by means of 
                the World Wide Web, communications for 
                commercial purposes that include material that 
                is harmful to minors, only if the person 
                knowingly causes the material that is harmful 
                to minors to be posted on the World Wide Web or 
                knowingly solicits such material to be posted 
                on the World Wide Web.
            ``(3) Internet.--The term `Internet' means the 
        combination of computer facilities and electromagnetic 
        transmission media, and related equipment and software, 
        comprising the interconnected worldwide network of 
        computer networks that employ the Transmission Control 
        Protocol/Internet Protocol or any successor protocol to 
        transmit information.
            ``(4) Internet access service.--The term `Internet 
        access service' means a service that enables users to 
        access content, information, electronic mail, or other 
        services offered over the Internet, and may also 
        include access to proprietary content, information, and 
        other services as part of a package of services offered 
        to consumers. Such term does not include 
        telecommunications services.
            ``(5) Internet information location tool.--The term 
        `Internet information location tool' means a service 
        that refers or links users to an online location on the 
        World Wide Web. Such term includes directories, 
        indices, references, pointers, and hypertext links.
            ``(6) Material that is harmful to minors.--The term 
        `material that is harmful to minors' means any 
        communication, picture, image, graphic image file, 
        article, recording, writing, or other matter of any 
        kind that is obscene or that--
                    ``(A) the average person, applying 
                contemporary community standards, would find, 
                taking the material as a whole and with respect 
                to minors, is designed to appeal to, or is 
                designed to pander to, the prurient interest;
                    ``(B) depicts, describes, or represents, in 
                a manner patently offensive with respect to 
                minors, an actual or simulated sexual act or 
                sexual contact, an actual or simulated normal 
                or perverted sexual act, or a lewd exhibition 
                of the genitals or post-pubescent female 
                breast; and
                    ``(C) taken as a whole, lacks serious 
                literary, artistic, political, or scientific 
                value for minors.
            ``(7) Minor.--The term `minor' means any person 
        under 17 years of age.''.

SEC. 1404. NOTICE REQUIREMENT.

      (a) Notice.--Section 230 of the Communications Act of 
1934 (47 U.S.C. 230) is amended--
            (1) in subsection (d)(1), by inserting ``or 231'' 
        after ``section 223'';
            (2) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following 
        new subsection:
      ``(d) Obligations of Interactive Computer Service.--A 
provider of interactive computer service shall, at the time of 
entering an agreement with a customer for the provision of 
interactive computer service and in a manner deemed appropriate 
by the provider, notify such customer that parental control 
protections (such as computer hardware, software, or filtering 
services) are commercially available that may assist the 
customer in limiting access to material that is harmful to 
minors. Such notice shall identify, or provide the customer 
with access to information identifying, current providers of 
such protections.''.
      (b) Conforming Amendment.--Section 223(h)(2) of the 
Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by 
striking ``230(e)(2)'' and inserting ``230(f)(2)''.

SEC. 1405. STUDY BY COMMISSION ON ONLINE CHILD PROTECTION.

      (a) Establishment.--There is hereby established a 
temporary Commission to be known as the Commission on Online 
Child Protection (in this section referred to as the 
``Commission'') for the purpose of conducting a study under 
this section regarding methods to help reduce access by minors 
to material that is harmful to minors on the Internet.
      (b) Membership.--The Commission shall be composed of 19 
members, as follows:
            (1) Industry members.--The Commission shall 
        include--
                    (A) 2 members who are engaged in the 
                business of providing Internet filtering or 
                blocking services or software;
                    (B) 2 members who are engaged in the 
                business of providing Internet access services;
                    (C) 2 members who are engaged in the 
                business of providing labeling or ratings 
                services;
                    (D) 2 members who are engaged in the 
                business of providing Internet portal or search 
                services;
                    (E) 2 members who are engaged in the 
                business of providing domain name registration 
                services;
                    (F) 2 members who are academic experts in 
                the field of technology; and
                    (G) 4 members who are engaged in the 
                business of making content available over the 
                Internet.
            Of the members of the Commission by reason of each 
        subparagraph of this paragraph, an equal number shall 
        be appointed by the Speaker of the House of 
        Representatives and by the Majority Leader of the 
        Senate.
            (2) Ex officio members.--The Commission shall 
        include the following officials:
                    (A) The Assistant Secretary (or the 
                Assistant Secretary's designee).
                    (B) The Attorney General (or the Attorney 
                General's designee).
                    (C) The Chairman of the Federal Trade 
                Commission (or the Chairman's designee).
    (c) Study.--
            (1) In general.--The Commission shall conduct a 
        study to identify technological or other methods that--
                    (A) will help reduce access by minors to 
                material that is harmful to minors on the 
                Internet; and
                    (B) may meet the requirements for use as 
                affirmative defenses for purposes of section 
                231(c) of the Communications Act of 1934 (as 
                added by this title).
            Any methods so identified shall be used as the 
        basis for making legislative recommendations to the 
        Congress under subsection (d)(3).
            (2) Specific methods.--In carrying out the study, 
        the Commission shall identify and analyze various 
        technological tools and methods for protecting minors 
        from material that is harmful to minors, which shall 
        include (without limitation)--
                    (A) a common resource for parents to use to 
                help protect minors (such as a ``one-click-
                away'' resource);
                    (B) filtering or blocking software or 
                services;
                    (C) labeling or rating systems;
                    (D) age verification systems;
                    (E) the establishment of a domain name for 
                posting of any material that is harmful to 
                minors; and
                    (F) any other existing or proposed 
                technologies or methods for reducing access by 
                minors to such material.
            (3) Analysis.--In analyzing technologies and other 
        methods identified pursuant to paragraph (2), the 
        Commission shall examine--
                    (A) the cost of such technologies and 
                methods;
                    (B) the effects of such technologies and 
                methods on law enforcement entities;
                    (C) the effects of such technologies and 
                methods on privacy;
                    (D) the extent to which material that is 
                harmful to minors is globally distributed and 
                the effect of such technologies and methods on 
                such distribution;
                    (E) the accessibility of such technologies 
                and methods to parents; and
                    (F) such other factors and issues as the 
                Commission considers relevant and appropriate.
    (d) Report.--Not later than 1 year after the enactment of 
this Act, the Commission shall submit a report to the Congress 
containing the results of the study under this section, which 
shall include--
            (1) a description of the technologies and methods 
        identified by the study and the results of the analysis 
        of each such technology and method;
            (2) the conclusions and recommendations of the 
        Commission regarding each such technology or method;
            (3) recommendations for legislative or 
        administrative actions to implement the conclusions of 
        the committee; and
            (4) a description of the technologies or methods 
        identified by the study that may meet the requirements 
        for use as affirmative defenses for purposes of section 
        231(c) of the Communications Act of 1934 (as added by 
        this title).
    (e) Staff and Resources.--The Assistant Secretary for 
Communication and Information of the Department of Commerce 
shall provide to the Commission such staff and resources as the 
Assistant Secretary determines necessary for the Commission to 
perform its duty efficiently and in accordance with this 
section.
    (f) Termination.--The Commission shall terminate 30 days 
after the submission of the report under subsection (d).
    (g) Inapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

SEC. 1406. EFFECTIVE DATE.

    This title and the amendments made by this title shall take 
effect 30 days after the date of enactment of this Act.

     TITLE XV--VACCINE INJURY COMPENSATION PROGRAM MODIFICATION ACT

SECTION 1501. SHORT TITLE.

    This title may be cited as the ``Vaccine Injury 
Compensation Program Modification Act''.

SEC. 1502. ELIMINATION OF THRESHOLD REQUIREMENT OF UNREIMBURSABLE 
                    EXPENSES.

    Section 2111(c)(1)(D)(i) of the Public Health Service Act 
(42 U.S.C. 300aa-11(c)(1)(D)(i)) is amended by striking ``and 
incurred unreimbursable expenses due in whole or in part to 
such illness, disability, injury, or condition in an amount 
greater than $1,000''.

SEC. 1503. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.

    (a) In General.--Section 4132(1) of the Internal Revenue 
Code of 1986 (defining taxable vaccine) is amended by adding at 
the end the following new subparagraph:
                    ``(K) Any vaccine against rotavirus 
                gastroenteritis.''.
    (b) Effective Date.--
            (1) Sales.--The amendment made by this section 
        shall apply to sales after the date of the enactment of 
        this Act.
            (2) Deliveries.--For purposes of paragraph (1), in 
        the case of sales on or before the date of the 
        enactment of this Act for which delivery is made after 
        such date, the delivery date shall be considered the 
        sale date.

SEC. 1504. VACCINE INJURY COMPENSATION TRUST FUND.

    (a) Amendments Related to Section 904 of 1997 Act.--
            (1) Paragraph (1) of section 9510(c) of the 1986 
        Code is amended to read as follows:
            ``(1) In general.--Amounts in the Vaccine Injury 
        Compensation Trust Fund shall be available, as provided 
        in appropriation Acts, only for--
                    ``(A) the payment of compensation under 
                subtitle 2 of title XXI of the Public Health 
                Service Act (as in effect on August 6, 1997) 
                for vaccine-related injury or death with 
                respect to any vaccine--
                            ``(i) which is administered after 
                        September 30, 1988, and
                            ``(ii) which is a taxable vaccine 
                        (as defined in section 4132(a)(1)) at 
                        the time the vaccine was administered, 
                        or
                    ``(B) the payment of all expenses of 
                administration incurred by the Federal 
                Government in administering such subtitle.''.
            (2) Section 9510(b) of the 1986 Code is amended by 
        adding at the end the following new paragraph:
            ``(3) Limitation on transfers to vaccine injury 
        compensation trust fund.--No amount may be appropriated 
        to the Vaccine Injury Compensation Trust Fund on and 
        after the date of any expenditure from the Trust Fund 
        which is not permitted by this section. The 
        determination of whether an expenditure is so permitted 
        shall be made without regard to--
                    ``(A) any provision of law which is not 
                contained or referenced in this title or in a 
                revenue Act, and
                    ``(B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of 
                this paragraph.''.
    (b) Effective Date.--The amendments made by this section 
shall take effect as if included in the provisions of the 
Taxpayer Relief Act of 1997 to which they relate.

      TITLE XVI--SERVICE CONNECTION FOR PERSIAN GULF WAR ILLNESSES

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Persian Gulf War Veterans 
Act of 1998''.

SEC. 1602. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED 
                    WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN 
                    GULF WAR.

    (a) In General.--(1) Subchapter II of chapter 11 of title 
38, United States Code, is amended by adding at the end the 
following:

``Sec. 1118. Presumptions of service connection for illnesses 
                    associated with service in the Persian Gulf during 
                    the Persian Gulf War

    ``(a)(1) For purposes of section 1110 of this title, and 
subject to section 1113 of this title, each illness, if any, 
described in paragraph (2) shall be considered to have been 
incurred in or aggravated by service referred to in that 
paragraph, notwithstanding that there is no record of evidence 
of such illness during the period of such service.
    ``(2) An illness referred to in paragraph (1) is any 
diagnosed or undiagnosed illness that--
            ``(A) the Secretary determines in regulations 
        prescribed under this section to warrant a presumption 
        of service connection by reason of having a positive 
        association with exposure to a biological, chemical, or 
        other toxic agent, environmental or wartime hazard, or 
        preventive medicine or vaccine known or presumed to be 
        associated with service in the Armed Forces in the 
        Southwest Asia theater of operations during the Persian 
        Gulf War; and
            ``(B) becomes manifest within the period, if any, 
        prescribed in such regulations in a veteran who served 
        on active duty in that theater of operations during 
        that war and by reason of such service was exposed to 
        such agent, hazard, or medicine or vaccine.
    ``(3) For purposes of this subsection, a veteran who served 
on active duty in the Southwest Asia theater of operations 
during the Persian Gulf War and has an illness described in 
paragraph (2) shall be presumed to have been exposed by reason 
of such service to the agent, hazard, or medicine or vaccine 
associated with the illness in the regulations prescribed under 
this section unless there is conclusive evidence to establish 
that the veteran was not exposed to the agent, hazard, or 
medicine or vaccine by reason of such service.
    ``(b)(1)(A) Whenever the Secretary makes a determination 
described in subparagraph (B), the Secretary shall prescribe 
regulations providing that a presumption of service connection 
is warranted for the illness covered by that determination for 
purposes of this section.
    ``(B) A determination referred to in subparagraph (A) is a 
determination based on sound medical and scientific evidence 
that a positive association exists between--
            ``(i) the exposure of humans or animals to a 
        biological, chemical, or other toxic agent, 
        environmental or wartime hazard, or preventive medicine 
        or vaccine known or presumed to be associated with 
        service in the Southwest Asia theater of operations 
        during the Persian Gulf War; and
            ``(ii) the occurrence of a diagnosed or undiagnosed 
        illness in humans or animals.
    ``(2)(A) In making determinations for purposes of paragraph 
(1), the Secretary shall take into account--
            ``(i) the reports submitted to the Secretary by the 
        National Academy of Sciences under section 1603 of the 
        Persian Gulf War Veterans Act of 1998; and
            ``(ii) all other sound medical and scientific 
        information and analyses available to the Secretary.
    ``(B) In evaluating any report, information, or analysis 
for purposes of making such determinations, the Secretary shall 
take into consideration whether the results are statistically 
significant, are capable of replication, and withstand peer 
review.
    ``(3) An association between the occurrence of an illness 
in humans or animals and exposure to an agent, hazard, or 
medicine or vaccine shall be considered to be positive for 
purposes of this subsection if the credible evidence for the 
association is equal to or outweighs the credible evidence 
against the association.
    ``(c)(1) Not later than 60 days after the date on which the 
Secretary receives a report from the National Academy of 
Sciences under section 1603 of the Persian Gulf War Veterans 
Act of 1998, the Secretary shall determine whether or not a 
presumption of service connection is warranted for each 
illness, if any, covered by the report.
    ``(2) If the Secretary determines under this subsection 
that a presumption of service connection is warranted, the 
Secretary shall, not later than 60 days after making the 
determination, issue proposed regulations setting forth the 
Secretary's determination.
    ``(3)(A) If the Secretary determines under this subsection 
that a presumption of service connection is not warranted, the 
Secretary shall, not later than 60 days after making the 
determination, publish in the Federal Register a notice of the 
determination. The notice shall include an explanation of the 
scientific basis for the determination.
    ``(B) If an illness already presumed to be service 
connected under this section is subject to a determination 
under subparagraph (A), the Secretary shall, not later than 60 
days after publication of the notice under that subparagraph, 
issue proposed regulations removing the presumption of service 
connection for the illness.
    ``(4) Not later than 90 days after the date on which the 
Secretary issues any proposed regulations under this 
subsection, the Secretary shall issue final regulations. Such 
regulations shall be effective on the date of issuance.
    ``(d) Whenever the presumption of service connection for an 
illness under this section is removed under subsection (c)--
            ``(1) a veteran who was awarded compensation for 
        the illness on the basis of the presumption before the 
        effective date of the removal of the presumption shall 
        continue to be entitled to receive compensation on that 
        basis; and
            ``(2) a survivor of a veteran who was awarded 
        dependency and indemnity compensation for the death of 
        a veteran resulting from the illness on thebasis of the 
presumption before that date shall continue to be entitled to receive 
dependency and indemnity compensation on that basis.
    ``(e) Subsections (b) through (d) shall cease to be 
effective 10 years after the first day of the fiscal year in 
which the National Academy of Sciences submits to the Secretary 
the first report under section 1603 of the Persian Gulf War 
Veterans Act of 1998.''.
    (2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1117 
the following new item:

``1118. Presumptions of service connection for illnesses associated with 
          service in the Persian Gulf during the Persian Gulf War.''.

    (b) Conforming Amendments.--Section 1113 of title 38, 
United States Code, is amended--
            (1) by striking out ``or 1117'' each place it 
        appears and inserting in lieu thereof ``1117, or 
        1118''; and
            (2) in subsection (a), by striking out ``or 1116'' 
        and inserting in lieu thereof ``, 1116, or 1118''.
    (c) Compensation for Undiagnosed Gulf War Illnesses.--
Section 1117 of title 38, United States Code, is amended--
            (1) by redesignating subsections (c), (d), and (e) 
        as subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following 
        new subsection (c):
    ``(c)(1) Whenever the Secretary determines under section 
1118(c) of this title that a presumption of service connection 
for an undiagnosed illness (or combination of undiagnosed 
illnesses) previously established under this section is no 
longer warranted--
            ``(A) a veteran who was awarded compensation under 
        this section for such illness (or combination of 
        illnesses) on the basis of the presumption shall 
        continue to be entitled to receive compensation under 
        this section on that basis; and
            ``(B) a survivor of a veteran who was awarded 
        dependency and indemnity compensation for the death of 
        a veteran resulting from the disease on the basis of 
        the presumption before that date shall continue to be 
        entitled to receive dependency and indemnity 
        compensation on that basis.
    ``(2) This subsection shall cease to be effective 10 years 
after the first day of the fiscal year in which the National 
Academy of Sciences submits to the Secretary the first report 
under section 1603 of the Persian Gulf War Veterans Act of 
1998.''.

SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.

    (a) Purpose.--The purpose of this section is to provide for 
the National Academy of Sciences, an independent nonprofit 
scientific organization with appropriate expertise, to review 
and evaluate the available scientific evidence regarding 
associations between illnesses and exposure to toxic agents, 
environmental or wartime hazards, or preventive medicines or 
vaccines associated with Gulf War service.
    (b) Agreement.--The Secretary of Veterans Affairs shall 
seek to enter into an agreement with the National Academy of 
Sciences for the Academy to perform the activities covered by 
this section. The Secretary shall seek to enter into the 
agreement not later than two months after the date of enactment 
of this Act.
    (c) Identification of Agents and Illnesses.--(1) Under the 
agreement under subsection (b), the National Academy of 
Sciences shall--
            (A) identify the biological, chemical, or other 
        toxic agents, environmental or wartime hazards, or 
        preventive medicines or vaccines to which members of 
        the Armed Forces who served in the Southwest Asia 
        theater of operations during the Persian Gulf War may 
        have been exposed by reason of such service; and
            (B) identify the illnesses (including diagnosed 
        illnesses and undiagnosed illnesses) that are manifest 
        in such members.
    (2) In identifying illnesses under paragraph (1)(B), the 
Academy shall review and summarize the relevant scientific 
evidence regarding illnesses among the members described in 
paragraph (1)(A) and among other appropriate populations of 
individuals, including mortality, symptoms, and adverse 
reproductive health outcomes among such members and 
individuals.
    (d) Initial Consideration of Specific Agents.--(1) In 
identifying under subsection (c) the agents, hazards, or 
preventive medicines or vaccines to which members of the Armed 
Forces may have been exposed for purposes of the first report 
under subsection (i), the National Academy of Sciences shall 
consider, within the first six months after the date of 
enactment of this Act, the following:
            (A) The following organophosphorous pesticides:
                    (i) Chlorpyrifos.
                    (ii) Diazinon.
                    (iii) Dichlorvos.
                    (iv) Malathion.
            (B) The following carbamate pesticides:
                    (i) Proxpur.
                    (ii) Carbaryl.
                    (iii) Methomyl.
            (C) The carbamate pyridostigmine bromide used as 
        nerve agent prophylaxis.
            (D) The following chlorinated hydrocarbon and other 
        pesticides and repellents:
                    (i) Lindane.
                    (ii) Pyrethrins.
                    (iii) Permethrins.
                    (iv) Rodenticides (bait).
                    (v) Repellent (DEET).
            (E) The following low-level nerve agents and 
        precursor compounds at exposure levels below those 
        which produce immediately apparent incapacitating 
        symptoms:
                    (i) Sarin.
                    (ii) Tabun.
            (F) The following synthetic chemical compounds:
                    (i) Mustard agents at levels below those 
                which cause immediate blistering.
                    (ii) Volatile organic compounds.
                    (iii) Hydrazine.
                    (iv) Red fuming nitric acid.
                    (v) Solvents.
                    (vi) Uranium.
            (G) The following ionizing radiation:
                    (i) Depleted uranium.
                    (ii) Microwave radiation.
                    (iii) Radio frequency radiation.
            (H) The following environmental particulates and 
        pollutants:
                    (i) Hydrogen sulfide.
                    (ii) Oil fire byproducts.
                    (iii) Diesel heater fumes.
                    (iv) Sand micro-particles.
            (I) Diseases endemic to the region (including the 
        following):
                    (i) Leishmaniasis.
                    (ii) Sandfly fever.
                    (iii) Pathogenic escherechia coli.
                    (iv) Shigellosis.
            (J) Time compressed administration of multiple 
        live, `attenuated', and toxoid vaccines.
    (2) The consideration of agents, hazards, and medicines and 
vaccines under paragraph (1) shall not preclude the Academy 
from identifying other agents, hazards, or medicines or 
vaccines to which members of the ArmedForces may have been 
exposed for purposes of any report under subsection (i).
    (3) Not later than six months after the date of enactment 
of this Act, the Academy shall submit to the designated 
congressional committees a report specifying the agents, 
hazards, and medicines and vaccines considered under paragraph 
(1).
    (e) Determinations of Associations Between Agents and 
Illnesses.--(1) For each agent, hazard, or medicine or vaccine 
and illness identified under subsection (c), the National 
Academy of Sciences shall determine, to the extent that 
available scientific data permit meaningful determinations--
            (A) whether a statistical association exists 
        between exposure to the agent, hazard, or medicine or 
        vaccine and the illness, taking into account the 
        strength of the scientific evidence and the 
        appropriateness of the scientific methodology used to 
        detect the association;
            (B) the increased risk of the illness among human 
        or animal populations exposed to the agent, hazard, or 
        medicine or vaccine; and
            (C) whether a plausible biological mechanism or 
        other evidence of a causal relationship exists between 
        exposure to the agent, hazard, or medicine or vaccine 
        and the illness.
    (2) The Academy shall include in its reports under 
subsection (i) a full discussion of the scientific evidence and 
reasoning that led to its conclusions under this subsection.
    (f) Review of Potential Treatment Models for Certain 
Illnesses.--Under the agreement under subsection (b), the 
National Academy of Sciences shall separately review, for each 
chronic undiagnosed illness identified under subsection 
(c)(1)(B) and for any other chronic illness that the Academy 
determines to warrant such review, the available scientific 
data in order to identify empirically valid models of treatment 
for such illnesses which employ successful treatment modalities 
for populations with similar symptoms.
    (g) Recommendations for Additional Scientific Studies.--(1) 
Under the agreement under subsection (b), the National Academy 
of Sciences shall make any recommendations that it considers 
appropriate for additional scientific studies (including 
studies relating to treatment models) to resolve areas of 
continuing scientific uncertainty relating to the health 
consequences of exposure to toxic agents, environmental or 
wartime hazards, or preventive medicines or vaccines associated 
with Gulf War service.
    (2) In making recommendations for additional studies, the 
Academy shall consider the available scientific data, the value 
and relevance of the information that could result from such 
studies, and the cost and feasibility of carrying out such 
studies.
    (h) Subsequent Reviews.--(1) Under the agreement under 
subsection (b), the National Academy of Sciences shall conduct 
on a periodic and ongoing basis additional reviews of the 
evidence and data relating to its activities under this 
section.
    (2) As part of each review under this subsection, the 
Academy shall--
            (A) conduct as comprehensive a review as is 
        practicable of the evidence referred to in subsection 
        (c) and the data referred to in subsections (e), (f), 
        and (g) that became available since the last review of 
        such evidence and data under this section; and
            (B) make determinations under the subsections 
        referred to in subparagraph (A) on the basis of the 
        results of such review and all other reviews previously 
        conducted for purposes of this section.
    (i) Reports.--(1) Under the agreement under subsection (b), 
the National Academy of Sciences shall submit to the committees 
and officials referred to in paragraph (5) periodic written 
reports regarding the Academy's activities under the agreement.
    (2) The first report under paragraph (1) shall be submitted 
not later than 18 months after the date of enactment of this 
Act. That report shall include--
            (A) the determinations and discussion referred to 
        in subsection (e);
            (B) the results of the review of models of 
        treatment under subsection (f); and
            (C) any recommendations of the Academy under 
        subsection (g).
    (3) Reports shall be submitted under this subsection at 
least once every two years, as measured from the date of the 
report under paragraph (2).
    (4) In any report under this subsection (other than the 
report under paragraph (2)), the Academy may specify an absence 
of meaningful developments in the scientific or medical 
community with respect to the activities of the Academy under 
this section during the 2-year period ending on the date of 
such report.
    (5) Reports under this subsection shall be submitted to the 
following:
            (A) The designated congressional committees.
            (B) The Secretary of Veterans Affairs.
      (C) The Secretary of Defense.
      (j) Sunset.--This section shall cease to be effective 10 
years after the last day of the fiscal year in which the 
National Academy of Sciences submits the first report under 
subsection (i).
      (k) Alternative Contract Scientific Organization.--(1) If 
the Secretary is unable within the time period set forth in 
subsection (b) to enter into an agreement with the National 
Academy of Sciences for the purposes of this section on terms 
acceptable to the Secretary, the Secretary shall seek to enter 
into an agreement for purposes of this section with another 
appropriate scientific organization that is not part of the 
Government, operates as a not-for-profit entity, and has 
expertise and objectivity comparable to that of the National 
Academy of Sciences.
      (2) If the Secretary enters into an agreement with 
another organization under this subsection, any reference in 
this section and section 1118 of title 38, United States Code 
(as added by section 1602(a)), to the National Academy of 
Sciences shall be treated as a reference to such other 
organization.

SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.

      In the event of the enactment, before, on, or after the 
date of the enactment of this Act, of section 101 of the 
Veterans Programs Enhancement Act of 1998, or any similar 
provision of law enacted during the second session of the 105th 
Congress requiring an agreement with the National Academy of 
Sciences regarding an evaluation of health consequences of 
service in Southwest Asia during the Persian Gulf War, such 
section 101 (or other provision of law) shall be treated as if 
never enacted, and shall have no force or effect.

SEC. 1605. DEFINITIONS.

      In this title:
            (1) The term ``toxic agent, environmental or 
        wartime hazard, or preventive medicine or vaccine 
        associated with Gulf War service'' means a biological, 
        chemical, or other toxic agent, environmental or 
        wartime hazard, or preventive medicine or vaccine that 
        is known or presumed to be associated with service in 
        the Armed Forces in the Southwest Asia theater of 
        operations during the Persian Gulf War, whether such 
        association arises as a result of single, repeated, or 
        sustained exposure and whether such association arises 
        through exposure singularly or in combination.
            (2) The term ``designated congressional 
        committees'' means the following:
                    (A) The Committees on Veterans' Affairs and 
                Armed Services of the Senate.
                    (B) The Committees on Veterans' Affairs and 
                National Security of the House of 
                Representatives.
            (3) The term ``Persian Gulf War'' has the meaning 
        given that term in section 101(33) of title 38, United 
        States Code.

            TITLE XVII--GOVERNMENT PAPERWORK ELIMINATION ACT

SEC. 1701. SHORT TITLE.

      This title may be cited as the ``Government Paperwork 
Elimination Act''.

SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF 
                    ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE 
                    AGENCIES.

      Section 3504(a)(1)(B)(vi) of title 44, United States 
Code, is amended to read as follows:
                            ``(vi) the acquisition and use of 
                        information technology, including 
                        alternative information technologies 
                        that provide for electronic submission, 
                        maintenance, or disclosure of 
                        information as a substitute for paper 
                        and for the use and acceptance of 
                        electronic signatures.''.

SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES 
                    BY EXECUTIVE AGENCIES.

      (a) In General.--In order to fulfill the responsibility 
to administer the functions assigned under chapter 35 of title 
44, United States Code, the provisions of the Clinger-Cohen Act 
of 1996 (divisions D and E of Public Law 104-106) and the 
amendments made by that Act, and the provisions of this title, 
the Director of the Office of Management and Budget shall, in 
consultation with the National Telecommunications and 
Information Administration and not later than 18 months after 
the date of enactment of this Act, develop procedures for the 
use and acceptance of electronic signatures by Executive 
agencies.
      (b) Requirements for Procedures.--(1) The procedures 
developed under subsection (a)--
            (A) shall be compatible with standards and 
        technology for electronic signatures that are generally 
        used in commerce and industry and by State governments;
            (B) may not inappropriately favor one industry or 
        technology;
            (C) shall ensure that electronic signatures are as 
        reliable as is appropriate for the purpose in question 
        and keep intact the information submitted;
            (D) shall provide for the electronic acknowledgment 
        of electronic forms that are successfully submitted; 
        and
            (E) shall, to the extent feasible and appropriate, 
        require an Executive agency that anticipates receipt by 
        electronic means of 50,000 or more submittals of a 
        particular form to take all steps necessary to ensure 
        that multiple methods of electronic signatures are 
        available for the submittal of such form.
      (2) The Director shall ensure the compatibility of the 
procedures under paragraph (1)(A) in consultation with 
appropriate private bodies and State government entities that 
set standards for the use and acceptance of electronic 
signatures.

SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF 
                    PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC 
                    SIGNATURES.

      In order to fulfill the responsibility to administer the 
functions assigned under chapter 35 of title 44, United States 
Code, the provisions of the Clinger-Cohen Act of 1996 
(divisions D and E of Public Law 104-106) and the amendments 
made by that Act, and the provisions of this title, the 
Director of the Office of Management and Budget shall ensure 
that, commencing not later than five years after the date of 
enactment of this Act, Executive agencies provide--
            (1) for the option of the electronic maintenance, 
        submission, or disclosure of information, when 
        practicable as a substitute for paper; and
            (2) for the use and acceptance of electronic 
        signatures, when practicable.

SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.

    In order to fulfill the responsibility to administer the 
functions assigned under chapter 35 of title 44, United States 
Code, the provisions of the Clinger-Cohen Act of 1996 
(divisions D and E of Public Law 104-106) and the amendments 
made by that Act, and the provisions of this title, the 
Director of the Office of Management and Budget shall, not 
later than 18 months after the date of enactment of this Act, 
develop procedures to permit private employers to store and 
file electronically with Executive agencies forms containing 
information pertaining to the employees of such employers.

SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.

    (a) Ongoing Study Required.--In order to fulfill the 
responsibility to administer the functions assigned under 
chapter 35 of title 44, United States Code, the provisions of 
the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 
104-106) and the amendments made by that Act, and the 
provisions of this title, the Director of the Office of 
Management and Budget shall, in cooperation with the National 
Telecommunications and Information Administration, conduct an 
ongoing study of the use of electronic signatures under this 
title on--
            (1) paperwork reduction and electronic commerce;
            (2) individual privacy; and
            (3) the security and authenticity of transactions.
    (b) Reports.--The Director shall submit to Congress on a 
periodic basis a report describing the results of the study 
carried out under subsection (a).

SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.

    Electronic records submitted or maintained in accordance 
with procedures developed under this title, or electronic 
signatures or other forms of electronic authentication used in 
accordance with such procedures, shall not be denied legal 
effect, validity, or enforceability because such records are in 
electronic form.

SEC. 1708. DISCLOSURE OF INFORMATION.

    Except as provided by law, information collected in the 
provision of electronic signature services for communications 
with an executive agency, as provided by this title, shall only 
be used or disclosed by persons who obtain, collect, or 
maintain such information as a business or government practice, 
for the purpose of facilitating such communications, or with 
the prior affirmative consent of the person about whom the 
information pertains.

SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.

    No provision of this title shall apply to the Department of 
the Treasury or the Internal Revenue Service to the extent that 
such provision--
            (1) involves the administration of the internal 
        revenue laws; or
            (2) conflicts with any provision of the Internal 
        Revenue Service Restructuring and Reform Act of 1998 or 
        the Internal Revenue Code of 1986.

SEC. 1710. DEFINITIONS.

    For purposes of this title:
            (1) Electronic signature.--The term ``electronic 
        signature'' means a method of signing an electronic 
        message that--
                    (A) identifies and authenticates a 
                particular person as the source of the 
                electronic message; and
                    (B) indicates such person's approval of the 
                information contained in the electronic 
                message.
            (2) Executive agency.--The term ``Executive 
        agency'' has the meaning given that term in section 105 
        of title 5, United States Code.

                 DIVISION D--DRUG DEMAND REDUCTION ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Drug 
Demand Reduction Act''.
    (b) Table of Contents.--The table of contents for this 
division is as follows:

Sec. 1. Short title; table of contents.

   TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

           Subtitle A--National Youth Anti-Drug Media Campaign

Sec. 101. Short title.
Sec. 102. Requirement to conduct national media campaign.
Sec. 103. Use of funds.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.

                 Subtitle B--Drug-Free Prisons and Jails

Sec. 111. Short title.
Sec. 112. Purpose.
Sec. 113. Program authorization.
Sec. 114. Grant application.
Sec. 115. Uses of funds.
Sec. 116. Evaluation and recommendation report to Congress.
Sec. 117. Definitions.
Sec. 118. Authorization of appropriations.

             Subtitle C--Drug-Free Schools Quality Assurance

Sec. 121. Short title.
Sec. 122. Amendment to Safe and Drug-Free Schools and Communities Act.

             TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY

      Subtitle A--Congressional Leadership in Community Coalitions

Sec. 201. Sense of Congress.

             Subtitle B--Rejection of Legalization of Drugs

Sec. 211. Sense of Congress.

  Subtitle C--Report on Streamlining Federal Prevention and Treatment 
                                 Efforts

Sec. 221. Report on streamlining Federal prevention and treatment 
          efforts.

  TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

          Subtitle A--National Youth Anti-Drug Media Campaign

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Media 
Campaign Act of 1998''.

SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.

    (a) In General.--The Director of the Office of National 
Drug Control Policy (in this subtitle referred to as the 
``Director'') shall conduct a national media campaign in 
accordance with this subtitle for the purpose of reducing and 
preventing drug abuse among young people in the United States.
    (b) Local Target Requirement.--The Director shall, to the 
maximum extent feasible, use amounts made available to carry 
out this subtitle under section 105 for media that focuses on, 
or includes specific information on, prevention or treatment 
resources for consumers within specific local areas.

SEC. 103. USE OF FUNDS.

    (a) Authorized Uses.--
            (1) In general.--Amounts made available to carry 
        out this subtitle for the support of the national media 
        campaign may only be used for--
                    (A) the purchase of media time and space;
                    (B) talent reuse payments;
                    (C) out-of-pocket advertising production 
                costs;
                    (D) testing and evaluation of advertising;
                    (E) evaluation of the effectiveness of the 
                media campaign;
                    (F) the negotiated fees for the winning 
                bidder on request for proposals issued by the 
                Office of National Drug Control Policy;
                    (G) partnerships with community, civic, and 
                professional groups, and government 
                organizations related to the media campaign; 
                and
                    (H) entertainment industry collaborations 
                to fashion antidrug messages in motion 
                pictures, television programing, popular music, 
                interactive (Internet and new) media projects 
                and activities, public information, news media 
                outreach, and corporate sponsorship and 
                participation.
            (2) Advertising.--In carrying out this subtitle, 
        the Director shall devote sufficient funds to the 
        advertising portion of the national media campaign to 
        meet the stated reach and frequency goals of the 
        campaign.
    (b) Prohibitions.--None of the amounts made available under 
section 105 may be obligated or expended--
            (1) to supplant current antidrug community based 
        coalitions;
            (2) to supplant current pro bono public service 
        time donated by national and local broadcasting 
        networks;
            (3) for partisan political purposes; or
            (4) to fund media campaigns that feature any 
        elected officials, persons seeking elected office, 
        cabinet level officials, or other Federal officials 
        employed pursuant to section 213 of Schedule C of title 
        5, Code of Federal Regulations, unless the Director 
        provides advance notice to the Committees on 
        Appropriations of the House of Representatives and the 
        Senate, the Committee on Government Reform and 
        Oversight of the House of Representatives and the 
        Committee on the Judiciary of the Senate.
    (c) Matching Requirement.--Amounts made available under 
section 105 should be matched by an equal amount of non-Federal 
funds for the national media campaign, or be matched with in-
kind contributions to the campaign of the same value.

SEC. 104. REPORTS TO CONGRESS.

    The Director shall--
            (1) submit to Congress on an annual basis a report 
        on the activities for which amounts made available 
        under section 105 have been obligated during the 
        preceding year, including information for each quarter 
        of such year, and on the specific parameters of the 
        national media campaign; and
            (2) not later than 1 year after the date of 
        enactment of this Act, submit to Congress a report on 
        the effectiveness of the national media campaign based 
        on measurable outcomes provided to Congress previously.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Office of 
National Drug Control Policy to carry out this subtitle 
$195,000,000 for each of fiscal years 1999 through 2002.

                Subtitle B--Drug-Free Prisons and Jails

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Prisons and 
Jails Act of 1998''.

SEC. 112. PURPOSE.

    The purpose of this subtitle is to provide for the 
establishment of model programs for comprehensive treatment of 
substance-involved offenders in the criminal justice system to 
reduce drug abuse and drug-related crime, and reduce the costs 
of the criminal justice system, that can be successfully 
replicated by States and local units of government through a 
comprehensive evaluation.

SEC. 113. PROGRAM AUTHORIZATION.

    (a) Establishment.--The Director of the Bureau of Justice 
Assistance shall establish a model substance abuse treatment 
program for substance-involved offenders by--
            (1) providing financial assistance to grant 
        recipients selected in accordance with section 114(b); 
        and
            (2) evaluating the success of programs conducted 
        pursuant to this subtitle.
    (b) Grant Awards.--The Director may award not more than 5 
grants to units of local government and not more than 5 grants 
to States.
    (c) Administrative Costs.--Not more than 5 percent of a 
grant award made pursuant to this subtitle may be used for 
administrative costs.

SEC. 114. GRANT APPLICATION.

    (a) Contents.--An application submitted by a unit of local 
government or a State for a grant award under this subtitle 
shall include each of the following:
            (1) Strategy.--A strategy to coordinate programs 
        and services for substance-involved offenders provided 
        by the unit of local government or the State, as the 
        case may be, developed in consultation with 
        representatives from all components of the criminal 
        justice system within the jurisdiction, including 
        judges, law enforcement personnel, prosecutors, 
        corrections personnel, probation personnel, parole 
        personnel, substance abuse treatment personnel, and 
        substance abuse prevention personnel.
            (2) Certification.--A certification that--
                    (A) Federal funds made available under this 
                subtitle will not be used to supplant State or 
                local funds, but will be used to increase the 
                amounts of such funds that would, in the 
                absence of Federal funds, be made available for 
                law enforcement activities; and
                    (B) the programs developed pursuant to this 
                subtitle meet all requirements of this 
                subtitle.
    (b) Review and Approval.--Subject to section 113(b), the 
Director shall approve applications and make grant awards to 
units of local governments and States that show the most 
promise for accomplishing the purposes of this subtitle 
consistent with the provisions of section 115.

SEC. 115. USES OF FUNDS.

    A unit of local government or State that receives a grant 
award under this subtitle shall use such funds to provide 
comprehensive treatment programs to inmates in prisons or 
jails, including not less than 3 of the following:
            (1) Tailored treatment programs to meet the special 
        needs of different types of substance-involved 
        offenders.
            (2) Random and frequent drug testing, including a 
        system of sanctions.
            (3) Training and assistance for corrections 
        officers and personnel to assist substance-involved 
        offenders in correctional facilities.
            (4) Clinical assessment of incoming substance-
        involved offenders.
            (5) Availability of religious and spiritual 
        activity and counseling to provide an environment that 
        encourages recovery from substance involvement in 
        correctional facilities.
            (6) Education and vocational training.
            (7) A substance-free correctional facility policy.

SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.

    (a) Evaluation.--
            (1) In general.--The Director shall enter into a 
        contract, with an evaluating agency that has 
        demonstrated experience in the evaluation of substance 
        abuse treatment, to conduct an evaluation that 
        incorporates the criteria described in paragraph (2).
            (2) Evaluation criteria.--The Director, in 
        consultation with the Directors of the appropriate 
        National Institutes of Health, shall establish minimum 
        criteria for evaluating each program. Such criteria 
        shall include--
                    (A) reducing substance abuse among 
                participants;
                    (B) reducing recidivism among participants;
                    (C) cost effectiveness of providing 
                services to participants; and
                    (D) a data collection system that will 
                produce data comparable to that used by the 
                Office of Applied Studies of the Substance 
                Abuse and Mental Health Services Administration 
                and the Bureau of Justice Statistics of the 
                Office of Justice Programs.
    (b) Report.--The Director shall submit to the appropriate 
committees, at the same time as the President's budget for 
fiscal year 2001 is submitted, a report that--
            (1) describes the activities funded by grant awards 
        under this subtitle;
            (2) includes the evaluation submitted pursuant to 
        subsection (a); and
            (3) makes recommendations regarding revisions to 
        the authorization of the program, including extension, 
        expansion, application requirements, reduction, and 
        termination.

SEC. 117. DEFINITIONS.

    In this subtitle:
            (1) Appropriate committees.--The term ``appropriate 
        committees'' means the Committees on the Judiciary and 
        the Committees on Appropriations of the House of 
        Representatives and the Senate.
            (2) Director.--The term ``Director'' means the 
        Director of the Bureau of Justice Assistance.
            (3) Substance-involved offender.--The term 
        ``substance-involved offender'' means an individual 
        under the supervision of a State or local criminal 
        justice system, awaiting trial or serving a sentence 
        imposed by the criminal justice system, who--
                    (A) violated or has been arrested for 
                violating a drug or alcohol law;
                    (B) was under the influence of alcohol or 
                an illegal drug at the time the crime was 
                committed;
                    (C) stole property to buy illegal drugs; or
                    (D) has a history of substance abuse and 
                addiction.
            (4) Unit of local government.--The term ``unit of 
        local government'' means any city, county, township, 
        town, borough, parish, village, or other general 
        purpose political subdivision of a State, an Indian 
        tribe which performs law enforcement functions as 
        determined by the Secretary of the Interior and any 
        agency of the District of Columbia government or the 
        United States Government performing law enforcement 
        functions in and for the District of Columbia, and the 
        Trust Territory of the Pacific Islands.

SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
carry out this subtitle from the Violent Crime Reduction Trust 
Fund as authorized by title 31 of the Violent Crime and Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14211)--
            (1) for fiscal year 1999, $30,000,000; and
            (2) for fiscal year 2000, $20,000,000.
    (b) Reservation.--The Director may reserve each fiscal year 
not more than 20 percent of the funds appropriated pursuant to 
subsection (a) for activities required under section 116.

            Subtitle C--Drug-Free Schools Quality Assurance

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Drug-Free Schools 
Quality Assurance Act''.

SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT.

    Subpart 3 of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7141 et seq.) is amended by 
adding at the end the following:

``SEC. 4134. QUALITY RATING.

    ``(a) In General.--The chief executive officer of each 
State, or in the case of a State in which the constitution or 
law of such State designates another individual, entity, or 
agency in the State to be responsible for education activities, 
such individual, entity, or agency, is authorized and 
encouraged--
            ``(1) to establish a standard of quality for drug, 
        alcohol, and tobacco prevention programs implemented in 
        public elementary schools and secondary schools in the 
        State in accordance with subsection (b); and
            ``(2) to identify and designate, upon application 
        by a public elementary school or secondary school, any 
        such school that achieves such standard as a quality 
        program school.
    ``(b) Criteria.--The standard referred to in subsection (a) 
shall address, at a minimum--
            ``(1) a comparison of the rate of illegal use of 
        drugs, alcohol, and tobacco by students enrolled in the 
        school for a period of time to be determined by the 
        chief executive officer of the State;
            ``(2) the rate of suspensions or expulsions of 
        students enrolled in the school for drug, alcohol, or 
        tobacco-related offenses;
            ``(3) the effectiveness of the drug, alcohol, or 
        tobacco prevention program as proven by research;
            ``(4) the involvement of parents and community 
        members in the design of the drug, alcohol, and tobacco 
        prevention program; and
            ``(5) the extent of review of existing community 
        drug, alcohol, and tobacco prevention programs before 
        implementation of the public school program.
    ``(c) Request for Quality Program School Designation.--A 
school that wishes to receive a quality program school 
designation shall submit a request and documentation of 
compliance with this section to the chief executive officer of 
the State or the individual, entity, or agency described in 
subsection (a), as the case may be.
    ``(d) Public Notification.--Not less than once a year, the 
chief executive officer of each State or the individual, 
entity, or agency described in subsection (a), as the case may 
be, shall make available to the public a list of the names of 
each public school in the State that has received a quality 
program school designation in accordance with this section.''.

            TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY

      Subtitle A--Congressional Leadership in Community Coalitions

SEC. 201. SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Illegal drug use is dangerous to the physical 
        well-being of the Nation's youth.
            (2) Illegal drug use can destroy the lives of the 
        Nation's youth by diminishing their sense of morality 
        and with it everything in life that is important and 
        worthwhile.
            (3) According to recently released national 
        surveys, drug use among the Nation's youth remains at 
        alarmingly high levels.
            (4) National leadership is critical to conveying to 
        the Nation's youth the message that drug use is 
        dangerous and wrong.
            (5) National leadership can help mobilize every 
        sector of the community to support the implementation 
        of comprehensive, sustainable, and effective programs 
        to reduce drug abuse.
            (6) As of September 1, 1998, 76 Members of the 
        House of Representatives were establishing community-
        based antidrug coalitions in their congressional 
        districts or were actively supporting such coalitions 
        that already existed.
            (7) The individual Members of the House of 
        Representatives can best help their constituents 
        prevent drug use among the Nation's youth by 
        establishing community-based antidrug coalitions in 
        their congressional districts or by actively supporting 
        such coalitions that already exist.
    (b) Sense of Congress.--It is the sense of Congress that 
the individual Members of the House of Representatives, 
including the Delegates and the Resident Commissioner, should 
establish community-based antidrug coalitions in their 
congressional districts or should actively support any such 
coalitions that have been established.

             Subtitle B--Rejection of Legalization of Drugs

SEC. 211. SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Illegal drug use is harmful and wrong.
            (2) Illegal drug use can kill the individuals 
        involved or cause the individuals to hurt or kill 
        others, and such use strips the individuals of their 
        moral sense.
            (3) The greatest threat presented by such use is to 
        the youth of the United States, who are illegally using 
        drugs in increasingly greater numbers.
            (4) The people of the United States are more 
        concerned about illegal drug use and crimes associated 
        with such use than with any other current social 
        problem.
            (5) Efforts to legalize or otherwise legitimize 
        drug use present a message to the youth of the United 
        States that drug use is acceptable.
            (6) Article VI, clause 2 of the Constitution of the 
        United States states that ``[t]his Constitution, and 
        the laws of the United States which shall be made in 
        pursuance thereof; and all treaties made, or which 
        shall be made, under the authority of the United 
        States, shall be the supreme law of the land; and 
        judges in every state shall be bound thereby, any thing 
        in the Constitution or laws of any state to the 
        contrary notwithstanding.''.
            (7) The courts of the United States have repeatedly 
        found that any State law that conflicts with a Federal 
        law or treaty is preempted by such law or treaty.
            (8) The Controlled Substances Act (21 U.S.C. 801 et 
        seq.) strictly regulates the use and possession of 
        drugs.
            (9) The United Nations Convention Against Illicit 
        Traffic in Narcotic Drugs and Psychotrophic Substances 
        Treaty similarly regulates the use and possession of 
        drugs.
            (10) Any attempt to authorize under State law an 
        activity prohibited under such Treaty or the Controlled 
        Substances Act would conflict with that Treaty or Act.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the several States, and the citizens of such 
        States, should reject the legalization of drugsthrough 
legislation, ballot proposition, constitutional amendment, or any other 
means; and
            (2) each State should make efforts to be a drug-
        free State.

  Subtitle C--Report on Streamlining Federal Prevention and Treatment 
                                Efforts

SEC. 221. REPORT ON STREAMLINING FEDERAL PREVENTION AND TREATMENT 
                    EFFORTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the efforts of the Federal Government to reduce 
        the demand for illegal drugs in the United States are 
        frustrated by the fragmentation of those efforts across 
        multiple departments and agencies; and
            (2) improvement of those efforts can best be 
        achieved through consolidation and coordination.
    (b) Report Requirement.--
            (1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the Director of the 
        Office of National Drug Control Policy shall prepare 
        and submit to the appropriate committees a report 
        evaluating options for increasing the efficacy of drug 
        prevention and treatment programs and activities by the 
        Federal Government. Such option shall include the 
        merits of a consolidation of programs into a single 
        agency, transferring programs from 1 agency to another, 
        and improving coordinating mechanisms and authorities. 
        The report shall also include a thorough review of the 
        activities and potential consolidation of existing 
        Federal drug information clearinghouses.
            (2) Recommendation and explanatory statement.--The 
        study submitted under paragraph (1) shall identify 
        options that are determined by the Director to have 
        merit, and an explanation which options should be 
        implemented.
            (3) Authorization of appropriations.--There is 
        authorized to be appropriated to the Office of National 
        Drug Control Policy to carry out this subsection 
        $1,000,000 for contracting, policy research, and 
        related costs.
    (c) Appropriate Committees Defined.--In this section, the 
term ``appropriate committees'' means the Committee on 
Appropriations, the Committee on Commerce, and the Committee on 
Education and the Workforce of the House of Representatives, 
and the Committee on Appropriations, and Committee on Labor and 
Human Resources of the Senate.

DIVISION E--METHAMPHETAMINE TRAFFICKING PENALTY ENHANCEMENT ACT OF 1998

SECTION 1. SHORT TITLE.

    This division may be cited as the ``Methamphetamine 
Trafficking Penalty Enhancement Act of 1998''.

SEC. 2. METHAMPHETAMINE PENALTY INCREASES.

    (a) Controlled Substances Act.--Section 401(b)(1) of the 
Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) in subparagraph (A)(viii)--
                    (A) by striking ``100 grams'' and inserting 
                ``50 grams''; and
                    (B) by striking ``1 kilogram'' and 
                inserting ``500 grams''; and
            (2) in subparagraph (B)(viii)--
                    (A) by striking ``10 grams'' and inserting 
                ``5 grams''; and
                    (B) by striking ``100 grams'' and inserting 
                ``50 grams''.
    (b) Controlled Substances Import and Export Act.--Section 
1010(b) of the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended--
            (1) in paragraph (1)(H)--
                    (A) by striking ``100 grams'' and inserting 
                ``50 grams''; and
                    (B) by striking ``1 kilogram'' and 
                inserting ``500 grams''; and
            (2) in paragraph (2)(H)--
                    (A) by striking ``10 grams'' and inserting 
                ``5 grams''; and
                    (B) by striking ``100 grams'' and inserting 
                ``50 grams''.

SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE VIOLENT 
                    OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING 
                    GRANTS PROGRAM.

    Section 20105(b) of the Violent Crime Control and Law 
Enforcement Act of 1994 is amended to read as follows:
    ``(b) Additional Requirements.--
            ``(1) Eligibility for grant.--To be eligible to 
        receive a grant under section 20103 or section 20104, a 
        State shall--
                    ``(A) provide assurances to the Attorney 
                General that the State has implemented or will 
                implement not later than 18 months after the 
                date of the enactment of this subtitle, 
                policies that provide for the recognition of 
                the rights of crime victims; and
                    ``(B) subject to the limitation of 
                paragraph (2), no later than September 1, 2000, 
                consider a program of drug testing and 
                intervention for appropriate categories of 
                convicted offenders during periods of 
                incarceration and post-incarceration and 
                criminal justice supervision, with sanctions 
                including denial or revocation of release for 
                positive drug tests, consistent with guidelines 
                issued by the Attorney General.
            ``(2) Use of funds.--Beginning in fiscal year 1999, 
        not more than 10 percent of the funds provided under 
        section 20103 or section 20104 of this subtitle may be 
        applied to the cost of offender drug testing and 
        intervention programs during periods of incarceration 
        and post-incarceration criminal justice supervision, 
        consistent with guidelines issued by the Attorney 
        General. Further, such funds may be used by the States 
        to pay the costs of providing to the Attorney General a 
        baseline study on their prison drug abuse problem. Such 
        studies shall be consistent with guidelines issued by 
        the Attorney General.''.

         DIVISION F--NOT LEGALIZING MARIJUANA FOR MEDICINAL USE

      It is the sense of the Congress that--
          (1) certain drugs are listed on Schedule I of the 
        Controlled Substances Act if they have a high potential 
        for abuse, lack any currently accepted medical use in 
        treatment, and are unsafe, even under medical 
        supervision;
          (2) the consequences of illegal use of Schedule I 
        drugs are well documented, particularly with regard to 
        physical health, highway safety, and criminal activity;
          (3) pursuant to section 401 of the Controlled 
        Substances Act, it is illegal to manufacture, 
        distribute, or dispense marijuana, heroin, LSD, and 
        more than 100 other Schedule I drugs;
          (4) pursuant to section 505 of the Federal Food, Drug 
        and Cosmetic Act, before any drug can be approved as a 
        medication in the United States, it must meet extensive 
        scientific and medical standards established by the 
        Food and Drug Administration to ensure it is safe and 
        effective;
          (5) marijuana and other Schedule I drugs have not 
        been approved by the Food and Drug Administration to 
        treat any disease or condition;
          (6) the Federal Food, Drug and Cosmetic Act already 
        prohibits the sale of any unapproved drug, including 
        marijuana, that has not been proven safe and effective 
        for medical purposes and grants the Food and Drug 
        Administration the authority to enforce this 
        prohibition through seizure and other civil action, as 
        well as through criminal penalties;
          (7) marijuana use by children in grades 8 through 12 
        declined steadily from 1980 to 1992, but, from 1992 to 
        1996, has dramatically increased by 253 percent among 
        8th graders, 151 percent among 10th graders, and 84 
        percent among 12th graders, and the average age of 
        first-time use of marijuana is now younger than it has 
        ever been;
          (8) according to the 1997 survey by the Center on 
        Addiction and Substance Abuse at Columbia University, 
        500,000 8th graders began using marijuana in the 6th 
        and 7th grades;
          (9) according to that same 1997 survey, youths 
        between the ages of 12 and 17 who use marijuana are 85 
        times more likely to use cocaine than those who abstain 
        from marijuana, and 60 percent of adolescents who use 
        marijuana before the age of 15 will later use cocaine; 
        and
          (10) the rate of illegal drug use among youth is 
        linked to their perceptions of the health and safety 
        risks of those drugs, and the ambiguous cultural 
        messages about marijuana use are contributing to a 
        growing acceptance of marijuana use among children and 
        teenagers;
          (11) Congress continues to support the existing 
        Federal legal process for determining the safety and 
        efficacy of drugs and opposes efforts to circumvent 
        this process by legalizing marijuana, and other 
        Schedule I drugs, for medicinal use without valid 
        scientific evidence and the approval of the Food and 
        Drug Administration; and
          (12) not later than 90 days after the date of the 
        enactment of this Act--
                  (A) the Attorney General shall submit to the 
                Committees on the Judiciary of the House of 
                Representatives and the Senate a report on--
                          (i) the total quantity of marijuana 
                        eradicated in the United States during 
                        the period from 1992 through 1997; and
                          (ii) the annual number of arrests and 
                        prosecutions for Federal marijuana 
                        offenses during the period described in 
                        clause (i); and
                  (B) the Commissioner of Foods and Drugs shall 
                submit to the Committee on Commerce of the 
                House of Representatives and the Committee on 
                Labor and Human Resources of the Senate a 
                report on the specific efforts underway to 
                enforce sections 304 and 505 of the Federal 
                Food, Drug and Cosmetic Act with respect to 
                marijuana and other Schedule I drugs.

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

SEC. 1001. SHORT TITLE.

      This division may be cited as the ``Foreign Affairs 
Reform and Restructuring Act of 1998''.

SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF 
                    CONTENTS.

      (a) Divisions.--This division is organized into three 
subdivisions as follows:
          (1) Subdivision a.--Foreign Affairs Agencies 
        Consolidation Act of 1998.
          (2) Subdivision b.--Foreign Relations Authorization 
        Act, Fiscal Years 1998 and 1999.
          (3) Subdivision c.--United Nations Reform Act of 
        1998.
      (b) Table of Contents.--The table of contents for this 
division is as follows:

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

Sec. 1001. Short title.
Sec. 1002. Organization of division into subdivisions; table of 
          contents.

        Subdivision A--Consolidation of Foreign Affairs Agencies

                      TITLE XI--GENERAL PROVISIONS

Sec. 1101. Short title.
Sec. 1102. Purposes.
Sec. 1103. Definitions.
Sec. 1104. Report on budgetary cost savings resulting from 
          reorganization.

      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                      Chapter 1--General Provisions

Sec. 1201. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1211. Abolition of United States Arms Control and Disarmament 
          Agency.
Sec. 1212. Transfer of functions to Secretary of State.
Sec. 1213. Under Secretary for Arms Control and International Security.

                    Chapter 3--Conforming Amendments

Sec. 1221. References.
Sec. 1222. Repeals.
Sec. 1223. Amendments to the Arms Control and Disarmament Act.
Sec. 1224. Compensation of officers.
Sec. 1225. Additional conforming amendments.

              TITLE XIII--UNITED STATES INFORMATION AGENCY

                      Chapter 1--General Provisions

Sec. 1301. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1311. Abolition of United States Information Agency.
Sec. 1312. Transfer of functions.
Sec. 1313. Under Secretary of State for Public Diplomacy.
Sec. 1314. Abolition of Office of Inspector General of United States 
          Information Agency and transfer of functions.

                  Chapter 3--International Broadcasting

Sec. 1321. Congressional findings and declaration of purpose.
Sec. 1322. Continued existence of Broadcasting Board of Governors.
Sec. 1323. Conforming amendments to the United States International 
          Broadcasting Act of 1994.
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 1326. Transfer of broadcasting related funds, property, and 
          personnel.
Sec. 1327. Savings provisions.
Sec. 1328. Report on the privatization of RFE/RL, Incorporated.

                    Chapter 4--Conforming Amendments

Sec. 1331. References.
Sec. 1332. Amendments to title 5, United States Code.
Sec. 1333. Application of certain laws.
Sec. 1334. Abolition of United States Advisory Commission on Public 
          Diplomacy.
Sec. 1335. Conforming amendments.
Sec. 1336. Repeals.

  TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                      Chapter 1--General Provisions

Sec. 1401. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1411. Abolition of United States International Development 
          Cooperation Agency.
Sec. 1412. Transfer of functions and authorities.
Sec. 1413. Status of AID.

                    Chapter 3--Conforming Amendments

Sec. 1421. References.
Sec. 1422. Conforming amendments.

             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                      Chapter 1--General Provisions

Sec. 1501. Effective date.

           Chapter 2--Reorganization and Transfer of Functions

Sec. 1511. Reorganization of Agency for International Development.

            Chapter 3--Authorities of the Secretary of State

Sec. 1521. Definition of United States assistance.
Sec. 1522. Administrator of AID reporting to the Secretary of State.
Sec. 1523. Assistance programs coordination and oversight.

                          TITLE XVI--TRANSITION

                     Chapter 1--Reorganization Plan

Sec. 1601. Reorganization plan and report.

                   Chapter 2--Reorganization Authority

Sec. 1611. Reorganization authority.
Sec. 1612. Transfer and allocation of appropriations.
Sec. 1613. Transfer, appointment, and assignment of personnel.
Sec. 1614. Incidental transfers.
Sec. 1615. Savings provisions.
Sec. 1616. Authority of Secretary of State to facilitate transition.
Sec. 1617. Final report.

             Subdivision B--Foreign Relations Authorization

                      TITLE XX--GENERAL PROVISIONS

Sec. 2001. Short title.
Sec. 2002. Definition of appropriate congressional committees.

   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

Sec. 2101. Administration of foreign affairs.
Sec. 2102. International commissions.
Sec. 2103. Grants to The Asia Foundation.
Sec. 2104. Voluntary contributions to international organizations.
Sec. 2105. Voluntary contributions to peacekeeping operations.
Sec. 2106. Limitation on United States voluntary contributions to United 
          Nations Development Program.

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                  Chapter 1--Authorities and Activities

Sec. 2201. Reimbursement of Department of State for assistance to 
          overseas educational facilities.
Sec. 2202. Revision of Department of State rewards program.
Sec. 2203. Retention of additional defense trade controls registration 
          fees.
Sec. 2204. Fees for commercial services.
Sec. 2205. Pilot program for foreign affairs reimbursement.
Sec. 2206. Fee for use of diplomatic reception rooms.
Sec. 2207. Budget presentation documents.
Sec. 2208. Office of the Inspector General.
Sec. 2209. Capital Investment Fund.
Sec. 2210. Contracting for local guards services overseas.
Sec. 2211. Authority of the Foreign Claims Settlement Commission.
Sec. 2212. Expenses relating to certain international claims and 
          proceedings.
Sec. 2213. Grants to remedy international abductions of children.
Sec. 2214. Counterdrug and anticrime activities of the Department of 
          State.
Sec. 2215. Annual report on overseas surplus properties.
Sec. 2216. Human rights reports.
Sec. 2217. Reports and policy concerning diplomatic immunity.
Sec. 2218. Reaffirming United States international telecommunications 
          policy.
Sec. 2219. Reduction of reporting.

       Chapter 2--Consular Authorities of the Department of State

Sec. 2221. Use of certain passport processing fees for enhanced passport 
          services.
Sec. 2222. Consular officers.
Sec. 2223. Repeal of outdated consular receipt requirements.
Sec. 2224. Elimination of duplicate Federal Register publication for 
          travel advisories.
Sec. 2225. Denial of visas to confiscators of American property. 
Sec. 2226. Inadmissibility of any alien supporting an international 
          child abductor.

                    Chapter 3--Refugees and Migration

               SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS

Sec. 2231. Migration and refugee assistance.

                         SUBCHAPTER B--AUTHORITIES

Sec. 2241. United States policy regarding the involuntary return of 
          refugees.
Sec. 2242. United States policy with respect to the involuntary return 
          of persons in danger of subjection to torture.
Sec. 2243. Reprogramming of migration and refugee assistance funds.
Sec. 2244. Eligibility for refugee status.
Sec. 2245. Reports to Congress concerning Cuban emigration policies.

  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           Chapter 1--Organization of the Department of State

Sec. 2301. Coordinator for Counterterrorism.
Sec. 2302. Elimination of Deputy Assistant Secretary of State for 
          Burdensharing.
Sec. 2303. Personnel management.
Sec. 2304. Diplomatic security.
Sec. 2305. Number of senior official positions authorized for the 
          Department of State.
Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of 
          State.

  Chapter 2--Personnel of the Department of State; the Foreign Service

Sec. 2311. Foreign Service reform.
Sec. 2312. Retirement benefits for involuntary separation.
Sec. 2313. Authority of Secretary to separate convicted felons from the 
          Foreign Service.
Sec. 2314. Career counseling.
Sec. 2315. Limitations on management assignments.
Sec. 2316. Availability pay for certain criminal investigators within 
          the Diplomatic Security Service.
Sec. 2317. Nonovertime differential pay.
Sec. 2318. Report concerning minorities and the Foreign Service.

   TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               Chapter 1--Authorization of Appropriations

Sec. 2401. International information activities and educational and 
          cultural exchange programs.

                  Chapter 2--Authorities and Activities

Sec. 2411. Retention of interest.
Sec. 2412. Use of selected program fees.
Sec. 2413. Muskie Fellowship Program.
Sec. 2414. Working Group on United States Government-Sponsored 
          International Exchanges and Training.
Sec. 2415. Educational and cultural exchanges and scholarships for 
          Tibetans and Burmese.
Sec. 2416. Surrogate broadcasting study.
Sec. 2417. Radio broadcasting to Iran in the Farsi language.
Sec. 2418. Authority to administer summer travel and work programs.
Sec. 2419. Permanent administrative authorities regarding 
          appropriations.
Sec. 2420. Voice of America broadcasts.

    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

Sec. 2501. International conferences and contingencies.
Sec. 2502. Restriction relating to United States accession to any new 
          international criminal tribunal.
Sec. 2503. United States membership in the Bureau of the 
          Interparliamentary Union.
Sec. 2504. Service in international organizations.
Sec. 2505. Reports regarding foreign travel.

      TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 2601. Authorization of appropriations.
Sec. 2602. Statutory construction.

               TITLE XXVII--EUROPEAN SECURITY ACT OF 1998

Sec. 2701. Short title.
Sec. 2702. Statement of policy.
Sec. 2703. Authorities relating to NATO enlargement.
Sec. 2704. Sense of Congress with respect to the Treaty on Conventional 
          Armed Forces in Europe.
Sec. 2705. Restrictions and requirements relating to ballistic missile 
          defense.

              TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS

Sec. 2801. Reports on claims by United States firms against the 
          Government of Saudi Arabia.
Sec. 2802. Reports on determinations under title IV of the Libertad Act.
Sec. 2803. Report on compliance with the Hague Convention on 
          International Child Abduction.
Sec. 2804. Sense of Congress relating to recognition of the Ecumenical 
          Patriarchate by the Government of Turkey.
Sec. 2805. Report on relations with Vietnam.
Sec. 2806. Reports and policy concerning human rights violations in 
          Laos.
Sec. 2807. Report on an alliance against narcotics trafficking in the 
          Western Hemisphere.
Sec. 2808. Congressional statement regarding the accession of Taiwan to 
          the World Trade Organization.
Sec. 2809. Programs or projects of the International Atomic Energy 
          Agency in Cuba.
Sec. 2810. Limitation on assistance to countries aiding Cuba nuclear 
          development.
Sec. 2811. International Fund for Ireland.
Sec. 2812. Support for democratic opposition in Iraq.
Sec. 2813. Development of democracy in the Republic of Serbia.

        SUBDIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

                      TITLE XI--GENERAL PROVISIONS

SEC. 1101. SHORT TITLE.

    This subdivision may be cited as the ``Foreign Affairs 
Agencies Consolidation Act of 1998''.

SEC. 1102. PURPOSES.

    The purposes of this subdivision are--
            (1) to strengthen--
                    (A) the coordination of United States 
                foreign policy; and
                    (B) the leading role of the Secretary of 
                State in the formulation and articulation of 
                United States foreign policy;
            (2) to consolidate and reinvigorate the foreign 
        affairs functions of the United States within the 
        Department of State by--
                    (A) abolishing the United States Arms 
                Control and Disarmament Agency, the United 
                States Information Agency, and the United 
                States International Development Cooperation 
                Agency, and transferring the functions of these 
                agencies to the Department of State while 
                preserving the special missions and skills of 
                these agencies;
                    (B) transferring certain functions of the 
                Agency for International Development to the 
                Department of State; and
                    (C) providing for the reorganization of the 
                Department of State to maximize the efficient 
                use of resources, which may lead to budget 
                savings, eliminate redundancy in functions, and 
                improvement in the management of the Department 
                of State;
            (3) to ensure that programs critical to the 
        promotion of United States national interests be 
        maintained;
            (4) to assist congressional efforts to balance the 
        Federal budget and reduce the Federal debt;
            (5) to ensure that the United States maintains 
        effective representation abroad within budgetary 
        restraints; and
            (6) to encourage United States foreign affairs 
        agencies to maintain a high percentage of the best 
        qualified, most competent United States citizens 
        serving in the United States Government.

SEC. 1103. DEFINITIONS.

    In this subdivision:
            (1) ACDA.--The term ``ACDA'' means the United 
        States Arms Control and Disarmament Agency.
            (2) AID.--The term ``AID'' means the United States 
        Agency for International Development.
            (3) Agency; federal agency.--The term ``agency'' or 
        ``Federal agency'' means an Executive agency as defined 
        in section 105 of title 5, United States Code.
            (4) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on International Relations and the Committee 
        on Appropriations of the House of Representatives and 
        the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate.
            (5) Covered agency.--The term ``covered agency'' 
        means any of the following agencies: ACDA, USIA, IDCA, 
        and AID.
            (6) Department.--The term ``Department'' means the 
        Department of State.
            (7) Function.--The term ``function'' means any 
        duty, obligation, power, authority, responsibility, 
        right, privilege, activity, or program.
          (8) IDCA.--The term ``IDCA'' means the United States 
        International Development Cooperation Agency.
          (9) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational 
        entity, or component thereof.
          (10) Secretary.--The term ``Secretary'' means the 
        Secretary of State.
          (11) USIA.--The term ``USIA'' means the United States 
        Information Agency.

SEC. 1104. REPORT ON BUDGETARY COST SAVINGS RESULTING FROM 
                    REORGANIZATION.

      The Secretary of State shall submit a report, together 
with the congressional presentation document for the budget of 
the Department of State for each of the fiscal years 2000 and 
2001, to the appropriate congressional committees describing 
the total anticipated and achieved cost savings in budget 
outlays and budget authority related to the reorganization 
implemented under this subdivision, including cost savings by 
each of the following categories:
          (1) Reductions in personnel.
          (2) Administrative consolidation, including 
        procurement.
          (3) Program consolidation.
          (4) Consolidation of real properties and leases.

      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1201. EFFECTIVE DATE.

      This title, and the amendments made by this title, shall 
take effect on the earlier of--
          (1) April 1, 1999; or
          (2) the date of abolition of the United States Arms 
        Control and Disarmament Agency pursuant to the 
        reorganization plan described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT 
                    AGENCY.

      The United States Arms Control and Disarmament Agency is 
abolished.

SEC. 1212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

      There are transferred to the Secretary of State all 
functions of the Director of the United States Arms Control and 
Disarmament Agency, and all functions of the United States Arms 
Control and Disarmament Agency and any office or component of 
such agency, under any statute, reorganization plan, Executive 
order, or other provision of law, as of the day before the 
effective date of this title.

SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.

      Section 1(b) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651(b)) is amended--
          (1) by striking ``There'' and inserting the 
        following:
          ``(1) In general.--There''; and
          (2) by adding at the end the following:
          ``(2) Under secretary for arms control and 
        international security.--There shall be in the 
        Department of State, among the Under Secretaries 
        authorized by paragraph (1), an Under Secretary for 
        Arms Control and International Security, who shall 
        assist the Secretary and the Deputy Secretary in 
        matters related to international security policy, arms 
        control, and nonproliferation. Subject to the direction 
        of the President, the Under Secretary may attend and 
        participate in meetings of the National Security 
        Council in his role as Senior Advisor to the President 
        and the Secretary of State on Arms Control and 
        Nonproliferation Matters.''.

                    CHAPTER 3--CONFORMING AMENDMENTS

SEC. 1221. REFERENCES.

    Except as otherwise provided in section 1223 or 1225, any 
reference in any statute, reorganization plan, Executive order, 
regulation, agreement, determination, or other official 
document or proceeding to--
            (1) the Director of the United States Arms Control 
        and Disarmament Agency, the Director of the Arms 
        Control and Disarmament Agency, or any other officer or 
        employee of the United States Arms Control and 
        Disarmament Agency or the Arms Control and Disarmament 
        Agency shall be deemed to refer to the Secretary of 
        State; or
            (2) the United States Arms Control and Disarmament 
        Agency or the Arms Control and Disarmament Agency shall 
        be deemed to refer to the Department of State.

SEC. 1222. REPEALS.

    The following sections of the Arms Control and Disarmament 
Act (22 U.S.C. 2551 et seq.) are repealed: Sections 21 through 
26 (22 U.S.C. 2561-2566), section 35 (22 U.S.C. 2575), section 
42 (22 U.S.C. 2582), section 43 (22 U.S.C. 2583), sections 45 
through 50 (22 U.S.C. 2585-2593), section 53 (22 U.S.C. 2593c), 
section 54 (22 U.S.C. 2593d), and section 63 (22 U.S.C. 2595b).

SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT.

    The Arms Control and Disarmament Act (22 U.S.C. 2551 et 
seq.) is amended--
            (1) in section 2 (22 U.S.C. 2551)--
                    (A) in the first undesignated paragraph, by 
                striking ``creating a new agency of peace to 
                deal with'' and inserting ``addressing'';
                    (B) by striking the second undesignated 
                paragraph; and
                    (C) in the third undesignated paragraph--
                            (i) by striking ``This 
                        organization'' and inserting ``The 
                        Secretary of State'';
                            (ii) by striking ``It shall have'' 
                        and inserting ``The Secretary shall 
                        have'';
                            (iii) by striking ``and the 
                        Secretary of State'';
                            (iv) by inserting ``, 
                        nonproliferation,'' after ``arms 
                        control'' in paragraph (1);
                            (v) by striking paragraph (2);
                            (vi) by redesignating paragraphs 
                        (3) through (5) as paragraphs (2) 
                        through (4), respectively; and
                            (vii) by striking ``, as 
                        appropriate,'' in paragraph (3) (as 
                        redesignated);
            (2) in section 3 (22 U.S.C. 2552), by striking 
        subsection (c);
            (3) in the heading for title II, by striking 
        ``ORGANIZATION'' and inserting ``SPECIAL 
        REPRESENTATIVES AND VISITING SCHOLARS'';
            (4) in section 27 (22 U.S.C. 2567)--
                    (A) by striking the third sentence;
                    (B) in the fourth sentence, by striking ``, 
                acting through the Director''; and
                    (C) in the fifth sentence, by striking 
                ``Agency'' and inserting ``Department of 
                State'';
            (5) in section 28 (22 U.S.C. 2568)--
                    (A) by striking ``Director'' each place it 
                appears and inserting ``Secretary of State'';
                    (B) in the second sentence--
                            (i) by striking ``Agency'' each 
                        place it appears and inserting 
                        ``Department of State''; and
                            (ii) by striking ``Agency's'' and 
                        inserting ``Department of State's''; 
                        and
                    
            (6) in section 31 (22 U.S.C. 2571)--
                    A) by inserting ``this title in'' after 
                ``powers in'';
                    (B) by striking ``Director'' each place it 
                appears and inserting ``Secretary of State'';
                    (C) by striking ``insure'' each place it 
                appears and inserting ``ensure'';
                    (D) in the second sentence, by striking 
                ``in accordance with procedures established 
                under section 35 of this Act'';
                    (E) in the fourth sentence by striking 
                ``The authority'' and all that follows through 
                ``disarmament:'' and inserting the following: 
                ``The authority of the Secretary under this Act 
                with respect to research, development, and 
                other studies concerning arms control, 
                nonproliferation, and disarmament shall be 
                limited to participation in the following:''; 
                and
                    (F) in subsection (l), by inserting ``and'' 
                at the end;
            (7) in section 32 (22 U.S.C. 2572)--
                    (A) by striking ``Director'' and inserting 
                ``Secretary of State''; and
                    (B) by striking ``subsection'' and 
                inserting ``section'';
            (8) in section 33(a) (22 U.S.C. 2573(a))--
                    (A) by striking ``the Secretary of 
                State,''; and
                    (B) by striking ``Director'' and inserting 
                ``Secretary of State'';
            (9) in section 34 (22 U.S.C. 2574)--
                    (A) in subsection (a)--
                            (i) in the first sentence, by 
                        striking ``Director'' and inserting 
                        ``Secretary of State'';
                            (ii) in the first sentence, by 
                        striking ``and the Secretary of 
                        State'';
                            (iii) in the first sentence, by 
                        inserting ``, nonproliferation,'' after 
                        ``in the fields of arms control'';
                            (iv) in the first sentence, by 
                        striking ``and shall have primary 
                        responsibility, whenever directed by 
                        the President, for the preparation, 
                        conduct, and management of the United 
                        States participation in international 
                        negotiations and implementation fora in 
                        the field of nonproliferation'';
                            (v) in the second sentence, by 
                        striking ``section 27'' and inserting 
                        ``section 201''; and
                            (vi) in the second sentence, by 
                        striking ``the'' after ``serve as'';
                    (B) by striking subsection (b);
                    (C) by redesignating subsection (c) as 
                subsection (b); and
                    (D) in subsection (b) (as redesignated)--
                            (i) in the text above paragraph 
                        (1), by striking ``Director'' and 
                        inserting ``Secretary of State'';
                            (ii) by striking paragraph (1); and
                            (iii) by redesignating paragraphs 
                        (2) and (3) as paragraphs (1) and (2), 
                        respectively;
            (10) in section 36 (22 U.S.C. 2576)--
                    (A) by striking ``Director'' each place it 
                appears and inserting ``Secretary of State''; 
                and
                    (B) by striking ``, in accordance with the 
                procedures established pursuant to section 35 
                of this Act,'';
            (11) in section 37 (22 U.S.C. 2577)--
                    (A) by striking ``Director'' and ``Agency'' 
                each place it appears and inserting ``Secretary 
                of State'' or ``Department of State'', 
                respectively; and
                    (B) by striking subsection (d);
            (12) in section 38 (22 U.S.C. 2578)--
                    (A) by striking ``Director'' each place it 
                appears and inserting ``Secretary of State''; 
                and
                    (B) by striking subsection (c);
            (13) in section 41 (22 U.S.C. 2581)--
                    (A) by striking ``In the performance of his 
                functions, the Director'' and inserting ``In 
                addition to any authorities otherwise 
                available, the Secretary of State in the 
                performance of functions under this Act'';
                    (B) by striking ``Agency'', ``Agency's'', 
                ``Director'', and ``Director's'' each place 
                they appear and inserting ``Department of 
                State'', ``Department of State's'', ``Secretary 
                of State'', or ``Secretary of State's'', as 
                appropriate;
                    (C) in subsection (a), by striking the 
                sentence that begins ``It is the intent'';
                    (D) in subsection (b)--
                            (i) by striking ``appoint officers 
                        and employees, including attorneys, for 
                        the Agency in accordance with the 
                        provisions of title 5, United States 
                        Code, governing appointment in the 
                        competitive service, and fix their 
                        compensation in accordance with chapter 
                        51 and with subchapter III of chapter 
                        53 of such title, relating to 
                        classification and General Schedule pay 
                        rates, except that the Director may, to 
                        the extent the Director determines 
                        necessary to the discharge of his 
                        responsibilities,'';
                            (ii) in paragraph (1), by striking 
                        ``exception'' and inserting 
                        ``subsection''; and
                            (iii) in paragraph (2)--
                                    (I) by striking 
                                ``exception'' and inserting 
                                ``subsection''; and
                                    (II) by striking 
                                ``ceiling'' and inserting 
                                ``positions allocated to carry 
                                out the purpose of this Act'';
                    (E) by striking subsection (g);
                    (F) by redesignating subsections (h), (i), 
                and (j) as subsections (g), (h), and (i), 
                respectively;
                    (G) by amending subsection (f) to read as 
                follows:
            ``(f) establish a scientific and policy advisory 
        board to advise with and make recommendations to the 
        Secretary of State on United States arms control, 
        nonproliferation, and disarmament policy and 
        activities. A majority of the board shall be composed 
        of individuals who have a demonstrated knowledge and 
        technical expertise with respect to arms control, 
        nonproliferation, and disarmament matters and who have 
        distinguished themselves in any of the fields of 
        physics, chemistry, mathematics, biology, or 
        engineering, including weapons engineering. The members 
        of the board may receive the compensation and 
        reimbursement for expenses specified for consultants by 
        subsection (d) of this section;''; and
                    (H) in subsection (h) (as redesignated), by 
                striking ``Deputy Director'' and inserting 
                ``Under Secretary for Arms Control and 
                International Security'';
            (14) in section 44 (22 U.S.C. 2584)--
                    (A) by striking ``conflict-of-interest 
                and'';
                    (B) by striking ``The members'' and all 
                that follows through ``(5 U.S.C. 2263), or any 
                other'' and inserting ``Members of advisory 
                boards and consultants may serve as such 
                without regard to any''; and
                    (C) by inserting at the end the following 
                new sentence: ``This section shall apply only 
                to individuals carrying out activities related 
                to arms control, nonproliferation, and 
                disarmament.'';
            (15) in section 51 (22 U.S.C. 2593a)--
                    (A) in subsection (a)--
                            (i) in paragraphs (1) and (3), by 
                        inserting ``, nonproliferation,'' after 
                        ``arms control'' each place it appears;
                            (ii) by striking ``Director, in 
                        consultation with the Secretary of 
                        State,'' and inserting ``Secretary of 
                        State with the concurrence of the 
                        Director of Central Intelligence and in 
                        consultation with'';
                            (iii) by striking ``the Chairman of 
                        the Joint Chiefs of Staff, and the 
                        Director of Central Intelligence'' and 
                        inserting ``and the Chairman of the 
                        Joint Chiefs of Staff'';
                            (iv) by striking paragraphs (2) and 
                        (4); and
                            (v) by redesignating paragraphs 
                        (3), (5), (6), and (7) as paragraphs 
                        (2) through (5), respectively; and
                    (B) by adding at the end of subsection (b) 
                the following: ``The portions of this report 
                described in paragraphs (4) and (5) of 
                subsection (a) shall summarize in detail, at 
                least in classified annexes, the information, 
                analysis, and conclusions relevant to possible 
                noncompliance by other nations that are 
                provided by United States intelligence 
                agencies.'';
            (16) in section 52 (22 U.S.C. 2593b), by striking 
        ``Director'' and inserting ``Secretary of State'';
            (17) in section 61 (22 U.S.C. 2593a)--
                    (A) in paragraph (1), by striking ``United 
                States Arms Control and Disarmament Agency'' 
                and inserting ``Department of State'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) through 
                (7) as paragraphs (2) through (6), 
                respectively;
                    (D) in paragraph (4) (as redesignated), by 
                striking ``paragraph (4)'' and inserting 
                ``paragraph (3)''; and
                    (E) in paragraph (6) (as redesignated), by 
                striking ``United States Arms Control and 
                Disarmament Agency and the'';
            (18) in section 62 (22 U.S.C. 2595a)--
                    (A) in subsection (c)--
                            (i) in the subsection heading, by 
                        striking ``Director'' and inserting 
                        ``Secretary of State''; and
                            (ii) by striking ``2(d), 22, and 
                        34(c)'' and inserting ``102(3) and 
                        304(b)''; and
                    (B) by striking ``Director'' and inserting 
                ``Secretary of State'';
            (19) in section 64 (22 U.S.C. 2595b-1)--
                    (A) by striking the section title and 
                inserting ``SEC. 503. REVIEW OF CERTAIN 
                REPROGRAMMING NOTIFICATIONS.'';
                    (B) by striking subsection (a); and
                    (C) in subsection (b)--
                            (i) by striking ``(b) Review of 
                        Certain Reprogramming Notifications.--
                        ''; and
                            (ii) by striking ``Foreign 
                        Affairs'' and inserting ``International 
                        Relations'';
            (20) in section 65(1) (22 U.S.C. 2595c(1)) by 
        inserting ``of America'' after ``United States''; and
            (21) by redesignating sections 1, 2, 3, 27, 28, 31, 
        32, 33, 34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, 
        and 65, as amended by this section, as sections 101, 
        102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 
        308, 401, 402, 403, 404, 501, 502, 503, and 504, 
        respectively.

SEC. 1224. COMPENSATION OF OFFICERS.

      Title 5, United States Code, is amended-- '
            (1) in section 5313, by striking ``Director of the 
        United States Arms Control and Disarmament Agency.'';
            (2) in section 5314, by striking ``Deputy Director 
        of the United States Arms Control and Disarmament 
        Agency.'';
            (3) in section 5315--
                    (A) by striking ``Assistant Directors, 
                United States Arms Control and Disarmament 
                Agency (4).''; and
                    (B) by striking ``Special Representatives 
                of the President for arms control, 
                nonproliferation, and disarmament matters, 
                United States Arms Control and Disarmament 
                Agency'', and inserting ``Special 
                Representatives of the President for arms 
                control, nonproliferation, and disarmament 
                matters, Department of State''; and
            (4) in section 5316, by striking ``General Counsel 
        of the United States Arms Control and Disarmament 
        Agency.''.

SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Arms Export Control Act.--The Arms Export Control Act 
is amended--
            (1) in section 36(b)(1)(D) (22 U.S.C. 
        2776(b)(1)(D)), by striking ``Director of the Arms 
        Control and Disarmament Agency in consultation with the 
        Secretary of State and the Secretary of Defense'' and 
        inserting ``Secretary of State in consultation with the 
        Secretary of Defense and the Director of Central 
        Intelligence'';
            (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
                    (A) in the first sentence, by striking ``be 
                made in coordination with the Director of the 
                United States Arms Control and Disarmament 
                Agency, taking into account the Director's 
                assessment as to'' and inserting ``take into 
                account''; and
                    (B) by striking the second sentence;
            (3) in section 42(a) (22 U.S.C. 2791(a))--
                    (A) in paragraph (1)(C), by striking ``the 
                assessment of the Director of the United States 
                Arms Control and Disarmament Agency as to'';
                    (B) by striking ``(1)'' after ``(a)''; and
                    (C) by striking paragraph (2);
            (4) in section 71(a) (22 U.S.C. 2797(a)), by 
        striking ``, the Director of the Arms Control and 
        Disarmament Agency,'';
            (5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by 
        striking ``and the Director of the United States Arms 
        Control and Disarmament Agency'';
            (6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
                    (A) by striking ``, the Secretary of 
                Commerce, and the Director of the United States 
                Arms Control and Disarmament Agency'' and 
                inserting ``and the Secretary of Commerce''; 
                and
                    (B) by striking ``or the Director'';
            (7) in section 71(c) (22 U.S.C. 2797(c)), by 
        striking ``with the Director of the United States Arms 
        Control and Disarmament Agency,''; and
            (8) in section 73(d) (22 U.S.C. 2797b(d)), by 
        striking ``, the Secretary of Commerce, and the 
        Director of the United States Arms Control and 
        Disarmament Agency'' and inserting ``and the Secretary 
        of Commerce''.
    (b) Foreign Assistance Act.--Section 511 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321d) is amended by striking 
``be made in coordination with the Director of the United 
States Arms Control and Disarmament Agency and shall take into 
account his opinion as to'' and inserting ``take into 
account''.
    (c) United States Institute of Peace Act.--
            (1) Section 1706(b) of the United States Institute 
        of Peace Act (22 U.S.C. 4605(b)) is amended--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraphs (4) and (5) 
                as paragraphs (3) and (4), respectively; and
                    (C) in paragraph (4) (as redesignated), by 
                striking ``Eleven'' and inserting ``Twelve''.
            (2) Section 1707(d)(2) of that Act (22 U.S.C. 
        4606(d)(2)) is amended by striking ``, Director of the 
        Arms Control and Disarmament Agency''.
    (d) Atomic Energy Act of 1954.--The Atomic Energy Act of 
1954 is amended--
            (1) in section 57b. (42 U.S.C. 2077(b))--
                    (A) in the first sentence, by striking 
                ``the Arms Control and Disarmament Agency,''; 
                and
                    (B) in the second sentence, by striking 
                ``the Director of the Arms Control and 
                Disarmament Agency,'';
            (2) in section 109b. (42 U.S.C. 2129(b)), by 
        striking ``and the Director'';
            (3) in section 111b. (42 U.S.C. 2131(b)) by 
        striking ``the Arms Control and Disarmament Agency, the 
        Nuclear Regulatory Commission,'' and inserting ``the 
        Nuclear Regulatory Commission'';
            (4) in section 123 (42 U.S.C. 2153)--
                    (A) in subsection a., in the third 
                sentence--
                            (i) by striking ``and in 
                        consultation with the Director of the 
                        Arms Control and Disarmament Agency 
                        (`the Director')'';
                            (ii) by inserting ``and'' after 
                        ``Energy,'';
                            (iii) by striking ``Commission, and 
                        the Director, who'' and inserting 
                        ``Commission. The Secretary of State''; 
                        and
                            (iv) after ``nuclear explosive 
                        purpose.'', by inserting the following 
                        new sentence: ``Each Nuclear 
                        Proliferation Assessment Statement 
                        prepared pursuant to this Act shall be 
                        accompanied by a classified annex, 
                        prepared in consultation with the 
                        Director of Central Intelligence, 
                        summarizing relevant classified 
                        information.'';
                    (B) in subsection d., in the first 
                proviso--
                            (i) by striking ``Nuclear 
                        Proliferation Assessment Statement 
                        prepared by the Director of the Arms 
                        Control and Disarmament Agency,'' and 
                        inserting ``Nuclear Proliferation 
                        Assessment Statement prepared by the 
                        Secretary of State, and any annexes 
                        thereto,''; and
                            (ii) by striking ``has been'' and 
                        inserting ``have been''; and
                    (C) in the first undesignated paragraph 
                following subsection d., by striking ``the Arms 
                Control and Disarmament Agency,'';
            (5) in section 126a.(1), by striking ``the Director 
        of the Arms Control and Disarmament Agency, and the 
        Nuclear Regulatory Commission'' and inserting ``and the 
        Nuclear Regulatory Commission,'';
            (6) in section 131a. (42 U.S.C. 2160(a))--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by 
                        striking ``the Director,'';
                            (ii) in the third sentence, by 
                        striking ``the Director declares that 
                        he intends'' and inserting ``the 
                        Secretary of State is required''; and
                            (iii) in the third sentence, by 
                        striking ``the Director's declaration'' 
                        and inserting ``the requirement to 
                        prepare a Nuclear Proliferation 
                        Assessment Statement'';
                    (B) in paragraph (2)--
                            (i) by striking ``Director's view'' 
                        and inserting ``view of the Secretary 
                        of State, Secretary of Energy, 
                        Secretary of Defense, or the 
                        Commission''; and
                            (ii) by striking ``he may prepare'' 
                        and inserting ``the Secretary of State, 
                        in consultation with such Secretary or 
                        the Commission, shall prepare''; and
            (7) in section 131c. (42 U.S.C. 2160(c))--
                    (A) in the first sentence, by striking ``, 
                the Director of the Arms Control and 
                Disarmament Agency,'';
                    (B) in the sixth and seventh sentences, by 
                striking ``Director'' each place it appears and 
                inserting ``Secretary of State''; and
                    (C) in the seventh sentence, by striking 
                ``Director's'' and inserting ``Secretary of 
                State's''.
    (e) Nuclear Non-Proliferation Act of 1978.--The Nuclear 
Non-Proliferation Act of 1978 is amended--
            (1) in section 4 (22 U.S.C. 3203)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) through 
                (8) as paragraphs (2) through (7), 
                respectively;
            (2) in section 102 (22 U.S.C. 3222), by striking 
        ``, the Secretary of State, and the Director of the 
        Arms Control and Disarmament Agency'' and inserting 
        ``and the Secretary of State'';
            (3) in section 304(d) (42 U.S.C. 2156a), by 
        striking ``the Secretary of Defense, and the 
        Director,'' and inserting ``and the Secretary of 
        Defense,'';
            (4) in section 309 (42 U.S.C. 2139a)--
                    (A) in subsection (b), by striking ``the 
                Department of Commerce, and the Arms Control 
                and Disarmament Agency'' and inserting ``and 
                the Department of Commerce''; and
                    (B) in subsection (c), by striking ``the 
                Arms Control and Disarmament Agency,'';
            (5) in section 406 (42 U.S.C. 2160a), by inserting 
        ``, or any annexes thereto,'' after ``Statement''; and
            (6) in section 602 (22 U.S.C. 3282)--
                    (A) in subsection (c), by striking ``the 
                Arms Control and Disarmament Agency,''; and
                    (B) in subsection (e), by striking ``and 
                the Director''.
    (f) State Department Basic Authorities Act of 1956.--
Section 23(a) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2695(a)) is amended by striking ``the Agency 
for International Development, and the Arms Control and 
Disarmament Agency'' and inserting ``and the Agency for 
International Development''.
    (g) Foreign Relations Authorization Act of 1972.--Section 
502 of the Foreign Relations Authorization Act of 1972 (2 
U.S.C. 194a) is amended by striking ``the United States Arms 
Control and Disarmament Agency,''.
    (h) Title 49.--Section 40118(d) of title 49, United States 
Code, is amended by striking ``, or the Director of the Arms 
Control and Disarmament Agency''.

              TITLE XIII--UNITED STATES INFORMATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1301. EFFECTIVE DATE.

    This title, and the amendments made by this title, shall 
take effect on the earlier of--
            (1) October 1, 1999; or
            (2) the date of abolition of the United States 
        Information Agency pursuant to the reorganization plan 
        described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

    The United States Information Agency (other than the 
Broadcasting Board of Governors and the International 
Broadcasting Bureau) is abolished.

SEC. 1312. TRANSFER OF FUNCTIONS.

    (a) In General.--There are transferred to the Secretary of 
State all functions of the Director of the United States 
Information Agency and all functions of the United States 
Information Agency and any office or component of such agency, 
under any statute, reorganization plan, Executive order, or 
other provision of law, as of the day before the effective date 
of this title.
    (b) Exception.--Subsection (a) does not apply to the 
Broadcasting Board of Governors, the International Broadcasting 
Bureau, or any function performed by the Board or the Bureau.

SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

    Section 1(b) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is 
further amended by adding at the end the following new 
paragraph:
            ``(3) Under secretary for public diplomacy.--There 
        shall be in the Department of State, among the Under 
        Secretaries authorized by paragraph (1), an Under 
        Secretary for Public Diplomacy, who shall have primary 
        responsibility to assist the Secretary and the Deputy 
        Secretary in the formation and implementation of United 
        States public diplomacy policies and activities, 
        including international educational and cultural 
        exchange programs, information, and international 
        broadcasting.''.

SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES 
                    INFORMATION AGENCY AND TRANSFER OF FUNCTIONS.

    (a) Abolition of Office.--The Office of Inspector General 
of the United States Information Agency is abolished.
    (b) Amendments to Inspector General Act of 1978.--Section 
11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in paragraph (1), by striking ``the Office of 
        Personnel Management, the United States Information 
        Agency'' and inserting ``or the Office of Personnel 
        Management''; and
            (2) in paragraph (2), by striking ``the United 
        States Information Agency,''.
    (c) Executive Schedule.--Section 5315 of title 5, United 
States Code, is amended by striking the following:
            ``Inspector General, United States Information 
        Agency.''.
    (d) Amendments to Public Law 103-236.--Subsections (i) and 
(j) of section 308 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are 
amended--
            (1) by striking ``Inspector General of the United 
        States Information Agency'' each place it appears and 
        inserting ``Inspector General of the Department of 
        State and the Foreign Service''; and
            (2) by striking ``, the Director of the United 
        States Information Agency,''.
    (e) Transfer of Functions.--There are transferred to the 
Office of the Inspector General of the Department of State and 
the Foreign Service the functions that the Office of Inspector 
General of the United States Information Agency exercised 
before the effective date of this title (including all related 
functions of the Inspector General of the United States 
Information Agency).

                 CHAPTER 3--INTERNATIONAL BROADCASTING

SEC. 1321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    Congress finds that--
            (1) it is the policy of the United States to 
        promote the right of freedom of opinion and expression, 
        including the freedom ``to seek, receive, and impart 
        information and ideas through any media and regardless 
        of frontiers'', in accordance with Article 19 of the 
        Universal Declaration of Human Rights;
            (2) open communication of information and ideas 
        among the peoples of the world contributes to 
        international peace and stability, and the promotionof 
such communication is in the interests of the United States;
            (3) it is in the interest of the United States to 
        support broadcasting to other nations consistent with 
        the requirements of this chapter and the United States 
        International Broadcasting Act of 1994; and
            (4) international broadcasting is, and should 
        remain, an essential instrument of United States 
        foreign policy.

SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.

    Section 304(a) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to read 
as follows:
    ``(a) Continued Existence Within Executive Branch.--
            ``(1) In general.--The Broadcasting Board of 
        Governors shall continue to exist within the Executive 
        branch of Government as an entity described in section 
        104 of title 5, United States Code.
            ``(2) Retention of existing board members.--The 
        members of the Broadcasting Board of Governors 
        appointed by the President pursuant to subsection 
        (b)(1)(A) before the effective date of title XIII of 
        the Foreign Affairs Agencies Consolidation Act of 1998 
        and holding office as of that date may serve the 
        remainder of their terms of office without 
        reappointment.
            ``(3) Inspector general authorities.--
                    ``(A) In general.--The Inspector General of 
                the Department of State and the Foreign Service 
                shall exercise the same authorities with 
                respect to the Broadcasting Board of Governors 
                and the International Broadcasting Bureau as 
                the Inspector General exercises under the 
                Inspector General Act of 1978 and section 209 
                of the Foreign Service Act of 1980 with respect 
                to the Department of State.
                    ``(B) Respect for journalistic integrity of 
                broadcasters.--The Inspector General shall 
                respect the journalistic integrity of all the 
                broadcasters covered by this title and may not 
                evaluate the philosophical or political 
                perspectives reflected in the content of 
                broadcasts.''.

SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL 
                    BROADCASTING ACT OF 1994.

    (a) References in Section.--Whenever in this section an 
amendment or repeal is expressed as an amendment or repeal of a 
provision, the reference shall be deemed to be made to the 
United States International Broadcasting Act of 1994 (22 U.S.C. 
6201 et seq.).
    (b) Substitution of Secretary of State.--Sections 
304(b)(1)(B), 304(b) (2) and (3), 304(c), and 304(e) (22 U.S.C. 
6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), and 6203(e)) are 
amended by striking ``Director of the United States Information 
Agency'' each place it appears and inserting ``Secretary of 
State''.
    (c) Substitution of Acting Secretary of State.--Section 
304(c) (22 U.S.C. 6203(c)) is amended by striking ``acting 
Director of the agency'' and inserting ``Acting Secretary of 
State''.
    (d) Standards and Principles of International 
Broadcasting.--Section 303(b) (22 U.S.C. 6202(b)) is amended--
            (1) in paragraph (3), by inserting ``, including 
        editorials, broadcast by the Voice of America, which 
        present the views of the United States Government'' 
        after ``policies'';
            (2) by redesignating paragraphs (4) through (9) as 
        paragraphs (5) through (10), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) the capability to provide a surge capacity to 
        support United States foreign policy objectives during 
        crises abroad;'';
    (e) Authorities of the Board.--Section 305(a) (22 U.S.C. 
6204(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``direct and''; and
                    (B) by striking ``and the Television 
                Broadcasting to Cuba Act'' and inserting ``, 
                the Television Broadcasting to Cuba Act, and 
                Worldnet Television, except as provided in 
                section 306(b)'';
            (2) in paragraph (4), by inserting ``, after 
        consultation with the Secretary of State,'' after 
        ``annually,'';
            (3) in paragraph (9)--
                    (A) by striking ``, through the Director of 
                the United States Information Agency,''; and
                    (B) by adding at the end the following new 
                sentence: ``Each annual report shall place 
                special emphasis on the assessment described in 
                paragraph (2).'';
            (4) in paragraph (12)--
                    (A) by striking ``1994 and 1995'' and 
                inserting ``1998 and 1999''; and
                    (B) by striking ``to the Board for 
                International Broadcasting for such purposes 
                for fiscal year 1993'' and inserting ``to the 
                Board and the International Broadcasting Bureau 
                for such purposes for fiscal year 1997''; and
            (5) by adding at the end the following new 
        paragraphs:
            ``(15)(A) To procure temporary and intermittent 
        personal services to the same extent as is authorized 
        by section 3109 of title 5, United States Code, at 
        rates not to exceed the daily equivalent of the rate 
        provided for positions classified above grade GS-15 of 
        the General Schedule under section 5108 of title 5, 
        United States Code.
            ``(B) To allow those providing such services, while 
        away from their homes or their regular places of 
        business, travel expenses (including per diem in lieu 
        of subsistence) as authorized by section 5703 of title 
        5, United States Code, for persons in the Government 
        service employed intermittently, while so employed.
            ``(16) To procure, pursuant to section 1535 of 
        title 31, United States Code (commonly known as the 
        `Economy Act'), such goods and services from other 
        departments or agencies for the Board and the 
        International Broadcasting Bureau as the Board 
        determines are appropriate.
            ``(17) To utilize the provisions of titles III, IV, 
        V, VII, VIII, IX, and X of the United States 
        Information and Educational Exchange Act of 1948, and 
        section 6 of Reorganization Plan Number 2 of 1977, as 
        in effect on the day before the effective date of title 
        XIII of the Foreign Affairs Agencies Consolidation Act 
        of 1998, to the extent the Board considers necessary in 
        carrying out the provisions and purposes of this title.
            ``(18) To utilize the authorities of any other 
        statute, reorganization plan, Executive order, 
        regulation, agreement, determination, or other official 
        document or proceeding that had been available to the 
        Director of the United States Information Agency, the 
        Bureau, or the Board before the effective date of title 
        XIII of the Foreign Affairs Consolidation Act of 1998 
        for carrying out the broadcasting activities covered by 
        this title.''.
    (f) Delegation of Authority.--Section 305 (22 U.S.C. 6204) 
is amended--
            (1) by redesignating subsections (b), (c), and (d) 
        as subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following 
        new subsection:
    ``(b) Delegation of Authority.--The Board may delegate to 
the Director of the International Broadcasting Bureau, or any 
other officer or employee of the United States, to the extent 
the Board determines to be appropriate, the authorities 
provided in this section, except those authorities provided in 
paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of 
subsection (a).''.
    (g) Broadcasting Budgets.--Section 305(c)(1) (as 
redesignated) is amended--
            (1) by striking ``(1)'' before ``The Director''; 
        and
            (2) by striking ``the Director of the United States 
        Information Agency for the consideration of the 
        Director as a part of the Agency's budget submission 
        to''.
    (h) Repeal.--Section 305(c)(2) (as redesignated) is 
repealed.
    (i) Implementation.--Section 305(d) (as redesignated) is 
amended to read as follows:
    ``(d) Professional Independence of Broadcasters.--The 
Secretary of State and the Board, in carrying out their 
functions, shall respect the professional independence and 
integrity of the International Broadcasting Bureau, its 
broadcasting services, and the grantees of the Board.''.
    (j) Foreign Policy Guidance.--Section 306 (22 U.S.C. 6205) 
is amended--
            (1) in the section heading, by striking ``FOREIGN 
        POLICY GUIDANCE'' and inserting ``ROLE OF THE SECRETARY 
        OF STATE'';
            (2) by inserting ``(a) Foreign Policy Guidance.--'' 
        immediately before ``To'';
            (3) by striking ``State, acting through the 
        Director of the United States Information Agency,'' and 
        inserting ``State'';
            (4) by inserting before the period at the end the 
        following: ``, as the Secretary may deem appropriate''; 
        and
            (5) by adding at the end the following:
    ``(b) Certain Worldnet Programming.--The Secretary of State 
is authorized to use Worldnet broadcasts for the purposes of 
continuing interactive dialogues with foreign media and other 
similar overseas public diplomacy programs sponsored by the 
Department of State. The Chairman of the Broadcasting Board of 
Governors shall provide access to Worldnet for this purpose on 
a nonreimbursable basis.''.
    (k) International Broadcasting Bureau.--Section 307 (22 
U.S.C. 6206) is amended--
            (1) in subsection (a), by striking ``within the 
        United States Information Agency'' and inserting 
        ``under the Board'';
            (2) in subsection (b)(1), by striking ``Chairman of 
        the Board, in consultation with the Director of the 
        United States Information Agency and with the 
        concurrence of a majority of the Board'' and inserting 
        ``President, by and with the advice and consent of the 
        Senate'';
            (3) by redesignating subsection (b)(1) as 
        subsection (b);
            (4) by striking subsection (b)(2); and
            (5) by adding at the end the following new 
        subsection:
    ``(c) Responsibilities of the Director.--The Director shall 
organize and chair a coordinating committee to examine and make 
recommendations to the Board on long-term strategies for the 
future of international broadcasting, including the use of new 
technologies, further consolidation of broadcast services, and 
consolidation of currently existing public affairs and 
legislative relations functions in the various international 
broadcasting entities. The coordinating committee shall include 
representatives of Radio Free Asia, RFE/RL, Incorporated, the 
Broadcasting Board of Governors, and, as appropriate, the 
Office of Cuba Broadcasting, the Voice of America, and 
Worldnet.''.
    (l) Repeals.--The following provisions of law are repealed:
            (1) Subsections (k) and (l) of section 308 (22 
        U.S.C. 6207 (k), (l)).
            (2) Section 310 (22 U.S.C. 6209).

SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.

    The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) 
is amended--
            (1) by striking ``United States Information 
        Agency'' each place it appears and inserting 
        ``Broadcasting Board of Governors'';
            (2) by striking ``Agency'' each place it appears 
        and inserting ``Board'';
            (3) by striking ``the Director of the United States 
        Information Agency'' each place it appears and 
        inserting ``the Broadcasting Board of Governors'';
            (4) in section 4 (22 U.S.C. 1465b), by striking 
        ``the Voice of America'' and inserting ``the 
        International Broadcasting Bureau'';
            (5) in section 5 (22 U.S.C. 1465c)--
                    (A) by striking ``Board'' each place it 
                appears and inserting ``Advisory Board''; and
                    (B) in subsection (a), by striking the 
                first sentence and inserting ``There is 
                established within the Office of the President 
                the Advisory Board for Cuba Broadcasting (in 
                this division referred to as the `Advisory 
                Board').''; and
            (6) by striking any other reference to ``Director'' 
        not amended by paragraph (3) each place it appears and 
        inserting ``Board''.

SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT.

    The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa 
et seq.) is amended--
            (1) in section 243(a) (22 U.S.C. 1465bb(a)) and 
        section 246 (22 U.S.C. 1465dd), by striking ``United 
        States Information Agency'' each place it appears and 
        inserting ``Broadcasting Board of Governors'';
            (2) in section 243(c) (22 U.S.C. 1465bb(c))--
                    (A) in the subsection heading, by striking 
                ``USIA''; and
                    (B) by striking `` `USIA Television'' and 
                inserting ``the `Television'';
            (3) in section 244(c) (22 U.S.C. 1465cc(c)) and 
        section 246 (22 U.S.C. 1465dd), by striking ``Agency'' 
        each place it appears and inserting ``Board'';
            (4) in section 244 (22 U.S.C. 1465cc)--
                    (A) in the section heading, by striking 
                ``OF THE UNITED STATES INFORMATION AGENCY'';
                    (B) in subsection (a)--
                            (i) in the first sentence, by 
                        striking ``The Director of the United 
                        States Information Agency shall 
                        establish'' and inserting ``There is''; 
                        and
                            (ii) in the second sentence--
                                    (I) by striking ``Director 
                                of the United States 
                                Information Agency'' and 
                                inserting ``Broadcasting Board 
                                of Governors''; and
                                    (II) by striking ``the 
                                Director of the Voice of 
                                America'' and inserting ``the 
                                International Broadcasting 
                                Bureau'';
                    (C) in subsection (b)--
                            (i) by striking ``Agency 
                        facilities'' and inserting ``Board 
                        facilities''; and
                            (ii) by striking ``Information 
                        Agency'' and inserting 
                        ``International''; and
                    (D) in the heading of subsection (c), by 
                striking ``USIA''; and
            (5) in section 245(d) (22 U.S.C. 1465c note), by 
        striking ``Board'' and inserting ``Advisory Board''.

SEC. 1326. TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, AND 
                    PERSONNEL.

      (a) Transfer and Allocation of Property and 
Appropriations.--
            (1) In general.--The assets, liabilities (including 
        contingent liabilities arising from suits continued 
        with a substitution or addition of parties under 
        section 1327(d)), contracts, property, records, and 
        unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, used, 
        arising from, available to, or to be made available in 
        connection with the functions and offices of USIA 
        transferred to the Broadcasting Board of Governors by 
        this chapter shall be transferred to the Broadcasting 
        Board of Governors for appropriate allocation.
            (2) Additional transfers.--In addition to the 
        transfers made under paragraph (1), there shall be 
        transferred to the Chairman of the Broadcasting Board 
        of Governors the assets, contracts, property, records, 
        and unexpended balance of appropriations, 
        authorizations, allocations, and other funds, as 
        determined by the Secretary, in concurrence with the 
        Broadcasting Board of Governors, to support the 
        functions transferred by this chapter.
      (b) Transfer of Personnel.--Notwithstanding any other 
provision of law--
            (1) except as provided in subsection (c), all 
        personnel and positions of USIA employed or maintained 
        to carry out the functions transferred by this chapter 
        to the Broadcasting Board of Governors shall be 
        transferred to the Broadcasting Board of Governors at 
        the same grade or class and the same rate of basic pay 
        or basic salary rate and with the same tenure held 
        immediately preceding transfer; and
            (2) the personnel and positions of USIA, as 
        determined by the Secretary of State, with the 
        concurrence of the Broadcasting Board of Governors and 
        the Director of USIA, to support the functions 
        transferred by this chapter shall be transferred to the 
        Broadcasting Board of Governors, including the 
        International Broadcasting Bureau, at the same grade or 
        class and the same rate of basic pay or basic salary 
        rate and with the same tenure held immediately 
        preceding transfer.
      (c) Transfer and Allocation of Property, Appropriations, 
and Personnel Associated With Worldnet.--USIA personnel 
responsible for carrying out interactive dialogs with foreign 
media and other similar overseas public diplomacy programs 
using the Worldnet television broadcasting system, and funds 
associated with such personnel, shall be transferred to the 
Department of State in accordance with the provisions of title 
XVI of this subdivision.
      (d) Incidental Transfers.--The Director of the Office of 
Management and Budget, when requested by the Broadcasting Board 
of Governors, is authorized to make such incidental 
dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds 
held, used, arising from, available to, or to be made available 
in connection with functions and officestransferred from USIA, 
as may be necessary to carry out the provisions of this section.

SEC. 1327. SAVINGS PROVISIONS.

    (a) Continuing Legal Force and Effect.--All orders, 
determinations, rules, regulations, permits, agreements, 
grants, contracts, certificates, licenses, registrations, 
privileges, and other administrative actions--
            (1) that have been issued, made, granted, or 
        allowed to become effective by the President, any 
        Federal agency or official thereof, or by a court of 
        competent jurisdiction, in the performance of functions 
        exercised by the Broadcasting Board of Governors of the 
        United States Information Agency on the day before the 
        effective date of this title, and
            (2) that are in effect at the time this title takes 
        effect, or were final before the effective date of this 
        title and are to become effective on or after the 
        effective date of this title,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Broadcasting Board of 
Governors, or other authorized official, a court of competent 
jurisdiction, or by operation of law.
    (b) Pending Proceedings.--
            (1) In general.--The provisions of this chapter, or 
        amendments made by this chapter, shall not affect any 
        proceedings, including notices of proposed rulemaking, 
        or any application for any license, permit, 
        certificate, or financial assistance pending before the 
        Broadcasting Board of Governors of the United States 
        Information Agency at the time this title takes effect, 
        with respect to functions exercised by the Board as of 
        the effective date of this title but such proceedings 
        and applications shall be continued.
            (2) Orders, appeals, and payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this chapter had not been enacted, and 
        orders issued in any such proceedings shall continue in 
        effect until modified, terminated, superseded, or 
        revoked by a duly authorized official, by a court of 
        competent jurisdiction, or by operation of law.
            (3) Statutory construction.--Nothing in this 
        subsection shall be deemed to prohibit the 
        discontinuance or modification of any such proceeding 
        under the same terms and conditions and to the same 
        extent that such proceeding could have been 
        discontinued or modified if this chapter had not been 
        enacted.
    (c) Nonabatement of Proceedings.--No suit, action, or other 
proceeding commenced by or against any officer in the official 
capacity of such individual as an officer of the Broadcasting 
Board of Governors, or any commission or component thereof, 
shall abate by reason of the enactment of this chapter. No 
cause of action by or against the Broadcasting Board of 
Governors, or any commission or component thereof, or by or 
against any officer thereof in the official capacity of such 
officer, shall abate by reason of the enactment of this 
chapter.
    (d) Continuation of Proceedings With Substitution of 
Parties.--
            (1) Substitution of parties.--If, before the 
        effective date of this title, USIA or the Broadcasting 
        Board of Governors, or any officer thereof in the 
        official capacity of such officer, is a party to a suit 
        which is related to the functions transferred by this 
        chapter, then effective on such date such suit shall be 
        continued with the Broadcasting Board of Governors or 
        other appropriate official of the Board substituted or 
        added as a party.
            (2) Liability of the board.--The Board shall 
        participate in suits continued under paragraph (1) 
        where the Broadcasting Board of Governors or other 
        appropriate official of the Board is added as a party 
        and shall be liable for any judgments or remedies in 
        those suits or proceedings arising from the exercise of 
        the functions transferred by this chapter to the same 
        extent that USIA would have been liable if such 
        judgment or remedy had been rendered on the day before 
        the abolition of USIA.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the 
preparation or promulgation of a regulation by the Broadcasting 
Board of Governors relating to a function exercised by the 
Board before the effective date of this title may be continued 
by the Board with the same effect as if this chapter had not 
been enacted.
    (f) References.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, 
or any document of or relating to the Broadcasting Board of 
Governors of the United States Information Agency with regard 
to functions exercised before the effective date of this title, 
shall be deemed to refer to the Board.

SEC. 1328. REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.

      Not later than March 1 of each year, the Broadcasting 
Board of Governors shall submit to the appropriate 
congressional committees a report on the progress of the Board 
and of RFE/RL, Incorporated, on any steps taken to further the 
policy declared in section 312(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995. The report under 
this subsection shall include the following:
            (1) Efforts by RFE/RL, Incorporated, to terminate 
        individual language services.
            (2) A detailed description of steps taken with 
        regard to section 312(a) of that Act.
            (3) An analysis of prospects for privatization over 
        the coming year.
            (4) An assessment of the extent to which United 
        States Government funding may be appropriate in the 
        year 2000 and subsequent years for surrogate 
        broadcasting to the countries to which RFE/RL, 
        Incorporated, broadcast during the year. This 
        assessment shall include an analysis of the environment 
        for independent media in those countries, noting the 
        extent of government control of the media, the ability 
        of independent journalists and news organizations to 
        operate, relevant domestic legislation, level of 
        government harassment and efforts to censor, and other 
        indications of whether the people of such countries 
        enjoy freedom of expression.

                    CHAPTER 4--CONFORMING AMENDMENTS

SEC. 1331. REFERENCES.

      (a) In General.--Except as otherwise provided in this 
subdivision, any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
            (1) the Director of the United States Information 
        Agency or the Director of the International 
        Communication Agency shall be deemed to refer to the 
        Secretary of State; and
            (2) the United States Information Agency, USIA, or 
        the International Communication Agency shall be deemed 
        to refer to the Department of State.
      (b) Continuing References to USIA or Director.--
Subsection (a) shall not apply to section 146 (a), (b), or (c) 
of the Foreign Relations Authorization Act, Fiscal Years 1990 
and 1991 (22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)).

SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

      Title 5, United States Code, is amended--
            (1) in section 5313, by striking ``Director of the 
        United States Information Agency.'';
            (2) in section 5315--
                    (A) by striking ``Deputy Director of the 
                United States Information Agency.''; and
                    (B) by striking ``Director of the 
                International Broadcasting Bureau, the United 
                States Information Agency.'' and inserting 
                ``Director of the International Broadcasting 
                Bureau.''; and
            (3) in section 5316--
                    (A) by striking ``Deputy Director, Policy 
                and Plans, United States Information Agency.''; 
                and
                    (B) by striking ``Associate Director 
                (Policy and Plans), United States Information 
                Agency.''.

SEC. 1333. APPLICATION OF CERTAIN LAWS.

      (a) Application to Functions of Department of State.--
Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of 
Public Law 99-93 (22 U.S.C. 1461-1a) shall not apply to public 
affairs and other information dissemination functions of the 
Secretaryof State as carried out prior to any transfer of 
functions pursuant to this subdivision.
      (b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), 
section 202 of Public Law 95-426 (22 U.S.C. 1461-1), and 
section 208 of Public Law 99-93 (22 U.S.C. 1461-1a) shall apply 
only to public diplomacy programs of the Director of the United 
States Information Agency as carried out prior to any transfer 
of functions pursuant to this subdivision to the same extent 
that such programs were covered by these provisions prior to 
such transfer.
      (c) Limitation on Use of Funds.--Except as provided in 
section 501 of Public Law 80-402 and section 208 of Public Law 
99-93, funds specifically authorized to be appropriated for 
such public diplomacy programs shall not be used to influence 
public opinion in the United States, and no program material 
prepared using such funds shall be distributed or disseminated 
in the United States.
      (d) Reporting Requirements.--The report submitted 
pursuant to section 1601(f) of this subdivision shall include a 
detailed statement of the manner in which the special mission 
of public diplomacy carried out by USIA prior to the transfer 
of functions under this subdivision shall be preserved within 
the Department of State, including the planned duties and 
responsibilities of any new bureaus that will perform such 
public diplomacy functions. Such report shall also include the 
best available estimates of--
            (1) the amounts expended by the Department of State 
        for public affairs programs during fiscal year 1998, 
        and on the personnel and support costs for such 
        programs;
            (2) the amounts expended by USIA for its public 
        diplomacy programs during fiscal year 1998, and on the 
        personnel and support costs for such programs; and
            (3) the amounts, including funds to be transferred 
        from USIA and funds appropriated to the Department, 
        that will be allocated for the programs described in 
        paragraphs (1) and (2), respectively, during the fiscal 
        year in which the transfer of functions from USIA to 
        the Department occurs.
      (e) Congressional Presentation Document.--The Department 
of State's Congressional Presentation Document for fiscal year 
2000 and each fiscal year thereafter shall include--
            (1) the aggregated amounts that the Department will 
        spend on such public diplomacy programs and on costs of 
        personnel for such programs, and a detailed description 
        of the goals and purposes for which such funds shall be 
        expended; and
            (2) the amount of funds allocated to and the 
        positions authorized for such public diplomacy 
        programs, including bureaus to be created upon the 
        transfer of functions from USIA to the Department.

SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
                    DIPLOMACY.

      (a) Abolition.--The United States Advisory Commission on 
Public Diplomacy is abolished.
      (b) Repeals.--Section 604 of the United States 
Information and Educational Exchange Act of 1948 (22 U.S.C. 
1469) and section 8 of Reorganization Plan Numbered 2 of 1977 
are repealed.

SEC. 1335. CONFORMING AMENDMENTS.

      (a) The United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is amended--
            (1) in section 505 (22 U.S.C. 1464a)--
                    (A) by striking ``Director of the United 
                States Information Agency'' each place it 
                appears and inserting ``Broadcasting Board of 
                Governors'';
                    (B) by striking ``United States Information 
                Agency'' each place it appears and inserting 
                ``Broadcasting Board of Governors'';
                    (C) in subsection (b)--
                            (i) by striking ``Agency's'' and 
                        all that follows through `` `USIA-
                        TV')'' and inserting ``television 
                        broadcasts of the United States 
                        International Television Service''; and
                            (ii) in paragraphs (1), (2), and 
                        (3), by striking ``USIA-TV'' each place 
                        it appears and inserting ``The United 
                        States International Television 
                        Service''; and
                    (D) in subsections (d) and (e), by striking 
                ``USIA-TV'' each place it appears and inserting 
                ``the United States International Television 
                Service'';
            (2) in section 506(c) (22 U.S.C. 1464b(c))--
                    (A) by striking ``Director of the United 
                States Information Agency'' and inserting 
                ``Broadcasting Board of Governors'';
                    (B) by striking ``Agency'' and inserting 
                ``Board''; and
                    (C) by striking ``Director'' and inserting 
                ``Board'';
            (3) in section 705 (22 U.S.C 1477c)--
                    (A) by striking subsections (a) and (c); 
                and
                    (B) in subsection (b)--
                            (i) by striking ``(b) In addition, 
                        the United States Information Agency'' 
                        and inserting ``The Department of 
                        State''; and
                            (ii) by striking ``program grants'' 
                        and inserting ``grants for overseas 
                        public diplomacy programs'';
            (4) in section 801(7) (22 U.S.C. 1471(7))--
                    (A) by striking ``Agency'' and inserting 
                ``overseas public diplomacy''; and
                    (B) by inserting ``other'' after ``together 
                with''; and
            (5) in section 812 (22 U.S.C. 1475g)--
                    (A) by striking ``United States Information 
                Agency post'' each place it appears and 
                inserting ``overseas public diplomacy post'';
                    (B) in subsection (a), by striking ``United 
                States Information Agency'' the first place it 
                appears and inserting ``Department of State'';
                    (C) in subsection (b), by striking 
                ``Director of the United States Information 
                Agency'' and inserting ``Secretary of State''; 
                and
                    (D) in the section heading, by striking 
                ``USIA'' and inserting ``OVERSEAS PUBLIC 
                DIPLOMACY''.
      (b) Section 212 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
            (1) by striking ``United States Information 
        Agency'' each place it appears and inserting 
        ``Department of State'';
            (2) in subsection (a), by inserting ``for carrying 
        out its overseas public diplomacy functions'' after 
        ``grants'';
            (3) in subsection (b)--
                    (A) by striking ``a grant'' the first time 
                it appears and inserting ``an overseas public 
                diplomacy grant''; and
                    (B) in paragraph (1), by inserting ``such'' 
                before ``a grant'' the first place it appears;
            (4) in subsection (c)(1), by inserting ``overseas 
        public diplomacy'' before ``grants'';
            (5) in subsection (c)(3), by inserting ``such'' 
        before ``grant''; and
            (6) by striking subsection (d).
      (c) Section 602 of the National and Community Service Act 
of 1990 (22 U.S.C. 2452a) is amended--
            (1) in the second sentence of subsection (a), by 
        striking ``United States Information Agency'' and 
        inserting ``Department of State''; and
            (2) in subsection (b)--
                    (A) by striking ``appropriations account of 
                the United States Information Agency'' and 
                inserting ``appropriate appropriations account 
                of the Department of State''; and
                    (B) by striking ``and the United States 
                Information Agency''.
    (d) Section 305 of Public Law 97-446 (19 U.S.C. 2604) is 
amended in the first sentence, by striking ``, after 
consultation with the Director of the United States Information 
Agency,''.
    (e) Section 601 of Public Law 103-227 (20 U.S.C. 5951(a)) 
is amended by striking ``of the Director of the United States 
Information Agency and with'' and inserting ``and''.
    (f) Section 1003(b) of the Fascell Fellowship Act (22 
U.S.C. 4902(b)) is amended--
            (1) in the text above paragraph (1), by striking 
        ``9 members'' and inserting ``7 members'';
            (2) in paragraph (4), by striking ``Six'' and 
        inserting ``Five'';
            (3) by striking paragraph (3); and
            (4) by redesignating paragraph (4) as paragraph 
        (3).
    (g) Section 803 of the Intelligence Authorization Act, 
Fiscal Year 1992 (50 U.S.C. 1903) is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (6); and
                    (B) by redesignating paragraphs (7) and (8) 
                as paragraphs (6) and (7), respectively; and
            (2) in subsection (c), by striking ``subsection 
        (b)(7)'' and inserting ``subsection (b)(6)''.
    (h) Section 7 of the Federal Triangle Development Act (40 
U.S.C. 1106) is amended--
            (1) in subsection (c)(1)--
                    (A) in the text above subparagraph (A), by 
                striking ``15 members'' and inserting ``14 
                members'';
                    (B) by striking subparagraph (F); and
                    (C) by redesignating subparagraphs (G) 
                through (J) as subparagraphs (F) through (I), 
                respectively;
            (2) in paragraphs (3) and (5) of subsection (c), by 
        striking ``paragraph (1)(J)'' each place it appears and 
        inserting ``paragraph (1)(I)''; and
            (3) in subsection (d)(3) and subsection (e), by 
        striking ``the Administrator and the Director of the 
        United States Information Agency'' each place it 
        appears and inserting ``and the Administrator''.
    (i) Section 3 of the Woodrow Wilson Memorial Act of 1968 
(Public Law 90-637; 20 U.S.C. 80f) is amended--
            (1) in subsection (b)--
                    (A) in the text preceding paragraph (1), by 
                striking ``19 members'' and inserting ``17 
                members'';
                    (B) by striking paragraph (7);
                    (C) by striking ``10'' in paragraph (10) 
                and inserting ``9''; and
                    (D) by redesignating paragraphs (8) through 
                (10) as paragraphs (7) through (9), 
                respectively; and
            (2) in subsection (c), by striking ``(9)'' and 
        inserting ``(8)''.
    (j) Section 624 of Public Law 89-329 (20 U.S.C. 1131c) is 
amended by striking ``the United States Information Agency,''.
    (k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et 
seq.) is amended--
            (1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by 
        striking ``Director of the United States Information 
        Agency'' and inserting ``Broadcasting Board of 
        Governors'';
            (2) in section 210 (22 U.S.C. 3930), by striking 
        ``United States Information Agency'' and inserting 
        ``Broadcasting Board of Governors'';
            (3) in section 1003(a) (22 U.S.C. 4103(a)), by 
        striking ``United States Information Agency'' and 
        inserting ``Broadcasting Board of Governors''; and
            (4) in section 1101(c) (22 U.S.C. 4131(c)), by 
        striking ``the United States Information Agency,'' and 
        inserting ``Broadcasting Board of Governors,''.
    (l) The State Department Authorities Act of 1956, as 
amended by this division, is further amended--
            (1) in section 23(a) (22 U.S.C. 2695(a)), by 
        striking ``United States Information Agency'' and 
        inserting ``Broadcasting Board of Governors'';
            (2) in section 25(f) (22 U.S.C. 2697(f))--
                    (A) by striking ``Director of the United 
                States Information Agency'' and inserting 
                ``Broadcasting Board of Governors''; and
                    (B) by striking ``with respect to their 
                respective agencies'' and inserting ``with 
                respect to the Board and the Agency'';
            (3) in section 26(b) (22 U.S.C. 2698(b)), as 
        amended by this division--
                    (A) by striking ``Director of the United 
                States Information Agency, the chairman of the 
                Board for International Broadcasting,'' and 
                inserting ``Broadcasting Board of Governors,''; 
                and
                    (B) by striking ``with respect to their 
                respective agencies'' and inserting ``with 
                respect to the Board and the Agency''; and
            (4) in section 32 (22 U.S.C. 2704), as amended by 
        this division, by striking ``the Director of the United 
        States Information Agency'' and inserting ``the 
        Broadcasting Board of Governors''.
      (m) Section 507(b)(3) of Public Law 103-317 (22 U.S.C. 
2669a(b)(3)) is amended by striking ``, the United States 
Information Agency,''.
      (n) Section 502 of Public Law 92-352 (2 U.S.C. 194a) is 
amended by striking ``the United States Information Agency,''.
      (o) Section 6 of Public Law 104-288 (22 U.S.C. 2141d) is 
amended--
            (1) in subsection (a), by striking ``Director of 
        the United States Information Agency,''; and
            (2) in subsection (b), by striking ``the Director 
        of the United States Information Agency'' and inserting 
        ``the Under Secretary of State for Public Diplomacy''.
      (p) Section 40118(d) of title 49, United States Code, is 
amended by striking ``, the Director of the United States 
Information Agency,''.
      (q) Section 155 of Public Law 102-138 is amended--
            (1) by striking the comma before ``Department of 
        Commerce'' and inserting ``and''; and
            (2) by striking ``, and the United States 
        Information Agency''.
      (r) Section 107 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended 
by striking ``Director of the United States Information 
Agency'' each place it appears and inserting ``Director of the 
International Broadcasting Bureau''.

SEC. 1336. REPEALS.

      The following provisions are repealed:
            (1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 
        1477b), 807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 
        (22 U.S.C 1475f), and 1009 (22 U.S.C. 1440) of the 
        United States Information and Educational Exchange Act 
        of 1948.
            (2) Section 106(c) of the Mutual Educational and 
        Cultural Exchange Act of 1961 (22 U.S.C. 2456(c)).
            (3) Section 565(e) of the Anti-Economic 
        Discrimination Act of 1994 (22 U.S.C. 2679c(e)).
            (4) Section 206(b) of Public Law 102-138.
            (5) Section 2241 of Public Law 104-66.
            (6) Sections 1 through 6 of Reorganization Plan 
        Numbered 2 of 1977 (91 Stat. 636).
            (7) Section 207 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (Public 
        Law 100-204; 22 U.S.C. 1463 note).

 TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1401. EFFECTIVE DATE.

    This title, and the amendments made by this title, shall 
take effect on the earlier of--
            (1) April 1, 1999; or
            (2) the date of abolition of the United States 
        International Development Cooperation Agency pursuant 
        to the reorganization plan described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1411. ABOLITION OF UNITED STATES INTERNATIONAL DEVELOPMENT 
                    COOPERATION AGENCY.

    (a) In General.--Except for the components specified in 
subsection (b), the United States International Development 
Cooperation Agency (including the Institute for Scientific and 
Technological Cooperation) is abolished.
    (b) AID and OPIC Exempted.--Subsection (a) does not apply 
to the Agency for International Development or the Overseas 
Private Investment Corporation.

SEC. 1412. TRANSFER OF FUNCTIONS AND AUTHORITIES.

    (a) Allocation of Funds.--
            (1) Allocation to the secretary of state.--Funds 
        made available under the categories of assistance 
        deemed allocated to the Director of the International 
        Development Cooperation Agency under section 1-801 of 
        Executive Order No. 12163 (22 U.S.C. 2381 note) as of 
        October 1, 1997, shall be allocated to the Secretary of 
        State on and after the effective date of this title 
        without further action by the President.
            (2) Procedures for reallocations or transfers.--The 
        Secretary of State may allocate or transfer as 
        appropriate any funds received under paragraph (1) in 
        the same manner as previously provided for the Director 
        of the International Development Cooperation Agency 
        under section 1-802 of that Executive Order, as in 
        effect on October 1, 1997.
    (b) With Respect to the Overseas Private Investment 
Corporation.--There are transferred to the Administrator of the 
Agency for International Development all functions of the 
Director of the United States International Development 
Cooperation Agency as of the day before the effective date of 
this title with respect to the Overseas Private Investment 
Corporation.
    (c) Other Activities.--The authorities and functions 
transferred to the United States International Development 
Cooperation Agency or the Director of that Agency by section 6 
of Reorganization Plan Numbered 2 of 1979 shall, to the extent 
such authorities and functions have not been repealed, be 
transferred to those agencies or heads of agencies, as the case 
may be, in which those authorities and functions were vested by 
statute as of the day before the effective date of such 
reorganization plan.

SEC. 1413. STATUS OF AID.

    (a) In General.--Unless abolished pursuant to the 
reorganization plan submitted under section 1601, and except as 
provided in section 1412, there is within the Executive branch 
of Government the United States Agency for International 
Development as an entity described in section 104 of title 5, 
United States Code.
    (b) Retention of Officers.--Nothing in this section shall 
require the reappointment of any officer of the United States 
serving in the Agency for International Development of the 
United States International Development Cooperation Agency as 
of the day before the effective date of this title.

                    CHAPTER 3--CONFORMING AMENDMENTS

SEC. 1421. REFERENCES.

    Except as otherwise provided in this subdivision, any 
reference in any statute, reorganization plan, Executive order, 
regulation, agreement, determination, or other official 
document or proceeding to the United States International 
Development Cooperation Agency (IDCA) or to the Director or any 
other officer or employee of IDCA--
            (1) insofar as such reference relates to any 
        function or authority transferred under section 
        1412(a), shall be deemed to refer to the Secretary of 
        State;
            (2) insofar as such reference relates to any 
        function or authority transferred under section 
        1412(b), shall be deemed to refer to the Administrator 
        of the Agency for International Development;
            (3) insofar as such reference relates to any 
        function or authority transferred under section 
        1412(c), shall be deemed to refer to the head of the 
        agency to which such function or authority is 
        transferred under such section; and
            (4) insofar as such reference relates to any 
        function or authority not transferred by this title, 
        shall be deemed to refer to the President or such 
        agency or agencies as may be specified by Executive 
        order.

SEC. 1422. CONFORMING AMENDMENTS.

    (a) Termination of Reorganization Plans and Delegations.--
The following shall cease to be effective:
            (1) Reorganization Plan Numbered 2 of 1979 (5 
        U.S.C. App.).
            (2) Section 1-101 through 1-103, sections 1-401 
        through 1-403, section 1-801(a), and such other 
        provisions that relate to the United States 
        International Development Cooperation Agency or the 
        Director of IDCA, of Executive Order No. 12163 (22 
        U.S.C. 2381 note; relating to administration of foreign 
        assistance and related functions).
            (3) The International Development Cooperation 
        Agency Delegation of Authority Numbered 1 (44 Fed. Reg. 
        57521), except for section 1-6 of such Delegation of 
        Authority.
            (4) Section 3 of Executive Order No. 12884 (58 Fed. 
        Reg. 64099; relating to the delegation of functions 
        under the Freedom for Russia and Emerging Eurasian 
        Democracies and Open Markets Support Act of 1992, the 
        Foreign Assistance Act of 1961, the Foreign Operations, 
        Export Financing and Related Programs Appropriations 
        Act, 1993, and section 301 of title 3, United States 
        Code).
    (b) Other Statutory Amendments and Repeal.--
            (1) Title 5.--Section 7103(a)(2)(B)(iv) of title 5, 
        United States Code, is amended by striking ``United 
        States International Development Cooperation Agency'' 
        and inserting ``Agency for International Development''.
            (2) Inspector general act of 1978.--Section 8A of 
        the Inspector General Act of 1978 (5 U.S.C. App. 3) is 
        amended--
                    (A) in subsection (a)--
                            (i) by striking ``Development'' 
                        through ``(1) shall'' and inserting 
                        ``Development shall'';
                            (ii) by striking ``; and'' at the 
                        end of subsection (a)(1) and inserting 
                        a period; and
                            (iii) by striking paragraph (2);
                    (B) by striking subsections (c) and (f); 
                and
                    (C) by redesignating subsections (d), (e), 
                (g), and (h) as subsections (c), (d), (e), and 
                (f), respectively.
            (3) State department basic authorities act of 
        1956.--The State Department Basic Authorities Act of 
        1956 is amended--
                    (A) in section 25(f) (22 U.S.C. 2697(f)), 
                as amended by this division, by striking 
                ``Director of the United States International 
                Development Cooperation Agency'' and inserting 
                ``Administrator of the Agency for International 
                Development'';
                    (B) in section 26(b) (22 U.S.C. 2698(b)), 
                as amended by this division Act, by striking 
                ``Director of the United States International 
                Development Cooperation Agency'' and inserting 
                ``Administrator of the Agency for International 
                Development''; and
                    (C) in section 32 (22 U.S.C. 2704), by 
                striking ``Director of the United States 
                International Development Cooperation Agency'' 
                and inserting ``Administrator of the Agency for 
                International Development''.
            (4) Foreign service act of 1980.--The Foreign 
        Service Act of 1980 is amended--
                    (A) in section 202(a)(1) (22 U.S.C. 
                3922(a)(1)), by striking ``Director of the 
                United States International Development 
                Cooperation Agency'' and inserting 
                ``Administrator of the Agency for International 
                Development'';
                    (B) in section 210 (22 U.S.C. 3930), by 
                striking ``United States International 
                Development Cooperation Agency'' and inserting 
                ``Agency for International Development'';
                    (C) in section 1003(a) (22 U.S.C. 4103(a)), 
                by striking ``United States International 
                Development Cooperation Agency'' and inserting 
                ``Agency for International Development''; and
                    (D) in section 1101(c) (22 U.S.C. 4131(c)), 
                by striking ``United States International 
                Development Cooperation Agency'' and inserting 
                ``Agency for International Development''.
            (5) Repeal.--Section 413 of Public Law 96-53 (22 
        U.S.C. 3512) is repealed.
            (6) Title 49.--Section 40118(d) of title 49, United 
        States Code, is amended by striking ``the Director of 
        the United States International Development Cooperation 
        Agency'' and inserting ``or the Administrator of the 
        Agency for International Development''.
            (7) Export administration act of 1979.--Section 
        2405(g) of the Export Administration Act of 1979 (50 
        U.S.C. App. 2405(g)) is amended--
                    (A) by striking ``Director of the United 
                States International Development Cooperation 
                Agency'' each place it appears and inserting 
                ``Administrator of the Agency for International 
                Development''; and
                    (B) in the fourth sentence, by striking 
                ``Director'' and inserting ``Administrator''.

             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1501. EFFECTIVE DATE.

    This title, and the amendments made by this title, shall 
take effect on the earlier of--
            (1) April 1, 1999; or
            (2) the date of reorganization of the Agency for 
        International Development pursuant to the 
        reorganization plan described in section 1601.

          CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS

SEC. 1511. REORGANIZATION OF AGENCY FOR INTERNATIONAL DEVELOPMENT.

    (a) In General.--The Agency for International Development 
shall be reorganized in accordance with this subdivision and 
the reorganization plan transmitted pursuant to section 1601.
    (b) Functions To Be Transferred.--The reorganization of the 
Agency for International Development shall provide, at a 
minimum, for the transfer to and consolidation with the 
Department of State of the following functions of AID:
            (1) The Press office.
            (2) Certain administrative functions.

            CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE

SEC. 1521. DEFINITION OF UNITED STATES ASSISTANCE.

    In this chapter, the term ``United States assistance'' 
means development and other economic assistance, including 
assistance made available under the following provisions of 
law:
            (1) Chapter 1 of part I of the Foreign Assistance 
        Act of 1961 (relating to development assistance).
            (2) Chapter 4 of part II of the Foreign Assistance 
        Act of 1961 (relating to the economic support fund).
            (3) Chapter 10 of part I of the Foreign Assistance 
        Act of 1961 (relating to the Development Fund for 
        Africa).
            (4) Chapter 11 of part I of the Foreign Assistance 
        Act of 1961 (relating to assistance for the independent 
        states of the former Soviet Union).
            (5) The Support for East European Democracy Act (22 
        U.S.C. 5401 et seq.).

SEC. 1522. ADMINISTRATOR OF AID REPORTING TO THE SECRETARY OF STATE.

    The Administrator of the Agency for International 
Development, appointed pursuant to section 624(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall 
report to and be under the direct authority and foreign policy 
guidance of the Secretary of State.

SEC. 1523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.

    (a) Authority of the Secretary of State.--
            (1) In general.--Under the direction of the 
        President, the Secretary of State shall coordinate all 
        United States assistance in accordance with this 
        section, except as provided in paragraphs (2) and (3).
            (2) Export promotion activities.--Coordination of 
        activities relating to promotion of exports of United 
        States goods and services shall continue to be 
        primarily the responsibility of the Secretary of 
        Commerce.
            (3) International economic activities.--
        Coordination of activities relating to United States 
        participation in international financial institutions 
        and relating to organization of multilateral efforts 
        aimed at currency stabilization, currency 
        convertibility, debt reduction, and comprehensive 
        economic reform programs shall continue to be primarily 
        the responsibility of the Secretary of the Treasury.
            (4) Authorities and powers of the secretary of 
        state.--The powers and authorities of the Secretary 
        provided in this chapter are in addition to the powers 
        and authorities provided to the Secretary under any 
        other Act, including section 101(b) and section 622(c) 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151(b), 2382(c)).
    (b) Coordination Activities.--Coordination activities of 
the Secretary of State under subsection (a) shall include--
            (1) approving an overall assistance and economic 
        cooperation strategy;
            (2) ensuring program and policy coordination among 
        agencies of the United States Government in carrying 
        out the policies set forth in the Foreign Assistance 
        Act of 1961, the Arms Export Control Act, and other 
        relevant assistance Acts;
            (3) pursuing coordination with other countries and 
        international organizations; and
            (4) resolving policy, program, and funding disputes 
        among United States Government agencies.
    (c) Statutory Construction.--Nothing in this section may be 
construed to lessen the accountability of any Federal agency 
administering any program, project, or activity of United 
States assistance for any funds made available to the Federal 
agency for that purpose.
    (d) Authority To Provide Personnel of the Agency for 
International Development.--The Administrator of the Agency for 
International Development is authorized to detail to the 
Department of State on a nonreimbursable basis such personnel 
employed by the Agency as the Secretary of State may require to 
carry out this section.

                         TITLE XVI--TRANSITION

                     CHAPTER 1--REORGANIZATION PLAN

SEC. 1601. REORGANIZATION PLAN AND REPORT.

    (a) Submission of Plan and Report.--Not later than 60 days 
after the date of the enactment of this Act, the President 
shall transmit to the appropriate congressional committees a 
reorganization plan and report regarding--
            (1) the abolition of the United States Arms Control 
        and Disarmament Agency, the United States Information 
        Agency, and the United States International Development 
        Cooperation Agency in accordance with this subdivision;
            (2) with respect to the Agency for International 
        Development, the consolidation and streamlining of the 
        Agency and the transfer of certain functions of the 
        Agency to the Department in accordance with section 
        1511;
            (3) the termination of functions of each covered 
        agency as may be necessary to effectuate the 
        reorganization under this subdivision, and the 
        termination of the affairs of each agency abolished 
        under this subdivision;
            (4) the transfer to the Department of the functions 
        and personnel of each covered agency consistent with 
        the provisions of this subdivision; and
            (5) the consolidation, reorganization, and 
        streamlining of the Department in connection with the 
        transfer of such functions and personnel in order to 
        carry out such functions.
    (b) Covered Agencies.--The agencies covered by this section 
are the following:
            (1) The United States Arms Control and Disarmament 
        Agency.
            (2) The United States Information Agency.
            (3) The United States International Development 
        Cooperation Agency.
            (4) The Agency for International Development.
    (c) Plan Elements.--The plan transmitted under subsection 
(a) shall contain, consistent with this subdivision, such 
elements as the President deems appropriate, including elements 
that--
            (1) identify the functions of each covered agency 
        that will be transferred to the Department under the 
        plan;
            (2) specify the steps to be taken by the Secretary 
        of State to reorganize internally the functions of the 
        Department, including the consolidation of offices and 
        functions, that will be required under the plan in 
        order to permit the Department to carry out the 
        functions transferred to it under the plan;
            (3) specify the funds available to each covered 
        agency that will be transferred to the Department as a 
        result of the transfer of functions of such agency to 
        the Department;
            (4) specify the proposed allocations within the 
        Department of unexpended funds transferred in 
        connection with the transfer of functions under the 
        plan; and
            (5) specify the proposed disposition of the 
        property, facilities, contracts, records, and other 
        assets and liabilities of each covered agency in 
        connection with the transfer of the functions of such 
        agency to the Department.
    (d) Reorganization Plan of Agency for International 
Development.--In addition to applicable provisions of 
subsection (c), the reorganization plan transmitted under this 
section for the Agency for International Development--
            (1) may provide for the abolition of the Agency for 
        International Development and the transfer of all its 
        functions to the Department of State; or
            (2) in lieu of the abolition and transfer of 
        functions under paragraph (1)--
                    (A) shall provide for the transfer to and 
                consolidation within the Department of the 
                functions set forth in section 1511; and
                    (B) may provide for additional 
                consolidation, reorganization, and streamlining 
                of AID, including--
                            (i) the termination of functions 
                        and reductions in personnel of AID;
                            (ii) the transfer of functions of 
                        AID, and the personnel associated with 
                        such functions, to the Department; and
                            (iii) the consolidation, 
                        reorganization, and streamlining of the 
                        Department upon the transfer of such 
                        functions and personnel in order to 
                        carry out the functions transferred.
    (e) Modification of Plan.--The President may, on the basis 
of consultations with the appropriate congressional committees, 
modify or revise any part of the plan transmitted under 
subsection (a) until that part of the plan becomes effective in 
accordance with subsection (g).
    (f) Report.--The report accompanying the reorganization 
plan for the Department and the covered agencies submitted 
pursuant to this section shall describe the implementation of 
the plan and shall include--
            (1) a detailed description of--
                    (A) the actions necessary or planned to 
                complete the reorganization,
                    (B) the anticipated nature and substance of 
                any orders, directives, and other 
                administrative and operational actions which 
                are expected to be required for completing or 
                implementing the reorganization, and
                    (C) any preliminary actions which have been 
                taken in the implementation process;
            (2) the number of personnel and positions of each 
        covered agency (including civil service personnel, 
        Foreign Service personnel, and detailees) that are 
        expected to be transferred to the Department, separated 
        from service with such agency, or eliminated under the 
        plan, and a projected schedule for such transfers, 
        separations, and terminations;
            (3) the number of personnel and positions of the 
        Department (including civil service personnel, Foreign 
        Service personnel, and detailees) that are expected to 
        be transferred within the Department, separated from 
        service with the Department, or eliminated under the 
        plan, and a projected schedule for such transfers, 
        separations, and terminations;
            (4) a projected schedule for completion of the 
        implementation process; and
            (5) recommendations, if any, for legislation 
        necessary to carry out changes made by this subdivision 
        relating to personnel and to incidental transfers.
    (g) Effective Date.--
            (1) In general.--The reorganization plan described 
        in this section, including any modifications or 
        revisions of the plan under subsection (e), shall 
        become effective on the earlier of the date for the 
        respective covered agency specified in paragraph (2) or 
        the date announced by the President under paragraph 
        (3).
            (2) Statutory effective dates.--The effective dates 
        under this paragraph for the reorganization plan 
        described in this section are the following:
                    (A) April 1, 1999, with respect to 
                functions of the Agency for International 
                Development described in section 1511.
                    (B) April 1, 1999, with respect to the 
                abolition of the United States Arms Control and 
                Disarmament Agency and the United States 
                International Development Cooperation Agency.
                    (C) October 1, 1999, with respect to the 
                abolition of the United States Information 
                Agency.
            (3) Effective date by presidential determination.--
        An effective date under this paragraph for a 
        reorganization plan described in this section is such 
        date as the President shall determine to be appropriate 
        and announce by notice published in the Federal 
        Register, which date may be not earlier than 90 
        calendar days after the President has transmitted the 
        reorganization plan to the appropriate congressional 
        committees pursuant to subsection (a).
            (4) Statutory construction.--Nothing in this 
        subsection may be construed to require the transfer of 
        functions, personnel, records, balance of 
        appropriations, or other assets of a covered agency on 
        a single date.
            (5) Supersedes existing law.--Paragraph (1) shall 
        apply notwithstanding section 905(b) of title 5, United 
        States Code.
    (h) Publication.--The reorganization plan described in this 
section shall be printed in the Federal Register after the date 
upon which it first becomes effective.

                  CHAPTER 2--REORGANIZATION AUTHORITY

SEC. 1611. REORGANIZATION AUTHORITY.

    (a) In General.--The Secretary is authorized, subject to 
the requirements of this subdivision, to allocate or reallocate 
any function transferred to the Department under any title of 
this subdivision, and to establish, consolidate, alter, or 
discontinue such organizational entities within the Department 
as may be necessary or appropriate to carry out any 
reorganization under this subdivision, but this subsection does 
not authorize the Secretary to modify the terms of any statute 
that establishes or defines the functions of any bureau, 
office, or officer of the Department.
    (b) Requirements and Limitations on Reorganization Plan.--
The reorganization plan transmitted under section 1601 may not 
have the effect of--
            (1) creating a new executive department;
            (2) continuing a function beyond the period 
        authorized by law for its exercise or beyond the time 
        when it would have terminated if the reorganization had 
        not been made;
            (3) authorizing a Federal agency to exercise a 
        function which is not authorized by law at the time the 
        plan is transmitted to Congress;
            (4) creating a new Federal agency which is not a 
        component or part of an existing executive department 
        or independent agency; or
            (5) increasing the term of an office beyond that 
        provided by law for the office.

SEC. 1612. TRANSFER AND ALLOCATION OF APPROPRIATIONS.

    (a) In General.--Except as otherwise provided in this 
subdivision, the assets, liabilities (including contingent 
liabilities arising from suits continued with a substitution or 
addition of parties under section 1615(e)), contracts, 
property, records, and unexpended balance of appropriations, 
authorizations, allocations, and other funds employed, held, 
used, arising from, available to, or to be made available in 
connection with the functions and offices, or portions thereof, 
transferred by any title of this subdivision shall be 
transferred to the Secretary for appropriate allocation.
    (b) Limitation on Use of Transferred Funds.--Except as 
provided in subsection (c), unexpended and unobligated funds 
transferred pursuant to any title of this subdivision shall be 
used only for the purposes for which the funds were originally 
authorized and appropriated.
    (c) Funds To Facilitate Transition.--
            (1) Congressional notification.--Funds transferred 
        pursuant to subsection (a) may be available for the 
        purposes of reorganization subject to notification of 
        the appropriate congressional committees in accordance 
        with the procedures applicable to a reprogramming of 
        funds under section 34 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2706).
            (2) Transfer authority.--Funds in any account 
        appropriated to the Department of State may be 
        transferred to another such account for the purposes of 
        reorganization, subject to notification of the 
        appropriate congressional committees in accordance with 
        the procedures applicable to a reprogramming of funds 
        under section 34 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2706). The authority 
        in this paragraph is in addition to any other transfer 
        authority available to the Secretary of State and shall 
        expire September 30, 2000.

SEC. 1613. TRANSFER, APPOINTMENT, AND ASSIGNMENT OF PERSONNEL.

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

SEC. 1614. INCIDENTAL TRANSFERS.

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

SEC. 1615. SAVINGS PROVISIONS.

      (a) Continuing Legal Force and Effect.--All orders, 
determinations, rules, regulations, permits, agreements, 
grants, contracts, certificates, licenses, registrations, 
privileges, and other administrative actions--
            (1) that have been issued, made, granted, or 
        allowed to become effective by the President, any 
        Federal agency or official thereof, or by a court of 
        competent jurisdiction, in the performance of functions 
        that are transferred under any title of this 
        subdivision; and
            (2) that are in effect as of the effective date of 
        such title, or were final before the effective date of 
        such title and are to become effective on or after the 
        effective date of such title,

    shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Secretary, or other 
authorized official, a court of competent jurisdiction, or by 
operation of law.
      (b) Pending Proceedings.--
            (1) In general.--The provisions of any title of 
        this subdivision shall not affect any proceedings, 
        including notices of proposed rulemaking, or any 
        application for any license, permit, certificate, or 
        financial assistance pending on the effective date of 
        any title of this subdivision before any Federal 
        agency, commission, or component thereof, functions of 
        which are transferred by any title of this subdivision. 
        Such proceedings and applications, to the extent that 
        they relate to functions so transferred, shall be 
        continued.
            (2) Orders, appeals, payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this subdivision had not been enacted. 
        Orders issued in any such proceedings shall continue in 
        effect until modified, terminated, superseded, or 
        revoked by the Secretary, by a court of competent 
        jurisdiction, or by operation of law.
            (3) Statutory construction.--Nothing in this 
        subdivision shall be deemed to prohibit the 
        discontinuance or modification of any such proceeding 
        under the same terms and conditions and to the same 
        extent that such proceeding could have been 
        discontinued or modified if this subdivision had not 
        been enacted.
            (4) Regulations.--The Secretary is authorized to 
        promulgate regulations providing for the orderly 
        transfer of proceedings continued under this subsection 
        to the Department.
    (c) No Effect on Judicial or Administrative Proceedings.--
Except as provided in subsection (e) and section 1327(d)--
            (1) the provisions of this subdivision shall not 
        affect suits commenced prior to the effective dates of 
        the respective titles of this subdivision; and
            (2) in all such suits, proceedings shall be had, 
        appeals taken, and judgments rendered in the same 
        manner and effect as if this subdivision had not been 
        enacted.
    (d) Nonabatement of Proceedings.--No suit, action, or other 
proceeding commenced by or against any officer in the official 
capacity of such individual as an officer of any Federal 
agency, or any commission or component thereof, functions of 
which are transferred by any title of this subdivision, shall 
abate by reason of the enactment of this subdivision. No cause 
of action by or against any Federal agency, or any commission 
or component thereof, functions of which are transferred by any 
title of this subdivision, or by or against any officer thereof 
in the official capacity of such officer shall abate by reason 
of the enactment of this subdivision.
    (e) Continuation of Proceeding With Substitution of 
Parties.--If, before the effective date of any title of this 
subdivision, any Federal agency, or officer thereof in the 
official capacity of such officer, is a party to a suit, and 
under this subdivision any function of such department, agency, 
or officer is transferred to the Secretary or any other 
official of the Department, then effective on such date such 
suit shall be continued with the Secretary or other appropriate 
official of the Department substituted or added as a party.
    (f) Reviewability of Orders and Actions Under Transferred 
Functions.--Orders and actions of the Secretary in the exercise 
of functions transferred under any title of this subdivision 
shall be subject to judicial review to the same extent and in 
the same manner as if such orders and actions had been by the 
Federal agency or office, or part thereof, exercising such 
functions immediately preceding their transfer. Any statutory 
requirements relating to notice, hearings, action upon the 
record, or administrative review that apply to any function 
transferred by any title of this subdivision shall apply to the 
exercise of such function by the Secretary.

SEC. 1616. AUTHORITY OF SECRETARY OF STATE TO FACILITATE TRANSITION.

    Notwithstanding any provision of this subdivision, the 
Secretary of State, with the concurrence of the head of the 
appropriate Federal agency exercising functions transferred 
under this subdivision, may transfer the whole or part of such 
functions prior to the effective dates established in this 
subdivision, including the transfer of personnel and funds 
associated with such functions.

SEC. 1617. FINAL REPORT.

    Not later than January 1, 2001, the President, in 
consultation with the Secretary of the Treasury and the 
Director of the Office of Management and Budget, shall submit 
to the appropriate congressional committees a report which 
provides a final accounting of the finances and operations of 
the agencies abolished under this subdivision.

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

SEC. 2001. SHORT TITLE.

    This subdivision may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999''.

SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

    In this subdivision, the term ``appropriate congressional 
committees'' means the Committee on International Relations of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate.

   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

    The following amounts are authorized to be appropriated for 
the Department of State under ``Administration of Foreign 
Affairs'' to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States and for other purposes authorized by law, 
including the diplomatic security program:
            (1) Diplomatic and consular programs.--For 
        ``Diplomatic and Consular Programs'', of the Department 
        of State $1,730,000,000 for the fiscal year 1998 and 
        $1,644,300,000 for the fiscal year 1999.
            (2) Salaries and expenses.--
                    (A) Authorization of appropriations.--For 
                ``Salaries and Expenses'', of the Department of 
                State $363,513,000 for the fiscal year 1998 and 
                $355,000,000 for the fiscal year 1999.
                    (B) Limitations.--Of the amounts authorized 
                to be appropriated by subparagraph (A), 
                $2,000,000 for fiscal year 1998 and $2,000,000 
                for the fiscal year 1999 are authorized to be 
                appropriated only for the recruitment of 
                minorities for careers in the Foreign Service 
                and international affairs.
            (3) Capital investment fund.--For ``Capital 
        Investment Fund'', of the Department of State 
        $86,000,000 for the fiscal year 1998 and $80,000,000 
        for the fiscal year 1999.
            (4) Security and maintenance of united states 
        missions.--For ``Security and Maintenance of United 
        States Missions'', $404,000,000 for the fiscal year 
        1998 and $403,561,000 for the fiscal year 1999.
            (5) Representation allowances.--For 
        ``Representation Allowances'', $4,200,000 for the 
        fiscal year 1998 and $4,350,000 for the fiscal year 
        1999.
            (6) Emergencies in the diplomatic and consular 
        service.--For ``Emergencies in the Diplomatic and 
        Consular Service'', $5,500,000 for the fiscal year 1998 
        and $5,500,000 for the fiscal year 1999.
            (7) Office of the inspector general.--For ``Office 
        of the Inspector General'', $27,495,000 for the fiscal 
        year 1998 and $27,495,000 for the fiscal year 1999.
            (8) Payment to the american institute in taiwan.--
        For ``Payment to the American Institute in Taiwan'', 
        $14,000,000 for the fiscal year 1998 and $14,750,000 
        for the fiscal year 1999.
            (9) Protection of foreign missions and officials.--
        (A) For ``Protection of Foreign Missions and 
        Officials'', $7,900,000 for the fiscal year 1998 and 
        $8,100,000 for the fiscal year 1999.
            (B) Each amount appropriated pursuant to this 
        paragraph is authorized to remain available 
throughSeptember 30 of the fiscal year following the fiscal year for 
which the amount appropriated was made.
            (10) Repatriation loans.--For ``Repatriation 
        Loans'', $1,200,000 for the fiscal year 1998 and 
        $1,200,000 for the fiscal year 1999, for administrative 
        expenses.

SEC. 2102. INTERNATIONAL COMMISSIONS.

    The following amounts are authorized to be appropriated 
under ``International Commissions'' for the Department of State 
to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States and for other purposes authorized by law:
            (1) International boundary and water commission, 
        united states and mexico.--For ``International Boundary 
        and Water Commission, United States and Mexico''--
                    (A) for ``Salaries and Expenses'' 
                $17,490,000 for the fiscal year 1998 and 
                $19,551,000 for the fiscal year 1999; and
                    (B) for ``Construction'' $6,463,000 for the 
                fiscal year 1998 and $6,463,000 for the fiscal 
                year 1999.
            (2) International boundary commission, united 
        states and canada.--For ``International Boundary 
        Commission, United States and Canada'', $761,000 for 
        the fiscal year 1998 and $761,000 for the fiscal year 
        1999.
            (3) International joint commission.--For 
        ``International Joint Commission'', $3,189,000 for the 
        fiscal year 1998 and $3,432,000 for the fiscal year 
        1999.
            (4) International fisheries commissions.--For 
        ``International Fisheries Commissions'', $14,549,000 
        for the fiscal year 1998 and $14,549,000 for the fiscal 
        year 1999.

SEC. 2103. GRANTS TO THE ASIA FOUNDATION.

    Section 404 of The Asia Foundation Act (title IV of Public 
Law 98-164) is amended to read as follows:
    ``Sec. 404. There are authorized to be appropriated to the 
Secretary of State $10,000,000 for each of the fiscal years 
1998 and 1999 for grants to The Asia Foundation pursuant to 
this title.''.

SEC. 2104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated for ``Voluntary Contributions to 
International Organizations'', $194,500,000 for the fiscal year 
1998 and $214,000,000 for the fiscal year 1999.
    (b) Limitations.--
            (1) World food program.--Of the amounts authorized 
        to be appropriated under subsection (a), $4,000,000 for 
        the fiscal year 1998 and $2,000,000 for the fiscal year 
        1999 are authorized to be appropriated only for a 
        United States contribution to the World Food Program.
            (2) United nations voluntary fund for victims of 
        torture.--Of the amount authorized to be appropriated 
        under subsection (a), $3,000,000 for the fiscal year 
        1998 and $3,000,000 for the fiscal year 1999 are 
        authorized to be appropriated only for a United States 
        contribution to the United Nations Voluntary Fund for 
        Victims of Torture.
            (3) International program on the elimination of 
        child labor.--Of the amounts authorized to be 
        appropriated under subsection (a), $5,000,000 for the 
        fiscal year 1998 and $5,000,000 for the fiscal year 
        1999 are authorized to be appropriated only for a 
        United States contribution to the International Labor 
        Organization for the activities of the International 
        Program on the Elimination of Child Labor.
    (c) Availability of Funds.--Amounts authorized to be 
appropriated under subsection (a) are authorized to remain 
available until expended.

SEC. 2105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS.

    There are authorized to be appropriated for ``Peacekeeping 
Operations'', $77,500,000 for the fiscal year 1998 and 
$83,000,000 for the fiscal year 1999 for the Department of 
State to carry out section 551 of Public Law 87-195.

SEC. 2106. LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO 
                    UNITED NATIONS DEVELOPMENT PROGRAM.

    (a) Limitation.--Of the amounts made available for fiscal 
years 1998 and 1999 for United States voluntary contributions 
to the United Nations Development Program an amount equal to 
the amount the United Nations Development Program will spend in 
Burma during each fiscal year shall be withheld unless during 
such fiscal year the President submits to the appropriate 
congressional committees the certification described in 
subsection (b).
    (b) Certification.--The certification referred to in 
subsection (a) is a certification by the President that all 
programs and activities of the United Nations Development 
Program (including United Nations Development Program--
Administered Funds) in Burma--
            (1) are focused on eliminating human suffering and 
        addressing the needs of the poor;
            (2) are undertaken only through international or 
        private voluntary organizations that have been deemed 
        independent of the State Law and Order Restoration 
        Council (SLORC), after consultation with the leadership 
        of the National League for Democracy and the leadership 
        of the National Coalition Government of the Union of 
        Burma;
            (3) provide no financial, political, or military 
        benefit to the SLORC; and
            (4) are carried out only after consultation with 
        the leadership of the National League for Democracy and 
        the leadership of the National Coalition Government of 
        the Union of Burma.

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                 CHAPTER 1--AUTHORITIES AND ACTIVITIES

SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO 
                    OVERSEAS EDUCATIONAL FACILITIES.

    Section 29 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2701) is amended by adding at the end the 
following: ``Notwithstanding any other provision of law, where 
the child of a United States citizen employee of an agency of 
the United States Government who is stationed outside the 
United States attends an educational facility assisted by the 
Secretary of State under this section, the head of that agency 
is authorized to reimburse, or credit with advance payment, the 
Department of State for funds used in providing assistance to 
such educational facilities, by grant or otherwise, under this 
section.''.

SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

    Section 36 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708) is amended to read as follows:

``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--There is established a program 
        for the payment of rewards to carry out the purposes of 
        this section.
            ``(2) Purpose.--The rewards program shall be 
        designed to assist in the prevention of acts of 
        international terrorism, international narcotics 
        trafficking, and other related criminal acts.
            ``(3) Implementation.--The rewards program shall be 
        administered by the Secretary of State, in 
        consultation, as appropriate, with the Attorney 
        General.
    ``(b) Rewards Authorized.--In the sole discretion of the 
Secretary (except as provided in subsection (c)(2)) and in 
consultation, as appropriate, with the Attorney General, the 
Secretary may pay a reward to any individual who furnishes 
information leading to--
            ``(1) the arrest or conviction in any country of 
        any individual for the commission of an act of 
        international terrorism against a United States person 
        or United States property;
            ``(2) the arrest or conviction in any country of 
        any individual conspiring or attempting to commit an 
        act of international terrorism against a United States 
        person or United States property;
            ``(3) the arrest or conviction in any country of 
        any individual for committing, primarily outside the 
        territorial jurisdiction of the United States, any 
        narcotics-related offense if that offense involves or 
        is a significant part of conduct that involves--
                    ``(A) a violation of United States 
                narcotics laws such that the individual would 
                be a major violator of such laws;
                    ``(B) the killing or kidnapping of--
                            ``(i) any officer, employee, or 
                        contract employee of the United States 
                        Government while such individual is 
                        engaged in official duties, or on 
                        account of that individual's official 
                        duties, in connection with the 
                        enforcement of United States narcotics 
                        laws or the implementing of United 
                        States narcotics control objectives; or
                            ``(ii) a member of the immediate 
                        family of any such individual on 
                        account of that individual's official 
                        duties, in connection with the 
                        enforcement of United States narcotics 
                        laws or the implementing of United 
                        States narcotics control objectives; or
                    ``(C) an attempt or conspiracy to commit 
                any act described in subparagraph (A) or (B);
            ``(4) the arrest or conviction in any country of 
        any individual aiding or abetting in the commission of 
        an act described in paragraph (1), (2), or (3); or
            ``(5) the prevention, frustration, or favorable 
        resolution of an act described in paragraph (1), (2), 
        or (3).
    ``(c) Coordination.--
            ``(1) Procedures.--To ensure that the payment of 
        rewards pursuant to this section does not duplicate or 
        interfere with the payment of informants or the 
        obtaining of evidence or information, as authorized to 
        the Department of Justice, the offering, 
        administration, and payment of rewards under this 
        section, including procedures for--
                    ``(A) identifying individuals, 
                organizations, and offenses with respect to 
                which rewards will be offered;
                    ``(B) the publication of rewards;
                    ``(C) the offering of joint rewards with 
                foreign governments;
                    ``(D) the receipt and analysis of data; and
                    ``(E) the payment and approval of payment,

                shall be governed by procedures developed by 
the Secretary of State, in consultation with the Attorney General.
            ``(2) Prior approval of attorney general 
        required.--Before making a reward under this section in 
        a matter over which there is Federal criminal 
        jurisdiction, the Secretary of State shall obtain the 
        concurrence of the Attorney General.
    ``(d) Funding.--
            ``(1) Authorization of appropriations.--
        Notwithstanding section 102 of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (Public 
        Law 99-93; 99 Stat. 408), but subject to paragraph (2), 
        there are authorized to be appropriated to the 
        Department of State from time to time such amounts as 
        may be necessary to carry out this section.
            ``(2) Limitation.--No amount of funds may be 
        appropriated under paragraph (1) which, when added to 
        the unobligated balance of amounts previously 
        appropriated to carry out this section, would cause 
        such amounts to exceed $15,000,000.
            ``(3) Allocation of funds.--To the maximum extent 
        practicable, funds made available to carry out this 
        section should be distributed equally for the purpose 
        of preventing acts of international terrorism and for 
        the purpose of preventing international narcotics 
        trafficking.
            ``(4) Period of availability.--Amounts appropriated 
        under paragraph (1) shall remain available until 
        expended.
    ``(e) Limitations and Certification.--
            ``(1) Maximum amount.--No reward paid under this 
        section may exceed $2,000,000.
            ``(2) Approval.--A reward under this section of 
        more than $100,000 may not be made without the approval 
        of the Secretary.
            ``(3) Certification for payment.--Any reward 
        granted under this section shall be approved and 
        certified for payment by the Secretary.
            ``(4) Nondelegation of authority.--The authority to 
        approve rewards of more than $100,000 set forth in 
        paragraph (2) may not be delegated.
            ``(5) Protection measures.--If the Secretary 
        determines that the identity of the recipient of a 
        reward or of the members of the recipient's immediate 
        family must be protected, the Secretary may take such 
        measures in connection with the payment of the reward 
        as he considers necessary to effect such protection.
    ``(f) Ineligibility.--An officer or employee of any entity 
of Federal, State, or local government or of a foreign 
government who, while in the performance of his or her official 
duties, furnishes information described in subsection (b) shall 
not be eligible for a reward under this section.
    ``(g) Reports.--
            ``(1) Reports on payment of rewards.--Not later 
        than 30 days after the payment of any reward under this 
        section, the Secretary shall submit a report to the 
        appropriate congressional committees with respect to 
        such reward. The report, which may be submitted in 
        classified form if necessary, shall specify the amount 
        of the reward paid, to whom the reward was paid, and 
        the acts with respect to which the reward was paid. The 
        report shall also discuss the significance of the 
        information for which the reward was paid in dealing 
        with those acts.
            ``(2) Annual reports.--Not later than 60 days after 
        the end of each fiscal year, the Secretary shall submit 
        a report to the appropriate congressional committees 
        with respect to the operation of the rewards program. 
        The report shall provide information on the total 
        amounts expended during the fiscal year ending in that 
        year to carry out this section, including amounts 
        expended to publicize the availability of rewards.
    ``(h) Publication Regarding Rewards Offered by Foreign 
Governments.--Notwithstanding any other provision of this 
section, in the sole discretion of the Secretary, the resources 
of the rewards program shall be available for the publication 
of rewards offered by foreign governments regarding acts of 
international terrorism which do not involve United States 
persons or property or a violation of the narcotics laws of the 
United States.
    ``(i) Determinations of the Secretary.--A determination 
made by the Secretary under this section shall be final and 
conclusive and shall not be subject to judicial review.
    ``(j) Definitions.--As used in this section:
            ``(1) Act of international terrorism.--The term 
        `act of international terrorism' includes--
                    ``(A) any act substantially contributing to 
                the acquisition of unsafeguarded special 
                nuclear material (as defined in paragraph (8) 
                of section 830 of the Nuclear Proliferation 
                Prevention Act of 1994 (22 U.S.C. 3201 note)) 
                or any nuclear explosive device (as defined in 
                paragraph (4) of that section) by an 
                individual, group, or non-nuclear-weapon state 
                (as defined in paragraph (5) of that section); 
                and
                    ``(B) any act, as determined by the 
                Secretary, which materially supports the 
                conduct of international terrorism, including 
                the counterfeiting of United States currency or 
                the illegal use of other monetary instruments 
                by an individual, group, or country supporting 
                international terrorism as determined for 
                purposes of section 6(j)(1)(A) of the Export 
                Administration Act of 1979 (50 U.S.C. App. 
                2405(j)(1)(A)).
            ``(2) Appropriate congressional committees.--The 
        term `appropriate congressional committees' means the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
            ``(3) Member of the immediate family.--The term 
        `member of the immediate family', with respect to an 
        individual, includes--
                    ``(A) a spouse, parent, brother, sister, or 
                child of the individual;
                    ``(B) a person with respect to whom the 
                individual stands in loco parentis; and
                    ``(C) any person not covered by 
                subparagraph (A) or (B) who is living in the 
                individual's household and is related to the 
                individual by blood or marriage.
            ``(4) Rewards program.--The term `rewards program' 
        means the program established in subsection (a)(1).
            ``(5) United states narcotics laws.--The term 
        `United States narcotics laws' means the laws of the 
        United States for the prevention and control of illicit 
        trafficking in controlled substances (as such term is 
        defined in section 102(6) of the Controlled Substances 
        Act (21 U.S.C. 802(6))).
            ``(6) United states person.--The term `United 
        States person' means--
                    ``(A) a citizen or national of the United 
                States; and
                    ``(B) an alien lawfully present in the 
                United States.''.

SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS REGISTRATION 
                    FEES.

    Section 45(a) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2717(a)) is amended--
            (1) at the end of paragraph (1), by striking 
        ``and'';
            (2) in paragraph (2)--
                    (A) by striking ``functions'' and inserting 
                ``functions, including compliance and 
                enforcement activities,''; and
                    (B) by striking the period at the end and 
                inserting ``; and''; and
            (3) by adding at the end the following new 
        paragraph:
            ``(3) the enhancement of defense trade export 
        compliance and enforcement activities, including 
        compliance audits of United States and foreign parties, 
        the conduct of administrative proceedings, monitoring 
        of end-uses in cases of direct commercial arms sales or 
        other transfers, and cooperation in proceedings for 
        enforcement of criminal laws related to defense trade 
        export controls.''.

SEC. 2204. FEES FOR COMMERCIAL SERVICES.

    Section 52(b) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2724(b)) is amended by adding at the end the 
following: ``Funds deposited under this subsection shall remain 
available for obligation through September 30 of the fiscal 
year following the fiscal year in which the funds were 
deposited.''.

SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.

    (a) Foreign Affairs Reimbursement.--
            (1) In general.--Section 701 of the Foreign Service 
        Act of 1980 (22 U.S.C. 4021) is amended--
                    (A) by redesignating subsection (d)(4) as 
                subsection (g); and
                    (B) by inserting after subsection (d) the 
                following new subsections:
    ``(e)(1) The Secretary may provide appropriate training or 
related services, except foreign language training, through the 
institution to any United States person (or any employee or 
family member thereof) that is engaged in business abroad.
    ``(2) The Secretary may provide job-related training or 
related services, including foreign language training, through 
the institution to a United States person under contract to 
provide services to the United States Government or to any 
employee thereof that is performing such services.
    ``(3) Training under this subsection may be provided only 
to the extent that space is available and only on a 
reimbursable or advance-of-funds basis. Reimbursements and 
advances shall be credited to the currently available 
applicable appropriation account.
    ``(4) Training and related services under this subsection 
is authorized only to the extent that it will not interfere 
with the institution's primary mission of training employees of 
the Department and of other agencies in the field of foreign 
relations.
    ``(5) In this subsection, the term `United States person' 
means--
            ``(A) any individual who is a citizen or national 
        of the United States; or
            ``(B) any corporation, company, partnership, 
        association, or other legal entity that is 50 percent 
        or more beneficially owned by citizens or nationals of 
        the United States.
    ``(f)(1) The Secretary is authorized to provide, on a 
reimbursable basis, training programs to Members of Congress or 
the Judiciary.
    ``(2) Employees of the legislative branch and employees of 
the judicial branch may participate, on a reimbursable basis, 
in training programs offered by the institution.
    ``(3) Reimbursements collected under this subsection shall 
be credited to the currently available applicable appropriation 
account.
    ``(4) Training under this subsection is authorized only to 
the extent that it will not interfere with the institution's 
primary mission of training employees of the Department and of 
other agencies in the field of foreign relations.''.
            (2) Effective date.--The amendments made by 
        paragraph (1) shall take effect on October 1, 1998.
            (3) Termination of pilot program.--Effective 
        October 1, 2002, section 701 of the Foreign Service Act 
        of 1980 (22 U.S.C. 4021), as amended by this 
        subsection, is further amended--
                    (A) by striking subsections (e) and (f); 
                and
                    (B) by redesignating subsection (g) as 
                paragraph (4) of subsection (d).
    (b) Fees for Use of National Foreign Affairs Training 
Center.--Title I of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
end the following new section:

``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS TRAINING 
                    CENTER.

    ``The Secretary is authorized to charge a fee for use of 
the National Foreign Affairs Training Center of the Department 
of State. Amounts collected under this section (including 
reimbursements and surcharges) shall be deposited as an 
offsetting collection to any Department of State appropriation 
to recover the costs of such use and shall remain available for 
obligation until expended.''.
    (c) Reporting on Pilot Program.--Two years after the date 
of enactment of this Act, the Secretary of State shall submit a 
report to the appropriate congressional committees containing--
            (1) the number of persons who have taken advantage 
        of the pilot program established under subsections (e) 
        and (f) of section 701 of the Foreign Service Act of 
        1980 and section 53 of the State Department Basic 
        Authorities Act of 1956, as added by this section;
            (2) the business or government affiliation of such 
        persons;
            (3) the amount of fees collected; and
            (4) the impact of the program on the primary 
        mission of the National Foreign Affairs Training 
        Center.

SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

    Title I of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a et seq.), as amended by this division, is 
further amended by adding at the end the following new section:

``SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

    ``The Secretary is authorized to charge a fee for use of 
the diplomatic reception rooms of the Department of State. 
Amounts collected under this section (including reimbursements 
and surcharges) shall be deposited as an offsetting collection 
to any Department of State appropriation to recover the costs 
of such use and shall remain available for obligation until 
expended.''.

SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.

    Title I of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a et seq.), as amended by this division, is 
further amended by adding at the end the following new section:

``SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.

    ``The Secretary shall include in the annual Congressional 
Presentation Document and the Budget in Brief a detailed 
accounting of the total collections received by the Department 
of State from all sources, including fee collections. Reporting 
on total collections shall also cover collections from the 
preceding fiscal year and the projected expenditures from all 
collections accounts.''.

SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.

    (a) Procedures.--Section 209(c) of the Foreign Service Act 
of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the 
following:
            ``(4) The Inspector General shall develop and 
        provide to employees--
                    ``(A) information detailing their rights to 
                counsel; and
                    ``(B) guidelines describing in general 
                terms the policies and procedures of the Office 
                of Inspector General with respect to 
                individuals under investigation other than 
                matters exempt from disclosure under other 
                provisions of law.''.
    (b) Notice.--Section 209(e) of the Foreign Service Act of 
1980 (22 U.S.C. 3929(e)) is amended by adding at the end the 
following new paragraph:
    ``(3) The Inspector General shall ensure that only 
officials from the Office of the Inspector General may 
participate in formal interviews or other formal meetings with 
the individual who is the subject of an investigation, other 
than an intelligence-related or sensitive undercover 
investigation, or except in those situations when the Inspector 
General has a reasonable basis to believe that such notice 
would cause tampering with witnesses, destroying evidence, or 
endangering the lives of individuals, unless that individual 
receives prior adequate notice regarding participation by 
officials of any other agency, including the Department of 
Justice, in such interviews or meetings.''.
    (c) Report.--
            (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Inspector General of 
        the Department of State and the Foreign Service shall 
        submit a report to the appropriate congressional 
        committees which includes the following:
                    (A) Detailed descriptions of the internal 
                guidance developed or used by the Office of the 
                Inspector General with respect to public 
                disclosure of any information related to an 
                ongoing investigation of any officer or 
                employee of the Department of State, the United 
                States Information Agency, or the United States 
                Arms Control and Disarmament Agency.
                    (B) Detailed descriptions of those 
                instances for the year ending December 31, 
                1997, in which any disclosure of information to 
                the public by an employee of the Office of 
                Inspector General about an ongoing 
                investigation occurred, including details on 
                the recipient of the information, the date of 
                the disclosure, and the internal clearance 
                process for the disclosure.
            (2) Statutory construction.--Disclosure of 
        information to the public under this section shall not 
        be construed to include information shared with 
        Congress by an employee of the Office of the Inspector 
        General.

SEC. 2209. CAPITAL INVESTMENT FUND.

    Section 135 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
            (1) in subsection (a), by inserting ``and 
        enhancement'' after ``procurement'';
            (2) in subsection (c), by striking ``are authorized 
        to'' and inserting ``shall'';
            (3) in subsection (d), by striking ``for 
        expenditure to procure capital equipment and 
        information technology'' and inserting ``for purposes 
        of subsection (a)''; and
            (4) by amending subsection (e) to read as follows:
    ``(e) Reprogramming Procedures.--Funds credited to the 
Capital Investment Fund shall not be available for obligation 
or expenditure except in compliance with the procedures 
applicable to reprogramming notifications under section 34 of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2706).''.

SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.

    Section 136(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) in evaluating proposals for such contracts, 
        award contracts to the technically acceptable firm 
        offering the lowest evaluated price, except that 
        proposals of United States persons and qualified United 
        States joint venture persons (as defined in subsection 
        (d)) shall be evaluated by reducing the bid price by 10 
        percent;'';
            (2) by inserting ``and'' at the end of paragraph 
        (5);
            (3) by striking ``; and'' at the end of paragraph 
        (6) and inserting a period; and
            (4) by striking paragraph (7).

SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION.

    Section 4(a) of the International Claims Settlement Act of 
1949 (22 U.S.C. 1623(a)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) in the first sentence, by striking ``(a) The'' 
        and all that follows through the period and inserting 
        the following:
    ``(a)(1) The Commission shall have jurisdiction to receive, 
examine, adjudicate, and render a final decision with respect 
to any claim of the Government of the United States or of any 
national of the United States--
            ``(A) included within the terms of the Yugoslav 
        Claims Agreement of 1948;
            ``(B) included within the terms of any claims 
        agreement concluded on or after March 10, 1954, between 
        the Government of the United States and a foreign 
        government (exclusive of governments against which the 
        United States declared the existence of a state of war 
        during World War II) similarly providing for the 
        settlement and discharge of claims of the Government of 
        the United States and of nationals of the United States 
        against a foreign government, arising out of the 
        nationalization or other taking of property, by the 
        agreement of the Government of the United States to 
        accept from that government a sum in en bloc settlement 
        thereof; or
            ``(C) included in a category of claims against a 
        foreign government which is referred to the Commission 
        by the Secretary of State.''; and
            (3) by redesignating the second sentence as 
        paragraph (2).

SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND 
                    PROCEEDINGS.

    (a) Recovery of Certain Expenses.--The Department of State 
Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the 
fifth undesignated paragraph under the heading entitled 
``international fisheries commission'' by inserting 
``(including such expenses as salaries and other personnel 
expenses)'' after ``extraordinary expenses''.
    (b) Procurement of Services.--Section 38(c) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is 
amended in the first sentence by inserting ``personal and'' 
before ``other support services''.

SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF CHILDREN.

    Section 7 of the International Child Abduction Remedies Act 
(42 U.S.C. 11606; Public Law 100-300) is amended by adding at 
the end the following new subsection:
    ``(e) Grant Authority.--The United States Central Authority 
is authorized to make grants to, or enter into contracts or 
agreements with, any individual, corporation, other Federal, 
State, or local agency, or private entity or organization in 
the United States for purposes of accomplishing its 
responsibilities under the Convention and this Act.''.

SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE DEPARTMENT OF 
                    STATE.

    (a) Counterdrug and Law Enforcement Strategy.--
            (1) Requirement.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of State 
        shall establish, implement, and submit to Congress a 
        comprehensive, long-term strategy to carry out the 
        counterdrug responsibilities of the Department of State 
        in a manner consistent with the National Drug Control 
        Strategy. The strategy shall involve all elements of 
        the Department in the United States and abroad.
            (2) Objectives.--In establishing the strategy, the 
        Secretary shall--
                    (A) coordinate with the Office of National 
                Drug Control Policy in the development of 
                clear, specific, and measurable counterdrug 
                objectives for the Department that support the 
                goals and objectives of the National Drug 
                Control Strategy;
                    (B) develop specific and, to the maximum 
                extent practicable, quantifiable measures of 
                performance relating to the objectives, 
                including annual and long-term measures of 
                performance, for purposes of assessing the 
                success of the Department in meeting the 
                objectives;
                    (C) assign responsibilities for meeting the 
                objectives to appropriate elements of the 
                Department;
                    (D) develop an operational structure within 
                the Department that minimizes impediments to 
                meeting the objectives;
                    (E) ensure that every United States 
                ambassador or chief of mission is fully briefed 
                on the strategy, and works to achieve the 
                objectives; and
                    (F) ensure that--
                            (i) all budgetary requests and 
                        transfers of equipment (including the 
                        financing of foreign military sales and 
                        the transfer of excess defense 
                        articles) relating to international 
                        counterdrug efforts conforms with the 
                        objectives; and
                            (ii) the recommendations of the 
                        Department regarding certification 
                        determinations made by the President on 
                        March 1 as to the counterdrug 
                        cooperation, or adequate steps on its 
                        own, of each major illicit drug 
                        producing and drug trafficking country 
                        to achieve full compliance with the 
                        goals and objectives established by the 
                        United Nations Convention Against 
                        Illicit Traffic in Narcotic Drugs and 
                        Psychotropic Substances also conform to 
                        meet such objectives.
            (3) Reports.--Not later than February 15 of each 
        year subsequent to the submission of the strategy 
        described in paragraph (1), the Secretary shall submit 
        to Congress an update of the strategy. The update shall 
        include--
                    (A) an outline of the proposed activities 
                with respect to the strategy during the 
                succeeding year, including the manner in which 
                such activities will meet the objectives set 
                forth in paragraph (2); and
                    (B) detailed information on how 
                certification determinations described in 
                paragraph (2)(F) made the previous year 
                affected achievement of the objectives set 
                forth in paragraph (2) for the previous 
                calendar year.
            (4) Limitation on delegation.--The Secretary shall 
        designate an official in the Department who reports 
        directly to the Secretary to oversee the implementation 
        of the strategy throughout the Department.
    (b) Information on International Criminals.--
            (1) Information system.--The Secretary shall, in 
        consultation with the heads of appropriate United 
        States law enforcement agencies, including the Attorney 
        General and the Secretary of the Treasury, take 
        appropriate actions to establish an information system 
        or improve existing information systems containing 
        comprehensive information on serious crimes committed 
        by foreign nationals. The information system shall be 
        available to United States embassies and missions 
        abroad for use in consideration of applications for 
        visas for entry into the United States.
            (2) Report.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall submit to 
        the appropriate congressional committees a report on 
        the actions taken under paragraph (1).
    (c) Overseas Coordination of Counterdrug and Anticrime 
Programs, Policy, and Assistance.--
            (1) Strengthening coordination.--The 
        responsibilities of every diplomatic mission of the 
        United States shall include the strengthening of 
        cooperation between and among the United States and 
        foreign governmental entities and multilateral entities 
        with respect to activities relating to international 
        narcotics and crime.
            (2) Designation of officers.--
                    (A) In general.--Consistent with existing 
                memoranda of understanding between the 
                Department of State and other departments and 
                agencies of the United States, including the 
                Department of Justice, the chief of mission of 
                every diplomatic mission of the United States 
                shall designate an officer or officers within 
                the mission to carry out the responsibility of 
                the mission under paragraph (1), including the 
                coordination of counterdrug, law enforcement, 
                rule of law, and administration of justice 
                programs, policy, and assistance. Such officer 
                or officers shall report to the chief of 
                mission, or the designee of the chief of 
                mission, on a regular basis regarding 
                activities undertaken in carrying out such 
                responsibility.
                    (B) Reports.--The chief of mission of every 
                diplomatic mission of the United States shall 
                submit to the Secretary on a regular basis a 
                report on the actions undertaken by the mission 
                to carry out such responsibility.
            (3) Report to congress.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary 
        shall submit to the Committee on Foreign Relations of 
        the Senate and the Committee on International Relations 
        of the House of Representatives a report on the status 
        of any proposals for action or on action undertaken to 
        improve staffing and personnel management at diplomatic 
        missions of the United States in order to carry out the 
        responsibility set forth in paragraph (1).

SEC. 2215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES.

    The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et 
seq.) is amended by adding at the end the following new 
section:
    ``Sec. 12. Not later than March 1 of each year, the 
Secretary of State shall submit to Congress a report listing 
overseas United States surplus properties that are administered 
under this Act and that have been identified for sale.''.

SEC. 2216. HUMAN RIGHTS REPORTS.

    Section 116(d) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(d)) is amended--
            (1) by striking ``January 31'' and inserting 
        ``February 25'';
            (2) by redesignating paragraphs (3), (4), (5), and 
        (6) as paragraphs (4), (5), (6), and (7), respectively; 
        and
            (3) by inserting after paragraph (2) the following 
        new paragraph:
            ``(3) the status of child labor practices in each 
        country, including--
                    ``(A) whether such country has adopted 
                policies to protect children from exploitation 
                in the workplace, including a prohibition of 
                forced and bonded labor and policies regarding 
                acceptable working conditions; and
                    ``(B) the extent to which each country 
                enforces such policies, including the adequacy 
                of the resources and oversight dedicated to 
                such policies;''.

SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.

    Title I of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a et seq.), as amended by this division, is 
further amended by adding at the end the following new section:

``SEC. 56. CRIMES COMMITTED BY DIPLOMATS.

    ``(a) Annual Report Concerning Diplomatic Immunity.--
            ``(1) Report to congress.--180 days after the date 
        of enactment, and annually thereafter, the Secretary of 
        State shall prepare and submit to the Congress, a 
        report concerning diplomatic immunity entitled `Report 
        on Cases Involving Diplomatic Immunity'.
            ``(2) Content of report.--In addition to such other 
        information as the Secretary of State may consider 
        appropriate, the report under paragraph (1) shall 
        include the following:
                    ``(A) The number of persons residing in the 
                United States who enjoy full immunity from the 
                criminal jurisdiction of the United States 
                under laws extending diplomatic privileges and 
                immunities.
                    ``(B) Each case involving an alien 
                described in subparagraph (A) in which an 
                appropriate authority of a State, a political 
                subdivision of a State, or the United States 
                reported to the Department of State that the 
                authority had reasonable cause to believe the 
                alien committed a serious criminal offense 
                within the United States, and any additional 
                information provided to the Secretary relating 
                to other serious criminal offenses that any 
                such authority had reasonable cause to believe 
                the alien committed before the period covered 
                by the report. The Secretary may omit from such 
                report any matter the provision of which the 
                Secretary reasonably believes would compromise 
                a criminal investigation or prosecution or 
                which would directly compromise law enforcement 
                or intelligence sources or methods.
                    ``(C) Each case described in subparagraph 
                (B) in which the Secretary of State has 
                certified that a person enjoys full immunity 
                from the criminal jurisdiction of the United 
                States under laws extending diplomatic 
                privileges and immunities.
                    ``(D) The number of United States citizens 
                who are residing in a receiving state and who 
                enjoy full immunity from the criminal 
                jurisdiction of such state under laws extending 
                diplomatic privileges and immunities.
                    ``(E) Each case involving a United States 
                citizen under subparagraph (D) in which the 
                United States has been requested by the 
                government of a receiving state to waive the 
                immunity from criminal jurisdiction of the 
                United States citizen.
                    ``(F) Whether the Secretary has made the 
                notifications referred to in subsection (c) 
                during the period covered by the report.
            ``(3) Serious criminal offense defined.--For the 
        purposes of this section, the term `serious criminal 
        offense' means--
                    ``(A) any felony under Federal, State, or 
                local law;
                    ``(B) any Federal, State, or local offense 
                punishable by a term of imprisonment of more 
                than 1 year;
                    ``(C) any crime of violence as defined for 
                purposes of section 16 of title 18, United 
                States Code; or
                    ``(D)(i) driving under the influence of 
                alcohol or drugs;
                    ``(ii) reckless driving; or
                    ``(iii) driving while intoxicated.
    ``(b) United States Policy Concerning Reform of Diplomatic 
Immunity.--It is the sense of the Congress that the Secretary 
of State should explore, in appropriate fora, whether states 
should enter into agreements and adopt legislation--
            ``(1) to provide jurisdiction in the sending state 
        to prosecute crimes committed in the receiving state by 
        persons entitled to immunity from criminal jurisdiction 
        under laws extending diplomatic privileges and 
        immunities; and
            ``(2) to provide that where there is probable cause 
        to believe that an individual who is entitled to 
        immunity from the criminal jurisdiction of the 
        receiving state under laws extending diplomatic 
        privileges and immunities committed a serious crime, 
        the sending state will waive such immunity or the 
        sending state will prosecute such individual.
    ``(c) Notification of Diplomatic Corps.--The Secretary 
should periodically notify each foreign mission of United 
States policies relating to criminal offenses committed by 
individuals with immunity from the criminal jurisdiction of the 
United States under laws extending diplomatic privileges and 
immunities.''.

SEC. 2218. REAFFIRMING UNITED STATES INTERNATIONAL TELECOMMUNICATIONS 
                    POLICY.

    (a) Procurement Policy.--It is the policy of the United 
States to foster and support procurement of goods and services 
from private, commercial companies.
    (b) Implementation.--In order to achieve the policy set 
forth in subsection (a), the Diplomatic Telecommunications 
Service Program Office (DTS-PO) shall--
            (1) utilize full and open competition, to the 
        maximum extent practicable, in the procurement of 
        telecommunications services, including satellite space 
        segment, for the Department of State and each other 
        Federal entity represented at United States diplomatic 
        missions and consular posts overseas;
            (2) make every effort to ensure and promote the 
        participation in the competition for such procurement 
        of commercial private sector providers of satellite 
        space segment who have no ownership or other connection 
        with an intergovernmental satellite organization; and
            (3) implement the competitive procedures required 
        by paragraphs (1) and (2) at the prime contracting 
        level and, to the maximum extent practicable, the 
        subcontracting level.

SEC. 2219. REDUCTION OF REPORTING.

    (a) Repeals.--The following provisions of law are repealed:
            (1) Model foreign language competence posts.--The 
        second sentence of section 161(c) of the Foreign 
        Relations Authorization Act, Fiscal Year 1990 and 1991 
        (22 U.S.C. 4171 note).
            (2) Actions of the government of haiti.--Section 
        705(c) of the International Security and Development 
        Cooperation Act of 1985 (Public Law 99-83).
            (3) Training facility for the foreign service 
        institute.--Section 123(e)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (Public 
        Law 99-93).
            (4) Military assistance for haiti.--Section 203(c) 
        of the Special Foreign Assistance Act of 1986 (Public 
        Law 99-529).
            (5) International sugar agreement, 1977.--Section 5 
        of the Act entitled ``An Act providing for the 
        implementation of the International Sugar Agreement, 
        1977, and for other purposes'' (Public Law 96-236; 7 
        U.S.C. 3605 and 3606).
            (6) Audience survey of worldnet program.--Section 
        209 (c) and (d) of the Foreign Relations Authorization 
        Act, Fiscal Years 1988 and 1989 (Public Law 100-204).
            (7) Research on the near and middle east.--Section 
        228(b) of the Foreign Relations Authorization Act, 
        Fiscal Years 1992 and 1993 (Public Law 102-138; 22 
        U.S.C. 2452 note).
    (b) Progress Toward Regional Nonproliferation.--Section 
620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2376(c); relating to periodic reports on progress toward 
regional nonproliferation) is amended by striking ``Not later 
than April 1, 1993 and every six months thereafter,'' and 
inserting ``Not later than April 1 of each year,''.
    (c) Report on Participation by United States Military 
Personnel Abroad in United States Elections.--Section 101(b)(6) 
of the Uniformed and Overseas Citizens Absentee Voting Act of 
1986 (42 U.S.C. 1973ff(b)(6)) is amended by striking ``of voter 
participation'' and inserting ``of uniformed services voter 
participation, a general assessment of overseas nonmilitary 
participation,''.

       CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED 
                    PASSPORT SERVICES.

    For each of the fiscal years 1998 and 1999, of the fees 
collected for expedited passport processing and deposited to an 
offsetting collection pursuant to title V of the Department of 
State and Related Agencies Appropriations Act for Fiscal Year 
1995 (Public Law 103-317; 22 U.S.C. 214 note), 30 percent shall 
be available only for enhancing passport services for United 
States citizens, improving the integrity and efficiency of the 
passport issuance process, improving the secure nature of the 
United States passport, investigating passport fraud, and 
deterring entry into the United States by terrorists, drug 
traffickers, or other criminals.

SEC. 2222. CONSULAR OFFICERS.

    (a) Persons Authorized To Issue Reports of Births Abroad.--
Section 33 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding at 
the end the following: ``For purposes of this paragraph, the 
term `consular officer' includes any United States citizen 
employee of the Department of State who is designated by the 
Secretary of State to adjudicate nationality abroad pursuant to 
such regulations as the Secretary may prescribe.''.
    (b) Provisions Applicable to Consular Officers.--Section 
1689 of the Revised Statutes (22 U.S.C. 4191) is amended by 
inserting ``and to such other United States citizen employees 
of the Department of State as may be designated by the 
Secretary of State pursuant to such regulations as the 
Secretary may prescribe'' after ``such officers''.
    (c) Persons Authorized To Authenticate Foreign Documents.--
            (1) Designated united states citizens performing 
        notarial acts.--Section 1750 of the Revised Statutes, 
        as amended (22 U.S.C. 4221) is further amended by 
        inserting after the first sentence: ``At any post, 
        port, or place where there is no consular officer, the 
        Secretary of State may authorize any other officer or 
        employee of the United States Government who is a 
        United States citizen serving overseas, including any 
        contract employee of the United States Government, to 
        perform such acts, and any such contractor so 
        authorized shall not be considered to be a consular 
        officer.''.
            (2) Definition of consular officers.--Section 
        3492(c) of title 18, United States Code, is amended by 
        adding at the end the following: ``For purposes of this 
        section and sections 3493 through 3496 of this title, 
        the term `consular officers' includes any United States 
        citizen who is designated to perform notarial functions 
        pursuant to section 1750 of the Revised Statutes, as 
        amended (22 U.S.C. 4221).''.
    (d) Persons Authorized To Administer Oaths.--Section 115 of 
title 35, United States Code, is amended by adding at the end 
the following: ``For purposes of this section, a consular 
officer shall include any United States citizen serving 
overseas, authorized to perform notarial functions pursuant to 
section 1750 of the Revised Statutes, as amended (22 U.S.C. 
4221).''.
    (e) Definition of Consular Officer.--Section 101(a)(9) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is 
amended by--
            (1) inserting ``or employee'' after ``officer'' the 
        second place it appears; and
            (2) inserting before the period at the end of the 
        sentence ``or, when used in title III, for the purpose 
        of adjudicating nationality''.
    (f) Training for Employees Performing Consular Functions.--
Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) 
is amended by adding at the end the following new subsection:
    ``(d)(1) Before a United States citizen employee (other 
than a diplomatic or consular officer of the United States) may 
be designated by the Secretary of State, pursuant to 
regulation, to perform a consular function abroad, the United 
States citizen employee shall--
            ``(A) be required to complete successfully a 
        program of training essentially equivalent to the 
        training that a consular officer who is a member of the 
        Foreign Service would receive for purposes of 
        performing such function; and
            ``(B) be certified by an appropriate official of 
        the Department of State to be qualified by knowledge 
        and experience to perform such function.
    ``(2) As used in this subsection, the term `consular 
function' includes the issuance of visas, the performance of 
notarial and other legalization functions, the adjudication of 
passport applications, the adjudication of nationality, and the 
issuance of citizenship documentation.''.

SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.

    Sections 1726, 1727, and 1728 of the Revised Statutes of 
the United States (22 U.S.C. 4212, 4213, and 4214), as amended 
(relating to accounting for consular fees) are repealed.

SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR 
                    TRAVEL ADVISORIES.

    (a) Foreign Airports.--Section 44908(a) of title 49, United 
States Code, is amended--
            (1) by inserting ``and'' at the end of paragraph 
        (1);
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph 
        (2).
    (b) Foreign Ports.--Section 908(a) of the International 
Maritime and Port Security Act of 1986 (46 U.S.C. App. 1804(a)) 
is amended by striking the second sentence, relating to Federal 
Register publication by the Secretary of State.

SEC. 2225. DENIAL OF VISAS TO CONFISCATORS OF AMERICAN PROPERTY.

    (a) Denial of Visas.--Except as otherwise provided in 
section 401 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114), and subject to 
subsection (b), the Secretary of State may deny the issuance of 
a visa to any alien who--
            (1) through the abuse of position, including a 
        governmental or political party position, converts or 
        has converted for personal gain real property that has 
        been confiscated or expropriated, a claim to which is 
        owned by a national of the United States, or who is 
        complicit in such a conversion; or
            (2) induces any of the actions or omissions 
        described in paragraph (1) by any person.
    (b) Exceptions.--Subsection (a) shall not apply to--
            (1) any country established by international 
        mandate through the United Nations; or
            (2) any territory recognized by the United States 
        Government to be in dispute.
    (c) Reporting Requirement.--Not later than 6 months after 
the date of enactment of this Act, and every 12 months 
thereafter, the Secretary of State shall submit to the Speaker 
of the House of Representatives and to the chairman of the 
Committee on Foreign Relations of the Senate a report, 
including--
            (1) a list of aliens who have been denied a visa 
        under this subsection; and
            (2) a list of aliens who could have been denied a 
        visa under subsection (a) but were issued a visa and an 
        explanation as to why each such visa was issued.

SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL 
                    CHILD ABDUCTOR.

      (a) Amendment of Immigration and Nationality Act.--
Section 212(a)(10)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and 
inserting the following:
                            ``(ii) Aliens supporting abductors 
                        and relatives of abductors.--Any alien 
                        who--
                                    ``(I) is known by the 
                                Secretary of State to have 
                                intentionally assisted an alien 
                                in the conduct described in 
                                clause (i),
                                    ``(II) is known by the 
                                Secretary of State to be 
                                intentionally providing 
                                material support or safe haven 
                                to an alien described in clause 
                                (i), or
                                    ``(III) is a spouse (other 
                                than the spouse who is the 
                                parent of the abducted child), 
                                child (other than the abducted 
                                child), parent, sibling, or 
                                agent of an alien described in 
                                clause (i), if such person has 
                                been designated by the 
                                Secretary of State at the 
                                Secretary's sole and 
                                unreviewable discretion, is 
                                inadmissible until the child 
                                described in clause (i) is 
                                surrendered to the person 
                                granted custody by the order 
                                described in that clause, and 
                                such person and child are 
                                permitted to return to the 
                                United States or such person's 
                                place of residence.
                            ``(iii) Exceptions.--Clauses (i) 
                        and (ii) shall not apply--
                                    ``(I) to a government 
                                official of the United States 
                                who is acting within the scope 
                                of his or her official duties;
                                    ``(II) to a government 
                                official of any foreign 
                                government if the official has 
                                been designated by the 
                                Secretary of State at the 
                                Secretary's sole and 
                                unreviewable discretion; or
                                    ``(III) so long as the 
                                child is located in a foreign 
                                state that is a party to the 
                                Convention on the Civil Aspects 
                                of International Child 
                                Abduction, done at The Hague on 
                                October 25, 1980.''.
      (b) Effective Date.--The amendment made by subsection (a) 
shall apply to aliens seeking admission to the United States on 
or after the date of enactment of this Act.

                   CHAPTER 3--REFUGEES AND MIGRATION

             Subchapter A--Authorization of Appropriations

SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.

      (a) Migration and Refugee Assistance.--
            (1) Authorization of appropriations.--There are 
        authorized to be appropriated for ``Migration and 
        Refugee Assistance'' for authorized activities, 
        $650,000,000 for the fiscal year 1998 and $704,500,000 
        for the fiscal year 1999.
            (2) Limitations.--
                    (A) Limitation regarding tibetan refugees 
                in india and nepal.--Of the amounts authorized 
                to be appropriated in paragraph (1), not more 
                than $2,000,000 for the fiscal year 1998 and 
                $2,000,000 for the fiscal year 1999 are 
                authorized to be available only for 
                humanitarian assistance, including food, 
                medicine, clothing, and medical and vocational 
                training, to Tibetan refugees in India and 
                Nepal who have fled Chinese-occupied Tibet.
                    (B) Refugees resettling in israel.--Of the 
                amounts authorized to be appropriated in 
                paragraph (1), $80,000,000 for the fiscal year 
                1998 and $80,000,000 for the fiscal year 1999 
                are authorized to be available for assistance 
                for refugees resettling in Israel from other 
                countries.
                    (C) Humanitarian assistance for displaced 
                burmese.--Of the amounts authorized to be 
                appropriated in paragraph (1), $1,500,000 for 
                the fiscal year 1998 and $1,500,000 for the 
                fiscal year 1999 for humanitarian assistance 
                are authorized to be available, including food, 
                medicine, clothing, and medical and vocational 
                training, to persons displaced as a result of 
                civil conflict in Burma, including persons 
                still within Burma.
      (b) Availability of Funds.--Funds appropriated pursuant 
to this section are authorized to remain available until 
expended.

                       Subchapter B--Authorities

SEC. 2241. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF 
                    REFUGEES.

      (a) In General.--None of the funds made available by this 
subdivision shall be available to effect the involuntary return 
by the United States of any person to a country in which the 
person has a well-founded fear of persecution on account of 
race, religion, nationality, membership in a particular social 
group, or political opinion, except on grounds recognized as 
precluding protection as a refugee under the United Nations 
Convention Relating to the Status of Refugees of July 28, 1951, 
and the Protocol Relating to the Status of Refugees of January 
31, 1967, subject to the reservations contained in the United 
States Senate Resolution of Ratification.
      (b) Migration and Refugee Assistance.--None of the funds 
made available by section 2231 of this division or by section 
2(c) of the Migration and Refugee Assistance Act of 1962 (22 
U.S.C. 2601(c)) shall be available to effect the involuntary 
return of any person to any country unless the Secretary of 
State first notifies the appropriate congressional committees, 
except that in the case of an emergency involving a threat to 
human life the Secretary of State shall notify the appropriate 
congressional committees as soon as practicable.
      (c) Involuntary Return Defined.--As used in this section, 
the term ``to effect the involuntary return'' means to require, 
by means of physical force or circumstances amounting to a 
threat thereof, a person to return to a country against the 
person's will, regardless of whether the person is physically 
present in the United States and regardless of whether the 
United States acts directly or through an agent.

SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN 
                    OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.

      (a) Policy.--It shall be the policy of the United States 
not to expel, extradite, or otherwise effect the involuntary 
return of any person to a country in which there are 
substantial grounds for believing the person would be in danger 
of being subjected to torture, regardless of whether the person 
is physically present in the United States.
      (b) Regulations.--Not later than 120 days after the date 
of enactment of this Act, the heads of the appropriate agencies 
shall prescribe regulations to implement the obligations of the 
United States under Article 3 of the United Nations Convention 
Against Torture and Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment, subject to any reservations, 
understandings, declarations, and provisos contained in the 
United States Senate resolution of ratification of the 
Convention.
      (c) Exclusion of Certain Aliens.--To the maximum extent 
consistent with the obligations of the United States under the 
Convention, subject to any reservations, understandings, 
declarations, and provisos contained in the United States 
Senate resolution of ratification of the Convention, the 
regulations described in subsection (b) shall exclude from the 
protection of such regulations aliens described in section 
241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)(B)).
      (d) Review and Construction.--Notwithstanding any other 
provision of law, and except as provided in the regulations 
described in subsection (b), no court shall have jurisdiction 
to review the regulations adopted to implement this section, 
and nothing in this section shall be construed as providing any 
court jurisdiction to consider or review claims raised under 
the Convention or this section, or any other determination made 
with respect to the application of the policy set forth in 
subsection (a), except as part of the review of a final order 
of removal pursuant to section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).
      (e) Authority To Detain.--Nothing in this section shall 
be construed as limiting the authority of the Attorney General 
to detain any person under any provision of law, including, but 
not limited to, any provision of the Immigration and 
Nationality Act.
      (f) Definitions.--
            (1) Convention defined.--In this section, the term 
        ``Convention'' means the United Nations Convention 
        Against Torture and Other Forms of Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York on 
        December 10, 1984.
            (2) Same terms as in the convention.--Except as 
        otherwise provided, the terms used in this section have 
        the meanings given those terms in the Convention, 
        subject to any reservations, understandings, 
        declarations, and provisos contained in the United 
        States Senate resolution of ratification of the 
        Convention.

SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.

      Section 34 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2706) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Foreign Affairs'' and 
                inserting ``International Relations and the 
                Committee on Appropriations''; and
                    (B) by inserting ``and the Committee on 
                Appropriations'' after ``Foreign Relations''; 
                and
            (2) by adding at the end the following new 
        subsection:
    ``(c) The Secretary of State may waive the notification 
requirement of subsection (a), if the Secretary determines that 
failure to do so would pose a substantial risk to human health 
or welfare. In the case of any waiver under this subsection, 
notification to the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee on Appropriations of 
the House of Representatives shall be provided as soon as 
practicable, but not later than 3 days after taking the action 
to which the notification requirement was applicable, and shall 
contain an explanation of the emergency circumstances.''.

SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.

    Section 584 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997 (Public Law 104-
208; 110 Stat. 3009-171) is amended--
            (1) in subsection (a)--
                    (A) by striking ``For purposes'' and 
                inserting ``Notwithstanding any other provision 
                of law, for purposes''; and
                    (B) by striking ``fiscal year 1997'' and 
                inserting ``fiscal years 1997, 1998, and 
                1999''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Aliens Covered.--
            ``(1) In general.-- An alien described in this 
        subsection is an alien who--
                    ``(A) is the son or daughter of a qualified 
                national;
                    ``(B) is 21 years of age or older; and
                    ``(C) was unmarried as of the date of 
                acceptance of the alien's parent for 
                resettlement under the Orderly Departure 
                Program.
            ``(2) Qualified national.--For purposes of 
        paragraph (1), the term `qualified national' means a 
        national of Vietnam who--
                    ``(A)(i) was formerly interned in a 
                reeducation camp in Vietnam by the Government 
                of the Socialist Republic of Vietnam; or
                    ``(ii) is the widow or widower of an 
                individual described in clause (i); and
                    ``(B)(i) qualified for refugee processing 
                under the reeducation camp internees subprogram 
                of the Orderly Departure Program; and
                    ``(ii) on or after April 1, 1995, is or has 
                been accepted--
                            ``(I) for resettlement as a 
                        refugee; or
                            ``(II) for admission as an 
                        immigrant under the Orderly Departure 
                        Program.''.

SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.

    Beginning not later than 6 months after the date of 
enactment of this Act, and every 6 months thereafter, the 
Secretary of State shall supplement the monthly report to 
Congress entitled ``Update on Monitoring of Cuban Migrant 
Returnees'' with additional information concerning the methods 
employed by the Government of Cuba to enforce the United 
States-Cuba agreement of September 1994 and the treatment by 
the Government of Cuba of persons who have returned to Cuba 
pursuant to the United States-Cuba agreement of May 1995.

  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE

SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

    (a) Establishment.--Section 1 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding 
at the end the following new subsection:
    ``(f) Coordinator for Counterterrorism.--
            ``(1) In general.--There is within the office of 
        the Secretary of State a Coordinator for 
        Counterterrorism (in this paragraph referred to as the 
        `Coordinator') who shall be appointed by the President, 
        by and with the advice and consent of the Senate.
            ``(2) Duties.--
                    ``(A) In general.--The Coordinator shall 
                perform such duties and exercise such powers as 
                the Secretary of State shall prescribe.
                    ``(B) Duties described.--The principal duty 
                of the Coordinator shall be the overall 
                supervision (including policy oversight of 
                resources) of international counterterrorism 
                activities. The Coordinator shall be the 
                principal adviser to the Secretary of State on 
                international counterterrorism matters. The 
                Coordinator shall be the principal 
                counterterrorism official within the senior 
                management of the Department of State and shall 
                report directly to the Secretary of State.
            ``(3) Rank and status of ambassador.--The 
        Coordinator shall have the rank and status of 
        Ambassador at Large.''.
    (b) Technical and Conforming Amendments.--Section 161 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236) is amended by striking subsection 
(e).

SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE FOR 
                    BURDENSHARING.

    Section 161 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is amended by 
striking subsection (f).

SEC. 2303. PERSONNEL MANAGEMENT.

    Section 1 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a), as amended by this division, is further 
amended by adding at the end the following new subsection:
    ``(g) Qualifications of Officer Having Primary 
Responsibility for Personnel Management.--The officer of the 
Department of State with primary responsibility for assisting 
the Secretary of State with respect to matters relating to 
personnel in the Department of State, or that officer's 
principal deputy, shall have substantial professional 
qualifications in the field of human resource policy and 
management.''.

SEC. 2304. DIPLOMATIC SECURITY.

    Section 1 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a), as amended by this division, is further 
amended by adding at the end the following new subsection:
    ``(h) Qualifications of Officer Having Primary 
Responsibility for Diplomatic Security.--The officer of the 
Department of State with primary responsibility for assisting 
the Secretary of State with respect to diplomatic security, or 
that officer's principal deputy, shall have substantial 
professional qualifications in the fields of (1) management, 
and (2) Federal law enforcement, intelligence, or security.''.

SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR THE 
                    DEPARTMENT OF STATE.

    (a) Under Secretaries.--
            (1) In general.--Section 1(b) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2651a(b)) is amended by striking ``5'' and inserting 
        ``6''.
            (2) Conforming amendment to title 5.--Section 5314 
        of title 5, United States Code, is amended by striking 
        ``Under Secretaries of State (5)'' and inserting 
        ``Under Secretaries of State (6)''.
    (b) Assistant Secretaries.--
            (1) In general.--Section 1(c)(1) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2651a(c)(1)) is amended by striking ``20'' and 
        inserting ``24''.
            (2) Conforming amendment to title 5.--Section 5315 
        of title 5, United States Code, is amended by striking 
        ``Assistant Secretaries of State (20)'' and inserting 
        ``Assistant Secretaries of State (24)''.
    (c) Deputy Assistant Secretaries.--Section 1 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as 
amended by this division, is further amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and 
        (h) as subsections (d), (e), (f), and (g), 
        respectively.

SEC. 2306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT SECRETARIES OF 
                    STATE.

    (a) Under Secretaries of State.--Section 1(b) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), 
as amended by this division, is further amended by adding at 
the end the following new paragraph:
            ``(4) Nomination of Under Secretaries.--Whenever 
        the President submits to the Senate a nomination of an 
        individual for appointment to a position in the 
        Department of State that is described in paragraph (1), 
        the President shall designate the particular Under 
        Secretary position in the Department of State that the 
        individual shall have.''.
    (b) Assistant Secretaries of State.--Section 1(c) of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 
2651a(c)), as amended by this division, is further amended by 
adding at the end the following new paragraph:
            ``(3) Nomination of Assistant Secretaries.--
        Whenever the President submits to the Senate a 
        nomination of an individual for appointment to a 
        position in the Department of State that is described 
        in paragraph (1), the President shall designate the 
        regional or functional bureau or bureaus of the 
        Department of State with respect to which the 
        individual shall have responsibility.''.

  CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE

SEC. 2311. FOREIGN SERVICE REFORM.

    (a) Performance Pay.--Section 405 of the Foreign Service 
Act of 1980 (22 U.S.C. 3965) is amended--
            (1) in subsection (a), by striking ``Members'' and 
        inserting ``Subject to subsection (e), members''; and
            (2) by adding at the end the following new 
        subsection:
    ``(e) Notwithstanding any other provision of law, the 
Secretary of State may provide for recognition of the 
meritorious or distinguished service of any member of the 
Foreign Service described in subsection (a) (including any 
member of the Senior Foreign Service) by means other than an 
award of performance pay in lieu of making such an award under 
this section.''.
    (b) Expedited Separation Out.--
            (1) Separation of lowest ranked foreign service 
        members.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of State shall 
        develop and implement procedures to identify, and 
        recommend for separation, any member of the Foreign 
        Service ranked by promotion boards of the Department of 
        State in the bottom 5 percent of his or her class for 2 
        or more of the 5 years preceding the date of enactment 
        of this Act (in this subsection referred to as the 
        ``years of lowest ranking'') if the rating official for 
        such member was not the same individual for any two of 
        the years of lowest ranking.
            (2) Special internal reviews.--In any case where 
        the member was evaluated by the same rating official in 
        any 2 of the years of lowest ranking, an internal 
        review of the member's file shall be conducted to 
        determine whether the member should be considered for 
        action leading to separation.
            (3) Procedures.--The Secretary of State shall 
        develop procedures for the internal reviews required 
        under paragraph (2).

SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.

    (a) Benefits.--Section 609 of the Foreign Service Act of 
1980 (22 U.S.C. 4009) is amended--
            (1) in subsection (a)(2)(A), by inserting ``or any 
        other applicable provision of chapter 84 of title 5, 
        United States Code,'' after ``section 811'';
            (2) in subsection (a), by inserting ``or section 
        855, as appropriate'' after ``section 806''; and
            (3) in subsection (b)(2)--
                    (A) by striking ``(2)'' and inserting 
                ``(2)(A) for those participants in the Foreign 
                Service Retirement and Disability System,''; 
                and
                    (B) by inserting before the period at the 
                end ``; and (B) for those participants in the 
                Foreign Service Pension System, benefits as 
                provided in section 851''; and
            (4) in subsection (b) in the matter following 
        paragraph (2), by inserting ``(for participants in the 
        Foreign Service Retirement and Disability System) or 
        age 62 (for participants in the Foreign Service Pension 
        System)'' after ``age 60''.
    (b) Entitlement to Annuity.--Section 855(b) of the Foreign 
Service Act of 1980 (22 U.S.C. 4071d(b)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``611,'' after ``608,'';
                    (B) by inserting ``or for participants in 
                the Foreign Service Pension System,'' after 
                ``for participants in the Foreign Service 
                Retirement and Disability System''; and
                    (C) by striking ``Service shall'' and 
                inserting ``Service, shall''; and
            (2) in paragraph (3), by striking ``or 610'' and 
        inserting ``610, or 611''.
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph 
        (2), the amendments made by this section shall take 
        effect on the date of the enactment of this Act.
            (2) Exceptions.--The amendments made by paragraphs 
        (2) and (3) of subsection (a) and paragraphs (1)(A) and 
        (2) of subsection (b) shall apply with respect to any 
        actions taken under section 611 of the Foreign Service 
        Act of 1980 on or after January 1, 1996.

SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED FELONS FROM THE 
                    FOREIGN SERVICE.

    Section 610(a)(2) of the Foreign Service Act of 1980 (22 
U.S.C. 4010(a)(2)) is amended in the first sentence by striking 
``A member'' and inserting ``Except in the case of an 
individual who has been convicted of a crime for which a 
sentence of imprisonment of more than 1 year may be imposed, a 
member''.

SEC. 2314. CAREER COUNSELING.

    (a) In General.--Section 706(a) of the Foreign Service Act 
of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end the 
following new sentence: ``Career counseling and related 
services provided pursuant to this Act shall not be construed 
to permit an assignment that consists primarily of paid time to 
conduct a job search and without other substantive duties for 
more than one month.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall be effective 180 days after the date of the enactment of 
this Act.

SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

    Section 1017(e)(2) of the Foreign Service Act of 1980 (22 
U.S.C. 4117(e)(2)) is amended to read as follows:
            ``(2) For the purposes of paragraph (1)(A)(ii) and 
        paragraph (1)(B), the term `management official' does 
        not include--
                    ``(A) any chief of mission;
                    ``(B) any principal officer or deputy 
                principal officer;
                    ``(C) any administrative or personnel 
                officer abroad; or
                    ``(D) any individual described in section 
                1002(12) (B), (C), or (D) who is not involved 
                in the administration of this chapter or in the 
                formulation of the personnel policies and 
                programs of the Department.''.

SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN 
                    THE DIPLOMATIC SECURITY SERVICE.

    (a) In General.--Section 5545a of title 5, United States 
Code, is amended by adding at the end the following:
    ``(k)(1) For purposes of this section, the term `criminal 
investigator' includes a special agent occupying a position 
under title II of Public Law 99-399 if such special agent--
            ``(A) meets the definition of such term under 
        paragraph (2) of subsection (a) (applied disregarding 
        the parenthetical matter before subparagraph (A) 
        thereof); and
            ``(B) such special agent satisfies the requirements 
        of subsection (d) without taking into account any hours 
        described in paragraph (2)(B) thereof.
    ``(2) In applying subsection (h) with respect to a special 
agent under this subsection--
            ``(A) any reference in such subsection to `basic 
        pay' shall be considered to include amounts designated 
        as `salary';
            ``(B) paragraph (2)(A) of such subsection shall be 
        considered to include (in addition to the provisions of 
        law specified therein) sections 609(b)(1), 805, 806, 
        and 856 of the Foreign Service Act of 1980; and
            ``(C) paragraph (2)(B) of such subsection shall be 
        applied by substituting for `Office of Personnel 
        Management' the following: `Office of Personnel 
        Management or the Secretary of State (to the extent 
        that matters exclusively within the jurisdiction of the 
        Secretary are concerned)'.''.
    (b) Implementation.--Not later than the date on which the 
amendments made by this section take effect, each special agent 
of the Diplomatic Security Service who satisfies the 
requirements of subsection (k)(1) of section 5545a of title 5, 
United States Code, as amended by this section, and the 
appropriate supervisory officer, to be designated by the 
Secretary of State, shall make an initial certification to the 
Secretary of State that the special agent is expected to meet 
the requirements of subsection (d) of such section 5545a. The 
Secretary of State may prescribe procedures necessary to 
administer this subsection.
    (c) Technical and Conforming Amendments.--(1) Paragraph (2) 
of section 5545a(a) of title 5, United States Code, is amended 
(in the matter before subparagraph (A)) by striking ``Public 
Law 99-399)'' and inserting ``Public Law 99-399, subject to 
subsection (k))''.
    (2) Section 5542(e) of such title is amended by striking 
``title 18, United States Code,'' and inserting ``title 18 or 
section 37(a)(3) of the State Department Basic Authorities Act 
of 1956,''.
    (d) Effective Date.--The amendments made by this section 
shall take effect on the first day of the first applicable pay 
period--
            (1) which begins on or after the 90th day following 
        the date of the enactment of this Act; and
            (2) on which date all regulations necessary to 
        carry out such amendments are (in the judgment of the 
        Director of the Office of Personnel Management and the 
        Secretary of State) in effect.

SEC. 2317. NONOVERTIME DIFFERENTIAL PAY.

    Title 5 of the United States Code is amended--
            (1) in section 5544(a), by inserting after the 
        fourth sentence the following new sentence: ``For 
        employees serving outside the United States in areas 
        where Sunday is a routine workday and another day of 
        the week is officially recognized as the day of rest 
        and worship, the Secretary of State may designate the 
        officially recognized day of rest and worship as the 
        day with respect to which the preceding sentence shall 
        apply instead of Sunday.''; and
            (2) at the end of section 5546(a), by adding the 
        following new sentence: ``For employees serving outside 
        the United States in areas where Sunday is a routine 
        workday and another day of the week is officially 
        recognized as the day of rest and worship, the 
        Secretary of State may designate the officially 
        recognized day of rest and worship as the day with 
        respect to which the preceding sentence shall apply 
        instead of Sunday.''.

SEC. 2318. REPORT CONCERNING MINORITIES AND THE FOREIGN SERVICE.

    The Secretary of State shall during each of calendar years 
1998 and 1999 submit a report to the Congress concerning 
minorities and the Foreign Service officer corps. In addition 
to such other information as is relevant to this issue, the 
report shall include the following data for the last preceding 
examination and promotion cycles for which such information is 
available (reported in terms of real numbers and percentages 
and not as ratios):
            (1) The numbers and percentages of all minorities 
        taking the written Foreign Service examination.
            (2) The numbers and percentages of all minorities 
        successfully completing and passing the written Foreign 
        Service examination.
            (3) The numbers and percentages of all minorities 
        successfully completing and passing the oral Foreign 
        Service examination.
            (4) The numbers and percentages of all minorities 
        entering the junior officers class of the Foreign 
        Service.
            (5) The numbers and percentages of all minority 
        Foreign Service officers at each grade.
            (6) The numbers of and percentages of minorities 
        promoted at each grade of the Foreign Service officer 
        corps.

  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS

SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND 
                    CULTURAL EXCHANGE PROGRAMS.

    The following amounts are authorized to be appropriated to 
carry out international information activities and educational 
and cultural exchange programs under the United States 
Information and Educational Exchange Act of 1948, the Mutual 
Educational and Cultural Exchange Act of 1961, Reorganization 
Plan Number 2 of 1977, the United States International 
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, 
the Television Broadcasting to Cuba Act, the Board for 
International Broadcasting Act, the North/South Center Act of 
1991, and the National Endowment for Democracy Act, and to 
carry out other authorities in law consistent with such 
purposes:
            (1) International information programs.--For 
        ``International Information Programs'', $427,097,000 
        for the fiscal year 1998 and $455,246,000 for the 
        fiscal year 1999.
            (2) Technology fund.--For the ``Technology Fund'' 
        for the United States Information Agency, $5,050,000 
        for the fiscal year 1998 and $5,050,000 for the fiscal 
        year 1999.
            (3) Educational and cultural exchange programs.--
                    (A) Fulbright academic exchange programs.--
                            (i) Fulbright academic exchange 
                        programs.--There are authorized to be 
                        appropriated for the ``Fulbright 
                        Academic Exchange Programs'' (other 
                        than programs described in subparagraph 
                        (B)), $99,236,000 for the fiscal year 
                        1998 and $100,000,000 for the fiscal 
                        year 1999.
                            (ii) Vietnam fulbright academic 
                        exchange programs.--Of the amounts 
                        authorized to be appropriated under 
                        clause (i), $5,000,000 for the fiscal 
                        year 1998 and $5,000,000 for the fiscal 
                        year 1999 are authorized to be 
                        available for the Vietnam scholarship 
                        program established by section 229 of 
                        the Foreign Relations Authorization 
                        Act, Fiscal Years 1992 and 1993 (Public 
                        Law 102-138).
                    (B) Other educational and cultural exchange 
                programs.--
                            (i) In general.--There are 
                        authorized to be appropriated for other 
                        educational and cultural exchange 
                        programs authorized by law, 
                        $100,764,000 for the fiscal year 1998 
                        and $102,500,000 for the fiscal year 
                        1999.
                            (ii) South pacific exchanges.--Of 
                        the amounts authorized to be 
                        appropriated under clause (i), $500,000 
                        for the fiscal year 1998 and $500,000 
                        for the fiscal year 1999 are authorized 
                        to be available for ``South Pacific 
                        Exchanges''.
                            (iii) East timorese scholarships.--
                        Of the amounts authorized to be 
                        appropriated under clause (i), $500,000 
                        for the fiscal year 1998 and $500,000 
                        for the fiscal year 1999 are authorized 
                        to be available for ``East Timorese 
                        Scholarships''.
                            (iv) Tibetan exchanges.--Of the 
                        amounts authorized to be appropriated 
                        under clause (i), $500,000 for the 
                        fiscal year 1998 and $500,000 for the 
                        fiscal year 1999 are authorized to be 
                        available for ``Educational and 
                        Cultural Exchanges with Tibet'' under 
                        section 236 of the Foreign Relations 
                        Authorization Act, Fiscal Years 1994 
                        and 1995 (Public Law 103-236).
            (4) International broadcasting activities.--
                    (A) Authorization of appropriations.--For 
                ``International Broadcasting Activities'', 
                $340,315,000 for the fiscal year 1998, and 
                $340,365,000 for the fiscal year 1999.
                    (B) Allocation.--Of the amounts authorized 
                to be appropriated under subparagraph (A), the 
                Director of the United States Information 
                Agency and the Broadcasting Board of Governors 
                shall seek to ensure that the amounts made 
                available for broadcasting to nations whose 
                people do not fully enjoy freedom of expression 
                do not decline in proportion to the amounts 
                made available for broadcasting to other 
                nations.
            (5) Radio construction.--For ``Radio 
        Construction'', $40,000,000 for the fiscal year 1998, 
        and $13,245,000 for the fiscal year 1999.
            (6) Radio free asia.--For ``Radio Free Asia'', 
        $24,100,000 for the fiscal year 1998 and $22,000,000 
        for the fiscal year 1999, and an additional $8,000,000 
        in fiscal year 1998 for one-time capital costs.
            (7) Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $22,095,000 for the fiscal year 1998 and 
        $22,095,000 for the fiscal year 1999.
            (8) Center for cultural and technical interchange 
        between east and west.--For the ``Center for Cultural 
        and Technical Interchange between East and West'', not 
        more than $12,000,000 for the fiscal year 1998 and not 
        more than $12,500,000 for the fiscal year 1999.
            (9) National endowment for democracy.--For the 
        ``National Endowment for Democracy'', $30,000,000 for 
        the fiscal year 1998 and $31,000,000 for the fiscal 
        year 1999.
            (10) Center for cultural and technical interchange 
        between north and south.--For ``Center for Cultural and 
        Technical Interchange between North and South'' not 
        more than $1,500,000 for the fiscal year 1998 and not 
        more than $1,750,000 for the fiscal year 1999.

                 CHAPTER 2--AUTHORITIES AND ACTIVITIES

SEC. 2411. RETENTION OF INTEREST.

    Notwithstanding any other provision of law, with the 
approval of the National Endowment for Democracy, grant funds 
made available by the National Endowment for Democracy may be 
deposited in interest-bearing accounts pending disbursement, 
and any interest which accrues may be retained by the grantee 
without returning such interest to the Treasury of the United 
States and interest earned may be obligated and expended for 
the purposes for which the grant was made without further 
appropriation.

SEC. 2412. USE OF SELECTED PROGRAM FEES.

    Section 810 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended 
to read as follows:


                 ``use of english-teaching program fees


    ``Sec. 810. (a) In General.--Notwithstanding section 3302 
of title 31, United States Code, or any other law or limitation 
of authority, fees and receipts described in subsection (b) are 
authorized to be credited each fiscal year for authorized 
purposes to the appropriate appropriations of the United States 
Information Agency to such extent as may be provided in advance 
in appropriations acts.
    ``(b) Fees and Receipts Described.--The fees and receipts 
described in this subsection are fees and payments received by 
or for the use of the United States Information Agency from or 
in connection with--
            ``(1) English-teaching and library services,
            ``(2) educational advising and counseling,
            ``(3) Exchange Visitor Program Services,
            ``(4) advertising and business ventures of the 
        Voice of America and the International Broadcasting 
        Bureau,
            ``(5) cooperating international organizations, and
            ``(6) Agency-produced publications,
            ``(7) an amount not to exceed $100,000 of the 
        payments from motion picture and television programs 
        produced or conducted by or on behalf of the Agency 
        under the authority of this Act or the Mutual Education 
        and Cultural Exchange Act of 1961.''.

SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.

    (a) Guidelines.--Section 227(c)(5) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 
note) is amended by inserting ``journalism and communications, 
education administration, public policy, library and 
information science,'' after ``business administration,'' each 
of the two places it appears.
    (b) Redesignation of Soviet Union.--Section 227 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(22 U.S.C. 2452 note) is amended--
            (1) in subsections (a), (b), and (c)(5), by 
        striking ``Soviet Union'' each place it appears and 
        inserting ``independent states of the former Soviet 
        Union'';
            (2) in subsection (c)(11), by striking ``Soviet 
        republics'' and inserting ``independent states of the 
        former Soviet Union''; and
            (3) in the section heading, by inserting 
        ``INDEPENDENT STATES OF THE FORMER'' after ``FROM 
        THE''.

SEC. 2414. WORKING GROUP ON UNITED STATES GOVERNMENT-SPONSORED 
                    INTERNATIONAL EXCHANGES AND TRAINING.

    Section 112 of the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2460) is amended by adding at the end 
the following new subsection:
    ``(g) Working Group on United States Government Sponsored 
International Exchanges and Training.--(1) In order to carry 
out the purposes of subsection (f) and to improve the 
coordination, efficiency, and effectiveness of United States 
Government-sponsored international exchanges and training, 
there is established within the United States Information 
Agency a senior-level interagency working group to be known as 
the Working Group on United States Government-Sponsored 
International Exchanges and Training (in this section referred 
to as the `Working Group').
    ``(2) For purposes of this subsection, the term 
`Government-sponsored international exchanges and training' 
means the movement of people between countries to promote the 
sharing of ideas, to develop skills, and to foster mutual 
understanding and cooperation, financed wholly or in part, 
directly or indirectly, with United States Government funds.
    ``(3) The Working Group shall be composed as follows:
            ``(A) The Associate Director for Educational and 
        Cultural Affairs of the United States Information 
        Agency, who shall act as Chair.
            ``(B) A senior representative of the Department of 
        State, who shall be designated by the Secretary of 
        State.
            ``(C) A senior representative of the Department of 
        Defense, who shall be designated by the Secretary of 
        Defense.
            ``(D) A senior representative of the Department of 
        Education, who shall be designated by the Secretary of 
        Education.
            ``(E) A senior representative of the Department of 
        Justice, who shall be designated by the Attorney 
        General.
            ``(F) A senior representative of the Agency for 
        International Development, who shall be designated by 
        the Administrator of the Agency.
            ``(G) Senior representatives of such other 
        departments and agencies as the Chair determines to be 
        appropriate.
    ``(4) Representatives of the National Security Adviser and 
the Director of the Office of Management and Budget may 
participate in the Working Group at the discretion of the 
Adviser and the Director, respectively.
    ``(5) The Working Group shall be supported by an 
interagency staff office established in the Bureau of 
Educational and Cultural Affairs of the United States 
Information Agency.
    ``(6) The Working Group shall have the following purposes 
and responsibilities:
            ``(A) To collect, analyze, and report data provided 
        by all United States Government departments and 
        agencies conducting international exchanges and 
        training programs.
            ``(B) To promote greater understanding and 
        cooperation among concerned United States Government 
        departments and agencies of common issues and 
        challenges in conducting international exchanges and 
        training programs, including through the establishment 
        of a clearinghouse for information on international 
        exchange and training activities in the governmental 
        and nongovernmental sectors.
            ``(C) In order to achieve the most efficient and 
        cost-effective use of Federal resources, to identify 
        administrative and programmatic duplication and overlap 
        of activities by the various United States Government 
        departments and agencies involved in Government-
        sponsored international exchange and training programs, 
        to identify how each Government-sponsored international 
        exchange and training program promotes United States 
        foreign policy, and to report thereon.
            ``(D)(i) Not later than 1 year after the date of 
        the enactment of the Foreign Relations Authorization 
        Act, Fiscal Years 1998 and 1999, the Working Group 
        shall develop a coordinated and cost-effective strategy 
        for all United States Government-sponsored 
        international exchange and training programs, including 
        an action plan with the objective of achieving a 
        minimum of 10 percent cost savings through greater 
        efficiency, the consolidation of programs, or the 
        elimination of duplication, or any combination thereof.
            ``(ii) Not later than 1 year after the date of 
        enactment of the Foreign Relations Authorization Act, 
        Fiscal Years 1998 and 1999, the Working Group shall 
        submit a report to the appropriate congressional 
        committees setting forth the strategy and action plan 
        required by clause (i).
            ``(iii) Each year thereafter the Working Group 
        shall assess the strategy and plan required by clause 
        (i).
            ``(E) Not later than 2 years after the date of the 
        enactment of the Foreign Relations Authorization Act, 
        Fiscal Years 1998 and 1999, to develop recommendations 
        on common performance measures for all United States 
        Government-sponsored international exchange and 
        training programs, and to issue a report.
            ``(F) To conduct a survey of private sector 
        international exchange activities and develop 
        strategies for expanding public and private 
        partnerships in, and leveraging private sector support 
        for, United States Government-sponsored international 
        exchange and training activities.
            ``(G) Not later than 6 months after the date of the 
        enactment of the Foreign Relations Authorization Act, 
        Fiscal Years 1998 and 1999, to report on the 
        feasibility and advisability of transferring funds and 
        program management for the ATLAS or the Mandela Fellows 
        programs, or both, in South Africa from the Agency for 
        International Development to the United States 
        Information Agency. The report shall include an 
        assessment of the capabilities of the South African 
        Fulbright Commission to manage such programs and the 
        cost effects of consolidating such programs under one 
        entity.
    ``(7) All reports prepared by the Working Group shall be 
submitted to the President, through the Director of the United 
States Information Agency.
    ``(8) The Working Group shall meet at least on a quarterly 
basis.
    ``(9) All decisions of the Working Group shall be by 
majority vote of the members present and voting.
    ``(10) The members of the Working Group shall serve without 
additional compensation for their service on the Working Group. 
Any expenses incurred by a member of the Working Group in 
connection with service on the Working Group shall be 
compensated by that member's department or agency.
    ``(11) With respect to any report issued under paragraph 
(6), a member may submit dissenting views to be submitted as 
part of the report of the Working Group.''.

SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR 
                    TIBETANS AND BURMESE.

    (a) In General.--Section 103(b)(1) of the Human Rights, 
Refugee, and Other Foreign Relations Provisions Act of 1996 
(Public Law 104-319; 22 U.S.C. 2151 note) is amended--
            (1) by striking ``for fiscal year 1997'' and 
        inserting ``for the fiscal year 1999''; and
            (2) by inserting after ``who are outside Tibet'' 
        the following: ``(if practicable, including individuals 
        active in the preservation of Tibet's unique culture, 
        religion, and language)''.
    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on October 1, 1998.

SEC. 2416. SURROGATE BROADCASTING STUDY.

    Not later than 6 months after the date of enactment of this 
Act, the Broadcasting Board of Governors, acting through the 
International Broadcasting Bureau, should conduct and complete 
a study of the appropriateness, feasibility, and projected 
costs of providing surrogate broadcasting service to Africa and 
transmit the results of the study to the appropriate 
congressional committees.

SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

    (a) Radio Free Iran.--Not more than $2,000,000 of the funds 
made available under section 2401(a)(4) of this division for 
each of the fiscal years 1998 and 1999 for grants to RFE/RL, 
Incorporated, shall be available only for surrogate radio 
broadcasting by RFE/RL, Incorporated, to the Iranian people in 
the Farsi language, such broadcasts to be designated as ``Radio 
Free Iran''.
    (b) Report to Congress.--Not later than 60 days after the 
date of enactment of this Act, the Broadcasting Board of 
Governors of the United States Information Agency shall submit 
a detailed report to Congress describing the costs, 
implementation, and plans for creation of the surrogate 
broadcasting service described in subsection (a).
    (c) Availability of Funds.--None of the funds made 
available under subsection (a) may be made available until 
submission of the report required under subsection (b).

SEC. 2418. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS.

    The Director of the United States Information Agency is 
authorized to administer summer travel and work programs 
without regard to preplacement requirements.

SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING 
                    APPROPRIATIONS.

    Section 701(f) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended 
by striking paragraph (4).

SEC. 2420. VOICE OF AMERICA BROADCASTS.

    (a) In General.--The Voice of America shall devote 
programming each day to broadcasting information on the 
individual States of the United States. The broadcasts shall 
include--
            (1) information on the products, tourism, and 
        cultural and educational facilities of each State;
            (2) information on the potential for trade with 
        each State; and
            (3) discussions with State officials with respect 
        to the matters described in paragraphs (1) and (2).
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Broadcasting Board of Governors of 
the United States Information Agency shall submit a report to 
Congress detailing the actions that have been taken to carry 
out subsection (a).
    (c) State Defined.--In this section, the term ``State'' 
means any of the several States of the United States, the 
District of Columbia, or any commonwealth or territory of the 
United States.

    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES.

    There are authorized to be appropriated for ``International 
Conferences and Contingencies'', $6,537,000 for the fiscal year 
1998 and $16,223,000 for the fiscal year 1999 for the 
Department of State to carry out the authorities, functions, 
duties, and responsibilities in the conduct of the foreign 
affairs of the United States with respect to international 
conferences and contingencies and to carry out other 
authorities in law consistent with such purposes.

SEC. 2502. RESTRICTION RELATING TO UNITED STATES ACCESSION TO ANY NEW 
                    INTERNATIONAL CRIMINAL TRIBUNAL.

    (a) Prohibition.--The United States shall not become a 
party to any new international criminal tribunal, nor give 
legal effect to the jurisdiction of such a tribunal over any 
matter described in subsection (b), except pursuant to--
            (1) a treaty made under Article II, section 2, 
        clause 2 of the Constitution of the United States on or 
        after the date of enactment of this Act; or
            (2) any statute enacted by Congress on or after the 
        date of enactment of this Act.
    (b) Jurisdiction Described.--The jurisdiction described in 
this section is jurisdiction over--
            (1) persons found, property located, or acts or 
        omissions committed, within the territory of the United 
        States; or
            (2) nationals of the United States, wherever found.
    (c) Statutory Construction.--Nothing in this section 
precludes sharing information, expertise, or other forms of 
assistance with such tribunal.
    (d) Definition.--The term ``new international criminal 
tribunal'' means any permanent international criminal tribunal 
established on or after the date of enactment of this Act and 
does not include--
            (1) the International Tribunal for the Prosecution 
        of Persons Responsible for Serious Violations of 
        International Humanitarian Law in the Territory of the 
        Former Yugoslavia, as established by United Nations 
        Security Council Resolution 827 of May 25, 1993; or
            (2) the International Tribunal for the Prosecution 
        of Persons Responsible for Genocide and Other Serious 
        Violations of International Humanitarian Law Committed 
        in the Territory of Rwanda and Rwandan Citizens 
        Responsible for Genocide and Other Such Violations 
        Committed in the Territory of Neighboring States, as 
        established by United Nations Security Council 
        Resolution 955 of November 8, 1994.

SEC. 2503. UNITED STATES MEMBERSHIP IN THE BUREAU OF THE 
                    INTERPARLIAMENTARY UNION.

    (a) Interparliamentary Union Limitation.--Unless the 
Secretary of State certifies to Congress that the United States 
will be assessed not more than $500,000 for its annual 
contribution to the Bureau of the Interparliamentary Union 
during fiscal year 1999, then effective October 1, 1999, the 
authority for further participation by the United States in the 
Bureau shall terminate in accordance with subsection (d).
    (b) Elimination of Authority To Pay Expenses of the 
American Group.--Section 1 of the Act entitled ``An Act to 
authorize participation by the United States in the 
Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 
276) is amended--
            (1) in the first sentence--
                    (A) by striking ``fiscal year'' and all 
                that follows through ``(1) for'' and inserting 
                ``fiscal year for'';
                    (B) by striking ``; and''; and
                    (C) by striking paragraph (2); and
            (2) by striking the second sentence.
    (c) Elimination of Permanent Appropriation.--Section 303 of 
the Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1988 (as contained in 
section 101(a) of the Continuing Appropriations Act, 1988 
(Public Law 100-202; 22 U.S.C. 276 note)) is amended--
            (1) by striking ``$440,000'' and inserting 
        ``$350,000''; and
            (2) by striking ``paragraph (2) of the first 
        section of Public Law 74-170,''.
    (d) Conditional Termination of Authority.--Unless Congress 
receives the certification described in subsection (a) before 
October 1, 1999, effective on that date the Act entitled ``An 
Act to authorize participation by the United States in the 
Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 
276-276a-4) is repealed.
    (e) Transfer of Funds to the Treasury.--Unobligated 
balances of appropriations made under section 303 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act 1988 (as contained in 
section 101(a) of the Continuing Appropriations Act, 1988; 
Public Law 100-202) that are available as of the day before the 
date of enactment of this Act shall be transferred on such date 
to the general fund of the Treasury of the United States.

SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Section 3582(b) of title 5, United States 
Code, is amended by striking all after the first sentence and 
inserting the following: ``On reemployment, an employee 
entitled to the benefits of subsection (a) is entitled to the 
rate of basic pay to which the employee would have been 
entitled had the employee remained in the civil service. On 
reemployment, the agency shall restore the sick leave account 
of the employee, by credit or charge, to its status at the time 
of transfer. The period of separation caused by the employment 
of the employee with the international organization and the 
period necessary to effect reemployment are deemed creditable 
service for all appropriate civil service employment purposes. 
This subsection does not apply to a congressional employee.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to transfers that take effect on or 
after the date of enactment of this Act.

SEC. 2505. REPORTS REGARDING FOREIGN TRAVEL.

    (a) Prohibition.--Except as provided in subsection (e), 
none of the funds authorized to be appropriated by this 
division for fiscal year 1999 may be used to pay for the 
expenses of foreign travel by an officer or employee of an 
Executive branch agency to attend an international conference, 
or for the routine services that a United States diplomatic 
mission or consular post provides in support of foreign travel 
by such an officer or employee to attend an international 
conference, unless that officer or employee has submitted a 
preliminary report with respect to that foreign travel in 
accordance with subsection (b), and has not previously failed 
to submit a final report with respect to foreign travel to 
attend an international conference required by subsection (c).
    (b) Preliminary Reports.--A preliminary report referred to 
in subsection (a) is a report by an officer or employee of an 
Executive branch agency with respect to proposed foreign travel 
to attend an international conference, submitted to the 
Director prior to commencement of the travel, setting forth--
            (1) the name and employing agency of the officer or 
        employee;
            (2) the name of the official who authorized the 
        travel; and
            (3) the purpose and duration of the travel.
    (c) Final Reports.--A final report referred to in 
subsection (a) is a report by an officer or employee of an 
Executive branch agency with respect to foreign travel to 
attend an international conference, submitted to the Director 
not later than 30 days after the conclusion of the travel--
            (1) setting forth the actual duration and cost of 
        the travel; and
            (2) updating any other information included in the 
        preliminary report.
    (d) Report to Congress.--The Director shall submit a report 
not later than April 1, 1999, to the Committees on Foreign 
Relations and Appropriations of the Senate and the Committees 
on International Relations and Appropriations of the House of 
Representatives, setting forth with respect to each 
international conference for which reports described in 
subsection (c) were required to be submitted to the Director 
during the preceding six months--
            (1) the names and employing agencies of all 
        officers and employees of Executive branch agencies who 
        attended the international conference;
            (2) the names of all officials who authorized 
        travel to the international conference, and the total 
        number of officers and employees who were authorized to 
        travel to the conference by each such official; and
            (3) the total cost of travel by officers and 
        employees of Executive branch agencies to the 
        international conference.
    (e) Exceptions.--This section shall not apply to travel 
by--
            (1) the President or the Vice President;
            (2) any officer or employee who is carrying out an 
        intelligence or intelligence-related activity, who is 
        performing a protective function, or who is engaged in 
        a sensitive diplomatic mission; or
            (3) any officer or employee who travels prior to 
        January 1, 1999.
    (f) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the 
        Director of the Office of International Conferences of 
        the Department of State.
            (2) Executive branch agency.--The terms ``Executive 
        branch agency'' and ``Executive branch agencies'' 
        mean--
                    (A) an entity or entities, other than the 
                General Accounting Office, defined in section 
                105 of title 5, United States Code; and
                    (B) the Executive Office of the President 
                (except as provided in subsection (e)).
            (3) International conference.--The term 
        ``international conference'' means any meeting held 
        under the auspices of an international organization or 
        foreign government, at which representatives of more 
        than two foreign governments are expected to be in 
        attendance, and to which United States Executive branch 
        agencies will send a total of ten or more 
        representatives.
    (g) Report.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the President 
shall submit to the appropriate congressional committees a 
report describing--
            (1) the total Federal expenditure of all official 
        international travel in each Executive branch agency 
        during the previous fiscal year; and
            (2) the total number of individuals in each agency 
        who engaged in such travel.

     TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the 
purposes of the Arms Control and Disarmament Act $41,500,000 
for the fiscal year 1999.

SEC. 2602. STATUTORY CONSTRUCTION.

    Section 303 of the Arms Control and Disarmament Act (22 
U.S.C. 2573), as redesignated by section 2223 of this division, 
is amended by adding at the end the following new subsection:
    ``(c) Statutory Construction.--Nothing contained in this 
chapter shall be construed to authorize any policy or action by 
any Government agency which would interfere with, restrict, or 
prohibit the acquisition, possession, or use of firearms by an 
individual for the lawful purpose of personal defense, sport, 
recreation, education, or training.''.

               TITLE XXVII--EUROPEAN SECURITY ACT OF 1998

SEC. 2701. SHORT TITLE.

    This title may be cited as the ``European Security Act of 
1998''.

SEC. 2702. STATEMENT OF POLICY.

    (a) Policy With Respect to NATO Enlargement.--Congress 
urges the President to outline a clear and complete strategic 
rationale for the enlargement of the North Atlantic Treaty 
Organization (NATO), and declares that--
            (1) Poland, Hungary, and the Czech Republic should 
        not be the last emerging democracies in Central and 
        Eastern Europe invited to join NATO;
            (2) the United States should ensure that NATO 
        continues a process whereby all other emerging 
        democracies in Central and Eastern Europe that wish to 
        join NATO will be considered for membership in NATO as 
        soon as they meet the criteria for such membership;
            (3) the United States should ensure that no 
        limitations are placed on the numbers of NATO troops or 
        types of equipment, including tactical nuclear weapons, 
        to be deployed on the territory of new member states;
            (4) the United States should reject all efforts to 
        condition NATO decisions on review or approval by the 
        United Nations Security Council;
            (5) the United States should clearly delineate 
        those NATO deliberations, including but not limited to 
        discussions on arms control, further Alliance 
        enlargement, procurement matters, and strategic 
        doctrine, that are not subject to review or discussion 
        in the NATO-Russia Permanent Joint Council;
            (6) the United States should work to ensure that 
        countries invited to join the Alliance are provided an 
        immediate seat in NATO discussions; and
            (7) the United States already pays more than a 
        proportionate share of the costs of the common defense 
        of Europe and should obtain, in advance, agreement on 
        an equitable distribution of the cost of NATO 
        enlargement to ensure that the United States does not 
        continue to bear a disproportionate burden.
    (b) Policy With Respect to Negotiations With Russia.--
            (1) Implementation.--NATO enlargement should be 
        carried out in such a manner as to underscore the 
        Alliance's defensive nature and demonstrate to Russia 
        that NATO enlargement will enhance the security of all 
        countries in Europe, including Russia. Accordingly, the 
        United States and its NATO allies should make this 
        intention clear in negotiations with Russia, including 
        negotiations regarding adaptation of the Conventional 
        Armed Forces in Europe (CFE) Treaty of November 19, 
        1990.
            (2) Limitations on commitments to russia.--In 
        seeking to demonstrate to Russia NATO's defensive and 
        security-enhancing intentions, it is essential that 
        neither fundamental United States security interests in 
        Europe nor the effectiveness and flexibility of NATO as 
        a defensive alliance be jeopardized. In particular, no 
        commitments should be made to Russia that would have 
        the effect of--
                    (A) extending rights or imposing 
                responsibilities on new NATO members different 
                from those applicable to current NATO members, 
                including rights or responsibilities with 
                respect to the deployment of nuclear weapons 
                and the stationing of troops and equipment from 
                other NATO members;
                    (B) limiting the ability of NATO to defend 
                the territory of new NATO members by, for 
                example, restricting the construction of 
                defense infrastructure or limiting the ability 
                of NATO to deploy necessary reinforcements;
                    (C) providing any international 
                organization, or any country that is not a 
                member of NATO, with authority to delay, veto, 
                or otherwise impede deliberations and decisions 
                of the North Atlantic Council or the 
                implementation of such decisions, including 
                deliberations and decisions with respect to the 
                deployment of NATO forces or the admission of 
                additional members to NATO;
                    (D) impeding the development of enhanced 
                relations between NATO and other European 
                countries that do not belong to the Alliance;
                    (E) establishing a nuclear weapons-free 
                zone in Central or Eastern Europe;
                    (F) requiring NATO to subsidize Russian 
                arms sales, service, or support to the 
                militaries of those former Warsaw Pact 
                countries invited to join the Alliance; or
                    (G) legitimizing Russian efforts to link 
                concessions in arms control negotiations to 
                NATO enlargement.
            (3) Commitments from russia.--In order to enhance 
        security and stability in Europe, the United States 
        should seek commitments from Russia--
                    (A) to demarcate and respect all its 
                borders with neighboring states;
                    (B) to achieve the immediate and complete 
                withdrawal of any armed forces and military 
                equipment under the control of Russia that are 
                deployed on the territories of the independent 
                states of the former Soviet Union without the 
                full and complete agreement of those states;
                    (C) to station its armed forces on the 
                territory of other states only with the full 
                and complete agreement of that state and in 
                strict accordance with international law; and
                    (D) to take steps to reduce further its 
                nuclear and conventional forces in Kaliningrad.
            (4) Consultations.--As negotiations on adaptation 
        of the Treaty on Conventional Armed Forces in Europe 
        proceed, the United States should engage in close and 
        continuous consultations not only with its NATO allies, 
        but also with the emerging democracies of Central and 
        Eastern Europe, Ukraine, and the South Caucasus.
    (c) Policy With Respect to Ballistic Missile Defense 
Cooperation.--
            (1) In general.--As the United States proceeds with 
        efforts to develop defenses against ballistic missile 
        attack, it should seek to foster a climate of 
        cooperation with Russia on matters related to missile 
        defense. In particular, the United States and its NATO 
        allies should seek to cooperate with Russia in such 
        areas as early warning.
            (2) Discussions with nato allies.--The United 
        States should initiate discussions with its NATO allies 
        for the purpose of examining the feasibility of 
        deploying a ballistic missile defense capable of 
        protecting NATO's southern and eastern flanks from a 
        limited ballistic missile attack.
            (3) Constitutional prerogatives.--Even as the 
        Congress seeks to promote ballistic missile defense 
        cooperation with Russia, it must insist on its 
        constitutional prerogatives regarding consideration of 
        arms control agreements with Russia that bear on 
        ballistic missile defense.

SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.

    (a) Policy of Section.--This section is enacted in order to 
implement the policy set forth in section 2702(a).
    (b) Designation of Additional Countries Eligible for NATO 
Enlargement Assistance.--
            (1) Designation of additional countries.--Romania, 
        Estonia, Latvia, Lithuania, and Bulgaria are each 
        designated as eligible to receive assistance under the 
        program established under section 203(a) of the NATO 
        Participation Act of 1994 (22 U.S.C. 1928 note) and 
        shall be deemed to have been so designated pursuant to 
        section 203(d)(1) of such Act.
            (2) Rule of construction.--The designation of 
        countries pursuant to paragraph (1) as eligible to 
        receive assistance under the program established under 
        section 203(a) of the NATO Participation Act of 1994--
                    (A) is in addition to the designation of 
                other countries by law or pursuant to section 
                203(d)(2) of such Act as eligible to receive 
                assistance under the program established under 
                section 203(a) of such Act; and
                    (B) shall not preclude the designation by 
                the President of other emerging democracies in 
                Central and Eastern Europe pursuant to section 
                203(d)(2) of such Act as eligible to receive 
                assistance under the program established under 
                section 203(a) of such Act.
            (3) Sense of congress.--It is the sense of Congress 
        that Romania, Estonia, Latvia, Lithuania, and 
        Bulgaria--
                    (A) are to be commended for their progress 
                toward political and economic reform and 
                meeting the guidelines for prospective NATO 
                members;
                    (B) would make an outstanding contribution 
                to furthering the goals of NATO and enhancing 
                stability, freedom, and peace in Europe should 
                they become NATO members; and
                    (C) upon complete satisfaction of all 
                relevant criteria should be invited to become 
                full NATO members at the earliest possible 
                date.
    (c) Regional Airspace Initiative and Partnership for Peace 
Information Management System.--
            (1) In general.--Funds described in paragraph (2) 
        are authorized to be made available to support the 
        implementation of the Regional Airspace Initiative and 
        the Partnership for Peace Information Management 
        System, including--
                    (A) the procurement of items in support of 
                these programs; and
                    (B) the transfer of such items to countries 
                participating in these programs.
            (2) Funds described.--Funds described in this 
        paragraph are funds that are available--
                    (A) during any fiscal year under the NATO 
                Participation Act of 1994 with respect to 
                countries eligible for assistance under that 
                Act; or
                    (B) during fiscal year 1998 under any Act 
                to carry out the Warsaw Initiative.
    (d) Extension of Authority Regarding Excess Defense 
Articles.--Section 105 of Public Law 104-164 (110 Stat. 1427) 
is amended by striking ``1996 and 1997'' and inserting ``1997, 
1998, and 1999''.
    (e) Conforming Amendments to the NATO Participation Act of 
1994.--Section 203(c) of the NATO Participation Act of 1994 (22 
U.S.C. 1928 note) is amended--
            (1) in paragraph (1), by striking ``, without 
        regard to the restrictions'' and all that follows 
        through ``section)'';
            (2) by striking paragraph (2);
            (3) in paragraph (6), by striking ``appropriated 
        under the `Nonproliferation and Disarmament Fund' 
        account'' and inserting ``made available for the 
        `Nonproliferation and Disarmament Fund' ''; and
            (4) in paragraph (8)--
                    (A) by striking ``any restrictions in 
                sections 516 and 519'' and inserting ``section 
                516(e)'';
                    (B) by striking ``as amended,''; and
                    (C) by striking ``paragraphs (1) and (2)'' 
                and inserting ``paragraph (1)''; and
            (5) by redesignating paragraphs (3) through (8) as 
        paragraphs (2) through (7), respectively.

SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL 
                    ARMED FORCES IN EUROPE.

    It is the sense of Congress that no revisions to the Treaty 
on Conventional Armed Forces in Europe will be approved for 
entry into force with respect to the United States that 
jeopardize fundamental United States security interests in 
Europe or the effectiveness and flexibility of NATO as a 
defensive alliance by--
            (1) extending rights or imposing responsibilities 
        on new NATO members different from those applicable to 
        current NATO members, including rights or 
        responsibilities with respect to the deployment of 
        nuclear weapons and the stationing of troops and 
        equipment from other NATO members;
            (2) limiting the ability of NATO to defend the 
        territory of new NATO members by, for example, 
        restricting the construction of defense infrastructure 
        or limiting the ability of NATO to deploy necessary 
        reinforcements;
            (3) providing any international organization, or 
        any country that is not a member of NATO, with the 
        authority to delay, veto, or otherwise impede 
        deliberations and decisions of the North Atlantic 
        Council or the implementation of such decisions, 
        including deliberations and decisions with respect to 
        the deployment of NATO forces or the admission of 
        additional members to NATO; or
            (4) impeding the development of enhanced relations 
        between NATO and other European countries that do not 
        belong to the Alliance.

SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE 
                    DEFENSE.

    (a) Policy of Section.--This section is enacted in order to 
implement the policy set forth in section 2702(c).
    (b) Restriction on Entry Into Force of ABM/TMD Demarcation 
Agreements.--An ABM/TMD demarcation agreement shall not be 
binding on the United States, and shall not enter into force 
with respect to the United States, unless, after the date of 
enactment of this Act, that agreement is specifically approved 
with the advice and consent of the United States Senate 
pursuant to Article II, section 2, clause 2 of the 
Constitution.
    (c) Sense of Congress With Respect to Demarcation 
Agreements.--
            (1) Relationship to multilateralization of abm 
        treaty.--It is the sense of Congress that no ABM/TMD 
        demarcation agreement will be considered for advice and 
        consent to ratification unless, consistent with the 
        certification of the President pursuant to condition 
        (9) of the resolution of ratification of the CFE Flank 
        Document, the President submits for Senate advice and 
        consent to ratification any agreement, arrangement, or 
        understanding that would--
                    (A) add one or more countries as State 
                Parties to the ABM Treaty, or otherwise convert 
                the ABM Treaty from a bilateral treaty to a 
                multilateral treaty; or
                    (B) change the geographic scope or coverage 
                of the ABM Treaty, or otherwise modify the 
                meaning of the term ``national territory'' 
asused in Article VI and Article IX of the ABM Treaty.
            (2) Preservation of united states theater ballistic 
        missile defense potential.--It is the sense of Congress 
        that no ABM/TMD demarcation agreement that would reduce 
        the capabilities of United States theater missile 
        defense systems, or the numbers or deployment patterns 
        of such systems, will be approved for entry into force 
        with respect to the United States.
    (d) Report on Cooperative Projects With Russia.--Not later 
than January 1, 1999, and January 1, 2000, the President shall 
submit to the Committees on International Relations, National 
Security, and Appropriations of the House of Representatives 
and the Committees on Foreign Relations, Armed Services, and 
Appropriations of the Senate a report on cooperative projects 
with Russia in the area of ballistic missile defense, including 
in the area of early warning. Each such report shall include 
the following:
            (1) Cooperative projects.--A description of all 
        cooperative projects conducted in the area of early 
        warning and ballistic missile defense during the 
        preceding fiscal year and the fiscal year during which 
        the report is submitted.
            (2) Funding.--A description of the funding for such 
        projects during the preceding fiscal year and the year 
        during which the report is submitted and the proposed 
        funding for such projects for the next fiscal year.
            (3) Status of dialogue or discussions.--A 
        description of the status of any dialogue or 
        discussions conducted during the preceding fiscal year 
        between the United States and Russia aimed at exploring 
        the potential for mutual accommodation of outstanding 
        issues between the two nations on matters relating to 
        ballistic missile defense and the ABM Treaty, including 
        the possibility of developing a strategic relationship 
        not based on mutual nuclear threats.
    (e) Definitions.--In this section:
            (1) ABM/TMD demarcation agreement.--The term ``ABM/
        TMD demarcation agreement'' means any agreement that 
        establishes a demarcation between theater ballistic 
        missile defense systems and strategic antiballistic 
        missile defense systems for purposes of the ABM Treaty.
            (2) ABM treaty.--The term ``ABM Treaty'' means the 
        Treaty Between the United States of America and the 
        Union of Soviet Socialist Republics on the Limitation 
        of Anti-Ballistic Missile Systems, signed at Moscow on 
        May 26, 1972 (23 UST 3435), and includes the Protocols 
        to that Treaty, signed at Moscow on July 3, 1974 (27 
        UST 1645).

             TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS

SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE 
                    GOVERNMENT OF SAUDI ARABIA.

    (a) In General.--Not later than 90 days after the date of 
the enactment of this Act and every 180 days thereafter, the 
Secretary of State, after consultation with the Secretary of 
Defense and the Secretary of Commerce, shall submit a report to 
the appropriate congressional committees on specific actions 
taken by the Department of State, the Department of Defense, 
and the Department of Commerce toward progress in resolving the 
commercial disputes between United States firms and the 
Government of Saudi Arabia that are described in the June 30, 
1993, report by the Secretary of Defense pursuant to section 
9140(c) of the Department of Defense Appropriations Act, 1993 
(Public Law 102-396), including the additional claims noticed 
by the Department of Commerce on page 2 of that report.
    (b) Termination.--Subsection (a) shall cease to have effect 
on the earlier of--
            (1) the date of submission of the third report 
        under that subsection; or
            (2) the date that the Secretary of State, after 
        consultation with the Secretary of Defense and the 
        Secretary of Commerce, certifies in writing to the 
        appropriate congressional committees that the 
        commercial disputes referred to in subsection (a) have 
        been resolved satisfactorily.

SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERTAD 
                    ACT.

    (a) Reports Required.--Not later than 30 days after the 
date of the enactment of this Act and every 3 months thereafter 
during the period ending September 30, 1999, the Secretary of 
State shall submit to the appropriate congressional committees 
a report on the implementation of section 401 of the Cuban 
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
U.S.C. 6091). Each report shall include--
            (1) an unclassified list, by economic sector, of 
        the number of entities then under review pursuant to 
        that section;
            (2) an unclassified list of all entities and a 
        classified list of all individuals that the Secretary 
        of State has determined to be subject to that section;
            (3) an unclassified list of all entities and a 
        classified list of all individuals that the Secretary 
        of State has determined are no longer subject to that 
        section;
            (4) an explanation of the status of the review 
        underway for the cases referred to in paragraph (1); 
        and
            (5) an unclassified explanation of each 
        determination of the Secretary of State under section 
        401(a) of that Act and each finding of the Secretary 
        under section 401(c) of that Act--
                    (A) since the date of the enactment of this 
                Act, in the case of the first report under this 
                subsection; and
                    (B) in the preceding 3-month period, in the 
                case of each subsequent report.
    (b) Protection of Identity of Concerned Entities.--In 
preparing the report under subsection (a), the names of 
entities shall not be identified under paragraph (1) or (4).

SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON 
                    INTERNATIONAL CHILD ABDUCTION.

    (a) In General.--Beginning 6 months after the date of the 
enactment of this Act and every 12 months thereafter during the 
period ending September 30, 1999, the Secretary of State shall 
submit a report to the appropriate congressional committees on 
the compliance with the provisions of the Convention on the 
Civil Aspects of International Child Abduction, done at The 
Hague on October 25, 1980, by the signatory countries of the 
Convention. Each such report shall include the following 
information:
            (1) The number of applications for the return of 
        children submitted by United States citizens to the 
        Central Authority for the United States that remain 
        unresolved more than 18 months after the date of 
        filing.
            (2) A list of the countries to which children in 
        unresolved applications described in paragraph (1) are 
        alleged to have been abducted.
            (3) A list of the countries that have demonstrated 
        a pattern of noncompliance with the obligations of the 
        Convention with respect to applications for the return 
        of children submitted by United States citizens to the 
        Central Authority for the United States.
            (4) Detailed information on each unresolved case 
        described in paragraph (1) and on actions taken by the 
        Department of State to resolve each such case.
            (5) Information on efforts by the Department of 
        State to encourage other countries to become 
        signatories of the Convention.
    (b) Definition.--In this section, the term ``Central 
Authority for the United States'' has the meaning given the 
term in Article 6 of the Convention on the Civil Aspects of 
International Child Abduction, done at The Hague on October 25, 
1980.

SEC. 2804. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE ECUMENICAL 
                    PATRIARCHATE BY THE GOVERNMENT OF TURKEY.

    It is the sense of Congress that the United States should 
use its influence with the Government of Turkey to suggest that 
the Government of Turkey--
            (1) recognize the Ecumenical Patriarchate and its 
        nonpolitical, religious mission;
            (2) ensure the continued maintenance of the 
        institution's physical security needs, as provided for 
        under Turkish and international law, including the 
        Treaty of Lausanne, the 1968 Protocol, the Helsinki 
        Final Act (1975), and the Charter of Paris;
            (3) provide for the proper protection and safety of 
        the Ecumenical Patriarch and Patriarchate personnel; 
        and
            (4) reopen the Ecumenical Patriarchate's Halki 
        Patriarchal School of Theology.

SEC. 2805. REPORT ON RELATIONS WITH VIETNAM.

    In order to provide Congress with the necessary information 
by which to evaluate the relationship between the United States 
and Vietnam, the Secretary of State shall submit a report to 
the appropriate congressional committees, not later than 90 
days after the date of enactment of this Act and every 180 days 
thereafter during the period ending September 30, 1999, on the 
extent to which--
            (1) the Government of the Socialist Republic of 
        Vietnam is cooperating with the United States in 
        providing the fullest possible accounting of all 
        unresolved cases of prisoners of war (POWs) or persons 
        missing-in-action (MIAs) through the provision of 
        records and the unilateral and joint recovery and 
        repatriation of American remains;
            (2) the Government of the Socialist Republic of 
        Vietnam has made progress toward the release of all 
        political and religious prisoners, including Catholic, 
        Protestant, and Buddhist clergy;
            (3) the Government of the Socialist Republic of 
        Vietnam is cooperating with requests by the United 
        States to obtain full and free access to persons of 
        humanitarian interest to the United States for 
        interviews under the Orderly Departure (ODP) and 
        Resettlement Opportunities for Vietnamese Refugees 
        (ROVR) programs, and in providing exit visas for such 
        persons;
            (4) the Government of the Socialist Republic of 
        Vietnam has taken vigorous action to end extortion, 
        bribery, and other corrupt practices in connection with 
        such exit visas; and
            (5) the Government of the United States is making 
        vigorous efforts to interview and resettle former 
        reeducation camp victims, their immediate families 
        including unmarried sons and daughters, former United 
        States Government employees, and other persons eligible 
        for the ODP program, and to give such persons the full 
        benefit of all applicable United States laws including 
        sections 599D and 599E of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act of 1990 (Public Law 101-167).

SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN 
                    LAOS.

    Not later than 180 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to the 
appropriate congressional committees on the allegations of 
persecution and abuse of the Hmong and Laotianrefugees who have 
returned to Laos. The report shall include the following:
            (1) A full investigation, including full 
        documentation of individual cases of persecution, of 
        the Lao Government's treatment of Hmong and Laotian 
        refugees who have returned to Laos.
            (2) The steps the Department of State will take to 
        continue to monitor any systematic human rights 
        violations by the Government of Laos.
            (3) The actions which the Department of State will 
        take to seek to ensure the cessation of human rights 
        violations.

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

    (a) Sense of Congress on Discussions for Alliance.--
            (1) Sense of congress.--It is the sense of Congress 
        that the President should discuss with the 
        democratically-elected governments of the Western 
        Hemisphere, the prospect of forming a multilateral 
        alliance to address problems relating to international 
        drug trafficking in the Western Hemisphere.
            (2) Consultations.--In the consultations on the 
        prospect of forming an alliance described in paragraph 
        (1), the President should seek the input of such 
        governments on the possibility of forming one or more 
        structures within the alliance--
                    (A) to develop a regional, multilateral 
                strategy to address the threat posed to nations 
                in the Western Hemisphere by drug trafficking; 
                and
                    (B) to establish a new mechanism for 
                improving multilateral coordination of drug 
                interdiction and drug-related law enforcement 
                activities in the Western Hemisphere.
    (b) Report.--
            (1) Requirement.--Not later than 60 days after the 
        date of enactment of this Act, the President shall 
        submit to Congress a report on the proposal discussed 
        under subsection (a). The report shall include the 
        following:
                    (A) An analysis of the reactions of the 
                governments concerned to the proposal.
                    (B) An assessment of the proposal, 
                including an evaluation of the feasibility and 
                advisability of forming the alliance.
                    (C) A determination in light of the 
                analysis and assessment whether or not the 
                formation of the alliance is in the national 
                interests of the United States.
                    (D) If the President determines that the 
                formation of the alliance is in the national 
                interests of the United States, a plan for 
                encouraging and facilitating the formation of 
                the alliance.
                    (E) If the President determines that the 
                formation of the alliance is not in the 
                national interests of the United States, an 
                alternative proposal to improve significantly 
                efforts against the threats posed by narcotics 
                trafficking in the Western Hemisphere, 
                including an explanation of how the alternative 
                proposal will--
                            (i) improve upon current 
                        cooperation and coordination of 
                        counter-drug efforts among nations in 
                        the Western Hemisphere;
                            (ii) provide for the allocation of 
                        the resources required to make 
                        significant progress in disrupting and 
                        disbanding the criminal organizations 
                        responsible for the trafficking of 
                        illegal drugs in the Western 
                        Hemisphere; and
                            (iii) differ from and improve upon 
                        past strategies adopted by the United 
                        States Government which have failed to 
                        make sufficient progress against the 
                        trafficking of illegal drugs in the 
                        Western Hemisphere.
            (2) Unclassified form.--The report under paragraph 
        (1) shall be submitted in unclassified form, but may 
        contain a classified annex.

SEC. 2808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF TAIWAN TO 
                    THE WORLD TRADE ORGANIZATION.

    (a) Findings.--The Congress makes the following findings:
            (1) The people of the United States and the people 
        of the Republic of China on Taiwan have long enjoyed 
        extensive ties.
            (2) Taiwan is currently the 8th largest trading 
        partner of the United States.
            (3) The executive branch of Government has 
        committed publicly to support Taiwan's bid to join the 
        World Trade Organization and has declared that the 
        United States will not oppose this bid solely on the 
        grounds that the People's Republic of China, which also 
        seeks membership in the World Trade Organization, is 
        not yet eligible because of its unacceptable trade 
        practices.
            (4) The United States and Taiwan have concluded 
        discussions on a variety of outstanding trade issues 
        that remain unresolved with the People's Republic of 
        China and that are necessary for the United States to 
        support Taiwan's membership in the World Trade 
        Organization.
            (5) The reversion of control over Hong Kong--a 
        member of the World Trade Organization--to the People's 
        Republic of China in many respects affords to the 
        People's Republic of China the practical benefit of 
        membership in the World Trade Organization for a 
        substantial portion of its trade in goods despite the 
        fact that the trade practices of the People's Republic 
        of China currently fall far short of what the United 
        States expects for membership in the World Trade 
        Organization.
            (6) The executive branch of Government has 
        announced its interest in the admission of the People's 
        Republic of China to the World Trade Organization; the 
        fundamental sense of fairness of the people of the 
        United States warrants the United States Government's 
        support for Taiwan's relatively more meritorious 
        application for membership in the World Trade 
        Organization.
            (7) Despite having made significant progress in 
        negotiations for its accession to the World Trade 
        Organization, Taiwan has yet to offer acceptable terms 
        of accession in agricultural and certain other market 
        sectors.
            (8) It is in the economic interest of United States 
        consumers and exporters for Taiwan to complete those 
        requirements for accession to the World Trade 
        Organization at the earliest possible moment.
    (b) Congressional Statement.--The Congress favors public 
support by officials of the Department of State for the 
accession of Taiwan to the World Trade Organization.

SEC. 2809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY 
                    AGENCY IN CUBA.

    (a) Withholding of United States Proportional Share of 
Assistance.--Section 307(c) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2227(c)) is amended--
            (1) by striking ``The limitations'' and inserting 
        ``(1) Subject to paragraph (2), the limitations''; and
            (2) by adding at the end the following:
    ``(2)(A) Except as provided in subparagraph (B), with 
respect to funds authorized to be appropriated by this chapter 
and available for the International Atomic Energy Agency, the 
limitations of subsection (a) shall apply to programs or 
projects of such Agency in Cuba.
    ``(B)(i) Subparagraph (A) shall not apply with respect to 
programs or projects of the International Atomic Energy Agency 
that provide for the discontinuation, dismantling, or safety 
inspection of nuclear facilities or related materials, or for 
inspections and similar activities designed to prevent the 
development of nuclear weapons by a country described in 
subsection (a).
    ``(ii) Clause (i) shall not apply with respect to the 
Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro 
Pi Nuclear Research Center unless Cuba--
            ``(I) ratifies the Treaty on the Non-Proliferation 
        of Nuclear Weapons (21 UST 483) or the Treaty for the 
        Prohibition of Nuclear Weapons in Latin America 
        (commonly known as the Treaty of Tlatelolco);
            ``(II) negotiates full-scope safeguards of the 
        International Atomic Energy Agency not later than two 
        years after ratification by Cuba of such Treaty; and
            ``(III) incorporates internationally accepted 
        nuclear safety standards.''.
    (b) Opposition to Certain Programs or Projects.--The 
Secretary of State shall direct the United States 
representative to the International Atomic Energy Agency to 
oppose the following:
            (1) Technical assistance programs or projects of 
        the Agency at the Juragua Nuclear Power Plant near 
        Cienfuegos, Cuba, and at the Pedro Pi Nuclear Research 
        Center.
            (2) Any other program or project of the Agency in 
        Cuba that is, or could become, a threat to the security 
        of the United States.
    (c) Reporting Requirements.--
            (1) Request for iaea reports.--The Secretary of 
        State shall direct the United States representative to 
        the International Atomic Energy Agency to request the 
        Director-General of the Agency to submit to the United 
        States all reports prepared with respect to all 
        programs or projects of the Agency that are of concern 
        to the United States, including the programs or 
        projects described in subsection (b).
            (2) Annual reports to the congress.--Not later than 
        180 days after the date of the enactment of this Act, 
        and on an annual basis thereafter, the Secretary of 
        State, in consultation with the United States 
        representative to the International Atomic Energy 
        Agency, shall prepare and submit to the Congress a 
        report containing a description of all programs or 
        projects of the Agency in each country described in 
        section 307(a) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227(a)).

SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA NUCLEAR 
                    DEVELOPMENT.

    (a) In General.--Section 620 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2370), as amended by this division, is 
further amended by adding at the end the following:
    ``(y)(1) Except as provided in paragraph (2), the President 
shall withhold from amounts made available under this Act or 
any other Act and allocated for a country for a fiscal year an 
amount equal to the aggregate value of nuclear fuel and related 
assistance and credits provided by that country, or any entity 
of that country, to Cuba during the preceding fiscal year.
    ``(2) The requirement to withhold assistance for a country 
for a fiscal year under paragraph (1) shall not apply if Cuba--
            ``(A) has ratified the Treaty on the Non-
        Proliferation of Nuclear Weapons (21 UST 483) or 
theTreaty of Tlatelelco, and Cuba is in compliance with the 
requirements of either such Treaty;
            ``(B) has negotiated and is in compliance with 
        full-scope safeguards of the International Atomic 
        Energy Agency not later than two years after 
        ratification by Cuba of such Treaty; and
            ``(C) incorporates and is in compliance with 
        internationally accepted nuclear safety standards.
    ``(3) The Secretary of State shall prepare and submit to 
the Congress each year a report containing a description of the 
amount of nuclear fuel and related assistance and credits 
provided by any country, or any entity of a country, to Cuba 
during the preceding year, including the terms of each transfer 
of such fuel, assistance, or credits.''.
    (b) Effective Date.--Section 620(y) of the Foreign 
Assistance Act of 1961, as added by subsection (a), shall apply 
with respect to assistance provided in fiscal years beginning 
on or after the date of the enactment of this Act.

SEC. 2811. INTERNATIONAL FUND FOR IRELAND.

    (a) Purposes.--Section 2(b) of the Anglo-Irish Agreement 
Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is 
amended by adding at the end the following new sentences: 
``United States contributions should be used in a manner that 
effectively increases employment opportunities in communities 
with rates of unemployment higher than the local or urban 
average of unemployment in Northern Ireland. In addition, such 
contributions should be used to benefit individuals residing in 
such communities.''.
    (b) Conditions and Understandings.--Section 5(a) of such 
Act is amended--
            (1) in the first sentence--
                    (A) by striking ``The United States'' and 
                inserting the following:
            ``(1) In general.--The United States'';
                    (B) by striking ``in this Act may be used'' 
                and inserting the following: ``in this Act--
                    ``(A) may be used'';
                    (C) by striking the period and inserting 
                ``; and''; and
                    (D) by adding at the end the following:
                    ``(B) should be provided to individuals or 
                entities in Northern Ireland which employ 
                practices consistent with the principles of 
                economic justice.''; and
            (2) in the second sentence, by striking ``The 
        restrictions'' and inserting the following:
            ``(2) Additional requirements.--The restrictions''.
    (c) Prior Certifications.--Section 5(c)(2) of such Act is 
amended--
            (1) in subparagraph (A), by striking ``in 
        accordance with the principle of equality'' and all 
        that follows and inserting ``to individuals and 
        entities whose practices are consistent with principles 
        of economic justice; and''; and
            (2) in subparagraph (B), by inserting before the 
        period at the end the following: ``and will create 
        employment opportunities in regions and communities of 
        Northern Ireland suffering from high rates of 
        unemployment''.
    (d) Annual Reports.--Section 6 of such Act is amended--
            (1) in paragraph (2), by striking ``and'' at the 
        end;
            (2) in paragraph (3), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new 
        paragraph:
            ``(4) the extent to which the practices of each 
        individual or entity receiving assistance from United 
        States contributions to the International Fund has been 
        consistent with the principles of economic justice.''.
    (e) Requirements Relating to Funds.--Section 7 of such Act 
is amended by adding at the end the following:
    ``(c) Prohibition.--Nothing included herein shall require 
quotas or reverse discrimination or mandate their use.''.
    (f) Definitions.--Section 8 of such Act is amended--
            (1) in paragraph (1), by striking ``and'' at the 
        end;
            (2) in paragraph (2), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following new 
        paragraph:
            ``(3) the term `principles of economic justice' 
        means the following principles:
                    ``(A) Increasing the representation of 
                individuals from underrepresented religious 
                groups in the workforce, including managerial, 
                supervisory, administrative, clerical, and 
                technical jobs.
                    ``(B) Providing adequate security for the 
                protection of minority employees at the 
                workplace.
                    ``(C) Banning provocative sectarian or 
                political emblems from the workplace.
                    ``(D) Providing that all job openings be 
                advertised publicly and providing that special 
                recruitment efforts be made to attract 
                applicants from underrepresented religious 
                groups.
                    ``(E) Providing that layoff, recall, and 
                termination procedures do not favor a 
                particular religious group.
                    ``(F) Abolishing job reservations, 
                apprenticeship restrictions, and differential 
                employment criteria which discriminate on the 
                basis of religion.
                    ``(G) Providing for the development of 
                training programs that will prepare substantial 
                numbers of minority employees for skilled jobs, 
                including the expansion of existing programs 
                and the creation of new programs to train, 
                upgrade, and improve the skills of minority 
                employees.
                    ``(H) Establishing procedures to assess, 
                identify, and actively recruit minority 
                employees with the potential for further 
                advancement.
                    ``(I) Providing for the appointment of a 
                senior management staff member to be 
                responsible for the employment efforts of the 
                entity and, within a reasonable period of time, 
                the implementation of the principles described 
                in subparagraphs (A) through (H).''.

SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.

    (a) Assistance for Justice in Iraq.--There are authorized 
to be appropriated for fiscal year 1998 $3,000,000 for 
assistance to an international commission to establish an 
international record for the criminal culpability of Saddam 
Hussein and other Iraqi officials and for an international 
criminal tribunal established for the purpose of indicting, 
prosecuting, and punishing Saddam Hussein and other Iraqi 
officials responsible for crimes against humanity, genocide, 
and other violations of international law.
    (b) Assistance to the Democratic Opposition in Iraq.--There 
are authorized to be appropriated for fiscal year 1998 
$15,000,000 to provide support for democratic opposition forces 
in Iraq, of which--
            (1) not more than $10,000,000 shall be for 
        assistance to the democratic opposition, including 
        leadership organization, training political cadre, 
        maintaining offices, disseminating information, and 
        developing and implementing agreements among opposition 
        elements; and
            (2) not more than $5,000,000 of the funds made 
        available under this subsection shall be available only 
        for grants to RFE/RL, Incorporated, for surrogate radio 
        broadcasting by RFE/RL, Incorporated, to the Iraqi 
        people in the Arabic language, such broadcasts to be 
        designated as ``Radio Free Iraq''.
    (c) Assistance for Humanitarian Relief and 
Reconstruction.--There are authorized to be appropriated for 
fiscal year 1998 $20,000,000 for the relief, rehabilitation, 
and reconstruction of people living in Iraq, and communities 
located in Iraq, who are not under the control of the Saddam 
Hussein regime.
    (d) Availability.--Amounts authorized to be appropriated by 
this section shall be provided in addition to amounts otherwise 
made available and shall remain available until expended.
    (e) Notification.--All assistance provided pursuant to this 
section shall be notified to Congress in accordance with the 
procedures applicable to reprogramming notifications under 
section 634A of the Foreign Assistance Act of 1961.
    (f) Relation to Other Laws.--Funds made available to carry 
out the provisions of this section may be made available 
notwithstanding any other provision of law.
    (g) Report.--Not later than 45 days after the date of 
enactment of this Act, the Secretary of State and the 
Broadcasting Board of Governors of the United States 
Information Agency shall submit a detailed report to Congress 
describing--
            (1) the costs, implementation, and plans for the 
        establishment of an international war crimes tribunal 
        described in subsection (a);
            (2) the establishment of a political assistance 
        program, and the surrogate broadcasting service, as 
        described in subsection (b); and
            (3) the humanitarian assistance program described 
        in subsection (c).

SEC. 2813. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF SERBIA.

    (a) Findings.--Congress makes the following findings:
            (1) The United States stands as the beacon of 
        democracy and freedom in the world.
            (2) A stable and democratic Republic of Serbia is 
        important to the interests of the United States, the 
        international community, and to peace in the Balkans.
            (3) Democratic forces in the Republic of Serbia are 
        beginning to emerge, notwithstanding the efforts of 
        Europe's longest-standing communist dictator, Slobodan 
        Milosevic.
            (4) The Serbian authorities have sought to continue 
        to hinder the growth of free and independent news media 
        in the Republic of Serbia, in particular the broadcast 
        news media, and have harassed journalists performing 
        their professional duties.
            (5) Under Slobodan Milosevic, the political 
        opposition in Serbia has been denied free, fair, and 
        equal opportunity to participate in the democratic 
        process.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States, the international community, 
        nongovernmental organizations, and the private sector 
        should continue to promote the building of democratic 
        institutions and civic society in the Republic of 
        Serbia, help strengthen the independent news media, and 
        press for the Government of the Republic of Serbia to 
        respect the rule of law; and
            (2) the normalization of relations between the 
        ``Federal Republic of Yugoslavia'' (Serbia and 
        Montenegro) and the United States requires, among other 
        things, that President Milosevic and the leadership of 
        Serbia--
                    (A) promote the building of democratic 
                institutions, including strengthening the 
                independent news media and respecting the rule 
                of law;
                    (B) promote the respect for human rights 
                throughout the ``Federal Republic of 
                Yugoslavia'' (Serbia and Montenegro); and
                    (C) promote and encourage free, fair, and 
                equal conditions for the democratic opposition 
                in Serbia.

                              DIVISION--H

SECTION 1. SHORT TITLE.

    This Division may be cited as the ``Depository Institution-
GSE Affiliation Act of 1998''.

SEC. 2. CERTAIN AFFILIATION PERMITTED.

    Section 18(s) of the Federal Deposit Insurance Act (12 
U.S.C. 1828(s)) is amended--
            (1) by redesignating paragraph (4) as paragraph 
        (5); and
            (2) by inserting after paragraph (3) the following 
        new paragraph:
            ``(4) Student loans.--
                    ``(A) In general.--This subsection shall 
                not apply to any arrangement between the 
                Holding Company (or any subsidiary of the 
                Holding Company other than the Student Loan 
                Marketing Association) and a depository 
                institution, if the Secretary approves the 
                affiliation and determines that--
                            ``(i) the reorganization of such 
                        Association in accordance with section 
                        440 of the Higher Education Act of 
                        1965, as amended, will not be adversely 
                        affected by the arrangement;
                            ``(ii) the dissolution of the 
                        Association pursuant to such 
                        reorganization will occur before the 
                        end of the 2-year period beginning on 
                        the date on which such arrangement is 
                        consummated or on such earlier date as 
                        the Secretary deems appropriate: 
                        Provided, That the Secretary may extend 
                        this period for not more than 1 year at 
                        a time if the Secretary determines that 
                        such extension is in the public 
                        interest and is appropriate to achieve 
                        an orderly reorganization of the 
                        Association or to prevent market 
                        disruptions in connection with such 
                        reorganization, but no such extensions 
                        shall in the aggregate exceed 2 years;
                            ``(iii) the Association will not 
                        purchase or extend credit to, or 
                        guarantee or provide credit enhancement 
                        to, any obligation of the depository 
                        institution;
                            ``(iv) the operations of the 
                        Association will be separate from the 
                        operations of the depository 
                        institution; and
                            ``(v) until the `dissolution date' 
                        (as that term is defined in section 440 
                        of the Higher Education Act of 1965, as 
                        amended) has occurred, such depository 
                        institution will not use the trade name 
                        or service mark `Sallie Mae' in 
                        connection with any product or service 
                        it offers if the appropriate Federal 
                        banking agency for such depository 
                        institution determines that--
                                    ``(I) the depository 
                                institution is the only 
                                institution offering such 
                                product or service using the 
                                `Sallie Mae' name; and
                                    ``(II) such use would 
                                result in the depository 
                                institution having an unfair 
                                competitive advantage over 
                                other depository institutions.
                    ``(B) Terms and conditions.--In approving 
                any arrangement referred to in subparagraph (A) 
                the Secretary may impose any terms and 
                conditions on such an arrangement that the 
                Secretary considers appropriate, including--
                            ``(i) imposing additional 
                        restrictions on the issuance of debt 
                        obligations by the Association; or
                            ``(ii) restricting the use of 
                        proceeds from the issuance of such 
                        debt.
                    ``(C) Additional limitations.--In the event 
                that the Holding Company (or any subsidiary of 
                the Holding Company) enters into such an 
                arrangement, the value of the Association's 
                `investment portfolio' shall not at any time 
                exceed the lesser of--
                            ``(i) the value of such portfolio 
                        on the date of the enactment of this 
                        subsection; or
                            ``(ii) the value of such portfolio 
                        on the date such an arrangement is 
                        consummated. The term `investment 
                        portfolio' shall mean all investments 
                        shown on the consolidated balance sheet 
                        of the Association other than--
                                    ``(I) any instrument or 
                                assets described in section 
                                439(d) of the Higher Education 
                                Act of 1965, as amended;
                                    ``(II) any direct 
                                noncallable obligations of the 
                                United States or any agency 
                                thereof for which the full 
                                faith and credit of the United 
                                States is pledged; or
                                    ``(III) cash or cash 
                                equivalents.
                    ``(D) Enforcement.--The terms and 
                conditions imposed under subparagraph (B) may 
                be enforced by the Secretary in accordance with 
                section 440 of the Higher Education Act of 
                1965.
                    ``(E) Definitions.--For purposes of this 
                paragraph, the following definition shall 
                apply--
                            ``(i) Association; holding 
                        company.--Notwithstanding any provision 
                        in section 3, the terms `Association' 
                        and `Holding Company' have the same 
                        meanings as in section 440(i) of the 
                        Higher Education Act of 1965.
                            ``(ii) Secretary.--The term 
                        `Secretary' means the Secretary of the 
                        Treasury.''.

                DIVISION I--CHEMICAL WEAPONS CONVENTION

SECTION 1. SHORT TITLE.

      This Division may be cited as the ``Chemical Weapons 
Convention Implementation Act of 1998''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

Sec. 201. Criminal and civil provisions.

              Subtitle B--Revocations of Export Privileges

Sec. 211. Revocations of export privileges.

                         TITLE III--INSPECTIONS

Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private facilities.

                            TITLE IV--REPORTS

Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3 
          chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic chemicals 
          and coincidental byproducts in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.

                          TITLE V--ENFORCEMENT

Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.

SEC. 3. DEFINITIONS.

      In this Act:
            (1) Chemical weapon.--The term ``chemical weapon'' 
        means the following, together or separately:
                    (A) A toxic chemical and its precursors, 
                except where intended for a purpose not 
                prohibited under this Act as long as the type 
                and quantity is consistent with such a purpose.
                    (B) A munition or device, specifically 
                designed to cause death or other harm through 
                toxic properties of those toxic chemicals 
                specified in subparagraph (A), which would be 
                released as a result of the employment of such 
                munition or device.
                    (C) Any equipment specifically designed for 
                use directly in connection with the employment 
                of munitions or devices specified in 
                subparagraph (B).
            (2) Chemical weapons convention; convention.--The 
        terms ``Chemical Weapons Convention'' and 
        ``Convention'' mean the Convention on the Prohibition 
        of the Development, Production, Stockpiling and Use of 
        Chemical Weapons and on Their Destruction, opened for 
        signature on January 13, 1993.
            (3) Key component of a binary or multicomponent 
        chemical system.--The term ``key component of a binary 
        or multicomponent chemical system'' means the precursor 
        which plays the most important role in determining the 
        toxic properties of the final product and reacts 
        rapidly with other chemicals in the binary or 
        multicomponent system.
            (4) National of the united states.--The term 
        ``national of the United States'' has the same meaning 
        given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
            (5) Organization.--The term ``Organization'' means 
        the Organization for the Prohibition of Chemical 
        Weapons.
            (6) Person.--The term ``person'', except as 
        otherwise provided, means any individual, corporation, 
        partnership, firm, association, trust, estate, public 
        or private institution, any State or any political 
        subdivision thereof, or any political entity within a 
        State, any foreign government or nation or any agency, 
        instrumentality or political subdivision of any such 
        government or nation, or other entity located in the 
        United States.
            (7) Precursor.--
                    (A) In general.--The term ``precursor'' 
                means any chemical reactant which takes part at 
                any stage in the production by whatever method 
                of a toxic chemical. The term includes any key 
                component of a binary or multicomponent 
                chemical system.
                    (B) List of precursors.--Precursors which 
                have been identified for the application of 
                verification measures under Article VI of the 
                Convention are listed in schedules contained in 
                the Annex on Chemicals of the Chemical Weapons 
                Convention.
            (8) Purposes not prohibited by this act.--The term 
        ``purposes not prohibited by this Act'' means the 
        following:
                    (A) Peaceful purposes.--Any peaceful 
                purpose related to an industrial, agricultural, 
                research, medical, or pharmaceutical activity 
                or other activity.
                    (B) Protective purposes.--Any purpose 
                directly related to protection against toxic 
                chemicals and to protection against chemical 
                weapons.
                    (C) Unrelated military purposes.--Any 
                military purpose of the United States that is 
                not connected with the use of a chemical weapon 
                and that is not dependent on the use of the 
                toxic or poisonous properties of the chemical 
                weapon to cause death or other harm.
                    (D) Law enforcement purposes.--Any law 
                enforcement purpose, including any domestic 
                riot control purpose and including imposition 
                of capital punishment.
            (9) Technical secretariat.--The term ``Technical 
        Secretariat'' means the Technical Secretariat of the 
        Organization for the Prohibition of Chemical Weapons 
        established by the Chemical Weapons Convention.
            (10) Schedule 1 chemical agent.--The term 
        ``Schedule 1 chemical agent'' means any of the 
        following, together or separately:
                    (A) O-Alkyl (C10, 
                incl. cycloalkyl) alkyl
                            (Me, Et, n-Pr or i-Pr)-
                        phosphonofluoridates
                            (e.g. Sarin: O-Isopropyl 
                        methylphosphonofluoridate Soman: O-
                        Pinacolyl methylphosphonofluoridate).
                    (B) O-Alkyl (C10, 
                incl. cycloalkyl) N,N-dialkyl
                            (Me, Et, n-Pr or i-Pr)-
                        phosphoramidocyanidates
                            (e.g. Tabun: O-Ethyl N,N-dimethyl 
                        phosphoramidocyanidate).
                    (C) O-Alkyl (H or 
                C10, incl. cycloalkyl) S-
                2-dialkyl
                            (Me, Et, n-Pr or i-Pr)-aminoethyl 
                        alkyl
                            (Me, Et, n-Pr or i-Pr) 
                        phosphonothiolates and corresponding 
                        alkylated or protonated salts
                            (e.g. VX: O-Ethyl S-2-
                        diisopropylaminoethyl methyl 
                        phosphonothiolate).
                    (D) Sulfur mustards:
                            2-Chloroethylchloromethylsulfide
                            Mustard gas: (Bis(2-
                        chloroethyl)sulfide
                            Bis(2-chloroethylthio)methane
                            Sesquimustard: 1,2-Bis(2-
                        chloroethylthio)ethane
                            1,3-Bis(2-chloroethylthio)-n-
                        propane
                            1,4-Bis(2-chloroethylthio)-n-butane
                            1,5-Bis(2-chloroethylthio)-n-
                        pentane
                            Bis(2-chloroethylthiomethyl)ether
                            O-Mustard: Bis(2-
                        chloroethylthioethyl)ether.
                    (E) Lewisites:
                            Lewisite 1: 2-
                        Chlorovinyldichloroarsine
                            Lewisite 2: Bis(2-
                        chlorovinyl)chloroarsine
                            Lewisite 3: Tris (2-
                        clorovinyl)arsine.
                    (F) Nitrogen mustards:
                            HN1: Bis(2-chloroethyl)ethylamine
                            HN2: Bis(2-chloroethyl)methylamine
                            HN3: Tris(2-chloroethyl)amine.
                    (G) Saxitoxin.
                    (H) Ricin.
                    (I) Alkyl (Me, Et, n-Pr or i-Pr) 
                phosphonyldifluorides
                            e.g. DF: 
                        Methylphosphonyldifluoride.
                    (J) O-Alkyl (H or >C10, incl. 
                cycloalkyl)O-2-dialkyl
                            (Me, Et, n-Pr or i-Pr)-aminoethyl 
                        alkyl
                            (Me, Et, n-Pr or i-Pr) phosphonites 
                        and corresponding alkylated or 
                        protonated salts
      e.g. QL: O-Ethyl O-2-diisopropylaminoethyl 
methylphosphonite.
      (K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
      (L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
      (11) Schedule 2 chemical agent.--The term `Schedule 2 
chemical agent' means the following, together or separately:
      (A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
      phosphorothiolate and corresponding alkylated or 
protonated salts.
      (B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-
propene.
      (C) BZ: 3-Quinuclidinyl benzilate
      (D) Chemicals, except for those listed in Schedule 1, 
containing a phosphorus atom to which is bonded one methyl, 
ethyl or propyl (normal or iso) group but not further carbon 
atoms,
      e.g. Methylphosphonyl dichloride Dimethyl 
methylphosphonate
      Exemption: Fonofos: O-Ethyl S-phenyl 
ethylphosphonothiolothionate.
      (E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic 
dihalides.
      (F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, 
n-Pr or i-Pr)-phosphoramidates.
      (G) arsenic trichloride.
      (H) 2,2-Diphenyl-2-hydroxyacetic acid.
      (I) Quinuclidine-3-ol.
      (J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts.
      (K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols 
and corresponding protonated salts
      Exemptions: N,N-Dimethylaminoethanol and corresponding 
protonated salts N,N-Diethylaminoethanol and corresponding 
protonated salts.
      (L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-
thiols and corresponding protonated salts.
      (M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
      (N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
      (12) Schedule 3 chemical agent.--The term `Schedule 3 
chemical agent' means any of the following, together or 
separately:
      (A) Phosgene: carbonyl dichloride.
      (B) Cyanogen chloride.
      (C) Hydrogen cyanide.
      (D) Chloropicrin: trichloronitromethane.
      (E) Phosphorous oxychloride.
      (F) Phosphorous trichloride.
      (G) Phosphorous pentachloride.
      (H) Trimethyl phosphite.
      (I) Triethyl phosphite.
      (J) Dimethyl phosphite.
      (K) Diethyl phosphite.
      (L) Sulfur monochloride.
      (M) Sulfur dichloride.
      (N) Thionyl chloride.
      (O) Ethyldiethanolamine.
      (P) Methyldiethanolamine.
      (Q) Triethanolamine.
      (13) Toxic chemical.--
      (A) In general.--The term ``toxic chemical'' means any 
chemical which through its chemical action on life processes 
can cause death, temporary incapacitation or permanentharm to 
humans or animals. The term includes all such chemicals, regardless of 
their origin or of their method of production, and regardless of 
whether they are produced in facilities, in munitions or elsewhere.
                    (B) List of toxic chemicals.--Toxic 
                chemicals which have been identified for the 
                application of verification measures under 
                Article VI of the Convention are listed in 
                schedules contained in the Annex on Chemicals 
                of the Chemical Weapons Convention.
            (14) United states.--The term ``United States'' 
        means the several States of the United States, the 
        District of Columbia, and the commonwealths, 
        territories, and possessions of the United States and 
        includes all places under the jurisdiction or control 
        of the United States, including--
                    (A) any of the places within the provisions 
                of paragraph (41) of section 40102 of title 49, 
                United States Code;
                    (B) any civil aircraft of the United States 
                or public aircraft, as such terms are defined 
                in paragraphs (17) and (37), respectively, of 
                section 40102 of title 49, United States Code; 
                and
                    (C) any vessel of the United States, as 
                such term is defined in section 3(b) of the 
                Maritime Drug Enforcement Act, as amended (46 
                U.S.C., App. sec. 1903(b)).
            (15) Unscheduled discrete organic chemical.--The 
        term ``unscheduled discrete organic chemical'' means 
        any chemical not listed on any schedule contained in 
        the Annex on Chemicals of the Convention that belongs 
        to the class of chemical compounds consisting of all 
        compounds of carbon, except for its oxides, sulfides, 
        and metal carbonates.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.

      (a) Designation.--Pursuant to paragraph 4 of Article VII 
of the Chemical Weapons Convention, the President shall 
designate the Department of State to be the United States 
National Authority.
      (b) Purposes.--The United States National Authority 
shall--
            (1) serve as the national focal point for effective 
        liaison with the Organization for the Prohibition of 
        Chemical Weapons and other States Parties to the 
        Convention; and
            (2) implement the provisions of this Act in 
        coordination with an interagency group designated by 
        the President consisting of the Secretary of Commerce, 
        Secretary of Defense, Secretary of Energy, the Attorney 
        General, and the heads of agencies considered necessary 
        or advisable by the President.
      (c) Director.--The Secretary of State shall serve as the 
Director of the United States National Authority.
      (d) Powers.--The Director may utilize the administrative 
authorities otherwise available to the Secretary of State in 
carrying out the responsibilities of the Director set forth in 
this Act.
      (e) Implementation.--The President is authorized to 
implement and carry out the provisions of this Act and the 
Convention and shall designate through Executive order which 
agencies of the United States shall issue, amend, or revise the 
regulations in order to implement this Act and the provisions 
of the Convention. The Director of the United States National 
Authority shall report to the Congress on the regulations that 
have been issued, implemented, or revised pursuant to this 
section.

SEC. 102. NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.

      No person may be required, as a condition for entering 
into a contract with the United States or as a condition for 
receiving any benefit from the United States, towaive any right 
under the Constitution for any purpose related to this Act or the 
Convention.

SEC. 103. CIVIL LIABILITY OF THE UNITED STATES.

    (a) Claims for Taking of Property.--
            (1) Jurisdiction of courts of the united states.--
                    (A) United states court of federal 
                claims.--The United States Court of Federal 
                Claims shall, subject to subparagraph (B), have 
                jurisdiction of any civil action or claim 
                against the United States for any taking of 
                property without just compensation that occurs 
                by reason of the action of any officer or 
                employee of the Organization for the 
                Prohibition of Chemical Weapons, including any 
                member of an inspection team of the Technical 
                Secretariat, or by reason of the action of any 
                officer or employee of the United States 
                pursuant to this Act or the Convention. For 
                purposes of this subsection, action taken 
                pursuant to or under the color of this Act or 
                the Convention shall be deemed to be action 
                taken by the United States for a public 
                purpose.
                    (B) District courts.--The district courts 
                of the United States shall have original 
                jurisdiction, concurrent with the United States 
                Court of Federal Claims, of any civil action or 
                claim described in subparagraph (A) that does 
                not exceed $10,000.
            (2) Notification.--Any person intending to bring a 
        civil action pursuant to paragraph (1) shall notify the 
        United States National Authority of that intent at 
        least one year before filing the claim in the United 
        States Court of Federal Claims. Action on any claim 
        filed during that one-year period shall be stayed. The 
        one-year period following the notification shall not be 
        counted for purposes of any law limiting the period 
        within which the civil action may be commenced.
            (3) Initial steps by united states government to 
        seek remedies.--During the period between a 
        notification pursuant to paragraph (2) and the filing 
        of a claim covered by the notification in the United 
        States Court of Federal Claims, the United States 
        National Authority shall pursue all diplomatic and 
        other remedies that the United States National 
        Authority considers necessary and appropriate to seek 
        redress for the claim including, but not limited to, 
        the remedies provided for in the Convention and under 
        this Act.
            (4) Burden of proof.--In any civil action under 
        paragraph (1), the plaintiff shall have the burden to 
        establish a prima facie case that, due to acts or 
        omissions of any official of the Organization or any 
        member of an inspection team of the Technical 
        Secretariat taken under the color of the Convention, 
        proprietary information of the plaintiff has been 
        divulged or taken without authorization. If the United 
        States Court of Federal Claims finds that the plaintiff 
        has demonstrated such a prima facie case, the burden 
        shall shift to the United States to disprove the 
        plaintiff's claim. In deciding whether the plaintiff 
        has carried its burden, the United States Court of 
        Federal Claims shall consider, among other things--
                    (A) the value of proprietary information;
                    (B) the availability of the proprietary 
                information;
                    (C) the extent to which the proprietary 
                information is based on patents, trade secrets, 
                or other protected intellectual property;
                    (D) the significance of proprietary 
                information; and
                    (E) the emergence of technology elsewhere a 
                reasonable time after the inspection.
    (b) Tort Liability.--The district courts of the United 
States shall have exclusive jurisdiction of civil actions for 
money damages for any tort under the Constitution or any 
Federal or State law arising from the acts or omissions of any 
officer or employee of the United States or the Organization, 
including any member of an inspection team of the Technical 
Secretariat, taken pursuant to or under color of the Convention 
or this Act.
    (c) Waiver of Sovereign Immunity of the United States.--In 
any action under subsection (a) or (b), the United States may 
not raise sovereign immunity as a defense.
    (d) Authority for Cause of Action.--
            (1) United states actions in united states district 
        court.--Notwithstanding any other law, the Attorney 
        General of the United States is authorized to bring an 
        action in the United States District Court for the 
        District of Columbia against any foreign nation for 
        money damages resulting from that nation's refusal to 
        provide indemnification to the United States for any 
        liability imposed on the United States by virtue of the 
        actions of an inspector of the Technical Secretariat 
        who is a national of that foreign nation acting at the 
        direction or the behest of that foreign nation.
            (2) United states actions in courts outside the 
        united states.--The Attorney General is authorized to 
        seek any and all available redress in any international 
        tribunal for indemnification to the United States for 
        any liability imposed on the United States by virtue of 
        the actions of an inspector of the Technical 
        Secretariat, and to seek such redress in the courts of 
        the foreign nation from which the inspector is a 
        national.
            (3) Actions brought by individuals and 
        businesses.--Notwithstanding any other law, any 
        national of the United States, or any business entity 
        organized and operating under the laws of the United 
        States, may bring a civil action in a United States 
        District Court for money damages against any foreign 
        national or any business entity organized and operating 
        under the laws of a foreign nation for an unauthorized 
        or unlawful acquisition, receipt, transmission, or use 
        of property by or on behalf of such foreign national or 
        business entity as a result of any tort under the 
        Constitution or any Federal or State law arising from 
        acts or omissions by any officer or employee of the 
        United States or any member of an inspection team of 
        the Technical Secretariat taken pursuant to or under 
        the color of the Convention or this Act.
    (e) Recoupment.--
            (1) Policy.--It is the policy of the United States 
        to recoup all funds withdrawn from the Treasury of the 
        United States in payment for any tort under Federal or 
        State law or taking under the Constitution arising from 
        the acts or omissions of any foreign person, officer, 
        or employee of the Organization, including any member 
        of an inspection team of the Technical Secretariat, 
        taken under color of the Chemical Weapons Convention or 
        this Act.
            (2) Sanctions on foreign companies.--
                    (A) Imposition of sanctions.--The sanctions 
                provided in subparagraph (B) shall be imposed 
                for a period of not less than ten years upon--
                            (i) any foreign person, officer, or 
                        employee of the Organization, including 
                        any member of an inspection team of the 
                        Technical Secretariat, for whose 
                        actions or omissions the United States 
                        has been held liable for a tort or 
                        taking pursuant to this Act; and
                            (ii) any foreign person or business 
                        entity organized and operating under 
                        the laws of a foreign nation which 
                        knowingly assisted, encouraged or 
                        induced, in any way, a foreign person 
                        described in clause (i) to publish, 
                        divulge, disclose, or make known in any 
                        manner or to any extent not authorized 
                        by the Convention any United States 
                        confidential business information.
                    (B) Sanctions.--
                            (i) Arms export transactions.--The 
                        United States Government shall not sell 
                        to a person described in subparagraph 
                        (A) any item on the United States 
                        Munitions List and shall terminate 
                        sales of any defense articles, defense 
                        services, or design and construction 
                        services to a person described in 
                        subparagraph (A) under the Arms Export 
                        Control Act.
                            (ii) Sanctions under export 
                        administration act of 1979.--The 
                        authorities under section 6 of the 
                        Export Administration Act of 1979 shall 
                        be used to prohibit the export of any 
                        goods or technology on the control list 
                        established pursuant to section 5(c)(1) 
                        of that Act to a person described in 
                        subparagraph (A).
                            (iii) International financial 
                        assistance.--The United States shall 
                        oppose any loan or financial or 
                        technical assistance by international 
                        financial institutions in accordance 
                        with section 701 of the International 
                        Financial Institutions Act to a person 
                        described in subparagraph (A).
                            (iv) Export-import bank 
                        transactions.--The United States shall 
                        not give approval to guarantee, insure, 
                        or extend credit, or to participate in 
                        the extension of credit to a person 
                        described in subparagraph (A) through 
                        the Export-Import Bank of the United 
                        States.
                            (v) Private bank transactions.--
                        Regulations shall be issued to prohibit 
                        any United States bank from making any 
                        loan or providing any credit to a 
                        person described in subparagraph (A).
                            (vi) Blocking of assets.--The 
                        President shall take all steps 
                        necessary to block any transactions in 
                        any property subject to the 
                        jurisdiction of the United States in 
                        which a person described in 
                        subparagraph (A) has any interest 
                        whatsoever, for the purpose of 
                        recouping funds in accordance with the 
                        policy in paragraph (1).
                            (vii) Denial of landing rights.--
                        Landing rights in the United States 
                        shall be denied to any private aircraft 
                        or air carrier owned by a person 
                        described in subparagraph (A) except as 
                        necessary to provide for emergencies in 
                        which the safety of the aircraft or its 
                        crew or passengers is threatened.
            (3) Sanctions on foreign governments.--
                    (A) Imposition of sanctions.--Whenever the 
                President determines that persuasive 
                information is available indicating that a 
                foreign country has knowingly assisted, 
                encouraged or induced, in any way, a person 
                described in paragraph (2)(A) to publish, 
                divulge, disclose, or make known in any manner 
                or to any extent not authorized by the 
                Convention any United States confidential 
                business information, the President shall, 
                within 30 days after the receipt of such 
                information by the executive branch of 
                Government, notify the Congress inwriting of 
such determination and, subject to the requirements of paragraphs (4) 
and (5), impose the sanctions provided under subparagraph (B) for a 
period of not less than five years.
                    (B) Sanctions.--
                            (i) Arms export transactions.--The 
                        United States Government shall not sell 
                        a country described in subparagraph (A) 
                        any item on the United States Munitions 
                        List, shall terminate sales of any 
                        defense articles, defense services, or 
                        design and construction services to 
                        that country under the Arms Export 
                        Control Act, and shall terminate all 
                        foreign military financing for that 
                        country under the Arms Export Control 
                        Act.
                            (ii) Denial of certain licenses.--
                        Licenses shall not be issued for the 
                        export to the sanctioned country of any 
                        item on the United States Munitions 
                        List or commercial satellites.
                            (iii) Denial of assistance.--No 
                        appropriated funds may be used for the 
                        purpose of providing economic 
                        assistance, providing military 
                        assistance or grant military education 
                        and training, or extending military 
                        credits or making guarantees to a 
                        country described in subparagraph (A).
                            (iv) Sanctions under export 
                        administration act of 1979.--The 
                        authorities of section 6 of the Export 
                        Administration Act of 1979 shall be 
                        used to prohibit the export of any 
                        goods or technology on the control list 
                        established pursuant to section 5(c)(1) 
                        of that Act to a country described in 
                        subparagraph (A).
                            (v) International financial 
                        assistance.--The United States shall 
                        oppose any loan or financial or 
                        technical assistance by international 
                        financial institutions in accordance 
                        with section 701 of the International 
                        Financial Institutions Act to a country 
                        described in subparagraph (A).
                            (vi) Termination of assistance 
                        under foreign assistance act of 1961.--
                        The United States shall terminate all 
                        assistance to a country described in 
                        subparagraph (A) under the Foreign 
                        Assistance Act of 1961, except for 
                        urgent humanitarian assistance.
                            (vii) Private bank transactions.--
                        The United States shall not give 
                        approval to guarantee, insure, or 
                        extend credit, or participate in the 
                        extension of credit through the Export-
                        Import Bank of the United States to a 
                        country described in subparagraph (A).
                            (viii) Private bank transactions.--
                        Regulations shall be issued to prohibit 
                        any United States bank from making any 
                        loan or providing any credit to a 
                        country described in subparagraph (A).
                            (ix) Denial of landing rights.--
                        Landing rights in the United States 
                        shall be denied to any air carrier 
                        owned by a country described in 
                        subparagraph (A), except as necessary 
                        to provide for emergencies in which the 
                        safety of the aircraft or its crew or 
                        passengers is threatened.
            (4) Suspension of sanctions upon recoupment by 
        payment.--Sanctions imposed under paragraph (2) or (3) 
        may be suspended if the sanctioned person, business 
        entity, or country, within the period specified in that 
        paragraph, provides full and complete compensation to 
        the United States Government, in convertible foreign 
        exchange or other mutually acceptable compensation 
        equivalent to the full value thereof, in satisfaction 
        of a tort or taking for which the United States has 
        been held liable pursuant to this Act.
            (5) Waiver of sanctions on foreign countries.--The 
        President may waive some or all of the sanctions 
        provided under paragraph (3) in a particular case if he 
        determines and certifies in writing to the Speaker of 
        the House of Representatives and the Committee on 
        Foreign Relations of the Senate that such waiver is 
        necessary to protect the national security interests of 
        the United States. The certification shall set forth 
        the reasons supporting the determination and shall take 
        effect on the date on which the certification is 
        received by the Congress.
            (6) Notification to congress.--Not later than five 
        days after sanctions become effective against a foreign 
        person pursuant to this Act, the President shall 
        transmit written notification of the imposition of 
        sanctions against that foreign person to the chairmen 
        and ranking members of the Committee on International 
        Relations of the House ofRepresentatives and the 
Committee on Foreign Relations of the Senate.
      (f) Sanctions for Unauthorized Disclosure of United 
States Confidential Business Information.--The Secretary of 
State shall deny a visa to, and the Attorney General shall 
exclude from the United States any alien who, after the date of 
enactment of this Act--
            (1) is, or previously served as, an officer or 
        employee of the Organization and who has willfully 
        published, divulged, disclosed, or made known in any 
        manner or to any extent not authorized by the 
        Convention any United States confidential business 
        information coming to him in the course of his 
        employment or official duties, or by reason of any 
        examination or investigation of any return, report, or 
        record made to or filed with the Organization, or any 
        officer or employee thereof, such practice or 
        disclosure having resulted in financial losses or 
        damages to a United States person and for which actions 
        or omissions the United States has been found liable of 
        a tort or taking pursuant to this Act;
            (2) traffics in United States confidential business 
        information, a proven claim to which is owned by a 
        United States national;
            (3) is a corporate officer, principal, shareholder 
        with a controlling interest of an entity which has been 
        involved in the unauthorized disclosure of United 
        States confidential business information, a proven 
        claim to which is owned by a United States national; or
            (4) is a spouse, minor child, or agent of a person 
        excludable under paragraph (1), (2), or (3).
      (g) United States Confidential Business Information 
Defined.--In this section, the term ``United States 
confidential business information'' means any trade secrets or 
commercial or financial information that is privileged and 
confidential--
            (1) including--
                    (A) data described in section 304(e)(2) of 
                this Act,
                    (B) any chemical structure,
                    (C) any plant design process, technology, 
                or operating method,
                    (D) any operating requirement, input, or 
                result that identifies any type or quantity of 
                chemicals used, processed, or produced, or
                    (E) any commercial sale, shipment, or use 
                of a chemical, or
            (2) as described in section 552(b)(4) of title 5, 
        United States Code,
and that is obtained--
      (i) from a United States person; or
      (ii) through the United States Government or the conduct 
of an inspection on United States territory under the 
Convention.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

      (a) In General.--Part I of title 18, United States Code, 
is amended by inserting after chapter 11A the following new 
chapter:

                    ``CHAPTER 11B--CHEMICAL WEAPONS

``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in 
          certain emergencies.
``229F. Definitions.

``Sec. 229. Prohibited activities

    ``(a) Unlawful Conduct.--Except as provided in subsection 
(b), it shall be unlawful for any person knowingly--
            ``(1) to develop, produce, otherwise acquire, 
        transfer directly or indirectly, receive, stockpile, 
        retain, own, possess, or use, or threaten to use, any 
        chemical weapon; or
            ``(2) to assist or induce, in any way, any person 
        to violate paragraph (1), or to attempt or conspire to 
        violate paragraph (1).
    ``(b) Exempted Agencies and Persons.--
            ``(1) In general.--Subsection (a) does not apply to 
        the retention, ownership, possession, transfer, or 
        receipt of a chemical weapon by a department, agency, 
        or other entity of the United States, or by a person 
        described in paragraph (2), pending destruction of the 
        weapon.
            ``(2) Exempted persons.--A person referred to in 
        paragraph (1) is--
                    ``(A) any person, including a member of the 
                Armed Forces of the United States, who is 
                authorized by law or by an appropriate officer 
                of the United States to retain, own, possess, 
                transfer, or receive the chemical weapon; or
                    ``(B) in an emergency situation, any 
                otherwise nonculpable person if the person is 
                attempting to destroy or seize the weapon.
    ``(c) Jurisdiction.--Conduct prohibited by subsection (a) 
is within the jurisdiction of the United States if the 
prohibited conduct--
            ``(1) takes place in the United States;
            ``(2) takes place outside of the United States and 
        is committed by a national of the United States;
            ``(3) is committed against a national of the United 
        States while the national is outside the United States; 
        or
            ``(4) is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the 
        property is within or outside the United States.

``Sec. 229A. Penalties

    ``(a) Criminal Penalties.--
            ``(1) In general.--Any person who violates section 
        229 of this title shall be fined under this title, or 
        imprisoned for any term of years, or both.
            ``(2) Death penalty.--Any person who violates 
        section 229 of this title and by whose action the death 
        of another person is the result shall be punished by 
        death or imprisoned for life.
    ``(b) Civil Penalties.--
            ``(1) In general.--The Attorney General may bring a 
        civil action in the appropriate United States district 
        court against any person who violates section 229 of 
        this title and, upon proof of such violation by a 
        preponderance of the evidence, such person shall be 
        subject to pay a civil penalty in an amount not to 
        exceed $100,000 for each such violation.
            ``(2) Relation to other proceedings.--The 
        imposition of a civil penalty under this subsection 
        does not preclude any other criminal or civil 
        statutory, common law, or administrative remedy, which 
        is available by law to the United States or any other 
        person.
    ``(c) Reimbursement of Costs.--The court shall order any 
person convicted of an offense under subsection (a) to 
reimburse the United States for any expenses incurred by the 
United States incident to the seizure, storage, handling, 
transportation, and destruction or other disposition of any 
property that was seized in connection with an investigation of 
the commission of the offense by that person. A person ordered 
to reimburse the United States for expenses under this 
subsection shall be jointly and severally liable for such 
expenses with each other person, if any, who is ordered under 
this subsection to reimburse the United States for the same 
expenses.

``Sec. 229B. Criminal forfeitures; destruction of weapons

    ``(a) Property Subject to Criminal Forfeiture.--Any person 
convicted under section 229A(a) shall forfeit to the United 
States irrespective of any provision of State law--
            ``(1) any property, real or personal, owned, 
        possessed, or used by a person involved in the offense;
            ``(2) any property constituting, or derived from, 
        and proceeds the person obtained, directly or 
        indirectly, as the result of such violation; and
            ``(3) any of the property used in any manner or 
        part, to commit, or to facilitate the commission of, 
        such violation.
The court, in imposing sentence on such person, shall order, in 
addition to any other sentence imposed pursuant to section 
229A(a), that the person forfeit to the United States all 
property described in this subsection. In lieu of a fine 
otherwise authorized by section 229A(a), a defendant who 
derived profits or other proceeds from an offense may be fined 
not more than twice the gross profits or other proceeds.
    ``(b) Procedures.--
            ``(1) General.--Property subject to forfeiture 
        under this section, any seizure and disposition 
        thereof, and any administrative or judicial proceeding 
        in relation thereto, shall be governed by subsections 
        (b) through (p) of section 413 of the Comprehensive 
        Drug Abuse Prevention and Control Act of 1970 (21 
        U.S.C. 853), except that any reference under those 
        subsections to--
                    ``(A) `this subchapter or subchapter II' 
                shall be deemed to be a reference to section 
                229A(a); and
                    ``(B) `subsection (a)' shall be deemed to 
                be a reference to subsection (a) of this 
                section.
            ``(2) Temporary restraining orders.--
                    ``(A) In general.--For the purposes of 
                forfeiture proceedings under this section, a 
                temporary restraining order may be entered upon 
                application of the United States without notice 
                or opportunity for a hearing when an 
                information or indictment has not yet been 
                filed with respect to the property, if, in 
                addition to the circumstances described in 
                section 413(e)(2) of the Comprehensive Drug 
                Abuse Prevention and Control Act of 1970 (21 
                U.S.C. 853(e)(2)), the United States 
                demonstrates that there is probable cause to 
                believe that the property with respect to which 
                the order is sought would, in the event of 
                conviction, be subject to forfeiture under this 
                section and exigent circumstances exist that 
                place the life or health of any person in 
                danger.
                    ``(B) Warrant of seizure.--If the court 
                enters a temporary restraining order under this 
                paragraph, it shall also issue a warrant 
                authorizing the seizure of such property.
                    ``(C) Applicable procedures.--The 
                procedures and time limits applicable to 
                temporary restraining orders under section 
                413(e) (2) and (3) of the Comprehensive Drug 
                Abuse Prevention and Control Act of 1970 (21 
                U.S.C. 853(e) (2) and (3)) shall apply to 
                temporary restraining orders under this 
                paragraph.
    ``(c) Affirmative Defense.--It is an affirmative defense 
against a forfeiture under subsection (b) that the property--
            ``(1) is for a purpose not prohibited under the 
        Chemical Weapons Convention; and
            ``(2) is of a type and quantity that under the 
        circumstances is consistent with that purpose.
    ``(d) Destruction or Other Disposition.--The Attorney 
General shall provide for the destruction or other appropriate 
disposition of any chemical weapon seized and forfeited 
pursuant to this section.
    ``(e) Assistance.--The Attorney General may request the 
head of any agency of the United States to assist in the 
handling, storage, transportation, or destruction of property 
seized under this section.
    ``(f) Owner Liability.--The owner or possessor of any 
property seized under this section shall be liable to the 
United States for any expenses incurred incident to the 
seizure, including any expenses relating to the handling, 
storage, transportation, and destruction or other disposition 
of the seized property.

``Sec. 229C. Individual self-defense devices

    ``Nothing in this chapter shall be construed to prohibit 
any individual self-defense device, including those using a 
pepper spray or chemical mace.

``Sec. 229D. Injunctions

    ``The United States may obtain in a civil action an 
injunction against--
            ``(1) the conduct prohibited under section 229 or 
        229C of this title; or
            ``(2) the preparation or solicitation to engage in 
        conduct prohibited under section 229 or 229D of this 
        title.

``Sec. 229E. Requests for military assistance to enforce prohibition in 
                    certain emergencies

    ``The Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in support 
of Department of Justice activities relating to the enforcement 
of section 229 of this title in an emergency situation 
involving a chemical weapon. The authority to make such a 
request may be exercised by another official of the Department 
of Justice in accordance with section 382(f)(2) of title 10.

``Sec. 229F. Definitions

    ``In this chapter:
            ``(1) Chemical weapon.--The term `chemical weapon' 
        means the following, together or separately:
                    ``(A) A toxic chemical and its precursors, 
                except where intended for a purpose not 
                prohibited under this chapter as long as the 
                type and quantity is consistent with such a 
                purpose.
                    ``(B) A munition or device, specifically 
                designed to cause death or other harm through 
                toxic properties of those toxic chemicals 
                specified in subparagraph (A), which would be 
                released as a result of the employment of such 
                munition or device.
                    ``(C) Any equipment specifically designed 
                for use directly in connection with the 
                employment of munitions or devices specified in 
                subparagraph (B).
            ``(2) Chemical weapons convention; convention.--The 
        terms `Chemical Weapons Convention' and `Convention' 
        mean the Convention on the Prohibition of the 
        Development, Production, Stockpiling and Use of 
        Chemical Weapons and on Their Destruction, opened for 
        signature on January 13, 1993.
            ``(3) Key component of a binary or multicomponent 
        chemical system.--The term `key component of a binary 
        or multicomponent chemical system' means the precursor 
        which plays the most important role in determining the 
        toxic properties of the final product and reacts 
        rapidly with other chemicals in the binary or 
        multicomponent system.
            ``(4) National of the united states.--The term 
        `national of the United States' has the same meaning 
        given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
            ``(5) Person.--The term `person', except as 
        otherwise provided, means any individual, corporation, 
        partnership, firm, association, trust, estate, public 
        or private institution, any State or any political 
        subdivision thereof, or any political entity within a 
        State, any foreign government or nation or any agency, 
        instrumentality or political subdivision of any such 
        government or nation, or other entity located in the 
        United States.
            ``(6) Precursor.--
                    ``(A) In general.--The term `precursor' 
                means any chemical reactant which takes part at 
                any stage in the production by whatever method 
                of a toxic chemical. The term includes any key 
                component of a binary or multicomponent 
                chemical system.
                    ``(B) List of precursors.--Precursors which 
                have been identified for the application of 
                verification measures under Article VI of the 
                Convention are listed in schedules contained in 
                the Annex on Chemicals of the Chemical Weapons 
                Convention.
            ``(7) Purposes not prohibited by this chapter.--The 
        term `purposes not prohibited by this chapter' means 
        the following:
                    ``(A) Peaceful purposes.--Any peaceful 
                purpose related to an industrial, agricultural, 
                research, medical, or pharmaceutical activity 
                or other activity.
                    ``(B) Protective purposes.--Any purpose 
                directly related to protection against toxic 
                chemicals and to protection against chemical 
                weapons.
                    ``(C) Unrelated military purposes.--Any 
                military purpose of the United States that is 
                not connected with the use of a chemical weapon 
                or that is not dependent on the use of the 
                toxic or poisonous properties of the chemical 
                weapon to cause death or other harm.
                    ``(D) Law enforcement purposes.--Any law 
                enforcement purpose, including any domestic 
                riot control purpose and including imposition 
                of capital punishment.
            ``(8) Toxic chemical.--
                    ``(A) In general.--The term `toxic 
                chemical' means any chemical which through its 
                chemical action on life processes can cause 
                death, temporary incapacitation or permanent 
                harm to humans or animals. The term includes 
                all such chemicals, regardless of their origin 
                or of their method of production, and 
                regardless of whether they are produced in 
                facilities, in munitions or elsewhere.
                    ``(B) List of toxic chemicals.--Toxic 
                chemicals which have been identified for the 
                application of verification measures under 
                Article VI of the Convention are listed in 
                schedules contained in the Annex on Chemicals 
                of the Chemical Weapons Convention.
            ``(9) United states.--The term `United States' 
        means the several States of the United States, the 
        District of Columbia, and the commonwealths, 
        territories, and possessions of the United States and 
        includes all places under the jurisdiction or control 
        of the United States, including--
                    ``(A) any of the places within the 
                provisions of paragraph (41) of section 40102 
                of title 49, United States Code;
                    ``(B) any civil aircraft of the United 
                States or public aircraft, as such terms are 
                defined in paragraphs (17) and (37), 
                respectively, of section 40102 of title 49, 
                United States Code; and
                    ``(C) any vessel of the United States, as 
                such term is defined in section 3(b) of the 
                Maritime Drug Enforcement Act, as amended (46 
                U.S.C., App. sec. 1903(b)).''.
    (b) Conforming Amendments.--
            (1) Weapons of mass destruction.--Section 2332a of 
        title 18, United States Code, is amended--
                    (A) by striking ``Sec. 2332a. Use of 
                weapons of mass destruction'' and inserting 
                ``Sec. 2332a. Use of certain weapons of mass 
                destruction'';
                    (B) in subsection (a), by inserting 
                ``(other than a chemical weapon as that term is 
                defined in section 229F)'' after ``weapon of 
                mass destruction''; and
                    (C) in subsection (b), by inserting 
                ``(other than a chemical weapon (as that term 
                is defined in section 229F))'' after ``weapon 
                of mass destruction''.
            (2) Table of chapters.--The table of chapters for 
        part I of title 18, United States Code, is amended by 
        inserting after the item for chapter 11A the following 
        new item:

``11B. Chemical Weapons...........................................229''.

    (c) Repeals.--The following provisions of law are repealed:
            (1) Section 2332c of title 18, United States Code, 
        relating to chemical weapons.
            (2) In the table of sections for chapter 113B of 
        title 18, United States Code, the item relating to 
        section 2332c.

              Subtitle B--Revocations of Export Privileges

SEC. 211. REVOCATIONS OF EXPORT PRIVILEGES.

      If the President determines, after notice and an 
opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, that any person within the United 
States, or any national of the United States located outside 
the United States, has committed any violation of section 229 
of title 18, United States Code, the President may issue an 
order for the suspension or revocation of the authority of the 
person to export from the United States any goods or technology 
(as such terms are defined in section 16 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2415)).

                         TITLE III--INSPECTIONS

SEC. 301. DEFINITIONS IN THE TITLE.

      (a) In General.--In this title, the terms ``challenge 
inspection'', ``plant site'', ``plant'', ``facility 
agreement'', ``inspection team'', and ``requesting state 
party'' have the meanings given those terms in Part I of the 
Annex on Implementation and Verification of the Chemical 
Weapons Convention. The term ``routine inspection'' means an 
inspection, other than an ``initial inspection'', undertaken 
pursuant to Article VI of the Convention.
      (b) Definition of Judge of the United States.--In this 
title, the term ``judge of the United States'' means a judge or 
magistrate judge of a district court of the United States.

SEC. 302. FACILITY AGREEMENTS.

      (a) Authorization of Inspections.--Inspections by the 
Technical Secretariat of plants, plant sites, or other 
facilities or locations for which the United States has a 
facility agreement with the Organization shall be conducted in 
accordance with the facility agreement. Any such facility 
agreement may not in any way limit the right of the owner or 
operator of the facility to withhold consent to an inspection 
request.
            (b) Types of Facility Agreements.--
            (1) Schedule two facilities.--The United States 
        National Authority shall ensure that facility 
        agreements for plants, plant sites, or other facilities 
        or locations that are subject to inspection pursuant to 
        paragraph 4 of Article VI of the Convention are 
        concluded unless the owner, operator, occupant, or 
        agent in charge of the facility and the Technical 
        Secretariat agree that such an agreement is not 
        necessary.
            (2) Schedule three facilities.--The United States 
        National Authority shall ensure that facility 
        agreements are concluded for plants, plant sites, or 
        other facilities or locations that are subject to 
        inspection pursuant to paragraph 5 or 6 of Article VI 
        of the Convention if so requested by the owner, 
        operator, occupant, or agent in charge of the facility.
      (c) Notification Requirements.--The United States 
National Authority shall ensure that the owner, operator, 
occupant, or agent in charge of a facility prior to the 
development of the agreement relating to that facility is 
notified and, if the person notified so requests, the person 
may participate in the preparations for the negotiation of such 
an agreement. To the maximum extent practicable consistent with 
the Convention, the owner and the operator, occupant or agent 
in charge of a facility may observe negotiations of the 
agreement between the United States and the Organization 
concerning that facility.
      (d) Content of Facility Agreements.--Facility agreements 
shall--
            (1) identify the areas, equipment, computers, 
        records, data, and samples subject to inspection;
            (2) describe the procedures for providing notice of 
        an inspection to the owner, occupant, operator, or 
        agent in charge of a facility;
            (3) describe the timeframes for inspections; and
            (4) detail the areas, equipment, computers, 
        records, data, and samples that are not subject to 
        inspection.

SEC. 303. AUTHORITY TO CONDUCT INSPECTIONS.

    (a) Prohibition.--No inspection of a plant, plant site, or 
other facility or location in the United States shall take 
place under the Convention without the authorization of the 
United States National Authority in accordance with the 
requirements of this title.
    (b) Authority.--
            (1) Technical secretariat inspection teams.--Any 
        duly designated member of an inspection team of the 
        Technical Secretariat may inspect any plant, plant 
        site, or other facility or location in the United 
        States subject to inspection pursuant to the 
        Convention.
            (2) United states government representatives.--The 
        United States National Authority shall coordinate the 
        designation of employees of the Federal Government to 
        accompany members of an inspection team of the 
        Technical Secretariat and, in doing so, shall ensure 
        that--
                    (A) a special agent of the Federal Bureau 
                of Investigation, as designated by the Federal 
                Bureau of Investigation, accompanies each 
                inspection team visit pursuant to paragraph 
                (1);
                    (B) no employee of the Environmental 
                Protection Agency or the Occupational Safety 
                and Health Administration accompanies any 
                inspection team visit conducted pursuant to 
                paragraph (1); and
                    (C) the number of duly designated 
                representatives shall be kept to the minimum 
                necessary.
            (3) Objections to individuals serving as 
        inspectors.--
                    (A) In general.--In deciding whether to 
                exercise the right of the United States under 
                the Convention to object to an individual 
                serving as an inspector, the President shall 
                give great weight to his reasonable belief 
                that--
                            (i) such individual is or has been 
                        a member of, or a participant in, any 
                        group or organization that has engaged 
                        in, or attempted or conspired to engage 
                        in, or aided or abetted in the 
                        commission of, any terrorist act or 
                        activity;
                            (ii) such individual has committed 
                        any act or activity which would be a 
                        felony under the laws of the United 
                        States; or
                            (iii) the participation of such 
                        individual as a member of an inspection 
                        team would pose a risk to the national 
                        security or economic well-being of the 
                        United States.
                    (B) Not subject to judicial review.--Any 
                objection by the President to an individual 
                serving as an inspector, whether made pursuant 
                to this section or otherwise, shall not be 
                reviewable in any court.

SEC. 304. PROCEDURES FOR INSPECTIONS.

            (a) Types of Inspections.--Each inspection of a 
        plant, plant site, or other facility or location in the 
        United States under the Convention shall be conducted 
        in accordance with this section and section 305, except 
        where other procedures are provided in a facility 
        agreement entered into under section 302.
    (b) Notice.--
            (1) In general.--An inspection referred to in 
        subsection (a) may be made only upon issuance of an 
        actual written notice by the United States National 
        Authority to the owner and to the operator, occupant, 
        or agent in charge of the premises to be inspected.
            (2) Time of Notification.--The notice for a routine 
        inspection shall be submitted to the owner and to the 
        operator, occupant, or agent in charge within six hours 
        of receiving the notification of the inspection from 
        the Technical Secretariat or as soon as possible 
        thereafter. Notice for a challenge inspection shall be 
        provided at any appropriate time determined by the 
        United States National Authority. Notices may be posted 
        prominently at the plant, plant site, or other facility 
        or location if the United States is unable to provide 
        actual written notice to the owner, operator, or agent 
        in charge of the premises.
            (3) Content of notice.--
                    (A) In general.--The notice under paragraph 
                (1) shall include all appropriate information 
                supplied by the Technical Secretariat to the 
                United States National Authority concerning--
                            (i) the type of inspection;
                            (ii) the basis for the selection of 
                        the plant, plant site, or other 
                        facility or location for the type of 
                        inspection sought;
                            (iii) the time and date that the 
                        inspection will begin and the period 
                        covered by the inspection; and
                            (iv) the names and titles of the 
                        inspectors.
                    (B) Special rule for challenge 
                inspections.--In the case of a challenge 
                inspection pursuant to Article IX of the 
                Convention, the notice shall also include all 
                appropriate evidence or reasons provided by the 
                requesting state party to the Convention for 
                seeking the inspection.
            (4) Separate notices required.--A separate notice 
        shall be provided for each inspection, except that a 
        notice shall not be required for each entry made during 
        the period covered by the inspection.
      (c) Credentials.--The head of the inspection team of the 
Technical Secretariat and the accompanying employees of the 
Federal government shall display appropriate identifying 
credentials to the owner, operator, occupant, or agent in 
charge of the premises before the inspection is commenced.
      (d) Timeframe for Inspections.--Consistent with the 
provisions of the Convention, each inspection shall be 
commenced and completed with reasonable promptness and shall be 
conducted at reasonable times, within reasonable limits, and in 
a reasonable manner.
      (e) Scope.--
            (1) In general.--Except as provided in a warrant 
        issued under section 305 or a facility agreement 
        entered into under section 302, an inspection conducted 
        under this title may extend to all things within the 
        premises inspected (including records, files, papers, 
        processes, controls, structures and vehicles) related 
        to whether the requirements of the Convention 
        applicable to such premises have been complied with.
            (2) Exception.--Unless required by the Convention, 
        no inspection under this title shall extend to--
                    (A) financial data;
                    (B) sales and marketing data (other than 
                shipment data);
                    (C) pricing data;
                    (D) personnel data;
                    (E) research data;
                    (F) patent data;
                    (G) data maintained for compliance with 
                environmental or occupational health and safety 
                regulations; or
                    (H) personnel and vehicles entering and 
                personnel and personal passenger vehicles 
                exiting the facility.
      (f) Sampling and Safety.--
            (1) In general.--The Director of the United States 
        National Authority is authorized to require the 
        provision of samples to a member of the inspection team 
        of the Technical Secretariat in accordance with the 
        provisions of the Convention. The owner or the 
        operator, occupant or agent in charge of the premises 
        to be inspected shall determine whether the sample 
        shall be taken by representatives of the premises or 
        the inspection team or other individuals present. No 
        sample collected in the United States pursuant to an 
        inspection permitted by this Act may be transferred for 
        analysis to any laboratory outside the territory of the 
        United States.
            (2) Compliance with regulations.--In carrying out 
        their activities, members of the inspection team of the 
        Technical Secretariat and representatives of agencies 
        or departments accompanying the inspection team shall 
        observe safety regulations established at the premises 
        to be inspected, including those for protection of 
        controlled environments within a facility and for 
        personal safety.
      (g) Coordination.--The appropriate representatives of the 
United States, as designated, if present, shall assist the 
owner and the operator, occupant or agent in charge of the 
premises to be inspected in interacting with the members of the 
inspection team of the Technical Secretariat.

SEC. 305. WARRANTS.

      (a) In General.--The United States Government shall seek 
the consent of the owner or the operator, occupant, or agent in 
charge of the premises to be inspected prior to any inspection 
referred to in section 304(a). If consent is obtained, a 
warrant is not required for the inspection. The owner or the 
operator, occupant, or agent in charge of the premises to be 
inspected may withhold consent for any reason or no reason. 
After providing notification pursuant to subsection (b), the 
United States Government may seek a search warrant from a 
United States magistrate judge. Proceedings regarding the 
issuance of a search warrant shall be conducted ex parte, 
unless otherwise requested by the United States Government.
      (b) Routine Inspections.--
            (1) Obtaining administrative search warrants.--For 
        any routine inspection conducted on the territory of 
        the United States pursuant to Article VI of the 
        Convention, where consent has been withheld, the United 
        States Government shall first obtain an administrative 
        search warrant from a judge of the United States. The 
        United States Government shall provide to the judge of 
        the United States all appropriate information supplied 
        by the Technical Secretariat to the United States 
        National Authority regarding the basis for the 
        selection of the plant site, plant, or other facility 
        or location for the type of inspection sought. The 
        United States Government shall also provide any other 
        appropriate information available to it relating to the 
        reasonableness of the selection of the plant, plant 
        site, or other facility or location for the inspection.
            (2) Content of affidavits for administrative search 
        warrants.--The judge of the United States shall 
        promptly issue a warrant authorizing the requested 
        inspection upon an affidavit submitted by the United 
        States Government showing that--
                    (A) the Chemical Weapons Convention is in 
                force for the United States;
                    (B) the plant site, plant, or other 
                facility or location sought to be inspected is 
                required to report data under title IV of this 
                Act and is subject to routine inspection under 
                the Convention;
                    (C) the purpose of the inspection is--
                            (i) in the case of any facility 
                        owned or operated by a non-Government 
                        entity related to Schedule 1 chemical 
                        agents, to verify that the facility is 
                        not used to produce any Schedule 1 
                        chemical agent except for declared 
                        chemicals; quantities of Schedule 1 
                        chemicals produced, processed, or 
                        consumed are correctly declared and 
                        consistent with needs for the declared 
                        purpose; and Schedule 1 chemicals are 
                        not diverted or used for other 
                        purposes;
                            (ii) in the case of any facility 
                        related to Schedule 2 chemical agents, 
                        to verify that activities are in 
                        accordance with obligations under the 
                        Convention and consistent with the 
                        information provided in data 
                        declarations; and
                            (iii) in the case of any facility 
                        related to Schedule 3 chemical agents 
                        and any other chemical production 
                        facility, to verify that the activities 
                        of the facility are consistent with the 
                        information provided in data 
                        declarations;
                    (D) the items, documents, and areas to be 
                searched and seized;
                    (E) in the case of a facility related to 
                Schedule 2 or Schedule 3 chemical agents or 
                unscheduled discrete organic chemicals, the 
                plant site has not been subject to more than 1 
                routine inspection in the current calendar 
                year, and, in the case of facilities related to 
                Schedule 3 chemical agents or unscheduled 
                discrete organic chemicals, the inspection will 
                not cause the number of routine inspections in 
                the United States to exceed 20 in a calendar 
                year;
                    (F) the selection of the site was made in 
                accordance with procedures established under 
                the Convention and, in particular--
                            (i) in the case of any facility 
                        owned or operated by a non-Government 
                        entity related to Schedule 1 chemical 
                        agents, the intensity, duration, 
                        timing, and mode of the requested 
                        inspection is based on the risk to the 
                        object and purpose of the Conventionby 
the quantities of chemical produced, the characteristics of the 
facility and the nature of activities carried out at the facility, and 
the requested inspection, when considered with previous such 
inspections of the facility undertaken in the current calendar year, 
shall not exceed the number reasonably required based on the risk to 
the object and purpose of the Convention as described above;
                            (ii) in the case of any facility 
                        related to Schedule 2 chemical agents, 
                        the Technical Secretariat gave due 
                        consideration to the risk to the object 
                        and purpose of the Convention posed by 
                        the relevant chemical, the 
                        characteristics of the plant site and 
                        the nature of activities carried out 
                        there, taking into account the 
                        respective facility agreement as well 
                        as the results of the initial 
                        inspections and subsequent inspections; 
                        and
                            (iii) in the case of any facility 
                        related to Schedule 3 chemical agents 
                        or unscheduled discrete organic 
                        chemicals, the facility was selected 
                        randomly by the Technical Secretariat 
                        using appropriate mechanisms, such as 
                        specifically designed computer 
                        software, on the basis of two weighting 
                        factors: (I) equitable geographical 
                        distribution of inspections; and (II) 
                        the information on the declared sites 
                        available to the Technical Secretariat, 
                        related to the relevant chemical, the 
                        characteristics of the plant site, and 
                        the nature of activities carried out 
                        there;
                    (G) the earliest commencement and latest 
                closing dates and times of the inspection; and
                    (H) the duration of inspection will not 
                exceed time limits specified in the Convention 
                unless agreed by the owner, operator, or agent 
                in charge of the plant.
            (3) Content of warrants.--A warrant issued under 
        paragraph (2) shall specify the same matters required 
        of an affidavit under that paragraph. In addition to 
        the requirements for a warrant issued under this 
        paragraph, each warrant shall contain, if known, the 
        identities of the representatives of the Technical 
        Secretariat conducting the inspection and the observers 
        of the inspection and, if applicable, the identities of 
        the representatives of agencies or departments of the 
        United States accompanying those representatives.
            (4) Challenge inspections.--
                    (A) Criminal search warrant.--For any 
                challenge inspection conducted on the territory 
                of the United States pursuant to Article IX of 
                the Chemical Weapons Convention, where consent 
                has been withheld, the United States Government 
                shall first obtain from a judge of the United 
                States a criminal search warrant based upon 
                probable cause, supported by oath or 
                affirmation, and describing with particularity 
                the place to be searched and the person or 
                things to be seized.
                    (B) Information provided.--The United 
                States Government shall provide to the judge of 
                the United States--
                            (i) all appropriate information 
                        supplied by the Technical Secretariat 
                        to the United States National Authority 
                        regarding the basis for the selection 
                        of the plant site, plant, or other 
                        facility or location for the type of 
                        inspection sought;
                            (ii) any other appropriate 
                        information relating to the 
                        reasonableness of the selection of the 
                        plant, plant site, or other facility or 
                        location for the inspection;
                            (iii) information concerning--
                                    (I) the duration and scope 
                                of the inspection;
                                    (II) areas to be inspected;
                                    (III) records and data to 
                                be reviewed; and
                                    (IV) samples to be taken;
                            (iv) appropriate evidence or 
                        reasons provided by the requesting 
                        state party for the inspection;
                            (v) any other evidence showing 
                        probable cause to believe that a 
                        violation of this Act has occurred or 
                        is occurring; and
                            (vi) the identities of the 
                        representatives of the Technical 
                        Secretariat on the inspection team and 
                        the Federal Government employees 
                        accompanying the inspection team.
                    (C) Content of warrant.--The warrant shall 
                specify--
                            (i) the type of inspection 
                        authorized;
                            (ii) the purpose of the inspection;
                            (iii) the type of plant site, 
                        plant, or other facility or location to 
                        be inspected;
                            (iv) the areas of the plant site, 
                        plant, or other facility or location to 
                        be inspected;
                            (v) the items, documents, data, 
                        equipment, and computers that may be 
                        inspected or seized;
                            (vi) samples that may be taken;
                            (vii) the earliest commencement and 
                        latest concluding dates and times of 
                        the inspection; and
                            (viii) the identities of the 
                        representatives of the Technical 
                        Secretariat on the inspection teams and 
                        the Federal Government employees 
                        accompanying the inspection team.

SEC. 306. PROHIBITED ACTS RELATING TO INSPECTIONS.

      It shall be unlawful for any person willfully to fail or 
refuse to permit entry or inspection, or to disrupt, delay, or 
otherwise impede an inspection, authorized by this Act.

SEC. 307. NATIONAL SECURITY EXCEPTION.

      Consistent with the objective of eliminating chemical 
weapons, the President may deny a request to inspect any 
facility in the United States in cases where the President 
determines that the inspection may pose a threat to the 
national security interests of the United States.

SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

      (a) The Office of Federal Procurement Policy Act (41 
U.S.C. 403 et seq.) is amended by adding at the end the 
following:

``SEC. 39. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

      ``(a) Prohibition.--A contractor may not be required, as 
a condition for entering into a contract with the Federal 
Government, to waive any right under the Constitution for any 
purpose related to Chemical Weapons Convention Implementation 
Act of 1997 or the Chemical Weapons Convention (as defined in 
section 3 of such Act).
      ``(b) Construction.--Nothing in subsection (a) shall be 
construed to prohibit an executive agency from including in a 
contract a clause that requires the contractor to permit 
inspections for the purpose of ensuring that the contractor is 
performing the contract in accordance with the provisions of 
the contract.''.
      (b) The table of contents in section 1(b) of such Act is 
amended by adding at the end the following:

``Sec. 39. Protection of constitutional rights of contractors.''.

SEC. 309. ANNUAL REPORT ON INSPECTIONS.

      (a) In General.--Not later than one year after the date 
of enactment of this Act, and annually thereafter, the 
President shall submit a report in classified and unclassified 
form to the appropriate congressional committees on inspections 
made under the Convention during the preceding year.
      (b) Content of Reports.--Each report shall contain the 
following information for the reporting period:
            (1) The name of each company or entity subject to 
        the jurisdiction of the United States reporting data 
        pursuant to title IV of this Act.
            (2) The number of inspections under the Convention 
        conducted on the territory of the United States.
            (3) The number and identity of inspectors 
        conducting any inspection described in paragraph (2) 
        and the number of inspectors barred from inspection by 
        the United States.
            (4) The cost to the United States for each 
        inspection described in paragraph (2).
            (5) The total costs borne by United States business 
        firms in the course of inspections described in 
        paragraph (2).
            (6) A description of the circumstances surrounding 
        inspections described in paragraph (2), including 
        instances of possible industrial espionage and 
        misconduct of inspectors.
            (7) The identity of parties claiming loss of trade 
        secrets, the circumstances surrounding those losses, 
        and the efforts taken by the United States Government 
        to redress those losses.
            (8) A description of instances where inspections 
        under the Convention outside the United States have 
        been disrupted or delayed.
      (c) Definition.--The term ``appropriate congressional 
committees'' means the Committee on the Judiciary, the 
Committee on Foreign Relations, and the Select Committee on 
Intelligence of the Senate and the Committee on the Judiciary, 
the Committee on International Relations, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives.

SEC. 310. UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE 
                    FACILITIES.

      (a) Assistance in Preparation for Inspections.--At the 
request of an owner of a facility not owned or operated by the 
United States Government, or contracted for use by or for the 
United States Government, the Secretary of Defense may assist 
the facility to prepare the facility for possible inspections 
pursuant to the Convention.
    (b) Reimbursement Requirement.--
            (1) In general.--Except as provided in paragraph 
        (2), the owner of a facility provided assistance under 
        subsection (a) shall reimburse the Secretary for the 
        costs incurred by the Secretary in providing the 
        assistance.
            (2) Exception.--In the case of assistance provided 
        under subsection (a) to a facility owned by a person 
        described in subsection (c), the United States National 
        Authority shall reimburse the Secretary for the costs 
        incurred by the Secretary in providing the assistance.
    (c) Owners Covered by United States National Authority 
Reimbursements.--Subsection (b)(2) applies in the case of 
assistance provided to the following:
            (1) Small business concerns.--A small business 
        concern as defined in section 3 of the Small Business 
        Act.
            (2) Domestic producers of schedule 3 or unscheduled 
        discrete organic chemicals.--Any person located in the 
        United States that--
                    (A) does not possess, produce, process, 
                consume, import, or export any Schedule 1 or 
                Schedule 2 chemical; and
                    (B) in the calendar year preceding the year 
                in which the assistance is to be provided, 
                produced--
                            (i) more than 30 metric tons of 
                        Schedule 3 or unscheduled discrete 
                        organic chemicals that contain 
                        phosphorous, sulfur, or fluorine; or
                            (ii) more than 200 metric tons of 
                        unscheduled discrete organic chemicals.

                           TITLE IV--REPORTS

SEC. 401. REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.

    (a) Regulations on Recordkeeping.--
            (1) Requirements.--The United States National 
        Authority shall ensure that regulations are prescribed 
        that require each person located in the United States 
        who produces, processes, consumes, exports, or imports, 
        or proposes to produce, process, consume, export, or 
        import, a chemical substance that is subject to the 
        Convention to--
                    (A) maintain and permit access to records 
                related to that production, processing, 
                consumption, export, or import of such 
                substance; and
                    (B) submit to the Director of the United 
                States National Authority such reports as the 
                United States National Authority may reasonably 
                require to provide to the Organization, 
                pursuant to subparagraph 1(a) of the Annex on 
                Confidentiality of the Convention, the minimum 
                amount of information and data necessary for 
                the timely and efficient conduct by the 
                Organization of its responsibilities under the 
                Convention.
            (2) Rulemaking.--The Director of the United States 
        National Authority shall ensure that regulations 
        pursuant to this section are prescribed expeditiously.
    (b) Coordination.--
            (1) Avoidance of duplication.--To the extent 
        feasible, the United States Government shall not 
        require the submission of any report that is 
        unnecessary or duplicative of any report required by or 
        under any other law. The head of each Federal agency 
        shall coordinate the actions of that agency with the 
        heads of the other Federal agencies in order to avoid 
        the imposition of duplicative reporting requirements 
        under this Act or any other law.
            (2) Definition.--As used in paragraph (1), the term 
        ``Federal agency'' has the meaning given the term 
        ``agency'' in section 551(1) of title 5, United States 
        Code.

SEC. 402. PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2 AND 
                    3 CHEMICALS.

    (a) Prohibition.--Notwithstanding any other provision of 
this Act, no person located in the United States shall be 
required to report on, or to submit to, any routine inspection 
conducted for the purpose of verifying the production, 
possession, consumption, exportation, importation, or proposed 
production, possession, consumption, exportation, or 
importation of any substance that contains less than--
            (1) 10 percent concentration of a Schedule 2 
        chemical; or
            (2) 80 percent concentration of a Schedule 3 
        chemical.
    (b) Standard for Measurement of Concentration.--The percent 
concentration of a chemical in a substance shall be measured on 
the basis of volume or total weight, which measurement yields 
the lesser percent.

SEC. 403. PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC 
                    CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE 
                    STREAMS.

    (a) Prohibition.--Notwithstanding any other provision of 
this Act, no person located in the United States shall be 
required to report on, or to submit to, any routine inspection 
conducted for the purpose of verifying the production, 
possession, consumption, exportation, importation, or proposed 
production, possession, consumption, exportation, or 
importation of any substance that is--
            (1) an unscheduled discrete organic chemical; and
            (2) a coincidental byproduct of a manufacturing or 
        production process that is not isolated or captured for 
        use or sale during the process and is routed to, or 
        escapes, from the waste stream of a stack, incinerator, 
        or wastewater treatment system or any other waste 
        stream.

SEC. 404. CONFIDENTIALITY OF INFORMATION.

    (a) Freedom of Information Act Exemption for Certain 
Convention Information.--Except as provided in subsection (b) 
or (c), any confidential business information, as defined in 
section 103(g), reported to, or otherwise acquired by, the 
United States Government under this Act or under the Convention 
shall not be disclosed under section 552(a) of title 5, United 
States Code.
    (b) Exceptions.--
            (1) Information for the technical secretariat.--
        Information shall be disclosed or otherwise provided to 
        the Technical Secretariat or other states parties to 
        the Chemical Weapons Convention in accordance with the 
        Convention, in particular, the provisions of the Annex 
        on the Protection of Confidential Information.
            (2) Information for congress.--Information shall be 
        made available to any committee or subcommittee of 
        Congress with appropriate jurisdiction upon the written 
        request of the chairman or ranking minority member of 
        such committee or subcommittee, except that no such 
        committee or subcommittee, and no member and no staff 
        member of such committee or subcommittee, shall 
        disclose such information or material except as 
        otherwise required or authorized by law.
            (3) Information for enforcement actions.--
        Information shall be disclosed to other Federal 
        agencies for enforcement of this Act or any other law, 
        and shall be disclosed or otherwise provided when 
        relevant in any proceeding under this Act or any other 
        law, except that disclosure or provision in such a 
        proceeding shall be made in such manner as to preserve 
        confidentiality to the extent practicable without 
        impairing the proceeding.
    (c) Information Disclosed in the National Interest.--
            (1) Authority.--The United States Government shall 
        disclose any information reported to, or otherwise 
        required by the United States Government under this Act 
        or the Convention, including categories of such 
        information, that it determines is in the national 
        interest to disclose and may specify the form in which 
        such information is to be disclosed.
            (2) Notice of disclosure.--
                    (A) Requirement.--If any Department or 
                agency of the United States Government proposes 
                pursuant to paragraph (1) to publish or 
                disclose or otherwise provide information 
                exempt from disclosure under subsection (a), 
                the United States National Authority shall, 
                unless contrary to national security or law 
                enforcement needs, provide notice of intent to 
                disclose the information--
                            (i) to the person that submitted 
                        such information; and
                            (ii) in the case of information 
                        about a person received from another 
                        source, to the person to whom that 
                        information pertains.

                The information may not be disclosed until the 
                expiration of 30 days after notice under this 
                paragraph has been provided.
                    (B) Proceedings on objections.--In the 
                event that the person to which the information 
                pertains objects to the disclosure, the agency 
                shall promptly review the grounds for each 
                objection of the person and shall afford the 
                objecting person a hearing for the purpose of 
                presenting the objections to the disclosure. 
                Not later than 10 days before the scheduled or 
                rescheduled date for the disclosure, the United 
                States National Authority shall notify such 
                person regarding whether such disclosure will 
                occur notwithstanding the objections.
    (d) Criminal Penalty for Wrongful Disclosure.--Any officer 
or employee of the United States, and any former officer or 
employee of the United States, who by reason of such employment 
or official position has obtained possession of, or has access 
to, information the disclosure or other provision of which is 
prohibited by subsection (a), and who, knowing that disclosure 
or provision of such information is prohibited by such 
subsection, willfully discloses or otherwise provides the 
information in any manner to any person (including any person 
located outside the territory of the United States) not 
authorized to receive it, shall be fined under title 18, United 
States Code, or imprisoned for not more than five years, or 
both.
    (e) Criminal Forfeiture.--The property of any person who 
violates subsection (d) shall be subject to forfeiture to the 
United States in the same manner and to the same extent as is 
provided in section 229C of title 18, United States Code, as 
added by this Act.
    (f) International Inspectors.--The provisions of this 
section shall also apply to employees of the Technical 
Secretariat.

SEC. 405. RECORDKEEPING VIOLATIONS.

    It shall be unlawful for any person willfully to fail or 
refuse--
            (1) to establish or maintain any record required by 
        this Act or any regulation prescribed under this Act;
            (2) to submit any report, notice, or other 
        information to the United States Government in 
        accordance with this Act or any regulation prescribed 
        under this Act; or
            (3) to permit access to or copying of any record 
        that is exempt from disclosure under this Act or any 
        regulation prescribed under this Act.

                          TITLE V--ENFORCEMENT

SEC. 501. PENALTIES.

    (a) Civil.--
            (1) Penalty amounts.--
                    (A) Prohibited acts relating to 
                inspections.--Any person that is determined, in 
                accordance with paragraph (2), to have violated 
                section 306 of this Act shall be required by 
                order to pay a civil penalty in an amount not 
                to exceed $25,000 for each such violation. For 
                purposes of this paragraph, each day such a 
                violation of section 306 continues shall 
                constitute a separate violation of that 
                section.
                    (B) Recordkeeping violations.--Any person 
                that is determined, in accordance with 
                paragraph (2), to have violated section 405 of 
                this Act shall be required by order to pay a 
                civil penalty in an amount not to exceed $5,000 
                for each such violation.
            (2) Hearing.--
                    (A) In general.--Before imposing an order 
                described in paragraph (1) against a person 
                under this subsection for a violation of 
                section 306 or 405, the Secretary of State 
                shall provide the person or entity with notice 
                and, upon request made within 15 days of the 
                date of the notice, a hearing respecting the 
                violation.
                    (B) Conduct of hearing.--Any hearing so 
                requested shall be conducted before an 
                administrative law judge. The hearing shall be 
                conducted in accordance with the requirements 
                of section 554 of title 5, United States Code. 
                If no hearing is so requested, the Secretary of 
                State's imposition of the order shall 
                constitute a final and unappealable order.
                    (C) Issuance of orders.--If the 
                administrative law judge determines, upon the 
                preponderance of the evidence received, that a 
                person or entity named in the complaint has 
                violated section 306 or 405, the administrative 
                law judge shall state his findings of fact and 
                issue and cause to be served on such person or 
                entity an order described in paragraph (1).
                    (D) Factors for determination of penalty 
                amounts.--In determining the amount of any 
                civil penalty, the administrative law judge 
                shall take into account the nature, 
                circumstances, extent, and gravity of the 
                violation or violations and, with respect to 
                the violator, the ability to pay, effect on 
                ability to continue to do business, any history 
                of prior such violations, the degree of 
                culpability, the existence of an internal 
                compliance program, and such other matters as 
                justice may require.
            (3) Administrative appellate review.--The decision 
        and order of an administrative law judge shall become 
        the final agency decision and order of the head of the 
        United States National Authority unless, within 30 
        days, the head of the United States National Authority 
        modifies or vacates the decision and order, with or 
        without conditions, in which case the decision and 
        order of the head of the United States National 
        Authority shall become a final order under this 
        subsection.
            (4) Offsets.--The amount of the civil penalty under 
        a final order of the United States National Authority 
        may be deducted from any sums owed by the United States 
        to the person.
            (5) Judicial review.--A person adversely affected 
        by a final order respecting an assessment may, within 
        30 days after the date the final order is issued, file 
        a petition in the Court of Appeals forthe District of 
Columbia Circuit or for any other circuit in which the person resides 
or transacts business.
            (6) Enforcement of orders.--If a person fails to 
        comply with a final order issued under this subsection 
        against the person or entity--
                    (A) after the order making the assessment 
                has become a final order and if such person 
                does not file a petition for judicial review of 
                the order in accordance with paragraph (5), or
                    (B) after a court in an action brought 
                under paragraph (5) has entered a final 
                judgment in favor of the United States National 
                Authority,

the Secretary of State shall file a suit to seek compliance 
with the order in any appropriate district court of the United 
States, plus interest at currently prevailing rates calculated 
from the date of expiration of the 30-day period referred to in 
paragraph (5) or the date of such final judgment, as the case 
may be. In any such suit, the validity and appropriateness of 
the final order shall not be subject to review.
    (b) Criminal.--Any person who knowingly violates any 
provision of section 306 or 405 of this Act, shall, in addition 
to or in lieu of any civil penalty which may be imposed under 
subsection (a) for such violation, be fined under title 18, 
United States Code, imprisoned for not more than one year, or 
both.

SEC. 502. SPECIFIC ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States 
shall have jurisdiction over civil actions to--
            (1) restrain any violation of section 306 or 405 of 
        this Act; and
            (2) compel the taking of any action required by or 
        under this Act or the Convention.
    (b) Civil Actions.--
            (1) In general.--A civil action described in 
        subsection (a) may be brought--
                    (A) in the case of a civil action described 
                in subsection (a)(1), in the United States 
                district court for the judicial district in 
                which any act, omission, or transaction 
                constituting a violation of section 306 or 405 
                occurred or in which the defendant is found or 
                transacts business; or
                    (B) in the case of a civil action described 
                in subsection (a)(2), in the United States 
                district court for the judicial district in 
                which the defendant is found or transacts 
                business.
            (2) Service of process.--In any such civil action 
        process may be served on a defendant wherever the 
        defendant may reside or may be found, whether the 
        defendant resides or may be found within the United 
        States or elsewhere.

SEC. 503. EXPEDITED JUDICIAL REVIEW.

    (a) Civil Action.--Any person or entity subject to a search 
under this Act may file a civil action challenging the 
constitutionality of any provision of this Act. Notwithstanding 
any other provision of law, during the full calendar year of, 
and the two full calendar years following, the enactment of 
this Act, the district court shall accord such a case a 
priority in its disposition ahead of all other civil actions 
except for actions challenging the legality and conditions of 
confinement.
    (b) En Banc Review.--Notwithstanding any other provision of 
law, during the full calendar year of, and the two full 
calendar years following, the enactment of this Act, any appeal 
from a final order entered by a district court in an action 
brought under subsection (a) shall be heard promptly by the 
full Court of Appeals sitting en banc.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. REPEAL.

    Section 808 of the Department of Defense Appropriation 
Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of 
human subjects for the testing of chemical or biological 
agents) is repealed.

SEC. 602. PROHIBITION.

    (a) In General.--Neither the Secretary of Defense nor any 
other officer or employee of the United States may, directly or 
by contract--
            (1) conduct any test or experiment involving the 
        use of any chemical or biological agent on a civilian 
        population; or
            (2) use human subjects for the testing of chemical 
        or biological agents.
    (b) Construction.--Nothing in subsection (a) may be 
construed to prohibit actions carried out for purposes not 
prohibited by this Act (as defined in section 3(8)).
    (c) Biological Agent Defined.--In this section, the term 
``biological agent'' means any micro-organism (including 
bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, 
or infectious substance, or any naturally occurring, bio-
engineered or synthesized component of any such micro-organism, 
pathogen, or infectious substance, whatever its origin or 
method of production, capable of causing--
            (1) death, disease, or other biological malfunction 
        in a human, an animal, a plant, or another living 
        organism;
            (2) deterioration of food, water, equipment, 
        supplies, or materials of any kind; or
            (3) deleterious alteration of the environment.

SEC. 603. BANKRUPTCY ACTIONS.

    Section 362(b) of title 11, United States Code, is 
amended--
            (1) by striking paragraphs (4) and (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) under paragraph (1), (2), (3), or (6) of 
        subsection (a) of this section, of the commencement or 
        continuation of an action or proceeding by a 
        governmental unit or any organization exercising 
        authority under the Convention on the Prohibition of 
        the Development, Production, Stockpiling and Use of 
        Chemical Weapons and on Their Destruction, opened for 
        signature on January 13, 1993, to enforce such 
        governmental unit's or organization's police and 
        regulatory power, including the enforcement of a 
        judgment other than a money judgment, obtained in an 
        action or proceeding by the governmental unit to 
        enforce such governmental unit's or organization's 
        police or regulatory power;''.

                   DIVISION J--REVENUES AND MEDICARE

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

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

                    DIVISION J--REVENUES AND MEDICARE

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

   TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

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

                      Subtitle B--Trade Provisions

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

                     TITLE II--OTHER TAX PROVISIONS

             Subtitle A--Provisions Relating to Individuals

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

               Subtitle B--Provisions Relating to Farmers

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

                  Subtitle C--Miscellaneous Provisions

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

                       TITLE III--REVENUE OFFSETS

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

                     TITLE IV--TECHNICAL CORRECTIONS

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

                  TITLE V--MEDICARE-RELATED PROVISIONS

                         Subtitle A--Home Health

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

              Subtitle B--Other Medicare-Related Provisions

Sec. 5201. Authorization of additional exceptions to imposition of 
          penalties for providing inducements to beneficiaries.
Sec. 5202. Expansion of membership of MedPAC to 17.

                       Subtitle C--Revenue Offsets

Sec. 5301. Tax treatment of cash option for qualified prizes.

   TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

SEC. 1001. RESEARCH CREDIT.

    (a) Temporary Extension.--Paragraph (1) of section 41(h) 
(relating to termination) is amended--
            (1) by striking ``June 30, 1998'' and inserting 
        ``June 30, 1999'';
            (2) by striking ``24-month'' and inserting ``36-
        month''; and
            (3) by striking ``24 months'' and inserting ``36 
        months''.
    (b) Technical Amendment.--Subparagraph (D) of section 
45C(b)(1) is amended by striking ``June 30, 1998'' and 
inserting ``June 30, 1999''.
    (c) Effective Date.--The amendments made by this section 
shall apply to amounts paid or incurred after June 30, 1998.

SEC. 1002. WORK OPPORTUNITY CREDIT.

    (a) Temporary Extension.--Subparagraph (B) of section 
51(c)(4) (relating to termination) is amended by striking 
``June 30, 1998'' and inserting ``June 30, 1999''.
    (b) Effective Date.--The amendment made by this section 
shall apply to individuals who begin work for the employer 
after June 30, 1998.

SEC. 1003. WELFARE-TO-WORK CREDIT.

    Subsection (f) of section 51A (relating to termination) is 
amended by striking ``April 30, 1999'' and inserting ``June 30, 
1999''.

SEC. 1004. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; EXPANDED 
                    PUBLIC INSPECTION OF PRIVATE FOUNDATIONS' ANNUAL 
                    RETURNS.

    (a) Special Rule for Contributions of Stock Made 
Permanent.--
            (1) In general.--Paragraph (5) of section 170(e) is 
        amended by striking subparagraph (D) (relating to 
        termination).
            (2) Effective date.--The amendment made by 
        paragraph (1) shall apply to contributions made after 
        June 30, 1998.
    (b) Expanded Public Inspection of Private Foundations' 
Annual Returns, Etc.--
            (1) In general.--Section 6104 (relating to 
        publicity of information required from certain exempt 
        organizations and certain trusts) is amended by 
        striking subsections (d) and (e) and inserting after 
        subsection (c) the following new subsection:
    ``(d) Public Inspection of Certain Annual Returns and 
Applications for Exemption.--
            ``(1) In general.--In the case of an organization 
        described in subsection (c) or (d) of section 501 and 
        exempt from taxation under section 501(a)--
                    ``(A) a copy of--
                            ``(i) the annual return filed under 
                        section 6033 (relating to returns by 
                        exempt organizations) by such 
                        organization, and
                            ``(ii) if the organization filed an 
                        application for recognition of 
                        exemption under section 501, the exempt 
                        status application materials of such 
                        organization,

                shall be made available by such organization 
                for inspection during regular business hours by 
                any individual at the principal office of such 
                organization and, if such organization 
                regularly maintains 1 or more regional or 
                district offices having 3 or more employees, at 
                each such regional or district office, and
                    ``(B) upon request of an individual made at 
                such principal office or such a regional or 
                district office, a copy of such annual return 
                and exempt status application materials shall 
                be provided to such individual without charge 
                other than a reasonable fee for any 
                reproduction and mailing costs.

        The request described in subparagraph (B) must be made 
        in person or in writing. If such request is made in 
        person, such copy shall be provided immediately and, if 
        made in writing, shall be provided within 30 days.
            ``(2) 3-year limitation on inspection of returns.--
        Paragraph (1) shall apply to an annual return filed 
        under section 6033 only during the 3-year period 
        beginning on the last day prescribed for filing such 
        return (determined with regard to any extension of time 
        for filing).
            ``(3) Exceptions from disclosure requirement.--
                    ``(A) Nondisclosure of contributors, etc.--
                In the case of an organization which is not a 
                private foundation (within the meaning of 
                section 509(a)), paragraph (1) shall not 
                require the disclosure of the name or address 
                of any contributor to the organization. In the 
                case of an organization described in section 
                501(d), paragraph (1) shall not require the 
                disclosure of the copies referred to in section 
                6031(b) with respect to such organization.
                    ``(B) Nondisclosure of certain other 
                information.--Paragraph (1) shall not require 
                the disclosure of any information if the 
                Secretary withheld such information from public 
                inspection under subsection (a)(1)(D).
            ``(4) Limitation on providing copies.--Paragraph 
        (1)(B) shall not apply to any request if, in accordance 
        with regulations promulgated by the Secretary, the 
        organization has made the requested documents widely 
        available, or the Secretary determines, upon 
        application by an organization, that such request is 
        part of a harassment campaign and that compliance with 
        such request is not in the public interest.
            ``(5) Exempt status application materials.--For 
        purposes of paragraph (1), the term `exempt status 
        application materials' means the application for 
        recognition of exemption under section 501 and any 
        papers submitted in support of such application and any 
        letter or other document issued by the Internal Revenue 
        Service with respect to such application.''.
            (2) Conforming amendments.--
                    (A) Subsection (c) of section 6033 is 
                amended by adding ``and'' at the end of 
                paragraph (1), by striking paragraph (2), and 
                by redesignating paragraph (3) as paragraph 
                (2).
                    (B) Subparagraph (C) of section 6652(c)(1) 
                is amended by striking ``subsection (d) or 
                (e)(1) of section 6104 (relating to public 
                inspection of annual returns)'' and inserting 
                ``section 6104(d) with respect to any annual 
                return''.
                    (C) Subparagraph (D) of section 6652(c)(1) 
                is amended by striking ``section 6104(e)(2) 
                (relating to public inspection of applications 
                for exemption)'' and inserting ``section 
                6104(d) with respect to any exempt status 
                application materials (as defined in such 
                section)''.
                    (D) Section 6685 is amended by striking 
                ``or (e)''.
                    (E) Section 7207 is amended by striking 
                ``or (e)''.
            (3) Effective date.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the amendments made by this 
                subsection shall apply to requests made after 
                the later of December 31, 1998, or the 60th day 
                after the Secretary of the Treasury first 
                issues the regulations referred to in section 
                6104(d)(4) of the Internal Revenue Code of 
                1986, as amended by this section.
                    (B) Publication of annual returns.--Section 
                6104(d) of such Code, as in effect before the 
                amendments made by this subsection, shall not 
                apply to any return the due date for which is 
                after the date such amendments take effect 
                under subparagraph (A).

SEC. 1005. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.

    (a) Income Derived From Banking, Financing, or Similar 
Businesses.--Section 954(h) (relating to income derived in the 
active conduct of banking, financing, or similar businesses) is 
amended to read as follows:
    ``(h) Special Rule for Income Derived in the Active Conduct 
of Banking, Financing, or Similar Businesses.--
            ``(1) In general.--For purposes of subsection 
        (c)(1), foreign personal holding company income shall 
        not include qualified banking or financing income of an 
        eligible controlled foreign corporation.
            ``(2) Eligible controlled foreign corporation.--For 
        purposes of this subsection--
                    ``(A) In general.--The term `eligible 
                controlled foreign corporation' means a 
                controlled foreign corporation which--
                            ``(i) is predominantly engaged in 
                        the active conduct of a banking, 
                        financing, or similar business, and
                            ``(ii) conducts substantial 
                        activity with respect to such business.
                    ``(B) Predominantly engaged.--A controlled 
                foreign corporation shall be treated as 
                predominantly engaged in the active conduct of 
                a banking, financing, or similar business if--
                            ``(i) more than 70 percent of the 
                        gross income of the controlled foreign 
                        corporation is derived directly from 
                        the active and regular conduct of a 
                        lending or finance business from 
                        transactions with customers which are 
                        not related persons,
                            ``(ii) it is engaged in the active 
                        conduct of a banking business and is an 
                        institution licensed to do business as 
                        a bank in the United States (or is any 
                        other corporation not so licensed which 
                        is specified by the Secretary in 
                        regulations), or
                            ``(iii) it is engaged in the active 
                        conduct of a securities business and is 
                        registered as a securities broker or 
                        dealer under section 15(a) of the 
                        Securities Exchange Act of 1934 or is 
                        registered as a Government securities 
                        broker or dealer under section 15C(a) 
                        of such Act (or is any other 
                        corporation not so registered which is 
                        specified by the Secretary in 
                        regulations).
            ``(3) Qualified banking or financing income.--For 
        purposes of this subsection--
                    ``(A) In general.--The term `qualified 
                banking or financing income' means income of an 
                eligible controlled foreign corporation which--
                            ``(i) is derived in the active 
                        conduct of a banking, financing, or 
                        similar business by--
                                    ``(I) such eligible 
                                controlled foreign corporation, 
                                or
                                    ``(II) a qualified business 
                                unit of such eligible 
                                controlled foreign corporation,
                            ``(ii) is derived from one or more 
                        transactions--
                                    ``(I) with customers 
                                located in a country other than 
                                the United States, and
                                    ``(II) substantially all of 
                                the activities in connection 
                                with which are conducted 
                                directly by the corporation or 
                                unit in its home country, and
                            ``(iii) is treated as earned by 
                        such corporation or unit in its home 
                        country for purposes of such country's 
                        tax laws.
                    ``(B) Limitation on nonbanking and 
                nonsecurities businesses.--No income of an 
                eligible controlled foreign corporation not 
                described in clause (ii) or (iii) of paragraph 
                (2)(B) (or of a qualified business unit of such 
                corporation) shall be treated as qualified 
                banking or financing income unless more than 30 
                percent of such corporation's or unit's gross 
                income is derived directly from the active and 
                regular conduct of a lending or finance 
                business from transactions with customers which 
                are not related persons and which are located 
                within such corporation's or unit's home 
                country.
                    ``(C) Substantial activity requirement for 
                cross border income.--The term `qualified 
                banking or financing income' shall not include 
                income derived from 1 or more transactions with 
                customers located in a country other than the 
                home country of the eligible controlled foreign 
                corporation or a qualified business unit of 
                such corporation unless such corporation or 
                unit conducts substantial activity with respect 
                to a banking, financing, or similar business in 
                its home country.
                    ``(D) Determinations made separately.--For 
                purposes of this paragraph, the qualified 
                banking or financing income of an eligible 
                controlled foreign corporation and each 
                qualified business unit of such corporation 
                shall be determined separately for such 
                corporation and each such unit by taking into 
                account--
                            ``(i) in the case of the eligible 
                        controlled foreign corporation, only 
                        items of income, deduction, gain, or 
                        loss and activities of such corporation 
                        not properly allocable or attributable 
                        to any qualified business unit of such 
                        corporation, and
                            ``(ii) in the case of a qualified 
                        business unit, only items of income, 
                        deduction, gain, or loss and activities 
                        properly allocable or attributable to 
                        such unit.
            ``(4) Lending or finance business.--For purposes of 
        this subsection, the term `lending or finance business' 
        means the business of--
                    ``(A) making loans,
                    ``(B) purchasing or discounting accounts 
                receivable, notes, or installment obligations,
                    ``(C) engaging in leasing (including 
                entering into leases and purchasing, servicing, 
                and disposing of leases and leased assets),
                    ``(D) issuing letters of credit or 
                providing guarantees,
                    ``(E) providing charge and credit card 
                services, or
                    ``(F) rendering services or making 
                facilities available in connection with 
                activities described in subparagraphs (A) 
                through (E) carried on by--
                            ``(i) the corporation (or qualified 
                        business unit) rendering services or 
                        making facilities available, or
                            ``(ii) another corporation (or 
                        qualified business unit of a 
                        corporation) which is a member of the 
                        same affiliated group (as defined in 
                        section 1504, but determined without 
                        regard to section 1504(b)(3)).
            ``(5) Other definitions.--For purposes of this 
        subsection--
                    ``(A) Customer.--The term `customer' means, 
                with respect to any controlled foreign 
                corporation or qualified business unit, any 
                person which has a customer relationship with 
                such corporation or unit and which is acting in 
                its capacity as such.
                    ``(B) Home country.--Except as provided in 
                regulations--
                            ``(i) Controlled foreign 
                        corporation.--The term `home country' 
                        means, with respect to any controlled 
                        foreign corporation, the country under 
                        the laws of which the corporation was 
                        created or organized.
                            ``(ii) Qualified business unit.--
                        The term `home country' means, with 
                        respect to any qualified business unit, 
                        thecountry in which such unit maintains 
its principal office.
                    ``(C) Located.--The determination of where 
                a customer is located shall be made under rules 
                prescribed by the Secretary.
                    ``(D) Qualified business unit.--The term 
                `qualified business unit' has the meaning given 
                such term by section 989(a).
                    ``(E) Related person.--The term `related 
                person' has the meaning given such term by 
                subsection (d)(3).
            ``(6) Coordination with exception for dealers.--
        Paragraph (1) shall not apply to income described in 
        subsection (c)(2)(C)(ii) of a dealer in securities 
        (within the meaning of section 475) which is an 
        eligible controlled foreign corporation described in 
        paragraph (2)(B)(iii).
            ``(7) Anti-abuse rules.--For purposes of applying 
        this subsection and subsection (c)(2)(C)(ii)--
                    ``(A) there shall be disregarded any item 
                of income, gain, loss, or deduction with 
                respect to any transaction or series of 
                transactions one of the principal purposes of 
                which is qualifying income or gain for the 
                exclusion under this section, including any 
                transaction or series of transactions a 
                principal purpose of which is the acceleration 
                or deferral of any item in order to claim the 
                benefits of such exclusion through the 
                application of this subsection,
                    ``(B) there shall be disregarded any item 
                of income, gain, loss, or deduction of an 
                entity which is not engaged in regular and 
                continuous transactions with customers which 
                are not related persons,
                    ``(C) there shall be disregarded any item 
                of income, gain, loss, or deduction with 
                respect to any transaction or series of 
                transactions utilizing, or doing business 
                with--
                            ``(i) one or more entities in order 
                        to satisfy any home country requirement 
                        under this subsection, or
                            ``(ii) a special purpose entity or 
                        arrangement, including a 
                        securitization, financing, or similar 
                        entity or arrangement,
                if one of the principal purposes of such 
                transaction or series of transactions is 
                qualifying income or gain for the exclusion 
                under this subsection, and
                    ``(D) a related person, an officer, a 
                director, or an employee with respect to any 
                controlled foreign corporation (or qualified 
                business unit) which would otherwise be treated 
                as a customer of such corporation or unit with 
                respect to any transaction shall not be so 
                treated if a principal purpose of such 
                transaction is to satisfy any requirement of 
                this subsection.
            ``(8) Regulations.--The Secretary shall prescribe 
        such regulations as may be necessary or appropriate to 
        carry out the purposes of this subsection, subsection 
        (c)(1)(B)(i), subsection (c)(2)(C)(ii), and the last 
        sentence of subsection (e)(2).
            ``(9) Application.--This subsection, subsection 
        (c)(2)(C)(ii), and the last sentence of subsection 
        (e)(2) shall apply only to the first taxable year of a 
        foreign corporation beginning after December 31, 1998, 
        and before January 1, 2000, and to taxable years of 
        United States shareholders with or within which such 
        taxable year of such foreign corporation ends.''.
    (b) Income Derived From Insurance Business.--
            (1) Income attributable to issuance or 
        reinsurance.--
                    (A) In general.--Section 953(a) (defining 
                insurance income) is amended to read as 
                follows:
    ``(a) Insurance Income.--
            ``(1) In general.--For purposes of section 
        952(a)(1), the term `insurance income' means any income 
        which--
                    ``(A) is attributable to the issuing (or 
                reinsuring) of an insurance or annuity 
                contract, and
                    ``(B) would (subject to the modifications 
                provided by subsection (b)) be taxed under 
                subchapter L of this chapter if such income 
                were the income of a domestic insurance 
                company.
            ``(2) Exception.--Such term shall not include any 
        exempt insurance income (as defined in subsection 
        (e)).''.
                    (B) Exempt insurance income.--Section 953 
                (relating to insurance income) is amended by 
                adding at the end the following new subsection:
    ``(e) Exempt Insurance Income.--For purposes of this 
section--
            ``(1) Exempt insurance income defined.--
                    ``(A) In general.--The term `exempt 
                insurance income' means income derived by a 
                qualifying insurance company which--
                            ``(i) is attributable to the 
                        issuing (or reinsuring) of an exempt 
                        contract by such company or a 
                        qualifying insurance company branch of 
                        such company, and
                            ``(ii) is treated as earned by such 
                        company or branch in its home country 
                        for purposes of such country's tax 
                        laws.
                    ``(B) Exception for certain arrangements.--
                Such term shall not include income attributable 
                to the issuing (or reinsuring) of an exempt 
                contract as the result of any arrangement 
                whereby another corporation receives a 
                substantially equal amount of premiums or other 
                consideration in respect of issuing (or 
                reinsuring) a contract which is not an exempt 
                contract.
                    ``(C) Determinations made separately.--For 
                purposes of this subsection and section 954(i), 
                the exempt insurance income and exempt 
                contracts of a qualifying insurance company or 
                any qualifying insurance company branch of such 
                company shall be determined separately for such 
                company and each such branch by taking into 
                account--
                            ``(i) in the case of the qualifying 
                        insurance company, only items of 
                        income, deduction, gain, or loss, and 
                        activities of such company not properly 
                        allocable or attributable to any 
                        qualifying insurance company branch of 
                        such company, and
                            ``(ii) in the case of a qualifying 
                        insurance company branch, only items of 
                        income, deduction, gain, or loss and 
                        activities properly allocable or 
                        attributable to such branch.
            ``(2) Exempt contract.--
                    ``(A) In general.--The term `exempt 
                contract' means an insurance or annuity 
                contract issued or reinsured by a qualifying 
                insurance company or qualifying insurance 
                company branch in connection with property in, 
                liability arising out of activity in, or the 
                lives or health of residents of, a country 
                other than the United States.
                    ``(B) Minimum home country income 
                required.--
                            ``(i) In general.--No contract of a 
                        qualifying insurance company or of a 
                        qualifying insurance company branch 
                        shall be treated as an exempt contract 
                        unless such company or branch derives 
                        more than 30 percent of its net written 
                        premiums from exempt contracts 
                        (determined without regard to this 
                        subparagraph)--
                                    ``(I) which cover 
                                applicable home country risks, 
                                and
                                    ``(II) with respect to 
                                which no policyholder, insured, 
                                annuitant, or beneficiary is a 
                                related person (as defined in 
                                section 954(d)(3)).
                            ``(ii) Applicable home country 
                        risks.--The term `applicable home 
                        country risks' means risks in 
                        connection with property in, liability 
                        arising out of activity in, or the 
                        lives or health of residents of, the 
                        home country of the qualifying 
                        insurance company or qualifying 
                        insurance company branch, as the case 
                        may be, issuing or reinsuring the 
                        contract covering the risks.
                    ``(C) Substantial activity requirements for 
                cross border risks.--A contract issued by a 
                qualifying insurance company or qualifying 
                insurance company branch which covers risks 
                other than applicable home country risks (as 
                defined in subparagraph (B)(ii)) shall not be 
                treated as an exempt contract unless such 
                company or branch, as the case may be--
                            ``(i) conducts substantial activity 
                        with respect to an insurance business 
                        in its home country, and
                            ``(ii) performs in its home country 
                        substantially all of the activities 
                        necessary to give rise to the income 
                        generated by such contract.
            ``(3) Qualifying insurance company.--The term 
        `qualifying insurance company' means any controlled 
        foreign corporation which--
                    ``(A) is subject to regulation as an 
                insurance (or reinsurance) company by its home 
                country, and is licensed, authorized, or 
                regulated by the applicable insurance 
                regulatory body for its home country to sell 
                insurance, reinsurance, or annuity contracts to 
                persons other than related persons (within the 
                meaning of section 954(d)(3)) in such home 
                country,
                    ``(B) derives more than 50 percent of its 
                aggregate net written premiums from the 
                issuance or reinsurance by such controlled 
                foreign corporation and each of its qualifying 
                insurance company branches of contracts--
                            ``(i) covering applicable home 
                        country risks (as defined in paragraph 
                        (2)) of such corporation or branch, as 
                        the case may be, and
                            ``(ii) with respect to which no 
                        policyholder, insured, annuitant, or 
                        beneficiary is a related person (as 
                        defined in section 954(d)(3)),
                except that in the case of a branch, such 
                premiums shall only be taken into account to 
                the extent such premiums are treated as earned 
                by such branch in its home country for purposes 
                of such country's tax laws, and
                    ``(C) is engaged in the insurance business 
                and would be subject to tax under subchapter L 
                if it were a domestic corporation.
            ``(4) Qualifying insurance company branch.--The 
        term `qualifying insurance company branch' means a 
        qualified business unit (within the meaning of section 
        989(a)) of a controlled foreign corporation if--
                    ``(A) such unit is licensed, authorized, or 
                regulated by the applicable insurance 
                regulatory body for its home country to sell 
                insurance, reinsurance, or annuity contracts to 
                persons other than related persons (within the 
                meaning of section 954(d)(3)) in such home 
                country, and
                    ``(B) such controlled foreign corporation 
                is a qualifying insurance company, determined 
                under paragraph (3) as if such unit were a 
                qualifying insurance company branch.
            ``(5) Life insurance or annuity contract.--For 
        purposes of this section and section 954, the 
        determination of whether a contract issued by a 
        controlled foreign corporation or a qualified business 
        unit (within the meaning of section 989(a)) is a life 
        insurance contract or an annuity contract shall be made 
        without regard to sections 72(s), 101(f), 817(h), and 
        7702 if--
                    ``(A) such contract is regulated as a life 
                insurance or annuity contract by the 
                corporation's or unit's home country, and
                    ``(B) no policyholder, insured, annuitant, 
                or beneficiary with respect to the contract is 
                a United States person.
            ``(6) Home country.--For purposes of this 
        subsection, except as provided in regulations--
                    ``(A) Controlled foreign corporation.--The 
                term `home country' means, with respect to a 
                controlled foreign corporation, the country in 
                which such corporation is created or organized.
                    ``(B) Qualified business unit.--The term 
                `home country' means, with respect to a 
                qualified business unit (as defined in section 
                989(a)), the country in which the principal 
                office of such unit is located and in which 
                such unit is licensed, authorized, or regulated 
                by the applicable insurance regulatory body to 
                sell insurance, reinsurance, or annuity 
                contracts to persons other than related persons 
                (as defined in section 954(d)(3)) in such 
                country.
            ``(7) Anti-abuse rules.--For purposes of applying 
        this subsection and section 954(i)--
                    ``(A) the rules of section 954(h)(7) (other 
                than subparagraph (B) thereof) shall apply,
                    ``(B) there shall be disregarded any item 
                of income, gain, loss, or deduction of, or 
                derived from, an entity which is not engaged in 
                regular and continuous transactions with 
                persons which are not related persons,
                    ``(C) there shall be disregarded any change 
                in the method of computing reserves a principal 
                purpose of which is the acceleration or 
                deferral of any item in order to claim the 
                benefits of this subsection or section 954(i),
                    ``(D) a contract of insurance or 
                reinsurance shall not be treated as an exempt 
                contract (and premiums from such contract shall 
                not be taken into account for purposes of 
                paragraph (2)(B) or (3)) if--
                            ``(i) any policyholder, insured, 
                        annuitant, or beneficiary is a resident 
                        of the United States and such contract 
                        was marketed to such resident and was 
                        written to cover a risk outside the 
                        United States, or
                            ``(ii) the contract covers risks 
                        located within and without the United 
                        States and the qualifying insurance 
                        company or qualifying insurance company 
                        branch does not maintain such 
                        contemporaneous records, and file such 
                        reports, with respect to such contract 
                        as the Secretary may require,
                    ``(E) the Secretary may prescribe rules for 
                the allocation of contracts (and income from 
                contracts) among 2 or more qualifying insurance 
                company branches of a qualifying insurance 
                company in order to clearly reflect the income 
                of such branches, and
                    ``(F) premiums from a contract shall not be 
                taken into account for purposes of paragraph 
                (2)(B) or (3) if such contract reinsures a 
                contract issued or reinsured by a related 
                person (as defined in section 954(d)(3)).
        For purposes of subparagraph (D), the determination of 
        where risks are located shall be made under the 
        principles of section 953.
            ``(8) Coordination with subsection (c).--In 
        determining insurance income for purposes of subsection 
        (c), exempt insurance income shall not include income 
        derived from exempt contracts which cover risks other 
        than applicable home country risks.
            ``(9) Regulations.--The Secretary shall prescribe 
        such regulations as may be necessary or appropriate to 
        carry out the purposes of this subsection and section 
        954(i).
            ``(10) Application.--This subsection and section 
        954(i) shall apply only to the first taxable year of a 
        foreign corporation beginning after December 31, 1998, 
        and before January 1, 2000, and to taxable years of 
        United States shareholders with or within which such 
        taxable year of such foreign corporation ends.
            ``(11) Cross reference.--

          ``For income exempt from foreign personal holding company 
        income, see section 954(i).''.

            (2) Exemption from foreign personal holding company 
        income.--Section 954 (defining foreign base company 
        income) is amended by adding at the end the following 
        new subsection:
    ``(i) Special Rule for Income Derived in the Active Conduct 
of Insurance Business.--
            ``(1) In general.--For purposes of subsection 
        (c)(1), foreign personal holding company income shall 
        not include qualified insurance income of a qualifying 
        insurance company.
            ``(2) Qualified insurance income.--The term 
        `qualified insurance income' means income of a 
        qualifying insurance company which is--
                    ``(A) received from a person other than a 
                related person (within the meaning of 
                subsection (d)(3)) and derived from the 
                investments made by a qualifying insurance 
                company or a qualifying insurance company 
                branch of its reserves allocable to exempt 
                contracts or of 80 percent of its unearned 
                premiums from exempt contracts (as both are 
                determined in the manner prescribed under 
                paragraph (4)), or
                    ``(B) received from a person other than a 
                related person (within the meaning of 
                subsection (d)(3)) and derived from investments 
                made by a qualifying insurance company or a 
                qualifying insurance company branch of an 
                amount of its assets allocable to exempt 
                contracts equal to--
                            ``(i) in the case of property, 
                        casualty, or health insurance 
                        contracts, one-third of its premiums 
                        earned on such insurance contracts 
                        during the taxable year (as defined in 
                        section 832(b)(4)), and
                            ``(ii) in the case of life 
                        insurance or annuity contracts, 10 
                        percent of the reserves described in 
                        subparagraph (A) for such contracts.
            ``(3) Principles for determining insurance 
        income.--Except as provided by the Secretary, for 
        purposes of subparagraphs (A) and (B) of paragraph 
        (2)--
                    ``(A) in the case of any contract which is 
                a separate account-type contract (including any 
                variable contract not meeting the requirements 
                of section 817), income credited under such 
                contract shall be allocable only to such 
                contract, and
                    ``(B) income not allocable under 
                subparagraph (A) shall be allocated ratably 
                among contracts not described in subparagraph 
                (A).
            ``(4) Methods for determining unearned premiums and 
        reserves.--For purposes of paragraph (2)(A)--
                    ``(A) Property and casualty contracts.--The 
                unearned premiums and reserves of a qualifying 
                insurance company or a qualifying insurance 
                company branch with respect to property, 
                casualty, or health insurance contracts shall 
                be determined using the same methods and 
                interest rates which would be used if such 
                company or branch were subject to tax under 
                subchapter L, except that--
                            ``(i) the interest rate determined 
                        for the functional currency of the 
                        company orbranch, and which, except as 
provided by the Secretary, is calculated in the same manner as the 
Federal mid-term rate under section 1274(d), shall be substituted for 
the applicable Federal interest rate, and
                            ``(ii) such company or branch shall 
                        use the appropriate foreign loss 
                        payment pattern.
                    ``(B) Life insurance and annuity 
                contracts.--The amount of the reserve of a 
                qualifying insurance company or qualifying 
                insurance company branch for any life insurance 
                or annuity contract shall be equal to the 
                greater of--
                            ``(i) the net surrender value of 
                        such contract (as defined in section 
                        807(e)(1)(A)), or
                            ``(ii) the reserve determined under 
                        paragraph (5).
                    ``(C) Limitation on reserves.--In no event 
                shall the reserve determined under this 
                paragraph for any contract as of any time 
                exceed the amount which would be taken into 
                account with respect to such contract as of 
                such time in determining foreign statement 
                reserves (less any catastrophe, deficiency, 
                equalization, or similar reserves).
            ``(5) Amount of reserve.--The amount of the reserve 
        determined under this paragraph with respect to any 
        contract shall be determined in the same manner as it 
        would be determined if the qualifying insurance company 
        or qualifying insurance company branch were subject to 
        tax under subchapter L, except that in applying such 
        subchapter--
                    ``(A) the interest rate determined for the 
                functional currency of the company or branch, 
                and which, except as provided by the Secretary, 
                is calculated in the same manner as the Federal 
                mid-term rate under section 1274(d), shall be 
                substituted for the applicable Federal interest 
                rate,
                    ``(B) the highest assumed interest rate 
                permitted to be used in determining foreign 
                statement reserves shall be substituted for the 
                prevailing State assumed interest rate, and
                    ``(C) tables for mortality and morbidity 
                which reasonably reflect the current mortality 
                and morbidity risks in the company's or 
                branch's home country shall be substituted for 
                the mortality and morbidity tables otherwise 
                used for such subchapter.
        The Secretary may provide that the interest rate and 
        mortality and morbidity tables of a qualifying 
        insurance company may be used for 1 or more of its 
        qualifying insurance company branches when appropriate.
            ``(6) Definitions.--For purposes of this 
        subsection, any term used in this subsection which is 
        also used in section 953(e) shall have the meaning 
        given such term by section 953.''.
            (3) Reserves.--Section 953(b) is amended by 
        redesignating paragraph (3) as paragraph (4) and by 
        inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Reserves for any insurance or annuity 
        contract shall be determined in the same manner as 
        under section 954(i).''.
    (c) Special Rules for Dealers.--Section 954(c)(2)(C) is 
amended to read as follows:
                    ``(C) Exception for dealers.--Except as 
                provided by regulations, in the case of a 
                regular dealer in property which is property 
                described in paragraph (1)(B), forward 
                contracts,option contracts, or similar 
financial instruments (including notional principal contracts and all 
instruments referenced to commodities), there shall not be taken into 
account in computing foreign personal holding company income--
                            ``(i) any item of income, gain, 
                        deduction, or loss (other than any item 
                        described in subparagraph (A), (E), or 
                        (G) of paragraph (1)) from any 
                        transaction (including hedging 
                        transactions) entered into in the 
                        ordinary course of such dealer's trade 
                        or business as such a dealer, and
                            ``(ii) if such dealer is a dealer 
                        in securities (within the meaning of 
                        section 475), any interest or dividend 
                        or equivalent amount described in 
                        subparagraph (E) or (G) of paragraph 
                        (1) from any transaction (including any 
                        hedging transaction or transaction 
                        described in section 956(c)(2)(J)) 
                        entered into in the ordinary course of 
                        such dealer's trade or business as such 
                        a dealer in securities, but only if the 
                        income from the transaction is 
                        attributable to activities of the 
                        dealer in the country under the laws of 
                        which the dealer is created or 
                        organized (or in the case of a 
                        qualified business unit described in 
                        section 989(a), is attributable to 
                        activities of the unit in the country 
                        in which the unit both maintains its 
                        principal office and conducts 
                        substantial business activity).''.
    (d) Exemption From Foreign Base Company Services Income.--
Paragraph (2) of section 954(e) is amended by inserting ``or'' 
at the end of subparagraph (A), by striking ``, or'' at the end 
of subparagraph (B) and inserting a period, by striking 
subparagraph (C), and by adding at the end the following new 
flush sentence:
        ``Paragraph (1) shall also not apply to income which is 
        exempt insurance income (as defined in section 953(e)) 
        or which is not treated as foreign personal holding 
        income by reason of subsection (c)(2)(C)(ii), (h), or 
        (i).''.
    (e) Exemption for Gain.--Section 954(c)(1)(B)(i) (relating 
to net gains from certain property transactions) is amended by 
inserting ``other than property which gives rise to income not 
treated as foreign personal holding company income by reason of 
subsection (h) or (i) for the taxable year'' before the comma 
at the end.

SEC. 1006. DISCLOSURE OF RETURN INFORMATION ON INCOME CONTINGENT 
                    STUDENT LOANS.

    Subparagraph (D) of section 6103(l)(13) (relating to 
disclosure of return information to carry out income contingent 
repayment of student loans) is amended by striking ``September 
30, 1998'' and inserting ``September 30, 2003''.

                      Subtitle B--Trade Provisions

SEC. 1011. EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED SYSTEM OF 
                    PREFERENCES.

    (a) In General.--Section 505 of the Trade Act of 1974 (19 
U.S.C. 2465) is amended by striking ``June 30, 1998'' and 
inserting ``June 30, 1999''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this 
        section apply to articles entered on or after the date 
        of the enactment of this Act.
            (2) Retroactive application for certain 
        liquidations and reliquidations.--
                    (A) General rule.--Notwithstanding section 
                514 of the Tariff Act of 1930 or any other 
                provision of law, and subject to paragraph (3), 
                any entry--
                            (i) of an article to which duty-
                        free treatment under title V of the 
                        Trade Act of 1974 would have applied if 
                        such entry had been made on July 1, 
                        1998, and such title had been in effect 
                        on July 1, 1998, and
                            (ii) that was made--
                                    (I) after June 30, 1998, 
                                and
                                    (II) before the date of 
                                enactment of this Act,
                shall be liquidated or reliquidated as free of 
                duty, and the Secretary of the Treasury shall 
                refund any duty paid with respect to such 
                entry.
                    (B) Entry.--As used in this paragraph, the 
                term ``entry'' includes a withdrawal from 
                warehouse for consumption.
            (3) Requests.--Liquidation or reliquidation may be 
        made under paragraph (2) with respect to an entry only 
        if a request therefor is filed with the Customs 
        Service, within 180 days after the date of enactment of 
        this Act, that contains sufficient information to 
        enable the Customs Service--
                    (A) to locate the entry; or
                    (B) to reconstruct the entry if it cannot 
                be located.

SEC. 1012. TRADE ADJUSTMENT ASSISTANCE.

    (a) Assistance for Workers.--Section 245 of the Trade Act 
of 1974 (19 U.S.C. 2317) is amended--
            (1) in subsection (a), by striking ``for each of'' 
        and all that follows through ``1998,'' and inserting 
        ``for the period beginning October 1, 1998, and ending 
        June 30, 1999,''; and
            (2) in subsection (b), by striking ``for each of'' 
        and all that follows through ``1998,'' and inserting 
        ``for the period beginning October 1, 1998, and ending 
        June 30, 1999,''.
    (b) NAFTA Transitional Program.--Section 250(d)(2) of the 
Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking 
``for any fiscal year shall not exceed $30,000,000'' and 
inserting ``for the period beginning October 1, 1998, and 
ending June 30, 1999, shall not exceed $15,000,000''.
    (c) Adjustment Assistance for Firms.--Section 256(b) of the 
Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking 
``for fiscal years'' and all that follows through ``1998'' and 
inserting ``for the period beginning October 1, 1998, and 
ending June 30, 1999''.
    (d) Termination.--Section 285(c) of the Trade Act of 1974 
(19 U.S.C. 2271 note preceding) is amended--
            (1) in paragraph (1), by striking ``September 30, 
        1998'' and inserting ``June 30, 1999''; and
            (2) in paragraph (2)(A), by striking ``the day that 
        is'' and all that follows through ``effective'' and 
        inserting ``June 30, 1999''.

                     TITLE II--OTHER TAX PROVISIONS

             Subtitle A--Provisions Relating to Individuals

SEC. 2001. NONREFUNDABLE PERSONAL CREDITS FULLY ALLOWED AGAINST REGULAR 
                    TAX LIABILITY DURING 1998.

    (a) In General.--Subsection (a) of section 26 is amended by 
adding at the end the following flush sentence:
``For purposes of paragraph (2), the taxpayer's tentative 
minimum tax for any taxable year beginning during 1998 shall be 
treated as being zero.''
    (b) Conforming Amendment.--Section 24(d)(2) is amended by 
striking ``The credit'' and inserting ``For taxable years 
beginning after December 31, 1998, the credit''.
    (c) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 1997.

SEC. 2002. 100 PERCENT DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
                    EMPLOYED INDIVIDUALS.

    (a) In General.--The table contained in subparagraph (B) of 
section 162(l)(1) (relating to special rules for health 
insurance costs of self-employed individuals) is amended to 
read as follows:

``For taxable years The applicable percentage is--
    1999 through 2001.........................................       60 
    2002......................................................       70 
    2003 and thereafter.......................................    100.''

      (b) Effective Date.--The amendment made by this section 
shall apply to taxable years beginning after December 31, 1998.

SEC. 2003. MODIFICATION OF ESTIMATED TAX SAFE HARBORS.

      (a) In General.--The table contained in clause (i) of 
section 6654(d)(1)(C) (relating to limitation on use of 
preceding year's tax) is amended by striking the item relating 
to 1998, 1999, or 2000 and inserting the following new items:

    ``1998....................................................      105 
    1999 or 2000..............................................    106''.

      (b) Effective Date.--The amendment made by this section 
shall apply with respect to any installment payment for taxable 
years beginning after December 31, 1999.

               Subtitle B--Provisions Relating to Farmers

SEC. 2011. INCOME AVERAGING FOR FARMERS MADE PERMANENT.

    Subsection (c) of section 933 of the Taxpayer Relief Act of 
1997 is amended by striking ``, and before January 1, 2001''.

SEC. 2012. PRODUCTION FLEXIBILITY CONTRACT PAYMENTS.

    (a) In General.--The options under paragraphs (2) and (3) 
of section 112(d) of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7212(d) (2) and (3)), as in effect 
on the date of the enactment of this Act, shall be disregarded 
in determining the taxable year for which any payment under a 
production flexibility contract under subtitle B of title I of 
such Act (as so in effect) is properly includible in gross 
income for purposes of the Internal Revenue Code of 1986.
    (b) Effective Date.--Subsection (a) shall apply to taxable 
years ending after December 31, 1995.

SEC. 2013. 5-YEAR NET OPERATING LOSS CARRYBACK FOR FARMING LOSSES.

    (a) In General.--Paragraph (1) of section 172(b) (relating 
to net operating loss deduction) is amended by adding at the 
end the following new subparagraph:
                    ``(G) Farming losses.--In the case of a 
                taxpayer which has a farming loss (as defined 
                in subsection (i)) for a taxable year, such 
                farming loss shall be a net operating loss 
                carryback to each of the 5 taxable years 
                preceding the taxable year of such loss.''.
    (b) Farming Loss.--Section 172 is amended by redesignating 
subsection (i) as subsection (j) and by inserting after 
subsection (h) the following new subsection:
    ``(i) Rules Relating to Farming Losses.--For purposes of 
this section--
            ``(1) In general.--The term `farming loss' means 
        the lesser of--
                    ``(A) the amount which would be the net 
                operating loss for the taxable year if only 
                income and deductions attributable to farming 
                businesses (as defined in section 263A(e)(4)) 
                are taken into account, or
                    ``(B) the amount of the net operating loss 
                for such taxable year.
            ``(2) Coordination with subsection (b)(2).--For 
        purposes of applying subsection (b)(2), a farming loss 
        for any taxable year shall be treated in a manner 
        similar to the manner in which a specified liability 
        loss is treated.
            ``(3) Election.--Any taxpayer entitled to a 5-year 
        carryback under subsection (b)(1)(G) from any loss year 
        may elect to have the carryback period with respect to 
        such loss year determined without regard to subsection 
        (b)(1)(G). Such election shall be made in such manner 
        as may be prescribed by the Secretary and shall be made 
        by the due date (including extensions of time) for 
        filing the taxpayer's return for the taxable year of 
        the net operating loss. Such election, once made for 
        any taxable year, shall be irrevocable for such taxable 
        year.''.
    (c) Coordination With Farm Disaster Losses.--Clause (ii) of 
section 172(b)(1)(F) is amended by adding at the end the 
following flush sentence:
                        ``Such term shall not include any 
                        farming loss (as defined in subsection 
                        (i)).''.
    (d) Effective Date.--The amendments made by this section 
shall apply to net operating losses for taxable years beginning 
after December 31, 1997.

                  Subtitle C--Miscellaneous Provisions

SEC. 2021. INCREASE IN VOLUME CAP ON PRIVATE ACTIVITY BONDS.

    (a) In General.--Subsection (d) of section 146 (relating to 
volume cap) is amended by striking paragraphs (1) and (2) and 
inserting the following new paragraphs:
            ``(1) In general.--The State ceiling applicable to 
        any State for any calendar year shall be the greater 
        of--
                    ``(A) an amount equal to the per capita 
                limit for such year multiplied by the State 
                population, or
                    ``(B) the aggregate limit for such year.
        Subparagraph (B) shall not apply to any possession of 
        the United States.
            ``(2) Per capita limit; aggregate limit.--For 
        purposes of paragraph (1), the per capita limit, and 
        the aggregate limit, for any calendar year shall be 
        determined in accordance with the following table:
      

  1999 through 2002......................                $50                            $150,000,000
  2003...................................                 55                             165,000,000
  2004...................................                 60                             180,000,000
  2005...................................                 65                             195,000,000
  2006...................................                 70                             210,000,000
  2007 and thereafter....................                 75                            225,000,000.''

    (b) Effective Date.--The amendment made by this section 
shall apply to calendar years after 1998.

SEC. 2022. DEPRECIATION STUDY.

    The Secretary of the Treasury (or the Secretary's 
delegate)--
            (1) shall conduct a comprehensive study of the 
        recovery periods and depreciation methods under section 
        168 of the Internal Revenue Code of 1986, and
            (2) not later than March 31, 2000, shall submit the 
        results of such study, together with recommendations 
        for determining such periods and methods in a more 
        rational manner, to the Committee on Ways and Means of 
        the House of Representatives and the Committee on 
        Finance of the Senate.

SEC. 2023. EXEMPTION FOR STUDENTS EMPLOYED BY STATE SCHOOLS, COLLEGES, 
                    OR UNIVERSITIES.

    (a) In General.--Notwithstanding section 218 of the Social 
Security Act, any agreement with a State (or any modification 
thereof) entered into pursuant to such section may, at the 
option of such State, be modified at any time on or after 
January 1, 1999, and on or before March 31, 1999, so as to 
exclude service performed in the employ of a school, college, 
or university if such service is performed by a student who is 
enrolled and is regularly attending classes at such school, 
college, or university.
    (b) Effective Date of Modification.--Any modification of an 
agreement pursuant to subsection (a) shall be effective with 
respect to services performed after June 30, 2000.
    (c) Irrevocability of Modification.--If any modification of 
an agreement pursuant to subsection (a) terminates coverage 
with respect to service performed in the employ of a school, 
college, or university, by a student who is enrolled and 
regularly attending classes at such school, college, or 
university, the Commissioner of Social Security and the State 
may not thereafter modify such agreement so as to again make 
the agreement applicable to such service performed in the 
employ of such school, college, or university.

                       TITLE III--REVENUE OFFSETS

SEC. 3001. TREATMENT OF CERTAIN DEDUCTIBLE LIQUIDATING DISTRIBUTIONS OF 
                    REGULATED INVESTMENT COMPANIES AND REAL ESTATE 
                    INVESTMENT TRUSTS.

    (a) In General.--Section 332 (relating to complete 
liquidations of subsidiaries) is amended by adding at the end 
the following new subsection:
    ``(c) Deductible Liquidating Distributions of Regulated 
Investment Companies and Real Estate Investment Trusts.--If a 
corporation receives a distribution from a regulated investment 
company or a real estate investment trust which is considered 
under subsection (b) as being in complete liquidation of such 
company or trust, then, notwithstanding any other provision of 
this chapter, such corporation shall recognize and treat as a 
dividend from such company or trust an amount equal to the 
deduction for dividends paid allowable to such company or trust 
by reason of such distribution.''.
    (b) Conforming Amendments.--
            (1) The material preceding paragraph (1) of section 
        332(b) is amended by striking ``subsection (a)'' and 
        inserting ``this section''.
            (2) Paragraph (1) of section 334(b) is amended by 
        striking ``section 332(a)'' and inserting ``section 
        332''.
    (c) Effective Date.--The amendments made by this section 
shall apply to distributions after May 21, 1998.
    (d) Assumptions.--In making the estimate required for this 
Act by section 252(d)(2) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, that part of the estimate that 
measures the change in receipts resulting from the amendments 
made by this section shall be based on the economic and 
technical assumptions underlying the supplemental summary of 
the budget for fiscal year 1999, submitted on May 26, 1998, 
pursuant to section 1106 of title 31, United States Code, 
notwithstanding section 252(d)(2)(B). All other parts of such 
estimate required by such section 252(d)(2) shall be made 
pursuant to the requirements of such section 252(d)(2)(B).

SEC. 3002. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.

    (a) In General.--Paragraph (1) of section 4132(a) (defining 
taxable vaccine) is amended by adding at the end the following 
new subparagraph:
                    ``(K) Any vaccine against rotavirus 
                gastroenteritis.''.
    (b) Effective Date.--
            (1) Sales.--The amendment made by this section 
        shall apply to sales after the date of the enactment of 
        this Act.
            (2) Deliveries.--For purposes of paragraph (1), in 
        the case of sales on or before the date of the 
        enactment of this Act for which delivery is made after 
        such date, the delivery date shall be considered the 
        sale date.

SEC. 3003. CLARIFICATION AND EXPANSION OF MATHEMATICAL ERROR ASSESSMENT 
                    PROCEDURES.

    (a) TIN Deemed Incorrect if Information on Return Differs 
With Agency Records.--Paragraph (2) of section 6213(g) 
(defining mathematical or clerical error) is amended by adding 
at the end the following flush sentence:
        ``A taxpayer shall be treated as having omitted a 
        correct TIN for purposes of the preceding sentence if 
        information provided by the taxpayer on the return with 
        respect to the individual whose TIN was provided 
        differs from the information the Secretary obtains from 
        the person issuing the TIN.''.
    (b) Expansion of Mathematical Error Procedures to Cases 
Where TIN Establishes Individual Not Eligible for Tax Credit.--
Paragraph (2) of section 6213(g) is amended by striking ``and'' 
at the end of subparagraph (J), by striking the period at the 
end of the subparagraph (K) and inserting ``, and'', and by 
inserting after subparagraph (K) the following new 
subparagraph:
                    ``(L) the inclusion on a return of a TIN 
                required to be included on the return under 
                section 21, 24, or 32 if--
                            ``(i) such TIN is of an individual 
                        whose age affects the amount of the 
                        credit under such section, and
                            ``(ii) the computation of the 
                        credit on the return reflects the 
                        treatment of such individual as being 
                        of an age different from the 
                        individual's age based on such TIN.''.
    (c) Effective Date.--The amendments made by this section 
shall apply to taxable years ending after the date of the 
enactment of this Act.

SEC. 3004. CLARIFICATION OF DEFINITION OF SPECIFIED LIABILITY LOSS.

    (a) In General.--Subparagraph (B) of section 172(f)(1) 
(defining specified liability loss) is amended to read as 
follows:
                    ``(B)(i) Any amount allowable as a 
                deduction under this chapter (other than 
                section 468(a)(1) or 468A(a)) which is in 
                satisfaction of a liability under a Federal or 
                State law requiring--
                            ``(I) the reclamation of land,
                            ``(II) the decommissioning of a 
                        nuclear power plant (or any unit 
                        thereof),
                            ``(III) the dismantlement of a 
                        drilling platform,
                            ``(IV) the remediation of 
                        environmental contamination, or
                            ``(V) a payment under any workers 
                        compensation act (within the meaning of 
                        section 461(h)(2)(C)(i)).
                    ``(ii) A liability shall be taken into 
                account under this subparagraph only if--
                            ``(I) the act (or failure to act) 
                        giving rise to such liability occurs at 
                        least 3 years before the beginning of 
                        the taxable year, and
                            ``(II) the taxpayer used an accrual 
                        method of accounting throughout the 
                        period or periods during which such act 
                        (or failure to act) occurred.''.
    (b) Effective Date.--The amendment made by this section 
shall apply to net operating losses arising in taxable years 
ending after the date of the enactment of this Act.

                    TITLE IV--TECHNICAL CORRECTIONS

SEC. 4001. DEFINITIONS; COORDINATION WITH OTHER TITLES.

    (a) Definitions.--For purposes of this title--
            (1) 1986 code.--The term ``1986 Code'' means the 
        Internal Revenue Code of 1986.
            (2) 1998 act.--The term ``1998 Act'' means the 
        Internal Revenue Service Restructuring and Reform Act 
        of 1998 (Public Law 105-206).
            (3) 1997 act.--The term ``1997 Act'' means the 
        Taxpayer Relief Act of 1997 (Public Law 105-34).
    (b) Coordination With Other Titles.--For purposes of 
applying the amendments made by any title of this division 
other than this title, the provisions of this title shall be 
treated as having been enacted immediately before the 
provisions of such other titles.

SEC. 4002. AMENDMENTS RELATED TO INTERNAL REVENUE SERVICE RESTRUCTURING 
                    AND REFORM ACT OF 1998.

    (a) Amendment Related to Section 1101 of 1998 Act.--
Paragraph (5) of section 6103(h) of the 1986 Code, as added by 
section 1101(b) of the 1998 Act, is redesignated as paragraph 
(6).
    (b) Amendment Related to Section 3001 of 1998 Act.--
Paragraph (2) of section 7491(a) of the 1986 Code is amended by 
adding at the end the following flush sentence:
        ``Subparagraph (C) shall not apply to any qualified 
        revocable trust (as defined in section 645(b)(1)) with 
        respect to liability for tax for any taxable year 
        ending after the date of the decedent's death and 
        before the applicable date (as defined in section 
        645(b)(2)).''.
    (c) Amendments Related to Section 3201 of 1998 Act.--
            (1) Section 7421(a) of the 1986 Code is amended by 
        striking ``6015(d)'' and inserting ``6015(e)''.
            (2) Subparagraph (A) of section 6015(e)(3) is 
        amended by striking ``of this section'' and inserting 
        ``of subsection (b) or (f)''.
    (d) Amendment Related to Section 3301 of 1998 Act.--
Paragraph (2) of section 3301(c) of the 1998 Act is amended by 
striking ``The amendments'' and inserting ``Subject to any 
applicable statute of limitation not having expired with regard 
to either a tax underpayment or a tax overpayment, the 
amendments''.
    (e) Amendment Related to Section 3401 of 1998 Act.--Section 
3401(c) of the 1998 Act is amended--
            (1) in paragraph (1), by striking ``7443(b)'' and 
        inserting ``7443A(b)''; and
            (2) in paragraph (2), by striking ``7443(c)'' and 
        inserting ``7443A(c)''.
    (f) Amendment Related to Section 3433 of 1998 Act.--Section 
7421(a) of the 1986 Code is amended by inserting ``6331(i),'' 
after ``6246(b),''.
    (g) Amendment Related to Section 3467 of 1998 Act.--The 
subsection (d) of section 6159 of the 1986 Code relating to 
cross reference is redesignated as subsection (e).
    (h) Amendment Related to Section 3708 of 1998 Act.--
Subparagraph (A) of section 6103(p)(3) of the 1986 Code is 
amended by inserting ``(f)(5),'' after ``(c), (e),''.
    (i) Amendments Related to Section 5001 of 1998 Act.--
            (1) Subparagraph (B) of section 1(h)(13) of the 
        1986 Code is amended by striking ``paragraph (7)(A)'' 
        and inserting ``paragraph (7)(A)(i)''.
            (2)(A) Subparagraphs (A)(i)(II), (A)(ii)(II), and 
        (B)(ii) of section 1(h)(13) of the 1986 Code shall not 
        apply to any distribution after December 31, 1997, by a 
        regulated investment company or a real estate 
        investment trust with respect to--
                    (i) gains and losses recognized directly by 
                such company or trust, and
                    (ii) amounts properly taken into account by 
                such company or trust by reason of holding 
                (directly or indirectly) an interest in another 
                such company or trust to the extent that such 
                subparagraphs did not apply to such other 
                company or trust with respect to such amounts.
            (B) Subparagraph (A) shall not apply to any 
        distribution which is treated under section 852(b)(7) 
        or 857(b)(8) of the 1986 Code as received on December 
        31, 1997.
            (C) For purposes of subparagraph (A), any amount 
        which is includible in gross income of its shareholders 
        under section 852(b)(3)(D) or 857(b)(3)(D) of the 1986 
        Code after December 31, 1997, shall be treated as 
        distributed after such date.
            (D)(i) For purposes of subparagraph (A), in the 
        case of a qualified partnership with respect to which a 
        regulated investment company meets the holding 
        requirement of clause (iii)--
                    (I) the subparagraphs referred to in 
                subparagraph (A) shall not apply to gains and 
                losses recognized directly by such partnership 
                for purposes of determining such company's 
                distributive share of such gains and losses, 
                and
                    (II) such company's distributive share of 
                such gains and losses (as so determined) shall 
                be treated as recognized directly by such 
                company.
        The preceding sentence shall apply only if the 
        qualified partnership provides the company with written 
        documentation of such distributive share as so 
        determined.
            (ii) For purposes of clause (i), the term 
        ``qualified partnership'' means, with respect to a 
        regulated investment company, any partnership if--
                    (I) the partnership is an investment 
                company registered under the Investment Company 
                Act of 1940,
                    (II) the regulated investment company is 
                permitted to invest in such partnership by 
                reason of section 12(d)(1)(E) of such Act or an 
                exemptive order of the Securities and Exchange 
                Commission under such section, and
                    (III) the regulated investment company and 
                the partnership have the same taxable year.
            (iii) A regulated investment company meets the 
        holding requirement of this clause with respect to a 
        qualified partnership if (as of January 1, 1998)--
                    (I) the value of the interests of the 
                regulated investment company in such 
                partnership is 35 percent or more of the value 
                of such company's total assets, or
                    (II) the value of the interests of the 
                regulated investment company in such 
                partnership and all other qualified 
                partnerships is 90 percent or more of the value 
                of such company's total assets.
            (3) Paragraph (13) of section 1(h) of the 1986 Code 
        is amended by adding at the end the following new 
        subparagraph:
                    ``(D) Charitable remainder trusts.--
                Subparagraphs (A) and (B)(ii) shall not apply 
                to any capital gain distribution made by a 
                trust described in section 664.''
    (j) Amendment Related to Section 7004 of 1998 Act.--Clause 
(i) of section 408A(c)(3)(C) of the 1986 Code, as amended by 
section 7004 of the 1998 Act, is amended by striking the period 
at the end of subclause (II) and inserting ``, and''.
    (k) Effective Date.--The amendments made by this section 
shall take effect as if included in the provisions of the 1998 
Act to which they relate.

SEC. 4003. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997.

    (a) Amendments Related to Section 202 of 1997 Act.--
            (1) Paragraph (2) of section 163(h) of the 1986 
        Code is amended by striking ``and'' at the end of 
        subparagraph (D), by striking the period at the end of 
        subparagraph (E) and inserting ``, and'', and by adding 
        at the end the following new subparagraph:
                    ``(F) any interest allowable as a deduction 
                under section 221 (relating to interest on 
                educational loans).''
            (2)(A) Subparagraph (C) of section 221(b)(2) of the 
        1986 Code is amended--
                    (i) by striking ``135, 137,'' in clause 
                (i),
                    (ii) by inserting ``135, 137,'' after 
                ``sections 86,'' in clause (ii), and
                    (iii) by striking the last sentence.
            (B) Sections 86(b)(2)(A), 135(c)(4)(A), and 
        219(g)(3)(A)(ii) of the 1986 Code are each amended by 
        inserting ``221,'' after ``137,''.
            (C) Subparagraph (A) of section 137(b)(3) of the 
        1986 Code is amended by inserting ``221,'' before 
        ``911,''.
            (D) Clause (iii) of section 469(i)(3)(E) of the 
        1986 Code is amended to read as follows:
                            ``(iii) the amounts allowable as a 
                        deduction under sections 219 and 221, 
                        and''.
            (3) The last sentence of section 221(e)(1) of the 
        1986 Code is amended by inserting before the period 
        ``or to any person by reason of a loan under any 
        qualified employer plan (as defined in section 
        72(p)(4)) or under any contract referred to in section 
        72(p)(5)''.
    (b) Provision Related to Section 311 of 1997 Act.--In the 
case of any capital gain distribution made after 1997 by a 
trust to which section 664 of the 1986 Code applies with 
respect to amounts properly taken into account by such trust 
during 1997, paragraphs (5)(A)(i)(I), (5)(A)(ii)(I), and 
(13)(A) of section 1(h) of the 1986 Code (as in effect for 
taxable years ending on December 31, 1997) shall not apply.
    (c) Amendment Related to Section 506 of 1997 Act.--Section 
2001(f)(2) of the 1986 Code is amended by adding at the end the 
following:
        ``For purposes of subparagraph (A), the value of an 
        item shall be treated as shown on a return if the item 
        is disclosed in the return, or in a statement attached 
        to the return, in a manner adequate to apprise the 
        Secretary of the nature of such item.''.
    (d) Amendments Related to Section 904 of 1997 Act.--
            (1) Paragraph (1) of section 9510(c) of the 1986 
        Code is amended to read as follows:
            ``(1) In general.--Amounts in the Vaccine Injury 
        Compensation Trust Fund shall be available, as provided 
        in appropriation Acts, only for--
                    ``(A) the payment of compensation under 
                subtitle 2 of title XXI of the Public Health 
                Service Act (as in effect on August 5, 1997) 
                for vaccine-related injury or death with 
                respect to any vaccine--
                            ``(i) which is administered after 
                        September 30, 1988, and
                            ``(ii) which is a taxable vaccine 
                        (as defined in section 4132(a)(1)) at 
                        the time compensation is paid under 
                        such subtitle 2, or
                    ``(B) the payment of all expenses of 
                administration (but not in excess of $9,500,000 
                for any fiscal year) incurred by the Federal 
                Government in administering such subtitle.''.
            (2) Section 9510(b) of the 1986 Code is amended by 
        adding at the end the following new paragraph:
            ``(3) Limitation on transfers to vaccine injury 
        compensation trust fund.--No amount may be appropriated 
        to the Vaccine Injury Compensation Trust Fund on and 
        after the date of any expenditure from the Trust Fund 
        which is not permitted by this section. The 
        determination of whether an expenditure is so permitted 
        shall be made without regard to--
                    ``(A) any provision of law which is not 
                contained or referenced in this title or in a 
                revenue Act, and
                    ``(B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of 
                this paragraph.''.
    (e) Amendments Related to Section 915 of 1997 Act.--
            (1) Section 915(b) of the 1997 Act is amended by 
        inserting ``or 1998'' after ``1997''.
            (2) Paragraph (2) of section 6404(h) of the 1986 
        Code is amended by inserting ``Robert T. Stafford'' 
        before ``Disaster''.
    (f) Amendments Related to Section 1012 of 1997 Act.--
            (1) Paragraph (2) of section 351(c) of the 1986 
        Code, as amended by section 6010(c) of the 1998 Act, is 
        amended by inserting ``, or the fact that the 
        corporation whose stock was distributed issues 
        additional stock,'' after ``dispose of part or all of 
        the distributed stock''.
            (2) Clause (ii) of section 368(a)(2)(H) of the 1986 
        Code, as amended by section 6010(c) of the 1998 Act, is 
        amended by inserting ``, or the fact that the 
        corporation whose stock was distributed issues 
        additional stock,'' after ``dispose of part or all of 
        the distributed stock''.
    (g) Provision Related to Section 1042 of 1997 Act.--Rules 
similar to the rules of section 1.1502-75(d)(5) of the Treasury 
Regulations shall apply with respect to any organization 
described in section 1042(b) of the 1997 Act.
    (h) Amendment Related to Section 1082 of 1997 Act.--
Subparagraph (F) of section 172(b)(1) of the 1986 Code is 
amended by adding at the end the following new clause:
                            ``(iv) Coordination with paragraph 
                        (2).--For purposes of applying 
                        paragraph (2), an eligible loss for any 
                        taxable year shall be treated in a 
                        manner similar to the manner in which a 
                        specified liability loss is treated.''
    (i) Amendment Related to Section 1084 of 1997 Act.--
Paragraph (3) of section 264(f) of the 1986 Code is amended by 
adding at the end the following flush sentence:
        ``If the amount described in subparagraph (A) with 
        respect to any policy or contract does not reasonably 
        approximate its actual value, the amount taken into 
        account under subparagraph (A) shall be the greater of 
        the amount of the insurance company liability or the 
        insurance company reserve with respect to such policy 
        or contract (as determined for purposes of the annual 
        statement approved by the National Association of 
        Insurance Commissioners) or shall be such other amount 
        as is determined by the Secretary.''
    (j) Amendment Related to Section 1175 of 1997 Act.--
Subparagraph (C) of section 954(e)(2) of the 1986 Code is 
amended by striking ``subsection (h)(8)'' and inserting 
``subsection (h)(9)''.
    (k) Amendment Related to Section 1205 of 1997 Act.--
Paragraph (2) of section 6311(d) of the 1986 Code is amended by 
striking ``under such contracts'' inthe last sentence and 
inserting ``under any such contract for the use of credit, debit, or 
charge cards for the payment of taxes imposed by subtitle A''.
    (l) Effective Date.--The amendments made by this section 
shall take effect as if included in the provisions of the 1997 
Act to which they relate.

SEC. 4004. AMENDMENTS RELATED TO TAX REFORM ACT OF 1984.

    (a) In General.--Subparagraph (C) of section 172(d)(4) of 
the 1986 Code is amended to read as follows:
                    ``(C) any deduction for casualty or theft 
                losses allowable under paragraph (2) or (3) of 
                section 165(c) shall be treated as attributable 
                to the trade or business; and''.
    (b) Conforming Amendments.--
            (1) Paragraph (3) of section 67(b) of the 1986 Code 
        is amended by striking ``for losses described in 
        subsection (c)(3) or (d) of section 165'' and inserting 
        ``for casualty or theft losses described in paragraph 
        (2) or (3) of section 165(c) or for losses described in 
        section 165(d)''.
            (2) Paragraph (3) of section 68(c) of the 1986 Code 
        is amended by striking ``for losses described in 
        subsection (c)(3) or (d) of section 165'' and inserting 
        ``for casualty or theft losses described in paragraph 
        (2) or (3) of section 165(c) or for losses described in 
        section 165(d)''.
            (3) Paragraph (1) of section 873(b) is amended to 
        read as follows:
            ``(1) Losses.--The deduction allowed by section 165 
        for casualty or theft losses described in paragraph (2) 
        or (3) of section 165(c), but only if the loss is of 
        property located within the United States.''
    (c) Effective Dates.--
            (1) The amendments made by subsections (a) and 
        (b)(3) shall apply to taxable years beginning after 
        December 31, 1983.
            (2) The amendment made by subsection (b)(1) shall 
        apply to taxable years beginning after December 31, 
        1986.
            (3) The amendment made by subsection (b)(2) shall 
        apply to taxable years beginning after December 31, 
        1990.

SEC. 4005. AMENDMENTS RELATED TO URUGUAY ROUND AGREEMENTS ACT.

    (a) Inapplicability of Assignment Prohibition.--Section 207 
of the Social Security Act (42 U.S.C. 407) is amended by adding 
at the end the following new subsection:
    ``(c) Nothing in this section shall be construed to 
prohibit withholding taxes from any benefit under this title, 
if such withholding is done pursuant to a request made in 
accordance with section 3402(p)(1) of the Internal Revenue Code 
of 1986 by the person entitled to such benefit or such person's 
representative payee.''.
    (b) Proper Allocation of Costs of Withholding Between the 
Trust Funds and the General Fund.--Section 201(g) of such Act 
(42 U.S.C. 401(g)) is amended--
            (1) by inserting before the period in paragraph 
        (1)(A)(ii) the following: ``and the functions of the 
        Social Security Administration in connection with the 
        withholding of taxes from benefits, as described in 
        section 207(c), pursuant to requests by persons 
        entitled to such benefits or such persons' 
        representative payee'';
            (2) by inserting before the period at the end of 
        paragraph (1)(A) the following: ``and the functions of 
        the Social Security Administration in connection with 
        the withholding of taxes from benefits, as described in 
        section 207(c), pursuant to requests by persons 
        entitled to such benefits or such persons' 
        representative payee'';
            (3) in paragraph (1)(B)(i)(I), by striking 
        ``subparagraph (A)),'' and inserting ``subparagraph 
        (A)) and the functions of the Social Security 
        Administration in connection with the withholding of 
        taxes from benefits, as described in section 207(c), 
        pursuant to requests by persons entitled to such 
        benefits or such persons' representative payee,'';
            (4) in paragraph (1)(C)(iii), by inserting before 
        the period the following: ``and the functions of the 
        Social Security Administration in connection with the 
        withholding of taxes from benefits, as described in 
        section 207(c), pursuant to requests by persons 
        entitled to such benefits or such persons' 
        representative payee'';
            (5) in paragraph (1)(D), by inserting after 
        ``section 232'' the following: ``and the functions of 
        the Social Security Administration in connection with 
        the withholding of taxes from benefits as described in 
        section 207(c)''; and
            (6) in paragraph (4), by inserting after the first 
        sentence the following: ``The Board of Trustees of such 
        Trust Funds shall prescribe the method of determining 
        the costs which should be borne by the general fund in 
        the Treasury of carrying out the functions of the 
        Social Security Administration in connection with the 
        withholding of taxes from benefits, as described in 
        section 207(c), pursuant to requests by persons 
        entitled to such benefits or such persons' 
        representative payee.''.
    (c) Effective Date.--The amendments made by subsection (b) 
shall apply to benefits paid on or after the first day of the 
second month beginning after the month in which this Act is 
enacted.

SEC. 4006. OTHER AMENDMENTS.

    (a) Amendments Related to Section 6103 of 1986 Code.--
            (1) Subsection (j) of section 6103 of the 1986 Code 
        is amended by adding at the end the following new 
        paragraph:
            ``(5) Department of agriculture.--Upon request in 
        writing by the Secretary of Agriculture, the Secretary 
        shall furnish such returns, or return information 
        reflected thereon, as the Secretary may prescribe by 
        regulation to officers and employees of the Department 
        of Agriculture whose official duties require access to 
        such returns or information for the purpose of, but 
        only to the extent necessary in, structuring, 
        preparing, and conducting the census of agriculture 
        pursuant to the Census of Agriculture Act of 1997 
        (Public Law 105-113).''.
            (2) Paragraph (4) of section 6103(p) of the 1986 
        Code is amended by striking ``(j)(1) or (2)'' in the 
        material preceding subparagraph (A) and in subparagraph 
        (F) and inserting ``(j)(1), (2), or (5)''.
            (3) The amendments made by this subsection shall 
        apply to requests made on or after the date of the 
        enactment of this Act.
    (b) Amendment Related to Section 9004 of Transportation 
Equity Act for the 21st Century.--
            (1) Paragraph (2) of section 9503(f) of the 1986 
        Code is amended to read as follows:
            ``(2) notwithstanding section 9602(b), obligations 
        held by such Fund after September 30, 1998, shall be 
        obligations of the United States which are not 
        interest-bearing.''
            (2) The amendment made by paragraph (1) shall take 
        effect on October 1, 1998.
    (c) Clerical Amendments.--
            (1) Clause (i) of section 51(d)(6)(B) of the 1986 
        Code is amended by striking ``rehabilitation plan'' and 
        inserting ``plan for employment''. The reference to 
        ``plan for employment'' in such clause shall be treated 
        as including a reference to the rehabilitation plan 
        referred to in such clause as in effect before the 
        amendment made by the preceding sentence.
            (2) Paragraph (3) of section 56(a) of the 1986 Code 
        is amended by striking ``section 460(b)(2)'' and 
        inserting ``section 460(b)(1)'' and by striking 
        ``section 460(b)(4)'' and inserting ``section 
        460(b)(3)''.
            (3) Paragraph (10) of section 2031(c) of the 1986 
        Code is amended by striking ``section 2033A(e)(3)'' and 
        inserting ``section 2057(e)(3)''.
            (4) Subparagraphs (C) and (D) of section 6693(a)(2) 
        of the 1986 Code are each amended by striking 
        ``Section'' and inserting ``section''.

                  TITLE V--MEDICARE-RELATED PROVISIONS

                        Subtitle A--Home Health

SEC. 5101. INCREASE IN PER BENEFICIARY LIMITS AND PER VISIT PAYMENT 
                    LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES.

    (a) Increase in Per Beneficiary Limits.--Section 
1861(v)(1)(L) of the Social Security Act (42 U.S.C. 
1395x(v)(1)(L)) is amended--
            (1) in the first sentence of clause (v), by 
        inserting ``subject to clause (viii)(I),'' before ``the 
        Secretary'';
            (2) in clause (vi)(I), by inserting ``subject to 
        clauses (viii)(II) and (viii)(III)'' after ``fiscal 
        year 1994''; and
            (3) by adding at the end the following new clause:
    ``(viii)(I) In the case of a provider with a 12-month cost 
reporting period ending in fiscal year 1994, if the limit 
imposed under clause (v) (determined without regard to this 
subclause) for a cost reporting period beginning during or 
after fiscal year 1999 is less than the median described in 
clause (vi)(I) (but determined as if any reference in clause 
(v) to `98 percent' were a reference to `100 percent'), the 
limit otherwise imposed under clause (v) for such provider and 
period shall be increased by \1/3\ of such difference.
    ``(II) Subject to subclause (IV), for new providers and 
those providers without a 12-month cost reporting period ending 
in fiscal year 1994, but for which the first cost reporting 
period begins before fiscal year 1999, for cost reporting 
periods beginning during or after fiscal year 1999, the per 
beneficiary limitation described in clause (vi)(I) shall be 
equal to the median described in such clause (determined as if 
any reference in clause (v) to `98 percent' were a reference to 
`100 percent').
    ``(III) Subject to subclause (IV), in the case of a new 
provider for which the first cost reporting period begins 
during or after fiscal year 1999, the limitation applied under 
clause (vi)(I) (but only with respect to such provider) shall 
be equal to 75 percent of the median described in clause 
(vi)(I).
    ``(IV) In the case of a new provider or a provider without 
a 12-month cost reporting period ending in fiscal year 1994, 
subclause (II) shall apply, instead of subclause (III), to a 
home health agency which filed an application for home health 
agency provider status under this title before September 15, 
1998, or which was approved as a branch of its parent agency 
before such date and becomes a subunit of the parent agency or 
a separate agency on or after such date.
    ``(V) Each of the amounts specified in subclauses (I) 
through (III) are such amounts as adjusted under clause (iii) 
to reflect variations in wages among different areas.''.
    (b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) 
of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended--
            (1) in subclause (III), by striking ``or'';
            (2) in subclause (IV)--
                    (A) by inserting ``and before October 1, 
                1998,'' after ``October 1, 1997,''; and
                    (B) by striking the period at the end and 
                inserting ``, or''; and
            (3) by adding at the end the following new 
        subclause:
            ``(V) October 1, 1998, 106 percent of such 
        median.''.
    (c) One-Year Delay in 15 Percent Reduction in Payment 
Limits; Change in Timing of Implementation of Prospective 
Payment System.--
            (1) Prospective payment system.--Section 1895 of 
        such Act (42 U.S.C. 1395fff) is amended--
                    (A) in subsection (a), by striking ``for 
                cost reporting periods beginning on or after 
                October 1, 1999'' and inserting ``for portions 
                of cost reporting periods occurring on or after 
                October 1, 2000''; and
                    (B) in subsection (b)(3)--
                            (i) in subparagraph (A)(i), by 
                        striking ``fiscal year 2000'' and 
                        inserting ``fiscal year 2001'';
                            (ii) in subparagraph (A)(ii), by 
                        striking ``September 30, 1999'' and 
                        inserting ``September 30, 2000''; and
                            (iii) in subparagraph (B)(i), by 
                        striking ``fiscal year 2001'' and 
                        inserting ``fiscal year 2002''.
            (2) Change in effective date.--Section 4603(d) of 
        the Balanced Budget Act of 1997 (42 U.S.C. 1395fff 
        note) is amended by striking ``cost reporting periods 
        beginning on or after October 1, 1999'' and inserting 
        ``portions of cost reporting periods occurring on or 
        after October 1, 2000''.
            (3) Contingency reduction.--Section 4603(e) of the 
        Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is 
        amended--
                    (A) by striking ``cost reporting periods 
                described in subsection (d), for such cost 
                reporting periods'' and inserting ``portions of 
                cost reporting periods described in subsection 
                (d), for such portions''; and
                    (B) by striking ``September 30, 1999'' and 
                inserting ``September 30, 2000''.
    (d) Change in Home Health Market Basket Increase.--
            (1) Interim payment system.--Section 1861(v)(1)(L) 
        of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), 
        as amended by subsection (a)(3), is amended by adding 
        at the end the following:
    ``(ix) Notwithstanding any other provision of this 
subparagraph, in updating any limit under this subparagraph by 
a home health market basket index for cost reporting periods 
beginning during each of fiscal years 2000, 2001, 2002, and 
2003, the update otherwise provided shall be reduced by 1.1 
percentage points.''.
            (2) Prospective payment system.--Section 
        1895(b)(3)(B) of such Act (42 U.S.C. 1395fff(b)(3)(B)) 
        is amended--
                    (A) in clause (i), by striking ``home 
                health market basket percentage increase'' and 
                inserting ``home health applicable increase 
                percentage (as defined in clause (ii))'';
                    (B) by redesignating clause (ii) as clause 
                (iii); and
                    (C) by inserting after clause (i) the 
                following:
                            ``(ii) Home health applicable 
                        increase percentage.--For purposes of 
                        this subparagraph, the term `home 
                        health applicable increase percentage' 
                        means, with respect to--
                                    ``(I) fiscal year 2002 or 
                                2003, the home health market 
                                basket percentage increase (as 
                                defined in clause (iii)) minus 
                                1.1 percentage points; or
                                    ``(II) any subsequent 
                                fiscal year, the home health 
                                market basket percentage 
                                increase.''.
    (e) Exclusion of Additional Part B Costs From Determination 
of Part B Monthly Premium.--Section 1839 of such Act (42 U.S.C. 
1395r) is amended--
            (1) in subsection (a)(3), by inserting ``(except as 
        provided in subsection (g))'' after ``year that''; and
            (2) by adding at the end the following new 
        subsection:
    ``(g) In estimating the benefits and administrative costs 
which will be payable from the Federal Supplementary Medical 
Insurance Trust Fund for a year for purposes of determining the 
monthly premium rate under subsection (a)(3), the Secretary 
shall exclude an estimate of any benefits and administrative 
costs attributable to the application of section 
1861(v)(1)(L)(viii) or to the establishment under section 
1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent of the 
median (instead of 105 percent of the median), but only to the 
extent payment for home health services under this title is not 
being made undersection 1895 (relating to prospective payment 
for home health services).''.
    (f) Reports on Summary of Research Conducted by the 
Secretary on the Prospective Payment System.--By not later than 
January 1, 1999, the Secretary of Health and Human Services 
shall submit to Congress a report on the following matters:
            (1) Research.--A description of any research paid 
        for by the Secretary on the development of a 
        prospective payment system for home health services 
        furnished under the medicare program under title XVIII 
        of the Social Security Act, and a summary of the 
        results of such research.
            (2) Schedule for implementation of system.--The 
        Secretary's schedule for the implementation of the 
        prospective payment system for home health services 
        under section 1895 of the Social Security Act (42 
        U.S.C. 1395fff).
    (g) MedPAC Reports.--
            (1) Review of secretary's report.--Not later than 
        60 days after the date the Secretary of Health and 
        Human Services submits to Congress the report under 
        subsection (f), the Medicare Payment Advisory 
        Commission (established under section 1805 of the 
        Social Security Act (42 U.S.C. 1395b-6)) shall submit 
        to Congress a report describing the Commission's 
        analysis of the Secretary's report, and shall include 
        the Commission's recommendations with respect to the 
        matters contained in such report.
            (2) Annual report.--The Commission shall include in 
        its annual report to Congress for June 1999 an analysis 
        of whether changes in law made by the Balanced Budget 
        Act of 1997, as modified by the amendments made by this 
        section, with respect to payments for home health 
        services furnished under the medicare program under 
        title XVIII of the Social Security Act, impede access 
        to such services by individuals entitled to benefits 
        under such program.
    (h) GAO Audit of Research Expenditures.--The Comptroller 
General of the United States shall conduct an audit of sums 
obligated or expended by the Health Care Financing 
Administration for the research described in subsection (f)(1), 
and of the data, reports, proposals, or other information 
provided by such research.
    (i) Prompt Implementation.--
            (1) In general.--The Secretary of Health and Human 
        Services shall promptly issue (without regard to 
        chapter 8 of title 5, United States Code) such 
        regulations or program memoranda as may be necessary to 
        effect the amendments made by this section for cost 
        reporting periods beginning during fiscal year 1999.
            (2) Use of payment amounts and limits from 
        published tables.--
                    (A) Per beneficiary limits.--In effecting 
                the amendments made by subsection (a) for cost 
                reporting periods beginning in fiscal year 
                1999, the ``median'' referred to in section 
                1861(v)(1)(L)(vi)(I) of the Social Security Act 
                for such periods shall be the national 
                standardized per beneficiary limitation 
                specified in Table 3C published in the Federal 
                Register on August 11, 1998 (63 FR 42926) and 
                the ``standardized regional average of such 
                costs'' referred to in section 
                1861(v)(1)(L)(v)(I) of such Act for a census 
                division shall be the sum of the labor and 
                nonlabor components of the standardized per 
                beneficiary limitation for that census division 
                specified in Table 3B published in the Federal 
                Register on that date (63 FR 42926) (or in 
                Table 3D as so published with respect to Puerto 
                Rico and Guam), and adjusted to reflect 
                variations in wages among different geographic 
                areas as specified in Tables 4a and 4b 
                published in the Federal Register on that date 
                (63 FR 42926-42933).
                    (B) Per visit limits.--In effecting the 
                amendments made by subsection (b) for cost 
                reporting periods beginning in fiscal year 
                1999, the limits determined under section 
                1861(v)(1)(L)(i)(V) of such Act for cost 
                reporting periods beginning during such fiscal 
                year shall be equal to the per visit limits as 
                specified in Table 3A published in the Federal 
                Register on August 11, 1998 (63 FR 42925) and 
                as subsequently corrected, multiplied by \106/
                105\, and adjusted to reflect variations in 
                wages among different geographic areas as 
                specified in Tables 4a and 4b published in the 
                Federal Register on August 11, 1998 (63 FR 
                42926-42933).

             Subtitle B--Other Medicare-Related Provisions

SEC. 5201. AUTHORIZATION OF ADDITIONAL EXCEPTIONS TO IMPOSITION OF 
                    PENALTIES FOR PROVIDING INDUCEMENTS TO 
                    BENEFICIARIES.

    (a) In General.--Subparagraph (B) of section 1128A(i)(6) of 
the Social Security Act (42 U.S.C. 1320a-7a(i)(6)) is amended 
to read as follows:
                    ``(B) subject to subsection (n), any 
                permissible practice described in any 
                subparagraph of section 1128B(b)(3) or in 
                regulations issued by the Secretary;''.
    (b) Special Provisions Concerning a Safe Harbor for Payment 
of Medigap Premiums of ESRD Beneficiaries.--
            (1) 2-year limitation.--Section 1128A of such Act 
        (42 U.S.C. 1320a-7a) is amended by adding at the end 
        the following:
    ``(n)(1) Subparagraph (B) of subsection (i)(6) shall not 
apply to a practice described in paragraph (2) unless--
            ``(A) the Secretary, through the Inspector General 
        of the Department of Health and Human Services, 
        promulgates a rule authorizing such a practice as an 
        exception to remuneration; and
            ``(B) the remuneration is offered or transferred by 
        a person under such rule during the 2-year period 
        beginning on the date the rule is first promulgated.
    ``(2) A practice described in this paragraph is a practice 
under which a health care provider or facility pays, in whole 
or in part, premiums for medicare supplemental policies for 
individuals entitled to benefits under part A of title XVIII 
pursuant to section 226A.''.
            (2) GAO study and report on impact of safe harbor 
        on medigap policies.--If a permissible practice is 
        promulgated under section 1128A(n)(1)(A) of the Social 
        Security Act (as added by paragraph (1)), the 
        Comptroller General of the United States shall conduct 
        a study that compares any disproportionate impact on 
        specific issuers of medicare supplemental policies 
        (including the impact on premiums for non-ESRD medicare 
        beneficiaries enrolled in such policies) due to adverse 
        selection in enrolling medicare ESRD beneficiaries 
        before the enactment of the Health Insurance 
        Portability and Accountability Act of 1996 and 1 year 
        after the date of promulgation of such permissible 
        practice under section 1128A(n)(1)(A) of the Social 
        Security Act. Not later than 18 months after the date 
        of promulgation of such practice, the Comptroller 
        General shall submit a report to Congress on such study 
        and shall include in the report recommendations 
        concerning whether the time limitation imposed under 
        section 1128A(n)(1)(B) of such Act should be extended.
    (c) Extension of Advisory Opinion Authority.--Section 
1128D(b)(2)(A) of such Act (42 U.S.C. 1320a-7d(b)(2)(A)) is 
amended by inserting ``or section 1128A(i)(6)'' after 
``1128B(b)''.
    (d) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.
    (e) Interim Final Rulemaking Authority.--The Secretary of 
Health and Human Services may promulgate regulations that take 
effect on an interim basis, after notice and pending 
opportunity for public comment, in order to implement the 
amendments made by this section in a timely manner.

SEC. 5202. EXPANSION OF MEMBERSHIP OF MEDPAC TO 17.

    (a) In General.--Section 1805(c)(1) of the Social Security 
Act (42 U.S.C. 1395b-6(c)(1)), as added by section 4022 of the 
Balanced Budget Act of 1997, is amended by striking ``15'' and 
inserting ``17''.
    (b) Initial Terms of Additional Members.--
            (1) In general.--For purposes of staggering the 
        initial terms of members of the Medicare Payment 
        Advisory Commission (under section 1805(c)(3) of such 
        Act (42 U.S.C. 1395b-6(c)(3)), the initial terms of the 
        two additional members of the Commission provided for 
        by the amendment under subsection (a) are as follows:
                    (A) One member shall be appointed for one 
                year.
                    (B) One member shall be appointed for two 
                years.
            (2) Commencement of terms.--Such terms shall begin 
        on May 1, 1999.

                      Subtitle C--Revenue Offsets

SEC. 5301. TAX TREATMENT OF CASH OPTION FOR QUALIFIED PRIZES.

    (a) In General.--Section 451 (relating to taxable year for 
which items of gross income included) is amended by adding at 
the end the following new subsection:
    ``(h) Special Rule for Cash Options For Receipt of 
Qualified Prizes.--
            ``(1) In general.--For purposes of this title, in 
        the case of an individual on the cash receipts and 
        disbursements method of accounting, a qualified prize 
        option shall be disregarded in determining the taxable 
        year for which any portion of the qualifiedprize is 
properly includible in gross income of the taxpayer.
            ``(2) Qualified prize option; qualified prize.--For 
        purposes of this subsection--
                    ``(A) In general.--The term `qualified 
                prize option' means an option which--
                            ``(i) entitles an individual to 
                        receive a single cash payment in lieu 
                        of receiving a qualified prize (or 
                        remaining portion thereof), and
                            ``(ii) is exercisable not later 
                        than 60 days after such individual 
                        becomes entitled to the qualified 
                        prize.
                    ``(B) Qualified prize.--The term `qualified 
                prize' means any prize or award which--
                            ``(i) is awarded as a part of a 
                        contest, lottery, jackpot, game, or 
                        other similar arrangement,
                            ``(ii) does not relate to any past 
                        services performed by the recipient and 
                        does not require the recipient to 
                        perform any substantial future service, 
                        and
                            ``(iii) is payable over a period of 
                        at least 10 years.
            ``(3) Partnership, etc.--The Secretary shall 
        provide for the application of this subsection in the 
        case of a partnership or other pass-through entity 
        consisting entirely of individuals described in 
        paragraph (1).''
    (b) Effective Date.--
            (1) In general.--The amendment made by this section 
        shall apply to any prize to which a person first 
        becomes entitled after the date of enactment of this 
        Act.
            (2) Transition rule.--The amendment made by this 
        section shall apply to any prize to which a person 
        first becomes entitled on or before the date of 
        enactment of this Act, except that in determining 
        whether an option is a qualified prize option as 
        defined in section 451(h)(2)(A) of the Internal Revenue 
        Code of 1986 (as added by such amendment)--
                    (A) clause (ii) of such section 
                451(h)(2)(A) shall not apply, and
                    (B) such option shall be treated as a 
                qualified prize option if it is exercisable 
                only during all or part of the 18-month period 
                beginning on July 1, 1999.

                  DIVISION K--PAY-AS-YOU-GO PROVISION

    Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the Joint Explanatory Statement of the 
Committee of Conference accompanying Conference Report No. 105-
217, legislation in section 103 of Division A and in divisions 
C through J of this Act that would have been estimated by the 
Office of Management and Budget as changing direct spending or 
receipts under section 252 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 were it included in an Act other 
than an appropriation Act shall be treated as direct spending 
or receipts legislation, as appropriate, under section 252 of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

   This Act may be cited as the ``Omnibus Consolidated and Emergency 
                Supplemental Appropriations Act, 1999''.

      And amend the title to read as follows:
      An Act making omnibus consolidated and emergency 
appropriations for the fiscal year ending September 30, 1999, 
and for other purposes.
      And the Senate agree to the same.
                                   Tom DeLay,
                                   Ralph Regula,
                                   Harold Rogers,
                                   Ron Packard,
                                   S. Callahan,
                                   Todd Tiahrt,
                                   Robert Aderholt,
                                   Bob Livingston,
                                   Martin Olav Sabo,
                                   Esteban E. Torres,
                                   John W. Olver,
                                   Ed Pastor,
                                   Bud Cramer,
                                   Dave Obey,
                                 Managers on the Part of the House.

                                   Richard Shelby,
                                   Pete V. Domenici,
                                   Robert F. Bennett,
                                   Ted Stevens,
                                   Frank R. Lautenberg,
                                   Robert C. Byrd
                                   (with the exception of certain 
                                       leadership legislative riders),
                                   Harry Reid,
                                   Patty Murray,
                                   Daniel K. Inouye,
                                Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and Senate at the 
conference on the disagreeing votes of the two Houses on the 
amendment of the Senate to the bill (H.R. 4328) making 
appropriations for the Department of Transportation and Related 
Agencies Appropriations Act, 1999, for the fiscal year ending 
September 30, 1999, and for other purposes, submit the 
following joint statement to the House and the Senate in 
explanation of the effects of the action agreed upon by the 
managers and recommended in the accompanying report.
      The composition of this conference agreement includes 
more than the Department of Transportation and Related Agencies 
Appropriations Act for fiscal year 1999. While the House 
version of H.R. 4328 and the Senate amendment in the nature of 
a substitute dealt only with transportation appropriations, the 
conference report was expanded to include other matters, most 
significantly, other fiscal year 1999 appropriations for other 
departments and agencies. These appropriations are included in 
division A of this conference agreement and are organized in 
groupings as they would have been had they been enacted in 
their regular appropriations act.
      Since this conference agreement is expanded to include 
matters beyond those relating to the Department of 
Transportation and Related Agencies Appropriations Act, the 
title of the bill is amended to reflect this expansion.

     SECTION 101(a): AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

      The conferees on H.R. 4101 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the differences in the House and Senate 
versions of H.R. 4101, the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations 
Act, 1999, by members of the appropriations subcommittee of 
both the House and Senate with jurisdiction over H.R. 4101.

                        Congressional Directives

      The statement of the managers remains silent on 
provisions that were in both the House and Senate bills that 
remain unchanged by this conference agreement, except as noted 
in this statement of the managers.
      The conferees agree that executive branch wishes cannot 
substitute for Congress' own statements as to the best evidence 
of congressional intentions--that is, the official reports of 
the Congress. The conferees further point out that funds in 
this Act must be used for the purposes for which appropriated, 
as required by section 1301 of title 31 of the United States 
Code, which provides: ``Appropriations shall be applied only to 
the objects for which the appropriations were made except as 
otherwise provided by law.''
      The House and Senate report language that is not changed 
by the conference is approved by the committee of conference. 
The statement of the managers, while repeating some report 
language for emphasis, does not intend to negate the language 
referred to above unless expressly provided herein.

                         food safety initiative

      Funding for Food Safety is of critical importance to the 
conferees and, accordingly, it has been given high priority. 
The conferees note that many of the activities described under 
the President's Food Safety Initiative have been funded for 
many years. The President's budget request, which assumes the 
collection of user fees that have not been authorized, further 
complicates the process.
      The following table reflects funding increases for 
activities identified under the Food Safety Initiative:

Food and Drug Administration............................     $25,000,000
Food Safety and Inspection Service......................      16,467,000
Office of the Chief Economist...........................          98,000
Economic Research Service...............................         453,000
Food and Nutrition Service..............................       2,000,000
Cooperative State Research, Education and Extension 
    Service.............................................      16,000,000
Agricultural Research Service...........................      12,370,000
Agricultural Marketing Service..........................       2,831,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     $75,219,000

                     TITLE I--AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

      The conference agreement provides $2,836,000 for the 
Office of the Secretary as proposed by the Senate instead of 
$2,941,000 as proposed by the House.
      The conference agreement adopts language as proposed by 
the House to prohibit the use of salaries and expenses to carry 
out section 793(d) of Public Law 104-127, a limitation on 
program levels in the Fund for Rural America and section 
793(c)(1)(C) of Public Law 104-127, a limitation on housing 
assistance. The Senate bill had no similar provision.
      The conferees concur with Senate report language 
regarding the Food Quality Protection Act (FQPA) that says 
that, in implementing the FQPA, decisions should be ``. . . 
based on sound science, and reliable, accurate and widely 
accepted data which reflects the Nation's agricultural 
production, practices, and conditions.''
      The conferees understand the trust responsibility the 
U.S. has toward Indians and Alaska Natives and directs the 
Department of Agriculture to report to the Congress no later 
than February 1, 1999, on the progress made with Indian 
agriculture, Federal inter-agency coordination, and the level 
of Indian usage of Federal programs and initiatives outlined to 
benefit Indian agriculture.
      The conferees have included in the bill a prohibition on 
funding to establish an Office of Community Food Security or 
any similar office without the prior approval of the Committees 
on Appropriations.

                          Executive Operations

                            Chief Economist

      The conference agreement provides $5,620,000 for the 
Chief Economist instead of $5,973,000 as proposed by the House 
and $5,048,000 as proposed by the Senate. Included in this 
amount is $219,000 for agricultural weather activities, 
$255,000 for the World Agricultural Outlook Board, and $98,000 
to support the Food Safety Initiative.

                       National Appeals Division

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

                 Office of Budget and Program Analysis

      The conference agreement provides $6,120,000 for the 
Office of Budget and Program Analysis as proposed by the House 
instead of $5,986,000 as proposed by the Senate.

          Office of the Assistant Secretary for Administration

      The conference agreement provides $613,000 for the Office 
of the Assistant Secretary for Administration as proposed by 
the Senate instead of $636,000 as proposed by the House.

        Agriculture Buildings and Facilities and Rental Payments

      The conference agreement does not include language as 
proposed by the House limiting the purpose for which funds may 
be transferred to commercial space expansion. The conference 
agreement includes new language that provides flexibility for 
the Secretary to transfer not more than 5 percent of this 
appropriation to or from another agency's appropriation to 
allow for incremental changes in the amount of GSA or 
commercial space and not to finance changes in GSA billing.

                      Departmental Administration

      The conference agreement provides $32,168,000 for 
Departmental Administration as proposed by the House instead of 
$27,034,000 as proposed by the Senate.

                    Office of the Inspector General

      The conference agreement provides $65,128,000 for the 
Office of the Inspector General instead of $67,178,000 as 
proposed by the House and $63,128,000 as proposed by the 
Senate. Included in this amount is $100,000 for confidential 
operational expenses instead of $95,000 as proposed by the 
House and $125,000 as proposed by the Senate.The conference 
agreement includes $2,000,000 for law enforcement and related work 
instead of $1,965,000 as proposed by the House.

                     Office of the General Counsel

      The conference agreement provides $29,194,000 for the 
Office of the General Counsel instead of $30,396,000 as 
proposed by the House and $28,759,000 as proposed by the 
Senate. Included in this amount is $435,000 to provide legal 
support for the Department's civil rights program.

  Office of the Under Secretary for Research, Education and Economics

      The conference agreement provides $540,000 for the Office 
of the Under Secretary for Research, Education and Economics as 
proposed by the Senate instead of $560,000 as proposed by the 
House.

                       Economic Research Service

      The conference agreement provides $65,757,000 for the 
Economic Research Service instead of $67,282,000 as proposed by 
the House and $53,109,000 as proposed by the Senate. Included 
in this amount is $12,195,000 for studies and evaluations of 
the child nutrition, WIC, and food stamp programs. Of this 
amount, $2,000,000 is transfered to the Food Program 
Administration account of the Food and Nutrition Service to 
conduct programmatic evaluations and analyses. The conferees 
direct that any welfare reform studies, analyses, or 
evaluations undertaken by the agency shall directly relate to 
USDA programs.
      The conferees expect a study as proposed by the House, as 
part of the nutrition related studies, to assess cost 
containment practices used by states to limit branded products 
sold in the WIC food package other than infant formula. The 
conferees direct that the total cost for this study shall not 
exceed $1,100,000 in fiscal year 1999 nor $1,500,000 over the 
next three years.
      The conference agreement includes $453,000 for estimating 
the benefits of food safety.
      The conferees are aware of a 1996 GAO study on plate 
waste in the school lunch program and expect the USDA to 
develop recommendations for eliminating this problem.
      Two years ago, the U.S. Congress set U.S. farm policy 
through the year 2002. As international trade negotiations move 
into a phase critical to U.S. agriculture, it is essential that 
our negotiators and farmers have accurate and timely 
information. Therefore, in addition to the language in the 
Senate report, the conferees expect commodity situation and 
outlook reports be maintained at the reporting frequency in 
place at the time of enactment of the Food and Agriculture 
Improvement and Reform Act.
      The conference agreement provides $300,000 for a study by 
the National Academy of Sciences concerning the appropriate 
amounts of fruit, fiber and sugar in the diet of the population 
targeted for benefit by the Special Supplemental Nutrition 
Program for Women, Infants, and Children (WIC). The study will 
be a compilation and review of existing studies and data, 
including data compiled and materials prepared by the 
Department in developing the Dietary Guidelines and the Healthy 
Eating Index. It will examine, in particular, whether WIC 
program participants would benefit nutritionally if the six 
grams of sugar per ounce of dried cereal limitation in WIC 
program regulations were to be modified so that sugar contained 
in dried fruit in such cereals did not count against this 
limitation. The study will also examine the impact of the above 
modifications to the WIC dried cereal limitation on the dental 
health of WIC participants. A report on this study should be 
transmitted to the appropriate committees of Congress and to 
the Secretary no later than 12 months after the project is 
initiated by the Academy.

                National Agricultural Statistics Service

      The conference agreement provides $103,964,000 for the 
National Agricultural Statistics Service as proposed by the 
Senate instead of $105,082,000 as proposed by the House. Of 
this amount up to $23,599,000, is provided for the Census of 
Agriculture including $600,000 for the agriculture economics 
and land ownership survey and the aquaculture statistics census 
as proposed by the Senate instead of up to $23,141,000 as 
proposed by the House.
      The conferees expect the National Agricultural Statistics 
Service to continue to revise the Census of Agriculture to 
eliminate redundancies in questions asked of farmers.

                     Agricultural Research Service

      The conference agreement provides $785,518,000 for the 
Agricultural Research Service instead of $755,816,000 as 
proposed by the House and $768,221,000 as proposed by the 
Senate.
      The following table reflects the conference agreement:

------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
FY 1998 Appropriation..................................    $744,605,000
  Transfer:
    Office of Civil Rights.............................         170,000
    Department of State................................          16,000
  Rescission...........................................        (223,000)
                                                        ================
Adjusted FY 1998 Base..................................     744,568,000
Emerging Diseases and Exotic Pests.....................       7,550,000
  Plants: Emerging Plant Diseases......................      (1,450,000)
    Albany, CA.........................................        (250,000)
    Beltsville, MD.....................................        (250,000)
    Frederick, MD......................................        (250,000)
    College Station, TX................................        (250,000)
    Montpellier, FR....................................        (250,000)
    Logan, UT..........................................        (200,000)
  Fusarium Head Blight (ARS/Consortium of 12 Land Grant
   Univ)...............................................      (3,000,000)
  Animals: Exotic Infectious Diseases..................      (3,100,000)
    Athens, GA.........................................        (500,000)
    Ames, IA (NADC)....................................      (1,000,000)
    Beltsville, MD.....................................        (500,000)
    Pullman, WA........................................        (600,000)
    Laramie, WY........................................        (500,000)
Environmental Quality/Natural Resources................       2,400,000
  Bioactive Compounds..................................        (250,000)
    Gainesville, FL....................................        (250,000)
  IPM/Areawide.........................................      (1,150,000)
    Beltsville, MD.....................................        (250,000)
    Columbia, MO.......................................        (400,000)
    Stoneville, MS.....................................        (250,000)
    College Station, TX................................        (250,000)
  Livestock Management Systems.........................      (1,000,000)
Everglades Initiative..................................         750,000
    Canal Point, FL....................................        (250,000)
    Miami, FL..........................................        (250,000)
    Ft. Lauderdale, FL.................................        (250,000)
Food Safety............................................      12,370,000
  Preharvest...........................................      (4,802,000)
    Athens, GA.........................................        (250,000)
    Ames, IA...........................................        (250,000)
    West Lafayette, IN.................................        (250,000)
    Beltsville, MD.....................................        (250,000)
    Clay Center, NE....................................        (600,000)
    College Station, TX................................        (250,000)
  Postharvest..........................................      (2,000,000)
  Safety/Quality of Fruits/Vegetables..................      (1,000,000)
  Food Safety Engineering, Purdue Univ.................      (1,000,000)
Genetic Resources......................................       2,100,000
    Palmer, AK.........................................        (100,000)
    Columbia, MO.......................................        (700,000)
    Leetown, WV........................................      (1,000,000)
Human Nutrition Initiative.............................       2,250,000
    Little Rock, AR....................................        (750,000)
    San Francisco, CA..................................        (250,000)
    Boston, MA.........................................        (250,000)
    Beltsville, MD.....................................        (250,000)
    Grand Forks, ND....................................        (250,000)
    Houston, TX........................................        (500,000)
Pfiesteria.............................................         719,000
Alternative Fish Feed, Aberdeen, ID....................         250,000
Appalachian Fruit Research Station, Kearneysville, WV..         250,000
Aquaculture Research, AK...............................       1,100,000
Biological Control of Western Weeds, Albany, CA........         300,000
Biomedical Materials in Plants (C/A with Biotech.
 Foundation, Inc.......................................         500,000
Cereal Crops Research, Madison WI......................         250,000
Cotton Ginning, Stoneville, MS.........................         250,000
Endophyte Research (C/A with Univ. of AR, MO and OSU)..         200,000
Fish Diseases, Auburn, AL..............................         750,000
Fish Farming Experiment Laboratory, Stuttgart, AR......         750,000
Floriculture and Nursery Crop Res (USNA, Washington, DC/
 OSU/Cornell and CA Univ)..............................       1,000,000
Ft. Pierce, FL (Horticulture)..........................         500,000
Forage Crops, Woodward, OK.............................         250,000
Garden Unit, USNA, Washington, DC......................         250,000
Golden Nematode, Ithaca, NY............................         150,000
Grape Rootstock, Geneva, NY............................         300,000
Grasshopper Research, AK...............................         750,000
Grazinglands Research, El Reno, OK.....................         250,000
Honeybee Research (Varroa/Tracheal Mites), Baton Rouge,
 LA....................................................         300,000
Lettuce Geneticist/Breeding, Salinas, CA...............         250,000
Lyme Disease (Tick Control Project), Beltsville, MD....         200,000
Manure Handling and Disposal, Starkville, MS...........         500,000
Meadowfoam Research, Peoria, IL........................         200,000
Mycoplasma Research, Starkville, MS....................         250,000
National Warmwater Aquaculture Center, Stoneville, MS..       1,100,000
National Agricultural Library..........................         250,000
Natural Products, Oxford, MS...........................         750,000
New England Plant, Soil and Water Lab, Orono, ME.......         250,000
Non-Chemical Control of Pecan Insect Pests, Byron, GA..         250,000
Peach Varieties Research, Byron, GA....................         150,000
Peanut Quality Research Dawson, GA/Raleigh, NC.........       1,000,000
Pear Thrips, Ithaca, NY................................         100,000
Potato Breeder Position, Aberdeen, ID..................         150,000
Range Research, Burns, OR..............................         250,000
Rice Research:.........................................
  Stuttgart, ARK.......................................       1,400,000
  Davis, CA............................................         250,000
  Beaumont, TX.........................................         200,000
Root Diseases of Wheat and Barley, Pullman, WA.........         500,000
Small Fruits Research, Poplarville, MS.................         250,000
Small Fruits Research, Corvallis, OR...................         250,000
Soil Tilth Research, Ames, IA..........................         500,000
Soybean and Corn Research, Stoneville, MS..............         750,000
Subtropical Animal Research Station, Brooksville, FL...         500,000
Subtropical Horticultural Research Station, Miami, FL..         300,000
Sugarbeet Research, Ft. Collins, CO....................         200,000
U.S. Plant Stress and Water Conserv. Lab, Lubbock, TX..         500,000
Vegetable Research, East Lansing, MI...................         200,000
Wild Rice Research, St. Paul, MN.......................         100,000
Wind Erosion Research, Manhattan, KS...................         250,000
  Termination of ongoing projects......................      -1,419,000
  Children's nutrition study...........................      -5,000,000
  Food safety study....................................        -420,000
  Citrus Tristeza Virus (transfer......................        -500,000
                                                        ----------------
      Total, ARS.......................................     785,518,000
------------------------------------------------------------------------

      The conference agreement concurs in the following program 
terminations: global environmental change, CO; and water and 
agrochemical management, LA.
      The conferees understand that ARS and the Institute for 
Technology Development are collaborating to develop promising 
imaging technology to help assure food quality and safety. The 
conferees encourage the continuation of this important research 
and expect ARS to increase its support for this cooperative 
project from the increased funding provided for food safety.
      The conferees are aware of the important research carried 
out by ARS National Animal Disease Center at Ames, Iowa, on 
corn insects and crop genetics, plant introduction, soil tilth, 
and national programs to control and prevent avian and animal 
diseases. The conferees continue funding for these important 
ARS projects in FY 1999 and have provided an additional 
$2,000,000 for ARS research as reflected in the table.
      The amount recommended does not provide funding for 
program and operations supporting the mission of the newly-
constructed swine facility which has been deeded to Iowa State 
University (ISU). In the Department's report to the Committees 
regarding funding options for the facility, the conferees 
understand (1) ISU is presently investing funds in research 
that is related or complementary to the research proposed for 
the new facility, and (2) the swine industry is prepared to 
work toward obtaining other sources of funds to support 
operational costs and the program of research planned for this 
facility. The National Swine Research Center was conveyed to 
ISU in March, 1998, as directed under the Emergency 
Supplemental Appropriations and Rescissions Act, P.L. 104-19, 
October 17, 1995. Under this agreement, the conference report 
stated ``that any future costs of operation associated with 
that facility be provided by sources other than the Federal 
government.''
      The conferees expect the Department to consult with the 
Strategic Planning Task Force on the appropriateness of 
establishing a human nutrition research center in preventive 
nutrition, diet, and obesity.
      The conferees recognize the important research being done 
at the ARS-Athens Russell Research Center on competitive 
exclusion of enteritidis food safety pathogens and encourage 
the Department to extend this important research to swine.

                        BUILDINGS AND FACILITIES

      The conference agreement provides $56,437,000 for 
Agricultural Research Service, Buildings and Facilities instead 
of $61,380,000 as proposed by the House and $31,930,000 as 
proposed by the Senate.
      The following table reflects the conference agreement:

Arizona:
    Water Conservation and Western Cotton, Maricopa...........  $500,000
California:
    Western Human Nutrition Laboratory, Davis................. 6,150,000
Hawaii:
    U.S. Pacific Basin Agricultural Research Center........... 4,500,000
Illinois:
    National Center for Agricultural Utilization, Peoria...... 8,200,000
Iowa:
    National Animal Disease Center, Ames...................... 2,957,000
Kansas:
    U.S. Grain Marketing Research Laboratory, Manhattan....... 1,400,000
Louisiana:
    Southern Regional Research Center, New Orleans............ 6,000,000
Maryland:
    National Agricultural Library, Beltsville................. 1,200,000
    Beltsville Agricultural Research Center, Beltsville....... 2,500,000
Mississippi:
    Biocontrol and Insect Rearing Laboratory, Stoneville......   200,000
Montana:
    Pest Quarantine/Integrated Pest Management Facility, 
      Sidney.................................................. 7,300,000
New Mexico:
    Jornada Range Research Station, Las Cruces................ 6,700,000
New York:
    Plum Island Animal Disease Center, Greenport.............. 3,500,000
Pennsylvania:
    Eastern Regional Research Center, Philadelphia............ 3,300,000
Utah:
    Poisonous Plant Laboratory, Logan.........................    30,000
West Virginia:
    National Center for Cool and Cold Water Aquaculture, 
      Leetown................................................. 2,000,000
                    --------------------------------------------------------------
                    ____________________________________________________

      Total...................................................56,437,000

      The conference agreement provides $500,000 in additional 
planning funds for the relocation and replacement of ARS 
research laboratory from the Phoenix, Arizona location to the 
Maricopa Agriculture Center. The conferees direct the agency to 
further review and evaluate the size, capacity and costs 
associated with replacing the existing research laboratory. 
This effort is essential to determine the required scope and 
the most cost-efficient facility required to meet the needs of 
ARS water and cotton research. The conference agreement 
provides $2,957,000 for the National Animal Disease Center and 
expects the ARS to use $1,943,000 in available unobligated 
funds to complete the project.
      The conference agreement does not include funding for the 
avian disease laboratory in Michigan without any prejudice 
toward the project.

      Cooperative State Research, Education, and Extension Service

                   RESEARCH AND EDUCATION ACTIVITIES

      The conference agreement provides $481,216,000 for 
research and education activities instead of $431,125,000 as 
proposed by the House and $432,982,000 as proposed by the 
Senate.
      The conference agreement reflects a 7% increase from the 
fiscal year 1998 level for payments under the Hatch Act, 
cooperative forestry research, payments to 1890 Colleges and 
Universities, animal health and disease grants, and payments to 
1994 institutions; and an increase of $22,100,000 for the 
National Research Initiative. The following table reflects the 
conference agreement:

Research and Education Activities

                        [In thousands of dollars]

                                                    Conference agreement
Payments Under Hatch Act......................................   180,545
Cooperative forestry research (McIntire-Stennis)..............    21,932
Payments to 1890 colleges and Tuskegee........................    29,676
    Special Research Grants (P.L. 89-106):
    Aegilops cylindricum (WA).................................       360
    Aflatoxin (IL)............................................       113
    Agriculture-based industrial lubricants (IA)..............       250
    Agricultural diversification (HI).........................       131
    Agricultural diversity/Red River Corridor (MN/ND).........       250
    Agriculture water usage (GA)..............................       300
    Alliance for food protection (NE, GA).....................       300
    Alternative crops (ND)....................................       550
    Alternative crops for arid lands (TX).....................       100
    Alternative marine and fresh water species (MS)...........       308
    Alternative salmon products (AK)..........................       400
    Animal science food safety consortium (AR, IA, KS)........     1,521
    Apple fire blight (NY, MI)................................       500
    Aquaculture (LA)..........................................       330
    Aquaculture (MS)..........................................       592
    Aquaculture (VA)..........................................       100
    Aquaculture product and marketing development (WV)........       750
    Babcock Institute (WI)....................................       400
    Binational agriculture research and development...........       400
    Biodiesel research (MO)...................................       152
    Brucellosis vacinos (MT)..................................       150
    Center for animal health and productivity (PA)............       113
    Center for innovative food technology (OH)................       381
    Center for rural studies (VT).............................       200
    Chesapeake Bay agroecology (MD)...........................       150
    Chesapeake Bay aquaculture................................       385
    Citrus tristeza...........................................       500
    Competitiveness of agricultural products (WA).............       680
    Contagious equine metitis (KY)............................       250
    Cool season legume research (ID, WA)......................       329
    Cotton research (TX)......................................       200
    Cranberry/blueberry (MA)..................................       150
    Cranberry/blueberry disease & breeding (NJ, MA)...........       220
    Dairy and meat goat research (TX).........................        63
    Delta rural revitalization (MS)...........................       148
    Designing foods for health (TX)...........................       250
    Drought mitigation (NE)...................................       200
    Ecosystems (AL)...........................................       500
    Environmental research (NY)...............................       486
    Environmental risk factors/cancer (NY)....................       100
    Expanded wheat pasture (OK)...............................       285
    Farm and rural business finance (IL)......................        87
    Feed barley for rangeland cattle (MT).....................       600
    Floriculture (HI).........................................       250
    Food and Agriculture Policy Institute (IA, MO)............       800
    Food irradiation (IA).....................................       200
    Food marketing policy center (CT).........................       400
    Food processing center (NE)...............................        42
    Food quality (AK).........................................       350
    Food safety...............................................     5,000
    Food safety (AL)..........................................       300
    Food systems research group (WI)..........................       225
    Forestry (AR).............................................       523
    Fruit and vegetable market analysis (AZ, MO)..............       320
    Generic commodity promotion research and evaluation (NY)..       212
    Global change.............................................     1,000
    Global marketing support service (AR).....................       127
    Grain sorghum (KS)........................................       106
    Grass seed cropping systems for a sustainable agriculture 
      (WA, OR, ID)............................................       423
    Human nutrition (IA)......................................       473
    Human nutrition (LA)......................................       752
    Human nutrition (NY)......................................       622
    Hydroponic tomato production (OH).........................       200
    Illinois-Missouri Alliance for Biotechnology..............     1,184
    Improved dairy management practices (PA)..................       296
    Improved fruit practices (MI).............................       445
    Infectious disease research (CO)..........................       250
    Institute for Food Science and Engineering (AR)...........     1,250
    Integrated production systems (OK)........................       180
    International agricultural market structures and 
      institutions (KY).......................................       250
    International arid lands consortium.......................       400
    Iowa biotechnology consortium.............................     1,564
    Livestock and dairy policy (NY, TX).......................       475
    Lowbush blueberry research (ME)...........................       220
    Maple research (VT).......................................       100
    Meadowfoam (OR)...........................................       300
    Michigan biotechnology consortium.........................       675
    Midwest advanced food manufacturing alliance..............       423
    Midwest agricultural products (IA)........................       592
    Milk safety (PA)..........................................       250
    Minor use animal drugs (IR-4).............................       550
    Molluscan shellfish (OR)..................................       400
    Multi-commodity research (OR).............................       364
    Multi-cropping strategies for aquaculture (HI)............       127
    National biological impact assessment.....................       254
    Nematode resistance genetic engineering (NM)..............       127
    Non-food uses of agricultural products (NE)...............        64
    Oil resources from desert plants (NM).....................       175
    Organic waste utilization (NM)............................       100
    Pasture and forage research (UT)..........................       225
    Peach tree short life (SC)................................       162
    Pest control alternatives (SC)............................       106
    Phytophthora root rot (NM)................................       127
    Plant, drought, and disease resistance gene cataloging 
      (NM)....................................................       150
    Postharvest rice straws (CA)..............................       300
    Potato research...........................................     1,300
    Precision agriculture (KY)................................       500
    Precision agriculture (MS)................................     1,000
    Preharvest food safety (KS)...............................       212
    Preservation and processing research (OK).................       226
    Rangeland ecosystems (NM).................................       200
    Regional barley gene mapping project......................       400
    Regionalized implications of farm programs (MO, TX).......       294
    Rice Modeling (AR)........................................       296
    Rural devel. cntrs. (PA, IA (ND), MS, OR, LA).............       523
    Rural policies institute (NE, MO).........................       644
    Russian wheat aphid (CO)..................................       200
    Seafood and aquaculture harvesting, processing, and 
      marketing (MS)..........................................       305
    Small fruit research (OR, WA, ID).........................       300
    Southwest consortium for plant genetics and water 
      resources...............................................       338
    Soybean cyst nematode (MO)................................       475
    STEEP III--water quality in Northwest.....................       500
    Sustainable agriculture (MI)..............................       445
    Sustainable agriculture and natural resources (PA)........        95
    Sustainable agriculture systems (NE)......................        59
    Sustainable beef supply (MT)..............................       500
    Sustainable pest management for dryland wheat (MT)........       400
    Swine waste management (NC)...............................       500
    Tillage, silviculture, waste management (LA)..............       212
    Tomato wilt virus (GA)....................................       200
    Tropical and subtropical..................................     2,724
    Turkey carnavirus (IN)....................................       200
    Urban pests (GA)..........................................        64
    Vidalia onions (GA).......................................       100
    Viticulture consortium (NY, CA)...........................     1,000
    Water conservation (KS)...................................        79
    Water quality.............................................     3,461
    Weed control (ND).........................................       423
    Wetland plants (LA).......................................       600
    Wheat genetic research (KS)...............................       261
    Wood utilization research (OR, MS, NC, MN, ME, MI, ID, TN)     5,136
    Wool research (TX, MT, WY)................................       300
                    --------------------------------------------------------------
                    ____________________________________________________

      Total, Special Research Grants..........................    63,116
                    ==============================================================
                    ____________________________________________________
    Improved pest control:
    Critical issues...........................................       200
    Emerging pest and disease issues..........................     1,623
    Expert IPM decision support issues........................       177
    Integrated pest management................................     2,731
    Pesticide clearance (IR-4)................................     8,990
    Pesticide impact assessment...............................     1,327
                    --------------------------------------------------------------
                    ____________________________________________________

      Total, Improved pest control............................    15,048
                    ==============================================================
                    ____________________________________________________
    Competitive research grants:
    Animal systems............................................    29,000
    Markets, trade and policy.................................     4,600
    Nutrition, food quality and health........................    16,000
    Natural resources and the environment.....................    20,500
    Plant systems.............................................    41,000
    Processes and new products................................     8,200
                    --------------------------------------------------------------
                    ____________________________________________________

      Total, Competitive research grants......................   119,300
                    ==============================================================
                    ____________________________________________________
Animal Health and Disease (Sec. 1433).........................     5,109
Critical Agricultural Materials Act...........................       600
Aquaculture Centers (Sec. 1475)...............................     4,000
Alternative Crops.............................................       750
Sustainable agriculture.......................................     8,000
Capacity building grants......................................     9,200
Payments to the 1994 Institutions.............................     1,552
Graduate fellowship grants....................................     3,000
Institution challenge grants..................................     4,350
Multicultural scholars program................................     1,000
Hispanic-serving institutions.................................     2,850
Secondary/2-year post-secondary...............................       500

  Federal Administration:
    Agriculture development in American Pacific...............       564
    Agriculture waste utilization (WV)........................       250
    Alternative fuels characterization laboratory (ND)........       218
    Animal waste management (OK)..............................       250
    Center for Agricultural and Rural Development (IA)........       355
    Center for North American Studies (TX)....................        87
    Data information system...................................     1,000
    Geographic information system.............................       844
    Mariculture (NC)..........................................       250
    Mississippi Valley State University.......................       583
    National Center for Peanut Competitiveness................       300
    Office of grants and program systems......................       310
    Pay costs and FERS (prior)................................     1,100
    Peer panels...............................................       350
    PM-10 study (CA, WA)......................................       873
    Shrimp aquaculture (AZ, HI, MS, MA, SC)...................     3,354
                    --------------------------------------------------------------
                    ____________________________________________________

      Total, Federal Administration...........................    10,688
                    ==============================================================
                    ____________________________________________________
      Total, Research and Education Activities................   481,216

      The conferees direct the USDA to consult with the Food 
and Drug Administration regarding food safety research 
objectives of that agency and recommend that $5,000,000 of the 
funds provided for the food safety component of the National 
Research Initiative be used to meet those needs.
      The conference agreement includes $523,000 for Rural 
Development Centers, of which $100,000 is for a new center in 
Louisiana. The conference agreement includes $750,000 for 
alternative crops, of which $550,000 is for canola and $200,000 
is for hesperaloe. The conference agreement includes $1,000,000 
for the wood utilization special grant for the establishment of 
two new centers in Idaho and Tennessee with the remainder of 
the increase to be shared on a proportionate basis by the 
existing centers.
      The conference agreement includes $5,000,000 for the 
special grant for food safety as requested by the President and 
an increase of $7,400,000 in the National Research Initiative 
category for nutrition, food quality and health.

                          Extension Activities

      The conference agreement provides $437,987,000 for 
extension activities instead of $416,789,000 as proposed by the 
House and $432,181,000 as proposed by the Senate.
      The following table reflects the conference agreement:

Extension Activities

                        [In thousands of dollars]

                                                    Conference agreement
Smith Lever 3(b) and 3(c).....................................   276,548
    Smith Lever: 3(d):
    Farm safety...............................................     3,000
    Food and nutrition education (EFNEP)......................    58,695
    Food safety...............................................     7,365
    Indian reservation agents.................................     1,714
    Pest management...........................................    10,783
    Pesticide impact assessment...............................     3,214
    Rural development centers.................................       908
    Sustainable agriculture...................................     3,309
    Water quality.............................................     9,561
    Youth at risk.............................................     9,000
1890's Colleges and Tuskegee..................................    25,843
1890's facilities grants......................................     8,426
Renewable Resources Extension Act.............................     3,192
Rural health and safety education.............................     2,628
Extension services at the 1994 institutions...................     2,060
                    --------------------------------------------------------------
                    ____________________________________________________

      Subtotal................................................   426,246
                    ==============================================================
                    ____________________________________________________
Federal Administration and special grants:
    Ag in the classroom.......................................       208
    Beef producers' improvement (AR)..........................       197
    Delta teachers academy....................................     3,500
    Diabetes detection, prevention (WA).......................       550
    Extension specialist (AR).................................        99
    Extension specialist (MS).................................       100
    General administration....................................     4,787
    Income enhancement demonstration (OH).....................       246
    Integrated cow/calf resources management (IA).............       300
    National Center for Agriculture Safety (IA)...............       195
    Pilot tech. transfer (OK, MS).............................       326
    Pilot tech. transfer (WI).................................       163
    Range improvement (NM)....................................       197
    Rural development (NM)....................................       280
    Rural development (OK)....................................       150
    Rural rehabilitation (GA).................................       246
    Wood biomass as an alternative farm product (NY)..........       197
                    --------------------------------------------------------------
                    ____________________________________________________

      Total, Federal Administration...........................    11,741
                    ==============================================================
                    ____________________________________________________
      Total, Extension Activities.............................   437,987

      The conferees are concerned that funds for cooperative 
agriculture extension services are being used to promote 
Federal welfare programs. Such activities are appropriate only 
to the extent that they fall within the traditional educational 
role of extension for home economics and similar missions.
      The conference agreement includes a 3% increase for the 
formula grant programs as proposed by the Senate.
      The conference agreement has provided an increase for 
water quality and expects the projects in North Dakota and 
Illinois to compete for these funds.
      The conference agreement includes an increase of $500,000 
for the Farm*A*Syst program, and an increase of $145,000 for 
the AgrAbility project.

                   Marketing and Regulatory Programs

Office of the Assistant Secretary for Marketing and Regulatory Programs

      The conference agreement provides $618,000 for the Office 
of the Assistant Secretary for Marketing and Regulatory 
Programs as proposed by the Senate instead of $642,000 as 
proposed by the House.

               Animal and Plant Health Inspection Service

                         SALARIES AND EXPENSES

      The conference agreement provides $425,803,000 for the 
Animal and Plant Health Inspection Service (APHIS) instead of 
$424,500,000 as proposed by the House and $419,473,000 as 
proposed by the Senate.
      The following table reflects the conference agreement:

                        [In thousands of dollars]

  Pest and disease exclusion:                       Conference agreement
    Agricultural quarantine inspection........................    30,648
    User fees.................................................    88,000
                    --------------------------------------------------------------
                    ____________________________________________________

        Subtotal, Agricultural quarantine inspection..........   118,648
    Cattle ticks..............................................     4,627
    Foot-and-mouth disease....................................     3,803
    Import-export inspection..................................     6,815
    International programs....................................     6,630
    Fruit fly exclusion and detection.........................    22,970
    Screwworm.................................................    30,301
    Tropical bont tick........................................       407
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Pest and disease exclusion.....................   194,201
                    ==============================================================
                    ____________________________________________________
  Plant and animal health monitoring:
    Animal health monitoring and surveillance.................    63,389
    Animal and plant health regulatory enforcement............     5,855
    Pest detection............................................     6,426
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Plant and animal health monitoring.............    75,670
                    ==============================================================
                    ____________________________________________________
  Pest and disease management programs:
    Aquaculture...............................................       567
    Biocontrol................................................     8,160
    Boll weevil...............................................    16,209
     Brucellosis eradication..................................    11,864
    Golden nematode...........................................       435
    Gypsy moth................................................     4,366
    Imported fire ant.........................................     1,000
    Miscellaneous plant diseases..............................     1,410
    Noxious weeds.............................................       424
    Pink bollworm.............................................     1,048
    Pseudorabies..............................................     4,567
    Scrapie...................................................     2,991
    Silverleaf whitefly.................................................
    Tuberculosis..............................................     4,920
    Wildlife services--operations.............................    28,797
    Witchweed.................................................     1,506
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Pest and disease management programs...........    88,264
                    ==============================================================
                    ____________________________________________________
  Animal care:
    Animal welfare............................................     9,175
    Horse protection..........................................       361
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Animal care....................................     9,536
                    ==============================================================
                    ____________________________________________________
  Scientific and technical services:
    Aviation safety...........................................     1,200
    Biotechnology/environmental protection....................     7,393
    Integrated systems acquisition project....................     3,500
    International cooperative administrative service..........       909
    Plant methods development laboratories....................     4,693
    Veterinary biologics......................................    10,345
    Veterinary diagnostics....................................    15,622
    Wildlife services--methods development....................    10,365
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Scientific and technical services..............    54,027
                    ==============================================================
                    ____________________________________________________
    Contingency fund..........................................     4,105
                    ==============================================================
                    ____________________________________________________
        Total, Salaries and expenses..........................   425,803

      The conference agreement includes $909,000 for the 
International Cooperative Administrative Support Service 
Program.
      The conferees direct APHIS to conduct an analysis of the 
existing Medfly exclusion and detection program in the State of 
Florida and include in that analysis a review of various 
potential alternatives, including the feasibility of 
implementing a year-round sterile Medfly release program. 
Specifically, the analysis should identify the scope, annual 
cost, and method of implementation for such programs. APHIS 
shall report its findings to both the House and Senate 
Appropriations Committees no later than May 1, 1999.
      Infestations of red imported fire ants have been found in 
Dona Ana County, New Mexico and, as a result, the county has 
been quarantined. In order to properly survey and monitor the 
remaining counties of New Mexico for red imported fire ants, 
the conferees direct APHIS to provide the necessary financial 
and technical assistance to the State of New Mexico to carry 
out the necessary activities.
      The conferees request APHIS to grant a six-month 
extension of the comment period for the proposed rule published 
in the Federal Register on August 12, 1998, concerning 
importation of grapefruits, lemons, and oranges from Argentina. 
Additional time is needed to allow independent scientists to 
review the scientific data submitted on behalf of Argentina's 
petition and to review the risk mitigation measures advocated 
by APHIS.
      The conferees direct the Department to publish rules 
regarding the compensation of Arizona wheat producers, seed 
companies, seed producers, and handlers for their economic loss 
for the 1997-1998 crop due to Karnal bunt.
      The conferees direct the Department to work with the 
Arizona wheat industry and Arizona regulatory agencies to 
develop a plan for de-regulation of Karnal bunt in Arizona, to 
be submitted to the Committees on Appropriations no later than 
November 15, 1998, to allow for appropriate grower decisions 
for planting wheat for 1999.
      The conferees direct APHIS to establish protocols 
containing appropriate verification procedures including 
permanent country of origin marking requirements for each 
country or region requesting to export livestock into the 
United States.
      The conference agreement adopts House report language 
providing $1,500,000 for rabies control activities. The Senate 
report provided $800,000 for specific states.
      The conference agreement adopts House report language 
providing $450,000 for trap testing and related activities to 
meet U.S. obligations under international standards. The Senate 
report had no similar language. The conferees expect the agency 
to work toward the development of more humane trapping methods.
      The conference agreement adopts Senate report language 
providing $300,000 for an assessment of the economic threat 
from a newly described contagious equine metritis-like 
bacterium to the U.S. horse industry. The House report had no 
similar provision.
      The conference agreement adopts Senate report language 
providing $500,000 for operation of the bison quarantine 
facility and all associated operations including the testing of 
bison which have left Yellowstone National Park. The House 
report had no similar provision.
      The conference agreement adopts Senate report language 
providing $300,000 to establish and operate a Wildlife Services 
office in Hawaii. The House report had no similar provision.
      The conference agreement provides an increase of $175,000 
to offset the impact of expanding wolf populations and the 
reintroduction of wolves in the northern Rocky Mountains.
      The conference report adopts Senate report language 
providing $400,000 to require the Secretary to prevent the 
inadvertent introduction of brown tree snakes into Hawaii and 
other states. The House had no similar language.
      The conferees urge the Secretary to delay the 
implementation of regulations issued by the Animal and Plant 
Health and Inspection Service (Fed. Reg. Vol. 63, No. 172, 
September 4, 1998) entitled ``Swim with the Dolphin'' as 
applied to wading programs. The managers expect the Department 
to solicit input from affected parties and ensure that the 
regulations will not impose unreasonable requirements, economic 
hardship, or conflict with State laws.

                        BUILDINGS AND FACILITIES

      The conference agreement provides $7,700,000 for the 
Animal and Plant Health Inspection Service, Buildings and 
Facilities, instead of $5,200,000 as proposed by the House and 
$4,200,000 as proposed by the Senate.
      The conference agreement includes $3,500,000 for 
completion of a wing at the National Wildlife Research Center 
in Fort Collins, CO.
      The conferees direct the agency to consider locations in 
Montana and Iowa for construction of a large animal biosafety 
level-3 containment facility.

                     Agricultural Marketing Service

                           MARKETING SERVICES

      The conference agreement provides $48,831,000 for the 
Agricultural Marketing Service instead of $46,567,000 as 
proposed by the House and $45,567,000 as proposed by the 
Senate. The conferees expect that, of the funds available for 
the National Organic Standards Program, amounts as may be 
necessary shall be used to offset the initial costs of 
accreditation services.
      El Nino and the Asian currency crisis have caused 
significant problems to West Coast tuna fishermen. The USDA 
should use its surplus removal authorities to assist with this 
problem.

                 LIMITATION ON ADMINISTRATIVE EXPENSES

      The conference agreement provides $60,730,000 for the 
Limitation on Administrative Expenses as proposed by the House 
instead of $59,521,000 as proposed by the Senate.

        Grain Inspection, Packers and Stockyards Administration

                         SALARIES AND EXPENSES

      The conference agreement provides $26,787,000 for the 
Grain Inspection, Packers and Stockyards Administration instead 
of $27,542,000 as proposed by the House and $26,390,000 as 
proposed by the Senate. Included in this amount is $2,500,000 
as proposed by the Senate for restructuring the Packers and 
Stockyards Administration and $397,000 as proposed by the House 
for packer concentration and industry structure.

             Office of the Under Secretary for Food Safety

      The conference agreement provides $446,000 for the Office 
of the Under Secretary for Food Safety as proposed by the 
Senate. The House bill provided an unspecified amount of 
funding for the Office of the Under Secretary from the Food 
Safety and Inspection Service account.

                   Food Safety and Inspection Service

      The conference agreement provides $616,986,000 for the 
Food Safety and Inspection Service as proposed by the House 
instead of $605,149,000 as proposed by the Senate.
      The conference agreement includes the full amount 
requested in the fiscal year 1999 budget for the Food Safety 
Initiative and inspection costs.
      The conferees note that the report on ratites was not 
delivered until six months after the requested submission date 
and, although a cost-benefit analysis was requested, it was not 
supplied. While citing significant potential health risks and 
the existence of industry microbiological data, the Department 
did not perform a risk assessment to quantify public health 
benefits. The Department is directed to resubmit the report 
with the cost-benefit analysis, as requested, by December 31, 
1998, or to provide the conferees a detailed accounting of the 
projected cost and time required to determine the merits and 
effectiveness of a mandatory ratite inspection program.
      The conference agreement adopts language as proposed by 
the House disagreeing with the Administration's proposal to 
waive cost-sharing limitations for cooperative state inspection 
programs. The Senate report had no similar provision.
      The conferees direct the Secretary of Agriculture to 
report to the House and Senate Committees on Appropriations by 
March 1, 1999, recommendations on lifting the ban on the 
interstate distribution of State inspected meat.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

      The conference agreement provides $572,000 for the Office 
of the Under Secretary for Farm and Foreign Agricultural 
Services as proposed by the Senate instead of $597,000 as 
proposed by the House.
      The conferees are concerned that the USDA is 
administering the forfeiture penalty provisions of 7 U.S.C. 
7272(g) in a manner inconsistent with the intent of Congress. 
These provisions were intended only to act as a disincentive to 
program loan forfeitures. Unfortunately, as evidenced in the 
fiscal year 1999 Budget Summary, the Department has interpreted 
the provisions to have ``effectively reduced sugar loan 
rates.'' The conferees direct the Secretary of Agriculture to 
administer the program consistent with Congressional intent, 
and to ensure that the forfeiture penalty shall not for any 
purpose other than an actual loan forfeiture resulting in the 
reduction of the statutory price support loan levels for 
sugarcane (18 cents per pound of raw cane sugar) or sugar beets 
(22.9 cents per pound of refined beet sugar). In addition, the 
conferees direct that the penalty shall not be considered in 
the calculation of any sugar forfeiture price level by the 
Secretary or by any other official responsible for the 
administration of the sugar program under 7 U.S.C. 7272, the 
no-cost provision in section 902(a) of P.L. 99-198, and any 
related authorities.

                          Farm Service Agency

                         SALARIES AND EXPENSES

      The conference agreement provides $714,499,000 for 
salaries and expenses of the Farm Service Agency instead of 
$724,499,000 as proposed by the House and $710,842,000 as 
proposed by the Senate. The conference agreement does not 
include $10,000,000 as proposed by the House for the Common 
Computing Environment.
      The conferees expect the Secretary, to the extent 
practicable, to avoid the use of reductions-in-force or 
furloughs for both Federal and non-Federal employees or any 
county office closings.

           Agricultural Credit Insurance Fund Program Account

      The following table reflects the conference agreement:

Farm Ownership Loans:
    Direct..............................................   ($85,651,000)
    Subsidy.............................................      12,822,000
    Guaranteed..........................................   (425,031,000)
    Subsidy.............................................       6,758,000
Farm Operating Loans:
    Direct..............................................   (500,000,000)
    Subsidy.............................................      34,150,000
    Subsidized Guaranteed...............................   (200,000,000)
    Subsidy.............................................      17,480,000
    Unsubsidized Guaranteed.............................   (948,276,000)
    Subsidy.............................................      11,000,000
    Boll Weevil Eradication.............................   (100,000,000)
    Subsidy.............................................       1,440,000
    Credit Sales of Acquired Property...................
    Subsidy.............................................................

                Disaster Assistance/Reserve Inventories

      The conference agreement does not include $521,000,000 as 
proposed by the Senate for disaster assistance and reserve 
inventories. Disaster related problems are addressed in Titles 
XI-XIII.

                         Risk Management Agency

      The conferees note that risk management tools are limited 
for livestock producers. The conferees expect the Risk 
Management Agency to provide a report to the appropriate 
Committees of Congress on the feasibility of a crop insurance 
program that livestock producers can utilize for forages and 
native pasture.

                    TITLE II--CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

      The conference agreement provides $693,000 for the Office 
of the Under Secretary for Natural Resources and Environment as 
proposed by the Senate instead of $719,000 as proposed by the 
House.

                 Natural Resources Conservation Service

                        CONSERVATION OPERATIONS

      The conference agreement provides $641,243,000 for the 
Natural Resources Conservation Service Conservation Operations 
as proposed by the House instead of $638,664,000 as proposed by 
the Senate. Included in this amount is not less than $5,990,000 
for snow survey and water forecasting as proposed by the House 
instead of $5,835,000 as proposed by the Senate and not less 
than $9,025,000 for operation and establishment of plant 
materials centers as proposed by the Senate instead of 
$7,825,000 as proposed by the House.
      In addition to the items in the House and Senate reports 
that are not changed by the conference agreement, funding is 
included for the following items: $100,000 increase for native 
plants on the Island of Kahoolawe in Hawaii; $300,000 increase 
for the Loess Hills Erosion Control in Iowa; $300,000 for the 
Long Beach Water Management District Project in Mississippi; 
$400,000 increase for the Delta Water Resources Study in 
Mississippi; $500,000 for the Tri-Valley watershed in Utah; 
$500,000 for the Great Lakes Basin Program for Soil and Erosion 
Sediment Control; $100,000 increase for the Potomac Ohio River 
Basin Soil Nutrient Project; $100,000 for the Trees Forever 
Program in Iowa; and $443,000 increase for construction of the 
Plant Materials Center at Alderson, West Virginia.
      The conferees do not agree with the Senate report 
language citing problems that have arisen with the Wetlands 
Reserve Program (WRP). However, the conferees concur with 
Senate report language that encourages the USDA to structure 
the terms of WRP contracts so that high priority is given to 
the consideration of adjacent landowners, including but not 
limited to the maintenance of watershed protection.
      The conferees encourage the agency to provide any 
technical assistance for construction and repairs to the 
spillway and roads for Lake Peltier at Salmen Scout 
Reservation, Hancock County, Mississippi.

                     Watershed Surveys and Planning

      The conference agreement provides $10,368,000 for 
Watershed Surveys and Planning instead of $9,545,000 as 
proposed by the House and $11,190,000 as proposed by the 
Senate.

               Watershed and Flood Prevention Operations

      The conference agreement provides $99,443,000 for 
Watershed and Flood Prevention Operations instead of 
$97,850,000 as proposed by the House and $101,036,000 as 
proposed by the Senate. The conference agreement includes House 
language providing that not more than $47,000,000 shall be 
available for technical assistance. The conference agreement 
includes continued progress and assistance for the Chino Dairy 
Preserve Project, San Bernardino County, CA.
      The conferees expect the NRCS to provide for corrective 
action to the North Powder-Rock Creek South pipeline in the 
Powder Valley Water Control District, OR, to prevent the 
premature deterioration of the pipeline. The conferees note 
that since the Powder Valley Water Control District cost-shared 
in the construction of the current pipeline the cost-share 
requirements shall not apply to the corrective action necessary 
since the NRCS has admitted their design flaw.

                 Resource Conservation and Development

      The conference agreement provides $35,000,000 for the 
Resource Conservation and Development program as proposed by 
the House instead of $34,377,000 as proposed by the Senate. The 
conferees expect the Department to present to the House and 
Senate Appropriations Committees no later than March 1, 1999, 
options to fund new Resource Conservation and Development 
districts, including a graduation component, while considering 
program effectiveness, efficiency, and necessary structural 
changes.

                      Forestry Incentives Program

      The conference agreement provides $6,325,000 for the 
Forestry Incentives Program as proposed by the Senate. The 
House bill provided no funds for this account.

      TITLE III--RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

      The conference agreement provides $588,000 for the Office 
of the Under Secretary for Rural Development as proposed by the 
Senate instead of $611,000 as proposed by the House.
      The conferees expect the Secretary, to the extent 
practicable, to avoid the use of reductions-in-force and 
furloughs in the rural development work force. The conferees 
further expect that no reductions-in-force or furloughs will 
take place unless the Secretary provides detailed 
justifications for such actions to the House and Senate 
Committees on Appropriations.
      The conferees note that it has become necessary in annual 
appropriations bills to declare certain communities eligible 
for rural development programs. This is because of anomalies in 
the criteria for eligibility, such as population and average 
income levels, that have made these communities ineligible 
under a strict interpretation of regulations. The conferees 
believe that there may not be sufficient flexibility under 
current law and regulations to address this problem. Therefore, 
the conferees direct the Department to develop a plan that will 
address this situation including changes in current law or 
regulation and present this plan to the House and Senate 
Committees on Appropriations.
      The House and Senate reports recommend projects for 
consideration under various rural development programs and the 
conferees expect the Department to apply established review 
procedures when considering applications.
      The conferees further expect the Department to give 
consideration to business enterprise and housing preservation 
projects in the city of Bayview, VA; applications for rural 
business enterprise grants from TELACU, for a project in Selma, 
CA; for assistance for a community improvement program in 
Arkansas; water and sewer improvements for the City of Vaughn, 
NM; the Shulerville/Honey Hill Water project, S.C.; and a rural 
enterprise grant for Indian Hills Community College, IA.
      The conferees direct the agency to exercise its authority 
to consider the effects of economic circumstances and high 
unemployment in calculating median household income for the 
community of Wrangell, AK, for the purpose of determining 
whether the community is eligible for loans and grants.
      The Department should consider a request, subject to 
normal review procedures, from the Water Environment Research 
Foundation for water quality research.
      The conferees are aware that the Territory of American 
Samoa is currently in the grip of a severe, prolonged drought, 
and that the island's water system is rapidly becoming 
infiltrated by salt water and is unsafe for human consumption. 
Even with aggressive water conservation and service curtailment 
efforts, there will soon be insufficient safe drinking water to 
sustain human needs in the Territory. If assistance is not 
provided expeditiously, there is an imminent threat that 
waterborne illnesses will reach epidemic proportions which will 
severely overburden American Samoa's limited health care 
facilities. The drought crisis poses an immediate and rapidly 
escalating threat to human life in this most remote part of 
American Territories.
      It has come to the attention of the conferees that the 
American Samoa Power Authority (the Territory's water, 
electric, and sanitary sewer utility) has applied to USDA for 
assistance in obtaining and installing water filtration and 
treatment equipment. This project would provide approximately 
one million gallons per day of safe drinking water necessary to 
sustain basic human needs and prevent life-threatening illness.
      The conferees urge the Secretary to utilize creative and 
flexible solutions under the existing water and sewer loan and 
grants program, the community facilities loan and grants 
program, and such other rural development programs as the 
Secretary in his discretion may determine appropriate to meet 
this critical need in American Samoa.

                           Rural Development

                  rural community advancement program

      The conference agreement provides $722,686,000 for the 
Rural Community Advancement Program (RCAP) instead of 
$702,601,000 as proposed by the Senate and $745,172,000 as 
proposed by the House.
      The following table reflects the conference agreement:

RCAP accounts

Water/Sewer.............................................    $645,007,000
Community Facilities....................................      29,786,000
Business-Cooperative Development........................      47,893,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     722,686,000
                    ========================================================
                    ____________________________________________________
Earmarks:
    Tech. Asst. (water/sewer)...........................      16,215,000
    Circuit Rider.......................................       5,300,000
    EZ/EC...............................................      33,926,000
    Tech. Asst. (transportation)........................         500,000

      The conference agreement adopts House bill language that 
does not include section 381O of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2009f) from authorized 
activities included in RCAP funding. The Senate bill had no 
similar provision.
      The conference agreement does not include language in the 
Senate report directing USDA to provide for rural venture 
capital demonstration projects in Kentucky and Vermont. The 
House report had no similar provision.
      The conference agreement also adopts Senate bill language 
providing that funds not obligated for empowerment zones and 
enterprise communities by June 30, 1999, will remain available 
for other purposes under this heading. The House bill had no 
similar provision.
      The conference agreement does not provide the requested 
three percent earmark for Federally-recognized Indian tribes. 
The conferees note that, according to USDA, Indian tribes now 
receive approximately five percent of funding under the RCAP 
and the conferees believe the three percent earmark would 
arbitrarily restrict rural development benefits to the tribes.
        The conferees expect the Department to use funds 
provided for technical assistance for water and sewer projects 
to maintain the number of circuit riders at the same level as 
fiscal year 1998.
        The conferees have agreed to permanently increase the 
authorization of funding for water and sewer projects 
benefiting Alaska Natives under the Federal Agriculture 
Improvement and Reform Act of 1996 from $15,000,000 to 
$20,000,000 and to make the state match required under the 
program consistent with the 25 percent requirement for the 
Colonias. The conferees direct the Department, in awarding 
grants to various regions of the country, to give priority 
consideration to areas which lack flush toilets and running 
water. It shall also give highest priority to areas without 
modern sewage disposal systems, with open sewers, and high 
rates of disease caused by poor sanitation.

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

        The conference agreement provides a total subsidy of 
$197,285,000 (providing for an estimated loan program level of 
$4,251,717,000) for activities under the Rural Housing 
Insurance Fund Program Account instead of $186,855,000 
(providing for an estimated loan program level of 
$4,235,601,000) as proposed by the House and $207,601,000 
(providing for an estimated program level of $4,284,398,000) as 
proposed by the Senate.
        The conference agreement provides $10,380,000 from the 
total amount available for empowerment zones and enterprise 
communities instead of $10,380,100 as proposed by the Senate. 
The House bill had no similar provision.
        The following table reflects the conference agreement:

Rural Housing Insurance Fund Program Account:
    Loan authorizations:
        Single family (sec. 502)........................   (965,313,000)
          Unsubsidized guaranteed....................... (3,000,000,000)
        Housing repair (sec. 504).......................    (25,001,000)
        Farm labor (sec. 514)...........................    (20,000,000)
        Rental housing (sec. 515).......................   (114,321,000)
        Multi-family housing guarantees (sec. 538)......   (100,000,000)
        Site loans (sec. 524)...........................     (5,152,000)
        Credit sales of acquired property...............    (16,930,000)
        Self-help housing land development fund.........     (5,000,000)
                    --------------------------------------------------------
                    ____________________________________________________
          Total, Loan authorizations.................... (4,251,717,000)
                    ========================================================
                    ____________________________________________________
    Loan subsidies:
        Single family (sec. 502)........................     114,100,000
          Unsubsidized guaranteed.......................       2,700,000
        Housing repair (sec. 504).......................       8,808,000
        Multi-family housing guarantees (sec. 538)......       2,320,000
        Farm labor (sec. 514)...........................      10,406,000
        Rental housing (sec. 515).......................      55,160,000
        Site loans (sec. 524)...........................          17,000
        Credit sales of acquired property...............       3,492,000
        Self-help housing land development fund.........         282,000
                    --------------------------------------------------------
                    ____________________________________________________
          Total, Loan subsidies.........................     197,285,000
                    ========================================================
                    ____________________________________________________
    RHIF administrative expenses (transfer to RHS)......     360,785,000
                    ========================================================
                    ____________________________________________________
      Total, Rural Housing Insurance Fund...............   1,141,467,000
        (Loan authorization)............................ (4,251,717,000)

      The conferees direct that the Department give preference 
to projects with the lowest interest rates in the section 538 
program to ensure that the program serves tenants with low 
incomes.
      The conferees recognize the importance of providing 
assistance to the economically distressed areas of the Lower 
Mississippi Delta. The conferees encourage the Secretary to 
consider using the reprogramming authority provided in section 
724 of this Act to fund applications for Rural Housing Service 
programs in those areas where there is a shortage of affordable 
rental and home ownership opportunities. One of the areas to be 
considered is West Tallahatchie, MS, where there is a shortage 
of housing for teachers.

                  mutual and self-help housing grants

      The conference agreement provides $1,000,000 from the 
total amount available for Mutual and Self-Help Housing Grants 
for empowerment zones and enterprise communities as proposed by 
the Senate. The House bill had no similar provision.

                    rural housing assistance grants

      The conference agreement provides $41,000,000 for Rural 
Housing Assistance Grants as proposed by the House instead of 
$45,720,000 as proposed by the Senate.
      The conference agreement provides $1,200,000 from the 
total amount available for empowerment zones and enterprise 
communities as proposed by the House instead of $1,372,000 as 
proposed by the Senate. The House bill had no similar 
provision.

                         salaries and expenses

      The conference agreement provides $60,978,000 for 
salaries and expenses as proposed by the Senate instead of 
$57,958,000 as proposed by the House. The conference agreement 
also provides for a transfer of $360,785,000 from the Rural 
Housing Insurance Fund as proposed by the Senate instead of 
$354,785,000 as proposed by the House. The total provided for 
Rural Housing Service salaries and expenses is $421,763,000 as 
proposed by the Senate instead of $412,743,000 as proposed by 
the House.
      The conference agreement includes a provision that allows 
the Administrator of the Rural Housing Service to spend not 
more than $10,000 for non-monetary awards to non-employees of 
the Department of Agriculture. The House bill had no similar 
provision.

                   Rural Business-Cooperative Service

              rural development loan fund program account

      The conference agreement provides a total subsidy of 
$16,615,000 (providing for an estimated loan program level of 
$33,000,000) for the Rural Development Loan Fund Program 
Account as proposed by the Senate instead of $17,622,000 
(providing for an estimated loan program level of $35,000,000) 
as proposed by the House.
      The conference agreement also provides from the total 
amount available a subsidy of $3,215,520 (providing for an 
estimated loan program level of $7,246,000) for empowerment 
zones and enterprise communities as proposed by the Senate.
      The conference agreement also provides $3,482,000 for 
administrative expenses as proposed by the Senate instead of 
$3,499,000 as proposed by the House.
      The conference agreement adopts Senate language that 
provides that funds not obligated for empowerment zones/
enterprise communities by June 30, 1999, will remain available 
for other authorized purposes. The House bill had no similar 
provision.

            rural economic development loans program account

      The conference agreement rescinds $3,783,000 of funds 
derived from interest on the cushion of credit payments 
established in the Rural Electrification Act (7 U.S.C. 901) and 
further provides $3,783,000 (providing for an estimated loan 
program level of $15,000,000) for the cost of loans under the 
Rural Economic Development Loans Program Account as proposed by 
the House instead of $5,801,000 (providing for an estimated 
loan program level of $23,000,000) as proposed by the Senate.

                  rural cooperative development grants

      The conference agreement provides a total of $3,300,000 
for rural cooperative development grants as proposed by the 
House instead of $3,000,000 as proposed by the Senate. Both 
House and Senate bills provide $1,300,000 from the total amount 
available for cooperative agreements for the Appropriate 
Technology Transfer for Rural Areas Program. The conference 
agreement also provides $250,000 for a cooperative development 
program as proposed by the Senate.
      The conference agreement has not earmarked projects under 
this title but the conferees expect the Department to give 
consideration to the following projects requesting assistance 
under the Rural Cooperative Development Grants program: 
agricultural diversification, to be conducted by the Jefferson 
Institute, MO; Silos and Smokestacks, IA; and the Pennsylvania 
Cooperative Development Center. The conferees expect the 
Department to use established review procedures in considering 
these projects.

                         salaries and expenses

      The conference agreement provides a direct appropriation 
of $25,680,000 for salaries and expenses of the Rural Business-
Cooperative Service. The conference agreement further provides 
for transfers of $3,482,000 to this account from the Rural 
Development Loan Fund Program Account as proposed by the Senate 
instead of $3,499,000 as proposed by the House.

  alternative agricultural research and commercialization corporation 
                             revolving fund

      The conference agreement provides $3,500,000 for the 
Alternative Agricultural Research and Commercialization 
Corporation Revolving Fund instead of $7,000,000 as proposed by 
the Senate. The House bill provided no funding for this 
account.

                        Rural Utilities Service

   rural electrification and telecommunications loans program account

      The conference agreement provides a total subsidy of 
$43,319,000 (providing for an estimated loan program level of 
$1,561,500,000) for activities under the Rural Electrification 
and Telecommunications Loans Program Account as proposed by the 
House instead of $43,184,000 (providing for an estimated loan 
program level of $1,511,500,000) as proposed by the Senate.
      The following table reflects the conference agreement:

Rural Electrification and Telecommunications Loans 
    Program Account:
    Loan authorizations:
        Direct loans:
            Electric 5%.................................    (71,500,000)
            Telecommunications 5%.......................    (75,000,000)
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................   (146,500,000)
                    ========================================================
                    ____________________________________________________
        Treasury rates: Telecommunications..............   (300,000,000)
        Muni-rate: Electric.............................   (295,000,000)
        FFB loans:
            Electric, regular...........................   (700,000,000)
            Telecommunications..........................   (120,000,000)
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................   (820,000,000)
                    --------------------------------------------------------
                    ____________________________________________________
             Total, Loan authorizations................. (1,561,500,000)
                    ========================================================
                    ____________________________________________________
    Loan subsidies:
        Direct loans:
            Electric 5%.................................       9,325,000
            Telecommunications 5%.......................       7,342,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................      16,667,000
                    ========================================================
                    ____________________________________________________
        Treasury rates: Telecommunications..............         810,000
        Muni-rate: Electric.............................      25,842,000
        FFB loans: Electric, regular....................................
                    --------------------------------------------------------
                    ____________________________________________________
        Total, Loan subsidies...........................      43,319,000
    RETLP administrative expenses (transfer to RUS).....      29,982,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Rural Electrification and Telecommunications 
      Loans Program Account.............................      73,301,000
        (Loan authorization)............................ (1,561,500,000)

      By increasing the amount available for Federal Financing 
Bank lending, it is the intent of the conferees that the Rural 
Utilities Service will fully utilize the authorities of section 
306 of the Rural Electrification Act by issuing guarantees to 
private sector lenders such as the Cooperative Finance 
Corporation and other legally organized organizations to ensure 
the financial needs of borrowers are met in a timely and 
efficient manner.

                  rural telephone bank program account

      The conference agreement provides a total subsidy of 
$4,174,000 (providing for an estimated loan program level of 
$157,509,000) for the Rural Telephone Bank Program Account 
instead of $4,638,000 (providing for an estimated loan program 
level of $175,000,000) as proposed by the House and $3,710,000 
(providing for an estimated program level of $140,000,000) as 
proposed by the Senate.

               distance learning and telemedicine program

      The conference agreement provides $12,680,000 for the 
Distance Learning and Telemedicine Program as proposed by the 
Senate instead of $10,180,000 as proposed by the House. The 
conference agreement also provides that $12,500,000 of the 
total amount shall be available for grants under this program 
as proposed by the Senate instead of $10,000,000 as proposed by 
the House. Both House and Senate bills provide a subsidy of 
$180,000 from the total amount available, which provides for an 
estimated loan level of $150,000,000.

                    TITLE IV--DOMESTIC FOOD PROGRAMS

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

      The conference agreement provides $554,000 for the Office 
of the Under Secretary for Food, Nutrition and Consumer 
Services as proposed by the Senate. The House bill provided an 
unspecified amount of funding for the Office of the Under 
Secretary from the Food Program Administration account.

                       Food and Nutrition Service

                        child nutrition programs

      The conference agreement provides a total of 
$9,176,897,000 for child nutrition programs instead of 
$9,218,647,000 as proposed by the House and $9,219,897,000 as 
proposed by the Senate. Included in this amount is an 
appropriated amount of $4,128,747,000 and an amount transferred 
from section 32 of $5,048,150,000.
      The conference agreement includes language as proposed by 
the Senate providing that no funds are available for the 
commodity procurement program unless the value of section 32 
commodities and section 416 commodities are calculated in 
meeting the minimum commodity assistance requirement of section 
6(g) of the School Lunch Act.
      The conference agreement provides the following:

Total Obligational Authority

Child Nutrition Programs:
    School lunch program................................  $5,384,452,000
    School breakfast program............................   1,396,955,000
    Child and adult care food program...................   1,611,520,000
    Summer food service program.........................     294,414,000
    Special milk program................................      18,055,000
    State administrative expenses.......................     118,074,000
    Commodity procurement and computer support..........     337,127,000
    School meals initiative.............................      10,000,000
    Coordinated review effort...........................       4,300,000
    Food safety education...............................       2,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................   9,176,897,000

      The conference agreement provides $10,000,000 for the 
school meals initiative. Included in this amount is $4,000,000 
for food service training grants to states, $1,600,000 for 
technical assistance materials, $800,000 for National Food 
Service Management Institute cooperative agreements, $400,000 
for print and electronic food service resource systems, and 
$3,200,000 for other activities.

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

      The conference agreement provides $3,924,000,000 for the 
Special Supplemental Nutrition Program for Women, Infants, and 
Children (WIC) as proposed by the House instead of 
$3,948,000,000 as proposed by the Senate. The conference 
agreement includes bill language that directs USDA to obligate 
$10,000,000 for the farmers' market nutrition program within 45 
days of enactment of this Act, and an additional $5,000,000 for 
the farmers' market nutrition program from any funds not needed 
to maintain current caseload levels.
      The conferees direct that USDA reduce to 120 days the 
time period in which states are required to report on monthly 
obligation of funds as proposed by the House. The Senate had no 
similar language.
      The conferees direct the Department to review the 
methodology and data used to estimate participation and funding 
levels for WIC and to report to the House and Senate Committees 
on Appropriations its recommendations for improvements no later 
than April 1, 1999, as proposed by the House. The Senate had no 
similar language.
      The conferees address the need for a study on WIC cost 
containment activity under the Economic Research Service.
      The conference agreement does not include bill language 
as proposed by the House regarding the allocation of fiscal 
year 1998 recovered funds.
      The conference agreement includes bill language as 
proposed by the House that state agencies required to procure 
infant formula using a competitive bidding system award a 
contract only to the bidder offering the lowest net price.

                           food stamp program

      The conference agreement provides $22,585,106,000 for the 
Food Stamp Program instead of $22,591,806,000 as proposed by 
the House and $23,781,806,000 as proposed by the Senate. 
Included in this amount is a contingency reserve of 
$100,000,000. Also included in this amount is $1,236,000,000 
for nutrition assistance to Puerto Rico and $90,000,000 for 
TEFAP commodity purchases.

                      commodity assistance program

      The conference agreement provides $131,000,000 for the 
Commodity Assistance Program instead of $141,000,000 as 
proposed by the House and Senate. Included in the amount is 
$45,000,000 for administration of TEFAP. The conferees provide 
that these funds may be used for administration or food costs 
at the discretion of the states. The conferees note that there 
is a $10,000,000 carryover from fiscal year 1998 in this 
account for the Commodity Supplemental Food Program and have 
adjusted the appropriation accordingly.

                      food program administration

      The conference agreement provides $108,561,000 for Food 
Program Administration instead of $108,311,000 as proposed by 
the House and $109,069,000 as proposed by the Senate. Included 
in this amount is $252,000 for publication of Dietary 
Guidelines and $725,000 for program and financial integrity 
advancement. The conference agreement includes language that 
withholds $2,000,000 of this appropriation until a final rule 
is promulgated to curb vendor-related fraud in the WIC program 
as proposed by the House.
      The conferees understand USDA is reviewing the Dietary 
Guidelines and should ensure that scientific messages on 
dietary and nutritional behaviors are consistent among the 
Dietary Guidelines, the Food Guide Pyramid, and any related 
nutritional publications.
      The conferees direct that the funds transferred to this 
account from the Economic Research Service be used for 
programmatic studies and evaluations directly related to USDA 
programs, and that any welfare reform studies, analyses, or 
evaluations undertaken shall directly relate to USDA programs.

            TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

         Foreign Agricultural Service and General Sales Manager

      The conference agreement includes a direct appropriation 
of $136,203,000 instead of $131,295,000 as proposed by the 
House and $131,795,000 as proposed by the Senate.
      The conference agreement adopts a Senate provision which 
provides for the transfer of $3,231,000 from the Export Loan 
Program and $1,035,000 from the P.L. 480 program account under 
the P.L. 480 and Export Loan program accounts. The House bill 
provided for these transfers under this heading.
      The conference agreement does not include a Senate 
provision providing up to $2,000,000 solely for the purpose of 
offsetting international exchange rate fluctuations. The House 
bill had no similar provision. The conferees note that the 
deletion of this provision does not indicate a judgment on the 
merits of the request but reflects the fact that the agency has 
not developed a plan for this activity as requested in the 
fiscal year 1998 conference agreement. The conferees expect 
such a plan to be submitted with the fiscal year 2000 
President's Budget.
      The amount provided includes $4,408,000 for the 
International Cooperative Administrative Support Service 
Program.
      Recent economic developments in Russia and other 
countries have jeopardized export markets for many U.S. 
agricultural products. The conferees direct the Secretary to 
utilize existing authorities including, but not limited to, the 
Export Enhancement Program, the Food for Progress Program, P.L. 
480, and GSM credit programs to facilitate additional sales and 
donations to maintain and expand export markets.
      The conferees recognize that poultry has been one of the 
primary components of exports to Russia in the past and that 
Russia has comprised a major portion of the export market for 
U.S. poultry products. The conferees expect the Secretary to 
consider the historic composition of export sales to Russia 
when allocating credits and donations.
      The conference agreement includes $128,000 of the total 
provided for a representation allowance as proposed by the 
Senate instead of $140,000 as proposed by the House. The 
conferees also provide $3,500,000 for the Cochran Fellowship 
Program.

               public law 480 program and grant accounts

      The following table reflects the conference agreement for 
Public Law 480 Program Accounts:

Public Law 480 Program and Grant Accounts:
    Title I--Credit sales:
        Program level...................................   (219,724,000)
            Direct loans................................   (203,475,000)
            Ocean freight differential..................      16,249,000
    Title II--Commodities for disposition abroad:
        Program level...................................   (837,000,000)
        Appropriation...................................     837,000,000
    Title III--Commodity grants:
        Program level...................................    (25,000,000)
        Appropriation...................................      25,000,000
    Loan subsidies......................................     176,596,000
    Salaries and expenses:
        General Sales Manager (transfer to FAS).........       1,035,000
        Farm Service Agency (transfer to FSA)...........         815,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal......................................       1,850,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Public Law 480:
        Program level................................... (1,081,724,000)
        Appropriation...................................   1,056,695,000

      The conferees are concerned that Agency for International 
Development (AID) and Title II operational policies are not 
fully meeting both statutory mandates and the program's primary 
humanitarian objective of providing U.S. agricultural products 
and commodities for feeding the needy worldwide. While 
encouraged by recent aid commitments to increase relief-type 
feeding programs, the conferees expect AID, to the extent 
practicable, in utilizing the funds provided herein, to ensure 
that the non-emergency programs, including monetization 
programs, comply with the statutory requirement that 75% of the 
commodities provided be in the form of highly nutritious value-
added agricultural commodities.

      TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

      The conference agreement includes a direct appropriation 
of $1,103,140,000 for the salaries and expenses of the Food and 
Drug Administration, instead of $998,340,000 as proposed by the 
House and $1,062,642,000 as proposed by the Senate.
      The following table reflects the conference agreement:

Food Safety & Applied Nutrition.........................    $231,580,000
Human Drugs.............................................     200,305,000
Biologics...............................................      96,279,000
Animal Drugs and Feeds..................................      41,973,000
Devices & Radiological Products.........................     145,736,000
National Center for Toxicological Research..............      31,579,000
Tobacco.................................................      34,000,000
Rent and related activities.............................      25,855,000
Other activities........................................      80,694,000
Rental Payments to GSA..................................      82,866,000
                    --------------------------------------------------------
                    ____________________________________________________
    Subtotal............................................     970,867,000
Prescription Drug User Fees \1\.........................     132,273,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................   1,103,140,000

\1\ Of the total $132,273,000 in PDUFA collections, $91,676,000 is for 
Human Drugs, $28,816,000 is for Biologics, $6,353,000 is for other 
activities, and $5,428,000 is for payments to the General Services 
Administration.

       The conference agreement includes an increase of 
$2,500,000 for the Office of Cosmetics and Color; $500,000 to 
begin development of a new approval process for food packaging 
materials; $1,000,000 for the Office of Generic Drugs; and 
$250,000 for the Office of Seafood Inspection. Within the 
amount for the Office of Seafood Inspection $200,000 is for a 
grant to the Interstate Shellfish Sanitation Commission.
      The conference agreement includes an increase of 
$25,000,000 for the Food Safety Initiative. The FDA should use 
$24,500,000 for increased food inspection and $500,000 for 
research at the National Center for Toxicological Research.
      The conferees expect the FDA to publish a proposed rule 
concerning the use of foreign marketing data in the review of 
new sunscreen active ingredients in the sunscreen over-the-
counter drug monograph. The conferees expect the proposed rule 
will be published not later than June 1, 1999.
      The conferees note that the Food and Drug Administration 
will soon consider a citizen petition requesting approval of 
disjunctive labeling for surimi. The conferees strongly urge 
the agency to act in an expeditious manner to propose a rule in 
response to the petition, but in no case shall the FDA propose 
such a rule later than six months after the receipt of the 
citizen petition, nor shall the agency finalize such a rule 
later than twelve months after the receipt of the citizen 
petition.
      Included within the amount is $700,000 for the Clinical 
Pharmacology program. The conferees expect these funds to be 
used for competitive grants.
      The conferees note that recent court decisions (Mova 
Pharmaceutical Corp. v. Shalala, 104 F.3d 1061 (D.C. Cir. 
1998); Granutec, Inc. v. Shalala, No. 97-1873 and No. 97-1874, 
1998 U.S. App. LEXIS 6685 (4th Cir. Apr 3, 1998)) have 
invalidated an element of the Food and Drug Administration's 
regulations regarding the 180-day exclusivity period for first 
applicants under section 505(j)(5)(B)(iv) of the Federal Food, 
Drug, and Cosmetic Act. The conferees strongly urge the FDA to 
use the funds provided to issue new regulations and guidance 
for industry to fulfill the intent of the Generic Drug Act 
(Waxman/Hatch) for the broadest possible availability of 
generic drugs to consumers consistent with the Act.

                        buildings and facilities

      The conference agreement provides $11,350,000 for Food 
and Drug Administration Buildings and Facilities as proposed by 
the House instead of $12,350,000 as proposed by the Senate.
      The conference agreement provides $3,000,000 for 
construction of Phase III at the National Center for 
Toxicological Research as proposed by the House instead of 
$4,000,000 as proposed by the Senate. The conferees expect 
these funds, in addition to any Phase II remaining balances, to 
be sufficient to initiate Phase III construction.

                            rental payments

      The conference agreement provides $88,294,000 for FDA 
rental costs in the salaries and expenses account as proposed 
by the Senate. The House proposed these funds in a separate 
account.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

      The conference agreement provides $61,000,000 for the 
Commodity Futures Trading Commission as proposed by the Senate 
instead of $62,140,000 as proposed by the House.

                       Farm Credit Administration

                 limitation of administrative expenses

      The conference agreement adopts the limitation of 
$35,800,000 on the expenses of the Farm Credit Administration 
as proposed by the House. The Senate bill had no limitation on 
expenses.

                     TITLE VII--GENERAL PROVISIONS

      Senate Section 705.--The conference agreement includes 
language (Section 705) proposed by the Senate to allow up to 
$2,000,000 for costs associated with collocation of APHIS 
regional offices to remain available until expended.
      House Section 710.--The conference agreement does not 
include language proposed by the House that limits agencies' 
reimbursement to General Services Administration for costs for 
rental space.
      House Section 716 and Senate Section 715.--The conference 
agreement includes language (Section 715) proposed by the House 
that allows the Grain Inspection, Packers and Stockyards 
Administration to use cooperative agreements to carry out 
programs.
      Senate Section 716.--The conference agreement includes 
language that allows the Natural Resources Conservation Service 
to use contracts, grants or cooperative agreements for goods or 
services.
      Senate Section 717 and House Section 718.--The conference 
agreement includes language (Section 718) proposed by the 
Senate that permanently prohibits funds of the Market Access 
Program from being used to promote mink product exports.
      House Section 719 and Senate Section 718.--The conference 
agreement includes language (Section 719) to allow up to 
$1,800,000 for expenses of advisory committees, panels, 
commissions, and task forces. The House bill recommended a 
limit of $1,400,000 and the Senate bill recommended a limit of 
$1,350,000.
      Senate Section 722.--The conference agreement includes 
language (Section 723) to require the approval of the Chief 
Information Officer for purchases of information technology 
systems or upgrades by the Department of Agriculture. The 
language also includes a provision to prohibit any transfers of 
funds to the Office of the Chief Information Officer without 
the prior approval of the Committees on Appropriation of both 
Houses.
      House Section 724.--The conference agreement does not 
include language relating to common support services. The 
conferees concur that the Department has sufficient authority 
to carry out such a program.
      Senate Section 724.--The conference agreement modifies 
language (Section 727) to prohibit contract acreage payments to 
a producer who plants wild rice on contract acreage unless the 
contract payment is reduced by an acre for each contract acre 
planted to wild rice. The agreement deletes the Senate 
provision that made this permanent law.
      Senate Section 725.--The conference agreement includes 
language (Section 728) that names the National Rice Germplasm 
Evaluation and Enhancement Center the ``Dale Bumpers National 
Rice Research Center.''
      Senate Section 726.--The conference agreement includes 
language (Section 729) proposed by the Senate to allow the 
Secretary of Agriculture to transfer, subject to reprogramming 
requirements, up to $26,000,000 for authorized programs to 
benefit the Lower Mississippi Delta Region. This amount should 
include any and all funds provided to that region as part of 
the total.
      House Section 725 and Senate Section 727.--The conference 
agreement includes language (Section 725) to prohibit funding 
for the Fund for Rural America.
      House Section 726.--The conference agreement does not 
include language proposed by the House that prohibited funding 
for the Wildlife Habitat Incentive Program.
      House Section 727.--The conference agreement includes 
language (Section 726) proposed by the House that limits 
funding for the Environmental Quality Incentives Program to 
$174,000,000.
      House and Senate Section 728.--The conference agreement 
includes language (Section 730) to limit acreage enrolled in 
the Wetlands Reserve Program to 120,000 acres as proposed by 
the Senate. The House proposed a limit of 130,000 acres.
      House and Senate Section 729.--The conference agreement 
includes language (Section 731) to limit funding for The 
Emergency Food Assistance Program to $90,000,000 as proposed by 
the House instead of $80,000,000 as proposed by the Senate.
      Senate Section 730 and House Section 739.--The conference 
agreement includes language (Section 740) that prohibits 
funding for the Conservation Farm Option Program as proposed by 
both the House and Senate.
      House Section 730.--The conference agreement includes 
language (Section 732) that prohibits funding for the 
Initiative for Future Agricultural and Food Systems (P.L. 105-
185) as proposed by the House.
      Senate Section 731.--The conference agreement includes 
language (Section 743) proposed by the Senate that amended 
Public Law 102-237 with regard to control of the brown tree 
snake.
      House Section 731.--The conference agreement includes 
language (Section 733) proposed by the House to make the City 
of Big Spring, Texas eligible for rural housing programs.
      House Section 732.--The conference agreement includes 
language (Section 734) that makes the municipality of Carolina, 
Puerto Rico eligible for grants and loans administered by the 
Rural Utilities Service.
      Senate Section 732.--The conference agreement includes 
language (Section 744) as proposed by the Senate that makes 
funds in this or any other Act available for financial and 
technical assistance for the purpose of constructing the 
Franklin County Lake Project, Mississippi.
      House Section 734 and Senate Section 736.--The conference 
agreement includes language (Section 736) as proposed by the 
House that does not allow funds from this Act to be used to 
carry out any commodity purchase program that would prohibit 
eligibility or participation by a farmer-owned cooperative.
      Senate Section 733.--The conference agreement includes 
language (Section 745) that makes the cost share requirement 
for Alaska water and wastewater loan and grants 25% and the 
authorized level $20,000,000.
      Senate Section 735.--The conference agreement includes 
language (Section 746) as proposed by the Senate that prohibits 
the Food and Drug Administration from closing or relocating the 
Division of Drug Analysis in St. Louis, MO.
      House Section 735.--The conference agreement includes 
language (Section 737) as proposed by the House that amends the 
technical definition of the word ``antibacterial'' in the 
Federal Food, Drug, and Cosmetic Act.
      House Section 736.--The conference agreement includes 
language (Section 738) as proposed by the House that prohibits 
funds from being used to issue a final rule to implement the 
amendments to the Federal milk marketing orders as required by 
subsection (a) of the Agricultural Market Transition Act other 
than during the period February 1, 1999 through April 4, 1999. 
The conference agreement also modifies the House provision to 
include language clarifying marketing order reform in the State 
of California.
      House Section 737 and Senate Section 738.--The conference 
agreement does not include language proposed by both the House 
and Senate related to sanctions for the sales of agricultural 
products. A similar provision has been enacted into law.
      Senate Section 737.--The conference agreement includes 
language (Section 747) proposed by the Senate which requires 
the Secretary of Agriculture to inspect and certify 
agricultural processing equipment and to impose a fee for the 
inspection and certification in a manner that is similar to the 
inspection and certification of agricultural products under the 
Agricultural Marketing Act of 1946.
      House Section 738.--The conference agreement includes 
language (Section 739) which requires that when the Secretary 
of Agriculture announces the basic formula price for milk, the 
Secretary shall include in the announcement an estimate of the 
costs incurred by milk producers to produce milk in the 
different regions of the United States.
      Senate Section 739.--The conference agreement includes 
language (Section 748) as proposed by the Senate to prohibit 
funds from being used to require a producer to pay an 
administrative fee of 10 per cent for catastrophic insurance 
protection. The language also makes the provision permanent 
law.
      House Section 740 and Senate Section 761.--The conference 
agreement includes bill language (Section 741) that waives the 
statute of limitations on non-employment complaints of 
discrimination in certain programs of the Department of 
Agriculture.
      Senate Section 741.--The conference agreement includes 
language (Section 749) as proposed by the Senate that mandates 
the indefinite continuation of a personnel management 
demonstration project.
      House Section 741.--The conference agreement does not 
include language as proposed by the House that provides that 
the Secretary may not deny certain guarantees in housing on the 
basis that the interest on the loan for which the guarantee is 
sought is exempt from inclusion in gross income for purposes of 
Chapter 1 of the Internal Revenue Code of 1986. This provision 
has been authorized in other legislation.
      Senate Section 742.--The conference agreement does not 
include language proposed by the Senate that extends the 
authorization of certain provisions of the Housing Act of 1949. 
These provisions have been authorized in other legislation. The 
conference agreement provides language (Section 750) making 
foreign national employees of the Foreign Agricultural Service, 
killed or injured in the bombings of the U.S. embassies in 
Kenya and Tanzania, eligible for certain types of compensation.
      Section 742.--The conference agreement includes language 
that makes the Secretary of Agriculture liable for compensatory 
damages to farmers who are found to have been discriminated 
against under any farm loan program or activity conducted by 
the USDA in violation of section 504 of the Rehabilitation Act 
of 1973.
      House Section 742.--The conference agreement does not 
include language to prohibit the Food and Drug Administration 
from using funds for the testing, development, or approval of 
any drug for the chemical inducement of abortion.
      Senate Section 743.--The conference agreement does not 
include bill language as proposed by the Senate requiring a 
review of methyl bromide alternatives research. The House bill 
had no similar provision. The conferees expect the Agricultural 
Research Service to conduct a review of the methyl bromide 
alternatives research conducted by the Department. The review 
should include: (1) the total amount of funds expended by the 
Department for methyl bromide alternatives research for each 
fiscal year 1990 to 1997 and estimates for fiscal years 1998 
and 1999, including a description of how funds are distributed 
and utilized; (2) descriptions of plot and field scale testing 
of methyl bromide alternatives conducted in fiscal years 1990 
through 1998, including: (a) total amount of funds expended for 
plot and field scale testing; and (b) the results of the 
testing and the impact of the results on future research; and 
(3) a description of the variables that impact the 
effectiveness of methyl bromide alternatives and the 
Department's strategy for addressing them.
      The conferees expect the Department to submit a report 
describing the results of its review to the appropriate 
committees of both Houses of Congress not later than 180 days 
after enactment of this Act.
      Senate Section 744.--The conference agreement does not 
include language proposed by the Senate regarding the need to 
provide drought relief in Texas. The conference agreement 
includes language related to all agriculture disasters in 
Titles XI-XIII.
      Senate Section 745.--The conference agreement includes 
language (Section 751) proposed by the Senate that amends the 
1985 farm bill to exempt 30-year easements from payment 
limitations for the Wetlands Reserve Program.
      Senate Section 746.--The conference agreement includes 
language (Section 752) proposed by the Senate that acceptance 
of Wetlands Reserve Program bids may be in proportion to 
landowner interest expressed in program operations.
      Senate Section 748.--The conference agreement includes 
language (Section 754) proposed by the Senate that prohibits 
funds from being used to prepare a budget submission to 
Congress that assumes reductions from the previous year's 
budget due to user fee proposals unless the submission also 
identifies spending reductions which should occur if the user 
fees are not enacted.
      Senate Sections 747 and 752.--The conference agreement 
includes language (Section 753) that makes several technical 
corrections to the Agriculture Research, Extension, and 
Education Reform Act.
      Senate Section 749.--The conference agreement does not 
include language to establish a pilot program to permit haying 
and grazing on conservation reserve land.
      Senate Section 750.--The conference agreement includes 
language proposed by the Senate (Section 755) that amends the 
Agricultural Marketing Act of 1946 regarding shipment of shell 
eggs and mandates a report on egg safety and repackaging.
      Senate Section 751.--The conference agreement does not 
include the sense of the Senate provision regarding economic 
hardships faced by agricultural producers and rural 
communities. The conference agreement includes language related 
to agriculture disasters in Titles XI-XIII.
      Senate Section 753.--The conference agreement does not 
include language proposed by the Senate that exempts food, 
other agricultural products, medicines and medical equipment 
from export control sanctions except where the country 
repeatedly provided support for the acts of terrorism.
      Senate Section 754.--The conference agreement does not 
include language proposed by the Senate regarding mandatory 
price reporting. Mandatory price reporting language is included 
in section 1127 of title XI of this Act.
      The conferees direct the Secretary of Agriculture to take 
steps to increase the voluntary reporting of fed cattle, and 
wholesale beef carcass prices and volumes on a quality and 
yield grade basis, as well as the prices and volumes of boxed 
beef (on carcass equivalent basis) sales by quality grades and 
trim categories, on a daily basis. These reports may include 
all domestic and international forward sales for delivery 
period currently reported, prices for branded products, sales 
delivered as priced basis to a futures contract, sales of less 
than carlot volume and formulated sales. The Secretary shall 
encourage the reporting of the price differential for USDA 
Prime, the upper \2/3\ of USDA Choice, and a sub-select price 
category. Reports should include imported beef products and 
livestock.
      With regard to lamb, the conferees direct the Secretary 
of Agriculture to expand current voluntary reporting of live 
lamb and wholesale lamb carcass prices and volumes on a yield 
grade basis, as well as the prices and volumes of boxed lamb 
and other fabricated lamb cut sales. Price should be reported 
on a weekly basis, for the period currently reported, and 
should include prices for certified and branded products, sales 
of less than carlot volume and formulated sales. Reports should 
include imported lamb products.
      The Secretary of Agriculture shall compile and publish 
price, volume sales, and the shipment information regarding all 
exports and imports of beef, veal, lamb and products thereof 
which is collected via the expanded voluntary process. The 
livestock, carcass, boxed product, primal, sub-primal and other 
meat cut descriptions currently being used by AMS Market News 
Service should serve as a basis for describing and reporting 
imported and exported products for price and volume purposes. 
The Secretary shall also standardize AMS price reporting data 
collection activities to ensure uniformity and complete sales 
data capture and to maximize the information available to all 
aspects of the industry. The Secretary shall report to Congress 
on the feasibility or need for mandatory price reporting. The 
Secretary shall encourage the information to be reported not 
later than one week after the end of the week during which 
exports occurred consistent with the advanced notice of rule-
making published by USDA during 1997.
      Senate Section 755.--The conference agreement does not 
include language related to metered dose inhalers. The House 
bill had no similar provision. The conferees note the Senate's 
interest in a transition from the use of chlorofluorocarbons 
(CFCs) in metered-dose inhalers (MDIs) to less environmentally 
damaging substances, as required by international treaty. The 
use of CFCs has been shown to be harmful to the atmospheric 
ozone layer, which protects humans from skin cancer, although 
the magnitude of the environmental impact of the amount of CFCs 
used in MDIs is unclear. Metered-dose inhalers, which contain 
CFCs as propellants, are used primarily for the treatment of 
asthma and other chronic pulmonary disorders. Asthma and 
pulmonary patients and physicians rightfully believe that the 
Food and Drug Administration (FDA) must consider their 
concerns, as well as the need to have a range of suitable 
substitutes in place before current products are withdrawn from 
the market, as the agency moves forward with a proposal to 
manage the transition from CFC to non-CFC products. At the same 
time, clear and timely guidance about a transition process is 
needed by both patients and caregivers. Therefore, the 
conferees direct FDA to devote the resources necessary to 
ensure that a proposed rule is issued no later than September 
1, 1999.
      Senate Section 756.--The conference agreement does not 
include language proposed by the Senate directing the 
Secretary, in consultation with the Comptroller General, to 
submit a report on the Market Access Program (MAP) to the 
appropriate committees of Congress not later than 180 days 
after enactment of this Act.
      The conferees direct the Secretary to produce a report on 
the MAP which should include an analysis of the costs and 
benefits of the program for compliance with OMB circular A-94; 
estimate the impact of MAP on the agricultural sector, on 
consumers, and other sectors of the economy in the United 
States; assess the relation between the priorities and spending 
levels of programs carried out under MAP and the privately 
funded market promotion activities undertaken by participants 
in the programs; and evaluate the additional spending of 
participants and the amount of export additionally resulting 
from the MAP.
      Senate Section 757.--The conference agreement does not 
include Sense of the Senate language regarding the economic 
effect of low commodity prices. The conference agreement 
includes language regarding agricultural disasters in Titles 
XI-XIII.
      Senate Section 758.--The conference agreement does not 
include language as proposed by the Senate that amends the law 
regarding reserve inventories. The conference agreement 
includes language relating to agricultural disasters in Titles 
XI-XIII.
      Senate Section 759.--The conference agreement does not 
include language proposed by the Senate that provided for an 
assessment on tobacco programs and reductions in several 
Department of Agriculture programs and increased funding for 
food safety related activities.
      Senate Section 760.--The conference agreement (Section 
756) modifies Senate Section 760 and reduces the spending cap 
on computer-related activities funding through the CCC.
      Senate Section 762.--The conference agreement does not 
include language proposed by the Senate to amend the Census of 
Agriculture Act of 1997. This issue is addressed under the 
National Agricultural Statistics Service.
      Senate Section 763.--The conference agreement includes 
language (Section 757) as proposed by the Senate that makes 
certain owners of trees with fire blight eligible for disaster 
assistance.
      Senate Section 764.--The conference agreement does not 
include language as proposed by the Senate that requires the 
Secretary of Agriculture to make assistance and information 
available to the Commission on 21st Century Production 
Agriculture. The conferees expect the Secretary to assist and 
cooperate as necessary with the Commission.
      Senate Section 765.--The conference agreement does not 
include bill language requiring country of origin labeling for 
fresh produce.
      The conferees direct the General Accounting Office (GAO) 
to conduct a comprehensive study on the potential effects of 
mandatory country of origin labeling of fresh produce. This 
report should assess the impact of such mandatory labeling 
requirements on importers, producers, consumers, and retailers, 
including a cost/benefit analysis. The report should identify 
U.S. trading-partner countries which currently have country of 
origin practices in place, the nature and scope of such 
practices, and a record of U.S. challenges to those 
requirements. The GAO report should also address the ability of 
the Federal government and the public to respond to warnings 
about the outbreak of food-borne illness arising from imported 
produce. The final report should be submitted to the Congress 
no later than six months after the enactment of this Act.
      Senate Section 766.--The conference agreement does not 
include the Sense of the Senate provision that certain programs 
in the bill receive additional funding in the event that 
additional allocation becomes available.
      Senate Section 767.--The conference agreement does not 
include a provision requiring creation of a new Office of the 
Small Farms Advocate as provided in the Senate bill. The 
conferees believe that better management of existing programs 
within the Department, generally, would result in a more 
efficient and effective use of limited resources as they apply 
to small farms and other considerations. Accordingly, the 
conferees urge the Secretary to coordinate activities and to 
encourage policy considerations within existing programs of the 
Department that promote the needs of small farm operators and 
that may help reverse the unwarranted decline in small farm 
operations.
      Senate Section 768.--The conference agreement does not 
include Senate language addressing the inadvertent planting of 
ineligible beans. The conferees are aware that there may be 
instances in which producers, in good faith or in reliance on 
information provided by agricultural consultants, inadvertently 
planted crops in violation of section 118 of the Federal 
Agriculture Improvement and Reform Act of 1996 (FAIR). The FAIR 
Act encouraged producers to exercise planting flexibility in 
order to adapt to new markets and to promote sound conservation 
and agronomic practices. Accordingly, the Secretary is urged to 
exercise reasonable treatment of producers in order to avoid 
harmful consequences.
      Senate Section 769.--The conference agreement does not 
include language as proposed by the Senate that requires a 
report to Congress on a recommendation to lift theban on 
interstate distribution of state inspected meat. The conferees direct 
the Secretary of Agriculture to report to the House and Senate 
Committees on Appropriations by March 1, 1999, with recommendations on 
lifting the ban on the interstate distribution of State-inspected meat.
      Senate Section 770.--The conference agreement includes 
language under Title VIII regarding loans to borrowers who have 
received debt forgiveness.
      Senate Section 771.--The conference agreement does not 
include language related to the definition of family farm.
      Senate Section 772.--The conference agreement includes 
language under Title VIII regarding the basis for denial of 
loans.
      Senate Section 773.--The conference agreement does not 
include language as proposed by the Senate that amends the 
Federal Food, Drug, and Cosmetic Act regarding medical drug and 
device recalls.
      Section 759.--The conference agreement includes language 
proposed by the House to make the city of Vineland, New Jersey 
eligible for programs administered by the Rural Housing Service 
and the Rural Business-Cooperative Service.
      Section 760.--The conferees include language that places 
a moratorium on the rule-making authority of the Commodity 
Futures Trading Commission (CFTC) over swaps and derivatives 
until March 30, 1999. The conferees do not intend to preclude 
the CFTC's participation in the President's Working Group on 
Financial Markets. Further, the conferees do not intend to 
preclude the Commission from taking action pursuant to any 
determination by the President's Working Group on Financial 
Markets regarding regulatory restraints with respect to 
qualifying hybrid instruments and swap agreements.
      In light of recent market events, including the need for 
financial rescue measures to avert the collapse of a large 
hedge fund, the conferees strongly urge the President's Working 
Group on Financial Markets to undertake an immediate review and 
study of over-the-counter transactions of entities such as 
hedge funds and their relationships with their creditors. This 
provision would not interfere with the Commission's ability to 
take action in furtherance of any determination by the 
President's Working Group.
      Section 761.--The conference agreement includes language 
providing a limitation on the use of funds to carry out section 
612 of Public Law 105-185.
      Section 762.--The conference agreement includes language 
amending section 136 of the Agricultural Market Transition Act 
(7 U.S.C. 7236) by striking ``1.25 cents'' each place it 
appears in subsection (a) and (b) and inserting ``3 cents''.
      Section 763.--The conference agreement includes language 
regarding the distribution of funds made available by section 
1124 of subtitle C of Title XI of this Act.
      Section 764.--The conference agreement includes language 
regarding methyl bromide.
      Section 765.--The conference agreement includes language 
that allows permanent employees of the Farm Service Agency 
county committees employed in fiscal year 1998 to apply for 
Department of Agriculture civil service vacancies.
      Section 766.--The conference agreement provides not to 
exceed $15,000,000 for grants in connection with a second round 
for rural empowerment zone and rural enterprise community 
program designations.

                    TITLE VIII--AGRICULTURAL CREDIT

      The conference agreement includes several changes to 
agricultural credit laws including eligibility for emergency 
loans, notification of ineligibility for loans, training 
requirement exemptions, limitations on amount of farm loans, 
and cash flow requirements.

                  TITLE IX--INDIA-PAKISTAN RELIEF ACT

      The conference agreement adopts Senate language (Title 
IX) allowing waivers of certain export control laws for India 
and Pakistan.

                            (SENATE TITLE X)

      The conference agreement does not include language 
proposed by the Senate requiring meat labeling.
      The conferees direct the Secretary to conduct a 
comprehensive study on the potential effects of mandatory 
country of origin labeling of imported fresh muscle cuts of 
beef and lamb. The report shall include the impact of such 
requirements on imports, exports, livestock producers, 
consumers, processors, packers, distributors and grocers. The 
report shall also include, but is not limited to, the 
following: any additional costs to the Federal government which 
would be incurred as a result of mandatory country of origin 
labeling of imported fresh muscle cuts of beef and lamb; the 
projected costs for beef and lamb distributors, retailers or 
consumers; any projected gains that may result from country of 
origin labeling of imported fresh muscle cuts of beef and lamb; 
and any empirical evidence of benefit or harm, to producers, 
processors, distributors, retailers or consumers produced by 
similar labeling programs in other countries. The report shall 
be submitted to Congress no later than 6 months after the 
enactment of this Act and shall contain a detailed statement of 
the findings and conclusions of the Secretary, together with 
his recommendations for such legislation and administrative 
actions as he considers appropriate.
      The study may also consider the economic effects of 
exempting imported beef and lamb, including meat produced from 
animals imported directly for slaughter in sealed trucks and 
containers, from eligibility for USDA quality grades. The 
Secretary is directed to differentiate ``meat produced from 
animals in sealed trucks and containers directly for 
slaughter'' from ``U.S. production'' in all market reports.

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

      The conferees have included bill language that gives the 
Secretary of Agriculture the authority to create an Under 
Secretary for Marketing and Regulatory Programs position at 
USDA.

             TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE

      The conference agreement includes funding to provide 
assistance to agricultural producers who have suffered 
financial hardship due to adverse weather conditions and loss 
of markets.
      The conference agreement provides $1,500,000,000 in 
assistance directed to producers who have incurred losses in 
the 1998 crop due to disaster. An additional $875,000,000 is 
provided to make available assistance to producers who have 
incurred multiyear losses in the period to include 1998 and 
preceding crop years. The Secretary may make assistance 
available for crop losses due to losses in quantity, quality or 
severe economic losses due to damaging weather or related 
conditions.
        The conference agreement requires that producers 
receiving crop loss assistance who have not purchased crop 
insurance for the 1998 crop shall agree to purchase crop 
insurance for the 1999 and 2000 crops produced by the 
producers.
        The conference agreement makes available $200,000,000 
to provide livestock feed assistance to livestock producers 
affected by disasters during calendar year 1998.
        The conferees have granted the Secretary broad 
authority to create and implement a crop loss assistance 
program with the funds made available. This will allow the 
Secretary to complete an assessment of 1998 crop losses and 
provide the maximum flexibility to expedite the delivery of 
assistance.
        The conference agreement provides $3,057,000,000 to 
partially compensate producers for loss of markets in 1998 due 
to circumstances beyond their control, such as regional 
economic dislocation, unilateral trade sanctions and failure of 
the government to pursue trade opportunities aggressively. 
Payments shall be proportional to the amount of the production 
flexibility contract payment made to producers in fiscal year 
1998.

                          TITLE XII--BIODIESEL

      The conference agreement includes language that creates a 
biodiesel program. The Senate bill included similar language.

                  TITLE XIII--EMERGENCY APPROPRIATIONS

      The conference agreement includes additional funding for 
emergency related costs including $40,000,000 for salaries and 
expenses for the Farm Service Agency to carry out Title XI of 
this Act, $31,405,000 for subsidy costs for additional 
operating loans for a total loan amount of $540,510,000, 
$3,000,000 for the Dairy Production Disaster Assistance Program 
and $10,000,000 for the Forestry Incentives Program.
      The conference agreement makes available $200,000.000 to 
dairy producers in a manner to be determined by the Secretary 
of Agriculture.
      Any market loss payments made under authority of this 
legislation shall not be treated as a contract (AMTA) payment 
for purposes of section 115 of Title I of the Federal 
Agriculture Improvement and Reform Act of 1996 or section 1001, 
paragraphs (1) through (4), of the Food Security Act of 1985.
      To ensure timely delivery of market loss payments to 
eligible producers and owners, the conferees urge the Secretary 
to make the payments available under the same terms and 
conditions as 1998 contract payments provided these payments 
are excluded from the provisions of section 115 of title I of 
the Federal Agriculture Improvement and Reform Act of 1996 and 
section 1001, paragraphs (1) through (4), as amended, of the 
Food Security Act of 1985. It should not be necessary to 
require eligible owners and operators to file new contracts or 
redesignate shares in order to receive market loss payments.
        The agreement includes $50,000,000 for emergency 
disaster assistance to persons or entities who have incurred 
losses from a failure under section 312(a) of P.L. 94-265, 
$5,000,000 for cotton warehouse losses, temporary recourse 
loans for honey and mohair, and adjustments to crop insurance 
for raisin producers. The conference agreement includes 
language providing additional funds for the Food for Progress 
program.
        The conferees direct the Farm Service Agency to take 
into consideration the history of flooding in a watershed in 
determining emergency conservation program eligibility in 
Vermont.
        The conferees expect the Secretary of Agriculture to 
extend for two years the time period that a participant in the 
Conservation Reserve Program (CRP) has for completion of 
pruning, thinning, and stand improvement of trees on lands 
subject to a contract under CRP. Such pruning, thinning, or 
stand improvement activities are otherwise required to be 
completed under the contract in 1998 or 1999.
        The conferees expect the Secretary of Agriculture to 
provide guaranteed loans for purposes of installing irrigation 
systems if a farmer operates a farm within an area that has 
been declared an agricultural disaster due to drought 
conditions.
        The conferees understand that in addition to the 
devastating forest fires that occurred in Florida earlier this 
year, the drought in Texas has also had a significant impact on 
timber production and forest health. The conferees also 
understand that it may take several planting seasons to 
complete the reforestation due to lack of available planting 
stock.
        The conferees are concerned about the weather-related 
crop losses that have devastated New York State fruit and onion 
growers in 1998. The Secretary shall make funding available to 
assist producers who have incurred losses during the 1998 crop 
year to fruit crops and to the trees and vines on which those 
fruit crops are produced.
        The Secretary is also directed to develop a crop 
disaster assistance program suitable for the New York State 
fruit and onion growers. The Secretary shall provide financial 
assistance to apple producers proportioned according to their 
volume of apples sold in fresh, processing and juice markets, 
based on 1997 marketing data, and shall not deduct a salvage 
value when the cost of harvesting a crop in that marketing 
category approximates the 1998 cash market value at the time of 
harvest.
        The Secretary shall make eligible for the Emergency 
Conservation Program fruit drops in orchards as well as 
replacement of trellises in orchards and vineyards that were 
damaged by storms.
        The managers direct that in carrying out the disaster 
relief activities funded by this conference agreement, the 
Secretary of Agriculture shall give particular attention to 
assessing and meeting the needs of Puerto Rico and the United 
States Virgin Islands following Hurricane Georges. The 
Secretary should take all necessary steps to help the 
territories recover from the 1998 hurricane season and restore 
their agricultural economies, such as covering losses in 
livestock and non-program crops, including but not limited to 
coffee, bananas, and tropical fruits.
      The conference agreement includes language that provides 
for a domestic market reporting pilot program and an export 
market reporting pilot investigation. The conferees expect the 
Secretary to utilize any previously collected data to the 
maximum extent practicable in implementing this section. 
Nothing in this section shall be construed as requiring the 
reporting of information relating to feeder cattle.

                   Conference Total--With Comparisons

    The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998... $49,793,563,000
Budget estimates of new (obligational) authority, fiscal 
    year 1999...........................................  59,567,544,000
House bill, fiscal year 1999............................  55,883,142,000
Senate bill, fiscal year 1999...........................  56,820,368,000
Conference agreement, fiscal year 1999..................  61,607,490,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998.............................................. +11,813,927,000
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................  +2,039,946,000
    House bill, fiscal year 1999........................  +5,724,348,000
    Senate bill, fiscal year 1999.......................  +4,787,122,000

   SECTION 101(b): DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

      The conferees on H.R. 4328 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the differences in the House and Senate 
versions of H.R. 4276, the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations 
Act, 1999, by members of the appropriations subcommittee of 
both the House and Senate with jurisdiction over H.R. 4276.
      The legislative intent in the House and Senate versions 
in H.R. 4276 is set forth in the accompanying House report (H. 
Rept. 105-636) and the accompanying Senate report (S. Rept. 
105-235).

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         SALARIES AND EXPENSES

      The conference agreement includes $79,448,000 for General 
Administration, as proposed in the House bill, instead of 
$76,199,000 as proposed in the Senate bill.
      Within this amount, the conference agreement includes 
$8,136,000 for the Department Leadership Program, as proposed 
in the House bill, instead of $7,860,000, as proposed in the 
Senate bill. In addition, the conference agreement includes a 
provision, as proposed in the House bill, that retains the 
level of augmentation in the Department Leadership Program to 
the level that occurred in these offices in fiscal year 1998, 
which was not included in the Senate bill.
      The conference agreement also includes a provision that 
provides 41 permanent positions and 48 full-time equivalent 
workyears and $4,811,000 for the Offices of Legislative Affairs 
and Public Affairs, as proposed in the House bill, instead of 
39 permanent positions and 39 full-time equivalent workyears 
and $4,660,000, as proposed in the Senate bill.
      The conference agreement includes a provision that 
provides the Attorney General the authority to transfer 
forfeited property of limited value to a State or local 
government or its designee for certain community-based 
programs, subject to reprogramming requirements, as proposed in 
the Senate bill. The House bill included a similar provision in 
Section 109. The House and Senate report language with respect 
to the study of Justice issues in Alaska, the transfer of 
$5,000,000 to the Justice Management Division, and the House 
report language with respect to the Immigration and 
Naturalization Service is adopted by reference.

                     JOINT AUTOMATED BOOKING SYSTEM

      The conference agreement does not include $10,000,000 in 
a separate account to fund the Joint Automated Booking System, 
as proposed in the Senate bill. This is an activity which may 
be funded in fiscal year 1999 with Super Surplus funds 
available under the Assets Forfeiture Fund, as proposed in the 
House bill. In future years, it is expected that additional 
funding will be proposed as a separate account.

                       NARROWBAND COMMUNICATIONS

      The conference agreement does not include new direct 
appropriations for this Fund. Instead, the conference agreement 
assumes that up to $23,396,000 may be derivedfrom Super Surplus 
balances in the Assets Forfeiture Fund to establish this Fund to be 
under the control of the Attorney General.
      Of the total amounts available in the Fund in fiscal year 
1999, the Attorney General is expected to use up to $5,552,000 
to establish a Department-wide narrowband program office and to 
conduct a baseline technical assessment of wireless 
communications to support Department-wide conversion in order 
to maximize opportunities for interoperability and resource 
sharing. In accordance with the direction included in both the 
House and Senate reports, the Attorney General is expected to 
submit a narrowband conversion master plan to the Committees on 
Appropriations no later than December 1, 1998. In addition, the 
Attorney General is expected to ensure that Department of 
Justice components comply with the direction included in the 
Senate report with respect to the purchase of communications 
equipment.

                         COUNTERTERRORISM FUND

      The conference agreement includes $145,000,000 in direct 
appropriations for the Counterterrorism Fund, instead of 
$89,200,000 as proposed in the House bill and $193,999,000 as 
proposed in the Senate bill.
      The conference agreement includes $10,000,000 from the 
Counterterrorism Fund for the National Critical Infrastructure 
Protection Center (NIPC), instead of $19,999,000 proposed in 
the Senate bill. The NIPC was established in fiscal year 1998 
as the Computer Intrusion Threat Assessment Center (CITAC). The 
House bill did not propose funding NIPC from the Fund, but 
instead provided resources under the Federal Bureau of 
Investigations (FBI) Salaries and Expenses account. The 
conference agreement appropriates a total of $43,542,000 for 
the NIPC, $28,677,000 above the fiscal year 1998 level, of 
which $10,000,000 is provided in this account and $33,542,000 
is provided in the FBI Salaries and Expenses account. Should 
funds become available in the Department of Justice Working 
Capital Fund, the Attorney General is encouraged to provide 
additional support to the NIPC, if warranted.
      The conference agreement does not include provisions, 
recommended in the Senate bill, to expand the use of the Fund 
to reimburse other Federal agencies for their operational costs 
associated with participation in the NIPC, as such action is 
inconsistent with the manner in which other interagency 
activities, such as the FBI's Counterterrorism Center, are 
currently funded. The Department of Justice and other Federal 
agencies are expected to cooperate to the fullest extent of 
their authorities and expertise in the response planning, 
prevention, detection, deterrence and elimination of 
vulnerabilities to our Nation's critical infrastructure. These 
agencies are encouraged to ensure that the resources required 
to protect these critical infrastructures are given a high 
priority within each agency's programs and initiatives.
      In addition, the conference agreement provides 
$135,000,000 to continue the initiative begun in fiscal year 
1998 to assist States and localities in becoming fully prepared 
to respond to the increasing threat of chemical and biological 
attacks resulting from incidents of domestic and international 
terrorism. In many instances, the Nation's front line response 
capability for a domestic chemical or biological terrorist 
incident rests with these agencies, including firefighters, 
emergency services personnel, law enforcement, bomb 
technicians, and other emergency response personnel. To ensure 
that these ``first responders'' are equipped and prepared to 
meet this challenge, the conference agreement includes the 
following:
      --First Responders Equipment Acquisition Program.--
$75,500,000 to provide personnel protective gear, and 
detection, decontamination, and communications equipment to be 
targeted to the 157 largest cities and localities, as well as 
the States. Of this amount, $4,000,000 is for equipment for the 
National Domestic Preparedness Consortium to be distributed as 
described below under Training; and $2,000,000 is for transfer 
to the Office of Justice Programs (OJP) for management and 
administration of this and other related grant and training 
programs. The Attorney General is encouraged to use OJP for the 
administration and management of the equipment purchasing and 
training programs.
      --Municipal Fire and Emergency Services.--$25,000,000 to 
expand equipment and training programs targeted specifically to 
municipal fire and emergency services departments as follows: 
(1) $16,000,000 for grants of equipment directly to local fire 
departments, hazardous materials response teams, and emergency 
medical services agencies; (2) $4,000,000 for interoperable 
radio equipment for local emergency response agencies; and (3) 
$5,000,000 for training and assistance to these entities as 
authorized by section 819 of the Antiterrorism and Effective 
Death Penalty Act of 1996. This funding is in addition to 
amounts otherwise available for these agencies under the First 
Responders Equipment Acquisition program.
      --State and Local Bomb Technician Equipment.--$25,000,000 
is expected to be provided by the Attorney General for this 
purpose, should funds be available in the Department of Justice 
Working Capital Fund.
      --Training.--$18,000,000 to support training activities. 
Of this amount, $16,000,000 is to support the activities of the 
National Domestic Preparedness Consortium. The following 
Consortium members are to receive $2,000,000 each from these 
training programs: the National Energetic Materials Research 
and Testing Center, New Mexico Institute of Mining and 
Technology; the National Center for Bio-Medical Research and 
Training, Louisiana State University; the National Emergency 
Response and Rescue Training Center, Texas A&M University; and 
the National Exercise, Test, and Training Center, Nevada test 
site. Each of these Consortium members are to receive an 
additional $1,000,000 from the equipment grant program. 
Further, the conference agreement includes $8,000,000 for the 
Center for Domestic Preparedness, Fort McClellan, AL within the 
training program. Funding is to be provided by OJP directly to 
each member of the Consortium. OJP is expected to utilize the 
Consortium members to the fullest extent possible, including 
the Consortium members' existing facilities, resources and 
expertise, to support cooperative programs to achieve cost-
effective delivery of equipment, technical assistance, training 
and situational exercises. To maximize training accessibility, 
multiple facilities and expertise must be utilized, requiring 
parallel efforts to be coordinated between OJP and Consortium 
members.
      In addition, the conference agreement appropriates 
$2,000,000 from the Fund for State and local law enforcement 
training activities. Funding for this activity was previously 
included under the Bureau of Justice Assistance account. The 
conference agreement does not provide funding in the Fund for 
State and local bomb technician training, and instead addresses 
this matter under the FBI Salaries and Expenses account.
      --Situational Exercises.--$3,500,000 is for situational 
exercises to ensure that first responders training includes 
real-life situations. The conference agreement adopts the 
recommendation and direction included in the Senate report 
regarding a Topoff exercise.
      --Technical Assistance/Needs Assessment.--$3,000,000 for 
technical assistance and a needs assessment, of which 
$1,000,000 shall be used to conduct a needs assessment in 
accordance with the direction in the House report. The Attorney 
General is expected to provide the results of this assessment 
to the House and Senate Committees on Appropriations no later 
than March 1, 1999.
      --Counterterrorism Technologies.--$10,000,000 for the 
development of technologies to help State and local law 
enforcement combat terrorism, as authorized by section 821 of 
the Antiterrorism and Effective Death Penalty Act of 1996. The 
Attorney General is expected to follow the guidance included in 
the Senate report regarding simulations of dispersion and 
deposition of chemical and biological aerosols.
      In addition to the amounts provided in this bill, 
unobligated balances of $26,782,915 remain available from 
previous appropriations for authorized purposes of this Fund. 
The Attorney General should utilize $1,000,000 from these 
balances for an alternative crisis management/relocation 
facility to carry on essential Department functions in the 
event the Department, or one of its components, is denied 
access to its facility for various reasons, such as a terrorist 
act.
      As directed in the fiscal year 1998 conference report, 
the Attorney General is expected to submit a comprehensive 5-
year interdepartmental counterterrorism and technology crime 
plan no later than December 31, 1998. This plan will cover a 
broad range of topics encompassing the Nation's efforts to 
prevent and deter terrorist attacks, as well as manage a crisis 
created by a terrorist incident. The Attorney General and other 
department and agency heads who participated in this 
comprehensive effort are to be commended for their efforts. 
This plan will serve as a baseline strategy for coordination of 
a national policy and operational capabilities to combat all 
forms of terrorism.
      The conference agreement includes bill language, modified 
from both the House and Senate bills, setting forth the 
purposes for which the Fund can be used, and making funds 
available for such purposes. In addition, bill language is not 
included, as recommended in the Senate bill as Senate Section 
117 under general provisions within this title, which would 
have required submission of the specific dollar amounts 
budgeted for counterterrorism activities Government-wide with 
the Analytical Perspectives Volume beginning with the fiscal 
year 2000 budget request. However, the Attorney General is 
expected to work with the Office of Management and Budget to 
ensure that such information is included.

               TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

      The conference agreement does not include funding for the 
Telecommunications Carrier Compliance Fund to reimburse 
equipment manufacturers and telecommunications carriers and 
providers of telecommunications support services for 
implementation of the Communications Assistance for Law 
Enforcement Act (CALEA). Neither the House nor Senate bills 
provided new direct appropriations into the fund. Should 
funding be necessary in fiscal year 1999, the Attorney General 
is expected to utilize $102,580,270 in unobligated balances 
currently available in the fund.
      For the past three years, the Department of Justice and 
the telecommunications industry have been urged to resolve 
their differences on the implementation of CALEA. Despite those 
efforts, CALEA implementation is now almost four years behind 
schedule because the industry and law enforcement have failed 
to reach agreement on CALEA technical standards. Since March 
1998, the Federal Communications Commission (FCC) has been 
reviewing those standards as envisioned under CALEA. On 
September 11, 1998, the FCC issued an order extending the 
October 25, 1998 statutory compliance date until at least June 
30, 2000. The FCC took this action because the final technical 
standards are still under review. Law enforcement, industry and 
privacy groups agree that the FCC should define the capability 
standard for CALEA compliance, as envisioned under CALEA. The 
FCC is urged to act quickly to resolve this issue.

                   ADMINISTRATIVE REVIEW AND APPEALS

      The conference agreement includes $134,563,000 for 
Administrative Review and Appeals, as proposed in the House 
bill, instead of $41,858,000 as proposed in the Senate bill, of 
which $59,251,000 is provided from the Violent Crime Reduction 
Trust Fund (VCRTF). Of the total amount provided, $132,963,000 
is for the Executive Office for Immigration Review (EOIR) and 
$1,600,000 is for the Office of the Pardon Attorney. The 
recommendation represents the funding necessary to maintain the 
current level of activities in fiscal year 1999.

                      OFFICE OF INSPECTOR GENERAL

      The conference agreement includes $35,610,000 for the 
Office of Inspector General, instead of $36,610,000 as proposed 
in the House bill, and $33,211,000 as proposed in the Senate 
bill.
      The $1,000,000 increase in funding over the budget 
request shall be available for expenditure only upon submission 
of a report as to the level of fiscal year 1998 spending and 
compliance with anti-deficiency requirements.
      There is concern that Department employees accused of 
wrongdoing are not enjoying the swift justice that is every 
citizen's right. From fiscal years 1996 to 1998, the average 
closure rate for Inspector General investigations climbed from 
6 to 9 months. The Inspector General is urged to refer cases to 
the appropriate component of the Department as necessary to 
keep its average closure rate for investigations at no more 
than 180 days. A report is requested by January 31, 1999 
describing the steps the Department and the Inspector General 
are taking to meet this timetable, and recommending any 
improvements in the process that are required.

                     United State Parole Commission

                         SALARIES AND EXPENSES

      The conference agreement includes $7,400,000 for the U.S. 
Parole Commission, as proposed in the House bill, instead of 
$7,969,000 as proposed in the Senate bill. Funding is provided 
in accordance with the House report.

                            Legal Activities

            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

      The conference agreement includes $475,000,000 for 
General Legal Activities instead of $470,425,000 as proposed in 
the House bill and $485,511,000 as proposed in the Senate bill, 
of which $8,160,000 is provided from the Violent Crime 
Reduction Trust Fund (VCRTF) as proposed in the House bill.
      The amount in the conference agreement includes the 
following program increases: (1) $465,000 for the Criminal 
Division to improve coordination of interagency and bilateral 
U.S./Mexico efforts to combat drug trafficking; (2) $1,000,000 
for the Criminal Division for online obscenity prosecutions; 
(3) $2,000,000 for the Office ofSpecial Investigations to 
maintain the pace of prosecutions while supporting the Nazi war 
criminal records interagency working group; (4) $1,007,000 for the 
Civil Rights Division to increase enforcement and mediation activities 
under the Americans with Disabilities Act.
      In addition, within the amounts provided for the Criminal 
Division, $4,089,000 shall be for cybercrime prosecutions. 
Within the amount provided for the Environment and Natural 
Resources Division, $3,431,000 shall be used to defend claims 
under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), $706,000 shall be used for 
vessel pollution prosecutions, and $523,000 shall be used for 
CFC smuggling prosecutions. The conference agreement allows 
$17,834,000 to remain available until expended for office 
automation costs. No funds are provided under this account for 
the Joint Center for Strategic Environmental Enforcement, 
including base funds, as proposed in the Senate bill.
      The conference agreement recognizes that the Department 
requires additional resources to defend against claims under 
the Financial Institutions Reform, Recovery and Enforcement Act 
(FIRREA), and that the Department will seek to have these costs 
paid from the FSLIC Resolution Fund (FRF). In the event that 
FRF resources are not available, additional costs of FIRREA 
litigation may have to be paid from this account, which could 
have a dramatic impact on the ability of the Department to 
carry out its other priority missions. Therefore, the 
Administration is encouraged in its efforts to find a solution 
to the funding requirements of FIRREA litigation that avoids 
such impacts.
      The conference agreement does not include bill language 
providing that funds in this account may be used for annual 
costs of U.S. participation in law-based international 
organizations as was proposed in the Senate bill.
      The conference agreement includes language directing the 
Attorney General to transfer $813,333 from funds available in 
the Department of Justice to the Presidential Advisory 
Commission on Holocaust Assets in the United States subject to 
reprogramming requirements, as proposed in the House bill.

               THE NATIONAL CHILDHOOD VACCINE INJURY ACT

      The conference agreement includes a reimbursement of 
$4,028,000 for fiscal year 1999 from the Vaccine Injury 
Compensation Trust Fund to the Department of Justice, as 
proposed in both the House and Senate bills.

               salaries and expenses, antitrust division

      The conference agreement provides $98,275,000 for the 
Antitrust Division, as proposed in both the House and Senate 
bills. The conference agreement assumes that of the amount 
provided, $68,275,000 will be derived from fees collected in 
fiscal year 1999, and $30,000,000 will be derived from 
estimated unobligated fee collections available from 1998, 
resulting in a net direct appropriation of $0.
      The conference agreement does not include language, as 
proposed in the Senate bill, repealing a proviso in the fiscal 
year 1998 bill making excess fee collections available in the 
subsequent fiscal year.
      The conference agreement also does not include language, 
as proposed in the House bill, making fee collections in excess 
of $68,275,000 available until expended but not until October 
1, 1999. It is intended that any excess fee collections shall 
remain available for the Antitrust Division in future years.

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

      The conference agreement includes $1,090,378,000 for the 
U.S. Attorneys, as proposed in the House bill, instead of 
$1,083,642,000 as proposed in the Senate bill, of which 
$80,698,000 is provided from the Violent Crime Reduction Trust 
Fund (VCRTF), instead of $51,231,000 as proposed in the House 
bill, and no funding as proposed in the Senate bill.
      Funding is provided for the following: $8,912,000 as a 
program increase above base funding as proposed in the House 
bill for 64 attorneys and 32 support staff to increase drug 
prosecutions; and from within base resources, the following, as 
proposed in the Senate bill: $3,630,000 for cybercrime 
prosecutions; $14,782,000 for the National Advocacy Center, as 
proposed in the budget; $1,000,000 for a violent crime task 
force demonstration project to investigate and prosecute 
perpetrators of Internet sexual exploitation of children to be 
administered under the auspices of Operation Streetsweeper; 
$1,000,000 for computer and equipment upgrades at the National 
Advocacy Center; $1,500,000 to hire additional assistant U.S. 
Attorneys and investigators in the city of Philadelphia and 
$800,000 for the same purpose in Camden County, New Jersey, as 
a focused demonstration project to enforce Federal laws 
designed to keep firearms out of the hands of criminals and to 
enhance existing law enforcement efforts.
      The Executive Office of U.S. Attorneys is expected to 
report on new approaches to the deployment of resources, as set 
forth in the Senate report, and is encouraged to examine 
whether resources dedicated to the oversight of the 
International Brotherhood of Teamsters election can be 
redeployed to restoring the rule of law on Indian reservations.
      In addition, the conference agreement includes language 
providing 9,044 positions and 9,312 workyears for U.S. 
Attorneys, as proposed in the House bill instead of 8,960 
positions and 9,125 workyears, as proposed in the Senate bill. 
The conference agreement also includes language allowing not to 
exceed $2,500,000 for the National Advocacy Center and 
$1,000,000 for violent crime task forces to remain available 
until expended, as proposed in the Senate bill, as well as 
language setting forth funding for demonstration projects, as 
proposed in the Senate bill.

                   United States Trustee System Fund

      The conference agreement provides $114,248,000 in budget 
(obligational) authority for the U.S. Trustees, to be entirely 
funded from offsetting fee collections, as proposed in the 
House bill, instead of $108,248,000, offset by $100,000,000 in 
offsetting fee collections and the balance provided in direct 
funding, as proposed in the Senate bill. The conference 
agreement does not include a provision as proposed in the House 
bill providing that any fees collected in excess of 
$114,248,000 will be available for obligation on October 1, 
1999 or a provision as proposed in the Senate bill repealing a 
provision in the fiscal year 1998 Act that made fees collected 
in excess of $114,248,000 in fiscal year 1998 available in 
fiscal year 1999.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

      The conference agreement provides $1,227,000 for the 
Foreign Claims Settlement Commission as proposed in the Senate 
bill, instead of $1,335,000 as proposed in the House bill, and 
assumes funding is provided in accordance with the Senate bill.

         salaries and expenses, united states marshals service

      The conference agreement includes $502,609,000 for the 
U.S. Marshals Service instead of $503,164,000 as proposed in 
the House bill and $501,752,000 as proposed in the Senate bill. 
Of this amount, the conference agreement provides that 
$25,553,000 will be derived from the Violent Crime Reduction 
Trust Fund (VCRTF) as proposed in the House bill, instead of no 
funds as proposed in the Senate bill.
      The amount included in the conference agreement includes 
program increases of $512,000 for management and administration 
to implement and support a variety of cost-reduction 
initiatives, $2,850,000 for courthouse security personnel, 
$3,268,000 for courthouse security equipment, $1,565,000 for 
electronic surveillance unit fugitive apprehension equipment 
and personnel, and $250,000 for videoconferencing. If 
additional resources are required for courthouse security, the 
U.S. Marshals Service can submit a reprogramming to obtain the 
additional resources.
      The provision in the Senate report calling for a pilot 
program to pair the Marshals Service with the District of 
Columbia Metropolitan Police Department to enforce court-
ordered evictions and to report back to the Appropriations 
Committees is adopted by reference. Further, the failure of the 
U.S. Marshals Service to conduct a significant percentage of 
evictions in a timely manner is noted, thus creating 
unreasonable inconveniences to other participants in the 
eviction process. The U.S. Marshals Service is directed to 
report back to the Committees on Appropriations by May 1, 1999 
on efforts to correct this problem.

                              construction

      The conference agreement includes $4,600,000 for a new 
construction account for the U.S. Marshals Service, instead of 
$4,000,000 as proposed in the Senate bill, and $3,300,000 
included in the House bill under Bureau of Prisons, Buildings 
and Facilities. This amount includes $600,000 for architectural 
and engineering services and $4,000,000 for construction 
projects as proposed in the Senate report. To the extent that 
slippages occur, other projects requested in the budget can be 
undertaken.

         justice prisoner and alien transportation system fund

      The conference report includes requested language 
establishing a revolving fund for the operation of the Justice 
Prisoner and Alien Transportation System, as provided in both 
the House and Senate bills. The conference agreement assumes 
that funding for the initial capitalization of the Fund is an 
eligible use of Super Surplus funds available under the Asset 
Forfeiture Fund, as proposed in the House bill, instead of 
direct funding of $10,000,000 proposed in the Senate bill, 
$5,000,000 to capitalize the Fund, and $5,000,000 to purchase a 
new airplane. Any enhancements to the system in fiscal year 
1999, as well as the proposed funding source to pay for them, 
are expected to be presented to the Appropriations Committees 
for examination and review.
      The conference agreement does not include language 
amending the definition of public aircraft with respect to 
JPATS activities, which was proposed in the Senate bill.

                       federal prisoner detention

      The conference agreement provides $425,000,000 for 
Federal Prisoner Detention, as proposed in the House bill, 
instead of $407,018,000 as proposed in the Senate bill. The 
level provided in the conference report plus approximately 
$25,000,000 in carryover will provide the level of funding 
requested in the budget.

                     fees and expenses of witnesses

      The conference agreement includes $95,000,000 for Fees 
and Expenses of Witnesses as proposed in both the House and 
Senate bills. The conference agreement does not include a 
provision making not to exceed $4,000,000 available for a 
secure automated information network, which was proposed in the 
Senate bill. The House bill did not include a similar 
provision. Funding is provided in accordance with both the 
House and Senate reports.

                      community relations service

      The conference agreement includes $7,199,000 for the 
Community Relations Service, as proposed in the House bill, 
instead of $5,319,000 as proposed in the Senate bill. In 
addition, the conference agreement includes a provision 
allowing the Attorney General to transfer up to $500,000 of 
funds available to the Department of Justice to this program, 
instead of $1,000,000 as proposed in the House bill. The Senate 
bill had no such transfer provision. The Attorney General is 
directed to report to the Committees on Appropriations of the 
House and Senate if this transfer authority is exercised.
      The conference agreement recognizes that CRS has served 
the country well as a small, elite crisis response team 
dedicated to mediating racially charged civil disputes. There 
are concerns, however, that CRS will lose its focus, and its 
skills, if its mission is broadened to include State and local 
education and training and national disaster planning which is 
unrelated to an existing condition of racial/ethnic conflict. 
The conference agreement improves the ability of CRS to execute 
its core mission, but does not fund education and training or 
disaster planning.
      Close coordination between the Administration and 
Congress could help to stabilize racially motivated local 
incidents. As the people's body, Congress must be kept informed 
when the Administration responds to a domestic crisis. 
Therefore, the Attorney General is directed to notify the 
relevant committees whenever requests by local officials prompt 
the deployment of CRS personnel to mediate civil conflicts.

                         assets forfeiture fund

      The conference agreement provides $23,000,000 for the 
Assets Forfeiture Fund as proposed in both the House and Senate 
bills, and assumes funding is provided in accordance with both 
the House and Senate reports.

                    Radiation Exposure Compensation

                        administrative expenses

      The conference agreement includes $2,000,000 for 
administrative expenses in accordance with the Radiation 
Exposure Compensation Act, as proposed by both the House and 
Senate bills.

         payment to radiation exposure compensation trust fund

      The conference agreement includes no new appropriations 
for fiscal year 1999, as proposed by both the House and Senate 
reports. Carryover is expected to exceed the amount expected to 
be paid from the fund.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

      The conference agreement includes $304,014,000 for 
Interagency Crime and Drug Enforcement as proposed in the House 
bill, the full amount requested, instead of $294,967,000 
proposed in the Senate bill, in accordance with the 
distribution included in the House report.
      The conference agreement includes language proposed in 
the House bill, not included in the Senate bill, allowing a 
portion of the funds provided to remain available until 
expended.

                    Federal Bureau of Investigation

                         salaries and expenses

      The conference agreement includes $2,971,448,000 for the 
Federal Bureau of Investigation (FBI), instead of 
$2,977,258,000 as proposed in the House bill and $2,956,461,000 
as proposed in the Senate bill, of which $223,356,000 is 
provided from the Violent Crime Reduction Trust Fund (VCRTF), 
instead of $215,356,000 as recommended in the House bill, and 
$433,124,000 as recommended in the Senate bill. In addition, 
the conference agreement provides that not less than 
$292,473,000 shall be used for counterterrorism investigations, 
foreign counterintelligence, and other activities related to 
national security, instead of $282,473,000 as proposed by the 
House and $233,473,000 as proposed by the Senate bill. Further, 
the FBI is directed to transfer $10,000,000 in unobligated user 
fees for fiscal year 1998 to the Department of Justice Working 
Capital Fund. This statement of managers reflects the 
distribution of the funding provided in the conference report.
      The conference agreement provides $70,104,000 for 
requested adjustments to base, including the costs to annualize 
429 positions provided in fiscal year 1998, offset by 
$86,783,000 in base reductions for non-recurring costs 
resulting from reduced requirements necessary to complete the 
Integrated Automated Fingerprint Identification System (IAFIS) 
and equipment provided for in fiscal year 1998. Should funds be 
available in the Working Capital Fund, the Attorney General is 
expected to provide $6,000,000 for microwave replacement base 
funding requirements. The conference agreement includes the 
following program increases:
      Counterterrorism Initiative.--Again this year, the 
conferees have included increases for the FBI to address the 
increasing threat of domestic and international terrorism, 
including the growing threats of cybercrime and weapons of mass 
destruction, building upon the $157,743,000 Counterterrorism 
Initiative provided in fiscal year 1998. The conference 
agreement provides program increases to enhance the FBI's 
capability to address terrorism, including: (1) $9,165,000 to 
support 93 positions (56 agents) and 47 full-time equivalents 
(FTE), to enable the FBI to establish four additional Computer 
Intrusion Threat Assessment (CITA) field squads, including 
$465,000 to equip these new squads; (2) $442,000 to support 9 
positions and 4 FTE to provide increased coverage for the Watch 
and Warning Analysis Unit; (3) $500,000 to support training 
programs related to computer crime detection; and (4) $670,000 
to provide 6 positions (2 agents) and 3 FTE to enhance the 
staffing of the Hazardous Materials Response Unit. Additional 
resources are also included in the Counterterrorism Fund to 
further augment the FBI's National Information Protection 
Center (NIPC), previously named the Computer Intrusion Threat 
Assessment Center (CITAC). Further, should funds be available 
in the Working Capital Fund, the Attorney General should 
provide funding for the following purposes: $4,250,000 to 
establish an early warning system in the NIPC; $4,000,000 for 
chemical and biological detection equipment for FBI bomb 
technicians and Evidence Response Teams; and $2,900,000 for 
training at the Hazardous Devices School. Within the resources 
available, the FBI is expected to provide $2,300,000 for 
ongoing training activities at the Hazardous Devices School, 
and $3,200,000 for joint counterterrorism task force operations 
in fiscal year 1999.
      In addition, the FBI is expected to comply with the 
direction included in the Senate report regarding integration 
of FBI and Drug Enforcement Administration training.
      Infrastructure Requirements.--The conference agreement 
provides an increase of $42,050,000 and 20 positions to enable 
the FBI to improve its information systems by re-engineering 
its investigative, intelligence, and administrative automated 
data processing systems. This amount is in addition to 
$20,000,000 in base funding identified for this requirement, 
resulting in a total availability of $62,050,000 for this 
effort in fiscal year 1999. Of this amount, $2,050,000 is 
provided in direct appropriations to provide for additional 
staffing requirements to implement this initiative. The 
Attorney General is expected to provide an additional 
$40,000,000 from the Working Capital Fund should such funds be 
available. Further, the Department of Justice and the FBI are 
directed to follow the direction included in the House report 
regarding the obligation of funds for this initiative.
      National Instant Criminal Background Check System.--The 
conference agreement includes a total of $42,000,000 for 
operations of the permanent National Instant Criminal 
Background Check System (NICS). Of this amount, $22,000,000 is 
new direct appropriations. In addition, the Attorney General is 
expected to provide an additional $20,000,000 from available 
balances in the Working Capital Fund to fully fund the costs of 
the NICS system in fiscal year 1999. The fiscal year 1999 
budget request forthe FBI included no direct funding for this 
system, and instead proposed to finance the operation of this system 
through a user fee. The conference agreement includes a provision under 
title VI of this Act which prohibits the FBI from charging a fee for 
NICS checks, and instead provides funding to the FBI for the costs to 
implement this system. The FBI and the Department of Justice are 
expected to include funding for the operations of the NICS system in 
the fiscal year 2000 budget submission. Additionally, the FBI is 
expected to pursue proposals to increase the number of states serving 
as points of contact for the NICS system. Criminal justice and other 
records available for performing background checks at the State level 
are generally the most complete and readily available records, which 
would ensure more timely and thorough responses to NICS inquiries.
      Indian Country Law Enforcement.--The conference agreement 
includes $4,657,000 to support 50 positions (30 agents) and 25 
FTE to implement two new Safe Trails Task Forces and to enhance 
four current task forces. Within the amounts provided, the FBI 
is expected to provide investigative equipment and supplies, 
operational case funds, and forensic services to support these 
task forces.
      Housing Fraud Initiative.--The conference agreement 
provides $1,500,000 and 11 positions to support FBI's 
participation in the Housing Fraud Initiative being conducted 
by the Department of Housing and Urban Development Inspector 
General.
      Crimes Against Children.--The conference agreement 
includes $5,204,000 to enhance the FBI's capability to combat 
child abductions and serial killings. Within this amount, 
$3,439,000 is for the child abduction and serial killer unit to 
enhance staffing, establish a police fellows program for 
training local investigators, and provide training to State and 
local law enforcement. In addition, $1,765,000 is included to 
enhance staffing of the Violent Criminal Apprehension Program 
to provide more timely assistance to State and local law 
enforcement.
      Criminal Justice Services.--The conference agreement 
includes an increase of $8,110,000 for support of Criminal 
Justice Information Services Division (CJIS) facilities and 
systems to be allocated in accordance with the direction 
included in the Senate report. The FBI is expected to allocate 
sufficient personnel to ensure the timely processing of 
criminal background checks for school bus drivers and teachers. 
Bill language is also included, as proposed by the House, 
designating $1,500,000 for an independent office for automation 
of fingerprint services. The Senate bill contained similar 
language.
      Foreign Counterintelligence Program.--An increase of 
$2,500,000 is provided for the FBI's National Foreign 
Counterintelligence Program for a counterintelligence 
investigation enhancement as recommended in the Senate bill. 
Within available fiscal year 1999 funding, the FBI may 
implement the additional authorizations contained in the 
Intelligence Authorization Act for Fiscal Year 1999.
      Violent Crime Reduction Program.--The conference 
agreement includes $223,356,000, derived from the Violent Crime 
Reduction Trust Fund, for FBI activities authorized by the 
Violent Crime Control and Law Enforcement Act of 1994, as 
amended, and the Antiterrorism and Effective Death Penalty Act. 
From within these funds, the FBI is expected to provide funding 
in accordance with the direction included in the House report 
regarding grants for State computerized identification systems 
and automated fingerprint identification systems, support for 
FBI's Combined DNA Identification Systems (CODIS), and support 
for investigative assistance and training.

                              CONSTRUCTION

      The conference agreement includes $1,287,000 in direct 
appropriations for construction for the Federal Bureau of 
Investigation (FBI), as provided for in the Senate bill, 
instead of $11,287,000 as proposed in the House bill. The 
agreement includes the funding necessary to continue necessary 
improvements and maintenance at the FBI Academy. Should 
additional funds become available in the Working Capital Fund, 
the Attorney General should provide $10,000,000 to continue 
upgrades to the FBI Academy Firearms Training Facility.

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

      The conference agreement includes $1,205,780,000 for the 
salaries and expenses of the Drug Enforcement Administration 
(DEA), instead of $1,201,290,000 as proposed in the House bill 
and $1,209,054,000 as proposed in the Senate bill, of which 
$405,000,000 is provided from the Violent Crime Reduction Trust 
Fund (VCRTF) as proposed in the House bill, instead of 
$407,000,000 as proposed in the Senate bill. The conference 
agreement does not assume the proposed transfer of $15,000,000 
from direct appropriations to the Diversion Control Fund. 
However, the conference agreement assumes that $76,710,000 will 
be available from the Diversion Control Fund for diversion 
control activities. This statement of managers reflects the 
distribution of funds provided in the conference report.
      Source Country/International Strategy.--The conference 
agreement includes program increases totaling $31,188,000 to 
support DEA's international programs, a $22,520,000 increase 
above the request. This action reflects continued support for 
DEA's supply reduction efforts. Program increases are provided 
for the following activities: (1) $4,212,000 and 20 positions 
(12 agents) to establish a new country office in Trinidad-
Tobago and to enhance staffing in other Caribbean Country 
offices, including Barbados, Curacao, Jamaica, Haiti and the 
Dominican Republic; (2) $1,966,000 and 7 positions (5 agents) 
to open new country offices in Vietnam and Uzbekistan, and to 
expand staffing in the Philippines to address the rise in 
international heroin trafficking; (3) $1,415,000 and 5 
positions to strengthen DEA's intelligence activities in 
Mexico; (4) $1,075,000 and 5 positions to enhance security for 
DEA activities; (5) $3,000,000 and 14 positions (8 agents) to 
enhance staffing in source countries and transit zones; (6) 
$5,000,000 to continue overseas implementation of the MERLIN 
system; (7) $3,500,000 for surveillance and electronic 
intercept equipment in source countries and transit zones; (8) 
$3,500,000 for aviation and technical equipment to support 
regional operations in the Caribbean; and (9) $120,000 for 
improved mobility along the Bolivian border. DEA is expected to 
comply with the reporting requirements included in the House 
report regarding deployment of investigative resources in 
source countries and transit zones.
      Domestic Enforcement Enhancements.--The conference 
agreement includes program increases totaling $66,085,000 for 
domestic counter-drug activities, an increase of $13,000,000 
above the request, as follows: (1) $5,632,000 and 70 positions 
(42 agents) to enhance DEA domestic offices impacted by 
Caribbean drug trafficking; (2) $24,459,000 and 223 positions 
(100 agents) to augment DEA's efforts to combatmethamphetamine 
trafficking, including enforcement and chemical control efforts, clean 
up activities at clandestine laboratory sites, vehicle replacement, and 
establishment of a National Clandestine Laboratory database; (3) 
$12,926,000 and 148 positions (95 agents) to continue a five-year 
strategy to enhance enforcement efforts to reduce the domestic 
availability of heroin; and (4) $13,000,000 and 56 positions (32 
agents) to establish DEA regional drug enforcement teams as recommended 
in the Senate report. Colombian and Mexican crime syndicates have 
established a network of compartmentalized cells to conduct their drug 
trafficking operations in the United States. While historically, these 
crime syndicates have maintained command and control centers in major 
U.S. cities, in reaction to law enforcement pressure in major 
metropolitan areas, these drug syndicates have established regional 
command and control centers and warehousing and transshipment points in 
smaller, nontraditional trafficking locations across the U.S., 
resulting in increased rates of drug abuse, trafficking, and violent 
crime in our Nation's smaller cities. DEA cannot combat this new threat 
by transferring resources from major metropolitan areas to smaller 
cities. Therefore, funding has been provided to establish regional 
enforcement teams to enable DEA to provide an immediate, flexible, and 
effective law enforcement response to this growing problem.
      Investigative and Intelligence Requirements.--The 
conference agreement includes $17,468,000 to address critical 
infrastructure needs, $7,400,000 above the request, as follows: 
(1) $5,000,000 for 39 additional intelligence analysts, as 
recommended in the House report; (2) $2,400,000 for continued 
development and implementation of automation systems to support 
intelligence and investigative requirements, as provided in the 
House report; (3) $7,002,000 for improvements in cooperative 
drug law enforcement operations; and (4) $3,066,000 and 2 
positions for establishment of a backup site for DEA's Network 
Control Facility.
      Drug Diversion Control Fee Account.--The conference 
agreement provides $76,710,000 for DEA's Drug Diversion Control 
Program, the full amount requested, and assumes that diversion 
control programs will be fully supported through funding 
derived from the Diversion Control Fee Account in fiscal year 
1999.
      In addition, DEA is expected to comply with the direction 
in the House report concerning coastal surveillance technology, 
as well as the direction in the Senate report concerning 
integration of DEA and FBI training curriculum. The conference 
agreement contains bill language, as proposed by the House, to 
provide $4,000,000 for evidence and information payments, 
instead of $5,000,000 recommended by the Senate.

                              CONSTRUCTION

      The conference agreement includes $8,000,000 in direct 
appropriations for Construction for the Drug Enforcement 
Administration (DEA), as proposed in both the House and Senate 
bills.

                 Immigration and Naturalization Service

                         SALARIES AND EXPENSES

      The conference agreement includes $2,464,327,000 for the 
salaries and expenses of the Immigration and Naturalization 
Service (INS), instead of $2,486,004,000 as proposed in the 
House bill and $2,268,984,000 as proposed in the Senate bill, 
of which $842,490,000 is from the Violent Crime Reduction Trust 
Fund (VCRTF), instead of $866,490,000 as proposed in the House 
bill, and $1,099,667,000 as proposed in the Senate bill. In 
addition to amounts appropriated, the conference agreement 
assumes that $1,306,046,000 will be available from offsetting 
fee collections, instead of $1,570,014,000 as proposed by the 
House and $1,560,308,000 as proposed by the Senate. Thus, 
including resources provided under construction, the conference 
agreement provides a total operating level of $3,860,373,000 
for INS, instead of $4,137,588,000 as provided by the House 
bill, and $3,940,543,000 as provided by the Senate. This 
statement of managers reflects the agreement of the conferees 
on how the funds provided in the conference report are to be 
spent.
      Base adjustments.--The conference agreement provides 
$51,283,000 for the full base restoration request and includes 
$23,877,000 in restoration of base for detention and 
deportation and assumes the balance will be provided from 
expected carryover in the Breached Bond/Detention fund. The 
agreement does not include funding for helicopter purchases. 
The agreement includes a report on INS border air vehicle plans 
which is detailed below under Border Control.
      INS Organization and Management.--The conference 
agreement includes the concerns expressed in the House report 
that a lack of resources is no longer an acceptable response to 
INS's inability to adequately address its mission 
responsibilities. The conference agreement includes the 
establishment of clearer chains of command--one for enforcement 
activities and one for service to non-citizens--as one step 
towards making the INS a more efficient accountable, and 
effective agency. Consistent with the concept of the separation 
of immigration enforcement from service, the conference 
agreement adopts the House recommendation to provide for a 
separation of INS funds. The conference agreement includes the 
establishment of two new accounts: Enforcement and Border 
Affairs, and Citizenship and Benefits, Immigration Support and 
Program Direction. These accounts correspond to existing 
decision units within the current INS Salaries and Expenses 
account. INS enforcement funds are placed under the Enforcement 
and Border Affairs account. All immigration-related benefits 
and naturalization, support and program resources are placed 
under the Citizenship and Benefits, Immigration Support and 
Program Direction account. Neither account includes revenues 
generated in various fee accounts to fund program activities in 
both enforcement and service functions which are in addition to 
the appropriated funds and are discussed below. Funds for INS 
construction projects continue to fall within the INS 
construction account.
      The language includes authority for the Attorney General 
to transfer funds from one account to another in order to 
ensure that funds are properly aligned. Such transfers may 
occur notwithstanding any transfer limitations imposed under 
this Act but such transfers are still subject to the 
reprogramming requirements under Section 605 of this Act. It is 
expected that any request for transfer of funds will remain 
within the activities under those headings.
      Under the new accounts, the conference agreement includes 
$1,069,754,000 for Enforcement and Border Affairs, $552,083,000 
for Citizenship and Benefits, Immigration Support and Program 
Direction, and $842,490,000 from the Violent Crime Reduction 
Trust Fund.
      The Enforcement and Border Affairs account is comprised 
of the following amounts: $931,871,000, for the existing base 
activities of Inspections, Border Patrol, Investigations, 
Detention and Deportation, and Intelligence; less funds for 
helicopter purchases and transfer of $29,536,000 to the User 
Fee account for user fee relatedInformation Resource Management 
and legal activities; and program increases of $97,000,000 for the 
Border Patrol and $40,883,000 for interior enforcement. This amount, 
together with the amount from the Violent Crime Reduction Trust Fund, 
provides the total appropriation for these activities.
      The Citizenship and Benefits, Immigration Support and 
Program Direction account includes $491,083,000 for the 
existing base activities of Citizenship and Benefits, 
Immigration Support and Management and Administration, assumes 
$30,000,000 of this base activity will be supported by 
unobligated balances available in the Working Capital Fund, 
includes funding for the naturalization initiative, and 
includes a program increase of $1,000,000 for the Office of 
Internal Audit.
      Border control.--The conference agreement includes 
$97,000,000 for 1,000 new border patrol agents and 140 support 
personnel. The conference agreement adopts the following 
requests for reports to the Committee on border-related 
activities and technologies: (1) by December 1, 1998, the House 
request for an INS plan for the development, testing, and 
deployment of all current border technologies and the plans for 
training agents to use such technology; (2) by January 1, 1999, 
a report on the implications of having the Border Patrol 
Training Academy report directly to the Assistant Commissioner 
for the Border Patrol, as suggested by the Senate report; (3) 
by January 1, 1999, a report on the feasibility, cost and 
capabilities of a mixed fleet of manned and unmanned aircraft, 
as requested in both the House and Senate reports; (4) by 
November 15, 1998, a report on current plans for Border Patrol 
road and fence improvements, as specified in the House report; 
and (5) the continuation of reports on Border Patrol hiring, 
training and enforcement strategy, as requested in both the 
House and Senate reports. The conference agreement also adopts 
the House report direction to INS that it work more closely 
with the Forest Service and the Bureau of Land Management.
      Deployment of Resources.--The conference agreement 
directs the INS to continue its consultation with the 
Committees on Appropriations of both the House and Senate 
before deployment of new border patrol agents and additional 
staffing included in this conference agreement.
      Interior enforcement.--The conference agreement includes 
the following increases to enhance INS' ability to deport 
illegal aliens: (1) $21,800,000 for Quick Response Teams (QRTs) 
to work directly with State and local law enforcement officers 
to take into custody and remove illegal aliens, in accordance 
with the House report, including a report to the Committees on 
its strategy on their use and deployment plans by December 1, 
1999 and quarterly reports on its progress, and improved 
response rates; (2) $3,112,000 for participation in joint task 
forces on terrorism, to assist in the identification and 
apprehension of alien terrorists; (3) $3,000,000 to expand the 
Law Enforcement Support Center (LESC), as in the Senate report; 
(4) $9,400,000 for activation of 400 beds at Port Isabel; (5) 
$1,971,000 for an additional 126 beds for juvenile detention 
space; and (6) $1,600,000 for four dedicated commuter lanes, as 
in the Senate report.
      The conference agreement includes the concerns in both 
House and Senate reports about increasing illegal immigration 
in locations not previously believed to have problems, 
including Georgia, North Carolina, Kentucky, Tennessee, 
Arkansas, Utah, Nebraska, Iowa, Missouri and Colorado. It is 
expected that the INS will take into consideration the growing 
problems in these states in its deployment plan for the Quick 
Response Teams and other interior enforcement resources and 
will consult with the Committees on such plans. The agreement 
also includes the Senate proposal on Kodiak Island.
      The conference agreement also supports $10,000,000 in 
additional funding within existing resources to continue and to 
expand the local jail programs pursuant to Public Law 105-141 
and a report on the program by December 1, 1998, and INS is 
instructed to report on the feasibility of expanding the local 
ambulance service pilot program.
      The conference agreement includes the House 
recommendations for staffing of the Institutional Removal 
Program and on employment eligibility verification pilot 
programs. The conference agreement includes a request that INS 
evaluate the existing technical infrastructure and the quality 
and integrity of the data used in the System for Alien 
Verification of Eligibility (``SAVE'') system, or any 
comparable INS system, and recommend how INS can meet the needs 
of States seeking to comply with Title IV of Public Law 104-
193, and report to the Committees by May 1, 1999.
      Detention.--The conference agreement includes a report to 
the Committees on INS's anticipated detention needs for the 
next 3 years, including the resources and training necessary to 
adequately staff existing and anticipated new facilities, 
including the feasibility of locating a detention center in 
Utah, as in the Senate report, and other needs designated in 
the House and Senate reports.
      The conference agreement includes the expectation that as 
funds become available in the Breached Bond/Detention account, 
that INS will submit a request to use additional funds for 
contract detention space and other detention needs. The 
conference agreement also includes funds for continuation of 
construction of several detention facilities within INS 
Construction funds.
      The conference agreement includes the concerns about 
staffing of district offices and requests adjustments to be 
made, as in the Senate report.
      Office of Internal Audit.--The conference agreement 
includes a program increase of $1,000,000 for the Office of 
Internal Audit, $430,000 of which is for the INSpect program to 
conduct impartial review of compliance and performance with 
program guidance and regulations.
      Naturalization.--Naturalization and other services 
provided by the INS are meant to be covered by application fees 
deposited into the Examinations Fee account. However, in fiscal 
year 1998, $20,000,000 in direct appropriations and 
$196,000,000 in Examinations Fee account, were provided for 
backlog reduction and to improve the integrity of the 
naturalization process, beyond funds provided in the 
Examinations Fee account.
      On August 6, 1998, the Department of Justice submitted a 
reprogramming request for INS that requested funds for a 
naturalization initiative from other resources beyond the 
revenues generated in the Examinations Fee account. The reason 
for this reprogramming was that Examinations Fee revenues have 
fallen significantly below the level INS estimated for fiscal 
years 1998 and 1999. These additional funds requested are 
intended to restore funding for ongoing naturalization 
activities, to provide a series of enhancements to address the 
large backlog of applications and to continue phasing in the 
revised application process recommended by 
PricewaterhouseCoopers. In that proposal, the Department 
recommended that the funds come from unobligated balances 
fromwithin the INS Salaries and Expenses account, carryover from fiscal 
year 1998 Examinations Fee account, a transfer of funds from the 
Department's Working Capital Fund, and funds from the INS Breached 
Bond/Detention fund. The total requested by the Department was 
$171,000,000; $88,000,000 to restore base program activities that were 
reduced to cover the decline in fee revenues, of which $35,000,000 is 
for the restoration of base in the Examinations Fee account and 
$53,000,000 is for restoration of the Salaries and Expenses base; and 
the remaining $83,000,000 for a naturalization enhancement in the 
Salaries and Expenses account.
      The conference agreement provides $171,000,000 for this 
initiative, $35,000,000 for base restoration in the 
Examinations Fee account, $53,000,000 for base restoration in 
Salaries and Expenses, and $83,000,000 in enhancements in funds 
which are not required to maintain other ongoing INS 
activities, funded in part directly through appropriation of 
funds, rather than through use of the Breached Bond Detention 
account, and $30,000,000 by transfer from the Working Capital 
Fund, which have been used instead to offset base funding 
requirements. The conference agreement recommends $83,000,000 
for the following enhancements: (1) $27,450,000, of which 
$11,659,000 is for 200 term employees for the formation of 
Backlog Reduction Action Teams (BRAT) to work exclusively at 
INS locations where the average naturalization application 
processing time is in excess of 15 months and to reduce the 
backlog until the average case processing time at that location 
is under 12 months, $3,750,000 for clerical support, $3,425,000 
for overtime, $2,401,000 for administering oaths, $3,200,000 
for data entry, $2,222,000 for reprinting expired fingerprints, 
and $790,000 for computer support costs; (2) $4,325,000 for 
one-time need to reduce backlogs of cases at the service 
centers, including $145,000 for Information Resource Management 
needs; (3) $6,000,000 for field office ADP support; (4) 
$6,500,000 to improve records procedures and facilities; (5) 
$1,000,000 to conduct a pilot to improve fingerprint 
identification throughout the process; (6) $12,515,000 for 
implementation of key recommendations of PricewaterhouseCoopers 
to redesign the naturalization process, which includes 
$2,700,000 for designing and producing a user friendly guide to 
the naturalization process, $3,000,000 for continuation of the 
PricewaterhouseCoopers contract, $1,250,000 for consolidating 
medical waivers at the INS Service Centers, and $5,565,000 for 
the Complete File Review initiative which is designed to ensure 
that applicant files are complete at the time of adjudication; 
and (7) $25,190,000 for beginning one telephone verification 
center, a record centralization initiative in Missouri, and the 
indexing and conversion to CD or electronic transfer of INS 
microfilm images, provided that the INS should consult with the 
Committees on its proposed spending allocation of these funds 
prior to the obligation process.

                       OFFSETTING FEE COLLECTIONS

      The conference agreement assumes $1,306,046,000 will be 
available from offsetting fee collections for INS, instead of 
$1,570,014,000 as proposed by the House, and $1,560,308,000 as 
proposed by the Senate, to support activities related to the 
legal admission of persons into the United States. These 
activities are entirely paid by fees paid by persons who are 
either traveling internationally or are applying for 
immigration benefits. The following levels are recommended:
      Immigration Examinations Fees.--The conference agreement 
assumes $635,700,000 of spending from the Immigration 
Examinations Fee account resources, instead of $906,000,000 as 
proposed by the House bill, and $905,700,000, as proposed by 
the Senate bill. The estimated resources in this fee account 
have decreased by over $275,000,000 during the year from the 
original estimates due to declining levels of applications. The 
level provided in the conference agreement takes into 
consideration this significant decrease in available resources 
and the $35,000,000 for base restoration in the Examinations 
Fee account included in the reprogramming proposal from 
carryover and recoveries.
      It is noted that even after providing additional 
resources to offset estimated reductions in the Examinations 
Fee account, current estimates provided by INS still reflect a 
deficit between resources and program activities of 
$160,000,000 in the Examinations Fee account. While there is 
considerable concern about the lengthy waits, there is also 
concern about any request by the Department of Justice which 
calls for a level of spending which, without incorporating 
program increases, would result in creating a deficit of an 
estimated $160,000,000. While the INS has proffered to the 
Committees that it may be able to recover $160,000,000 from 
unobligated balances and cost-saving measures without cutting 
into service programs, there is sufficient concern about this 
assurance that there is a desire to see the money that results 
from these sources before allowing INS to spend itself into a 
severe deficit.
      Accordingly, the level of spending assumed in the 
conference agreement is based on estimated revenues in this 
account totaling $635,700,000 which includes carryover from 
fiscal year 1998 revenue projected for fiscal year 1999, 
recoveries, funds from the legalization fee account which has 
been merged into this account, proposed fingerprint surcharges, 
and fees from applications under section 245(i) of the 
Immigration and Nationality Act, which sunsetted on January 14, 
1998.
      Inspections User Fees.--The conference agreement includes 
$486,071,000 of spending from offsetting collections in this 
account, instead of $444,290,000 as proposed in the Senate 
bill, and does not assume the removal of the exemption for 
cruise ship passengers. The conference agreement assumes a 
transfer of $29,536,000 from base Salaries and Expenses funding 
for legal proceedings, Information Resource Management, support 
and infrastructure. The agreement includes: (1) $17,668,000 for 
pay and inflation base adjustments; (2) $7,657,000 to provide 
100 additional inspectors at airports to maintain the 45-minute 
standard at airports; (3) $2,069,000, for 60 asylum officers 
and 20 support staff, for the expedited removal process; (4) 
$1,875,000, and 12 positions, for mandatory detention necessary 
to support the expedited removal process; (5) $19,520,000, and 
217 positions for departure management automation initiatives 
to monitor the control of aliens departing the United States 
and to facilitate the pilot of a system of exit controls; (6) 
$3,961,000, and 16 attorneys, 8 legal support, and 10 
management support positions, for legal proceedings staffing to 
support the expedited removal program; (7) $600,000 for 10 
officers for an international program to train international 
airline carrier personnel and other overseas operations in 
fraudulent document detection and anti-smuggling operations.
      Land Border Inspections Fees.--The conference agreement 
includes $3,275,000 in spending from the Land Border Inspection 
Fund, an increase of $232,000 over the current year. The 
current revenues generated in this account are from Dedicated 
Commuter Lanes in Blaine and Port Roberts, Washington, Detroit 
Tunnel and Ambassador Bridge, Michigan, and Otay Mesa, 
California and Automated Permit Ports which provide pre-
screened local border residents border crossing privileges by 
means of automated inspections. The agreement includes the 
recommendation in the Senate report relating to the Peace Arch 
Crossing Entry program.
      Immigration Breached Bond/Detention Account.--The 
conference agreement includes $176,950,000 in spending from the 
Breached Bond/Detention Account, instead of $169,870,000 as 
proposed by the House and $201,995,000 as proposed by the 
Senate. The level of spending assumed in the conference 
agreement is based on estimated revenues in this account 
totaling $176,950,000, which includes carryover funds from 
fiscal year 1998, revenue projected for fiscal year 1998 and 
assumes the availability of funds from penalty fees from 
applications under section 245(i) of the Immigration and 
Nationality Act, which expired on January 14, 1998. Carryover 
balances from 245(i) fees collected in fiscal year 1998 remain 
in this account for expenditure in fiscal year 1999. The 
conference agreement assumes $27,061,000 of expenses for alien 
detention costs provided under the salaries and expenses 
account will be supported by the carryover estimated to be 
available from fiscal year 1999. Within the amounts provided, 
the conference agreement includes funding for the acquisition 
and installation of video-conferencing equipment at 
institutional hearing program sites, as proposed in the Senate 
report.
      Immigration Enforcement Fines.--The conference agreement 
includes $4,050,000 in spending to support border enforcement 
activities, instead of $3,800,000, as proposed in the House 
report. A remote video surveillance system and sensors is 
included in the agreement, as proposed in the Senate report.
      Other Provisions.--The conference agreement does not 
include the reduction of the number of employees in the Office 
of Legislative and Public Affairs, as proposed by the Senate 
bill; does include the purchase of 3,855 passenger motor 
vehicles, as proposed in the House bill, instead of 2,904 
vehicles, as proposed in the Senate bill; includes bill 
language that prohibits funds from being used for the operation 
of the San Clemente and Temecula traffic checkpoints unless 
they are open on a continuous 24 hour basis, as proposed in the 
House bill; includes a limit on the number of political 
appointees as proposed in the House bill; and does include an 
authorization for the Attorney General to impose disciplinary 
actions on any INS employee who violates Department policies 
and procedures relative to granting citizenship or who 
willfully deceives the Congress or Department Leadership, as 
proposed in the House bill.
      The EB-5, investor visa program, was created to promote 
investments in businesses and to create and preserve jobs in 
the United States. It is understood that serious allegations 
have been made concerning fraudulent activities designed to aid 
persons in gaining U.S. citizenship pursuant to the EB-5 
program without making the contributions to U.S. businesses 
which Congress intended. The Immigration and Naturalization 
Service (INS) is directed to report to Congress within 90 days 
to propose any legislative remedies that may be necessary to 
provide the INS with the tools to ensure that a person gaining 
citizenship pursuant to the EB-5 program has actually made, and 
is personally liable for, the required investment and is 
sufficiently involved in the management of the business 
invested in, consistent with the intent of Congress when the 
EB-5 program was created.

                              CONSTRUCTION

      The conference agreement includes $90,000,000 for 
construction for INS, instead of $81,570,000 as proposed in the 
House bill and $110,251,000 as proposed in the Senate bill. The 
conference agreement assumes funding of $51,606,000 for Border 
Patrol new construction (including 8 stations or sector 
headquarters), as proposed in the House report, and $10,900,000 
for the Charleston border patrol academy and $4,625,000 for the 
Artesia, NM law enforcement training center, as proposed in the 
Senate report; $3,619,000 for various military engineering 
projects to support the Border Patrol, and $3,875,000 to come 
from savings within Salaries and Expenses, as is allowed under 
the bill language in the Salaries and Expenses accounts, to 
include the Santa Theresa project in the Senate report but not 
to include the Tucson Checkpoint exit lane project, included in 
the House report; $5,900,000 for new construction of detention 
facilities, including $1,000,000 for Port Isabel, $4,000,000 
for Florence, and $900,000 for Varick Street; $20,575,000 for 
maintenance and repair of INS facilities; $4,000,000 for fuel 
storage tank upgrade and repair; and $4,300,000 for program 
execution.
      The agreement also includes new bill language prohibiting 
site acquisition, design, or construction of any Border Patrol 
checkpoint in the Tucson Sector, which was not included in 
either the House or the Senate bills.

                         Federal Prison System

                         SALARIES AND EXPENSES

      The conference agreement includes $2,888,853,000 for the 
salaries and expenses of the Federal Prison System, as proposed 
in the House bill instead of $2,919,515,000 as proposed in the 
Senate bill. Of this amount, the conference agreement provides 
$26,499,000 from the Violent Crime Reduction Trust Fund 
(VCRTF), as proposed in the House bill, instead of $9,559,000 
as proposed in the Senate bill. The conference agreement also 
assumes that, in addition to the amounts appropriated, 
$90,000,000 will be available for necessary operations from 
unobligated balances from the prior year, as proposed by both 
House and Senate bills, and that should the funds be available 
in the Department of Justice Working Capital Fund, $23,200,000 
will be made available from the Fund.
      The conference agreement includes the commendation to BOP 
for its operating efficiencies by consolidating and sharing 
like-services at several multilevel security prison facilities 
within a prison complex; identifying ways such as telemedicine 
to reduce health care costs; and voluntarily reducing its 
authority by 760 positions.
      The conference agreement also includes bill language, as 
proposed in the House, in lieu of a privatization plan proposed 
by the Senate, which requires the Bureau of Prisons to conduct 
a study of private prisons.

                        BUILDINGS AND FACILITIES

    The conference agreement includes $410,997,000 for 
construction, modernization, maintenance and repair of prison 
and detention facilities housing Federal prisoners, instead of 
$413,997,000 as proposed in the House bill and $379,197,000 as 
proposed in the Senate bill.
    The conference agreement includes funding for construction 
of three Federal Correctional Institutions and partial funding 
of a fourth to provide additional capacity to accommodate the 
space requirements for the transfer of District of Columbia 
sentenced felons to the Federal Prison System, as mandated by 
the District of Columbia Revitalization Act, as set forth in 
the Senate report. The conference agreement also includes 
$7,000,000 and $2,000,000 for the construction of facilities in 
the Bureau of Prison's Southern region set forth in the Senate 
report. In addition, the conference agreement includes 
$10,000,000 for site acquisition, planning, design and initial 
phases of construction of a new prison at a site in the 
Northern part of the Bureau of Prison's Mid-Atlantic region, 
which meets the Bureau of Prison's siting criteria and needs, 
and where the construction of a prison can be expedited by the 
completion of an Environmental Impact Statement no later than 
March 31, 1999. The conference agreement also includes 
$20,000,000 for additional construction costs of other BOP 
projects under design.
    The conference agreement includes the review of critical 
space needs, review site options for higher security prisons 
both in the western region and other places where the need 
exists, in accordance with the Senate report. The conference 
agreement also includes the direction to the Department of 
Justice to include in its fiscal year 2000 budget a request for 
at least $300,000,000 for modernization and repair within the 
Federal Prison System, as indicated in the Senate report. The 
conference agreement includes the expectation that the Bureau 
of Prisons participate with the Justice Management Division in 
the development of a narrowband communications conversion 
master plan, in accordance with the Senate report.
    It is recognized that significant costs are associated with 
purchasing electric power for Bureau of Prisons facilities, and 
that savings may be effected by the use of hydroelectric power. 
There is an expectation that the Bureau of Prisons explore the 
possibility of using domestic hydroelectric power to reduce 
operating costs in its facilities and, by February 1, 1999, 
report to the Committees on Appropriations on its findings and 
any possible achievable savings.
    Should funds be available in the Department of Justice 
Working Capital Fund, funds from the Working Capital Fund may 
be provided for Federal Prison System equipment, and other 
equipment and automation needs.
    The conference agreement does not include funding for the 
U.S. Marshals Service construction under this account, which 
was proposed in the House bill. Instead funding is provided 
under a separate account as proposed in the Senate bill.

                Federal Prison Industries, Incorporated

                (LIMITATION ON ADMINISTRATIVE EXPENSES)

    The conference agreement includes a limitation on 
administrative expenses of $3,266,000 for the Federal Prison 
Industries, as proposed by both the House and Senate bills.

                       Office of Justice Programs

                           JUSTICE ASSISTANCE

    The conference agreement includes $147,151,000 for Justice 
Assistance, instead of $195,000,000 as proposed in the House 
bill and $170,151,000 as proposed in the Senate bill. The 
conference agreement provides the following:

National Institute of Justice...........................     $46,148,000
    Defense/Law Enforcement Technology Transfer.........    (10,277,000)
    DNA Technology R&D Program..........................         (5,000)
Bureau of Justice Statistics............................      25,029,000
Missing Children........................................      17,168,000
Regional Information Sharing System.....................  \1\ 20,000,000
National White Collar Crime Center......................       7,350,000
Grants to Firefighters and Emergency Service Personnel.. \2\ (5,000,000)
State and Local Antiterrorism Training.................. \2\ (2,000,000)
Counterterrorism Technology.............................\2\ (10,000,000)
Management and Administration...........................      31,456,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     147,151,000

\1\ $5,000,000 included in COPS Technology, for a total of $25,000,000.
\2\ Included under the Counterterrorism Fund.

    This statement of managers reflects the agreement of the 
conferees on how funds provided for all programs under the 
Office of Justice Programs in this conference report are to be 
spent.
    National Institute of Justice (NIJ).--The conference 
agreement provides $46,148,000 for the National Institute of 
Justice, as proposed in the Senate bill, instead of $52,577,000 
as proposed in the House bill. Additionally, $5,200,000 for NIJ 
research and evaluation on the causes and impact of domestic 
violence is provided under the Violence Against Women Grants 
program. The conference agreement adopts the recommendation in 
the House and Senate reports that provides that within the 
overall amount provided to NIJ, the Office of Justice Programs 
is expected to review proposals, provide a grant if warranted, 
and report to the Committees on Appropriations of the House and 
the Senate on its intentions regarding: a grant to disseminate 
the results of the study of the health care status of prison 
inmates as stated in the House report; $1,500,000 for 
information technology applications for High Intensity Drug 
Trafficking Areas; and $1,500,000 for a pilot program with a 
Department of Criminal Justice Training and a College of 
Criminal Justice to evaluate how advanced computer-based 
interactive training systems can enhance training for state and 
local law enforcement officers; and a grant for the study and 
development of perfluorocarbon technology.
    Within the total funding for NIJ, the conference agreement 
includes increased amounts to be made available for the 
utilization of telemedicine to provide health care for the 
prison inmate population. It is directed that two pilot 
programs be developed in conjunction with the Bureau of Prisons 
and the National Institute of Corrections, in South Carolina, 
as proposed in the Senate report, and in Eastern Kentucky. In 
addition to the above amount, $20,000,000 will be provided to 
NIJ in fiscal year 1999 from the Local Law Enforcement Block 
Grant for assisting units of local government to identify, 
select, develop, modernize, and purchase new technologies for 
use by law enforcement. Within the amount provided, NIJ is 
expected to provide increased amounts for computerized 
identification systems and forensic DNA analysis technologies.
    Safe schools initiative [SSI].--The conference agreement 
supports the concern as expressed in the Senate report 
regarding the level of violence in our children's schools 
asevidenced by recent tragic events that have occurred around the 
Nation. In particular, the incidence of gun violence by juveniles in 
schools is growing at an alarming rate. To address this issue, the 
conference agreement adopts the recommendation in the Senate report to 
include $210,000,000 for a new safe schools initiative [SSI], including 
funds for prevention and technology. Within this total, $15,000,000 is 
from the Juvenile Justice At-Risk Children's Program for communities to 
implement approaches unique to their particular areas; $10,000,000 is 
from funds available to the National Institute of Justice [NIJ] to 
develop new, more effective safety technologies such as less obtrusive 
weapons detection and surveillance equipment and information systems 
that provide communities quick access to information they need to 
identify potentially violent youth; $167,500,000 is from the Community 
Oriented Policing Services [COPS] Program to increase community 
policing in and around schools; and $17,500,000 is from the COPS 
Program for programs aimed at preventing violence in schools and 
community-based organizations.
      Within total funding for NIJ, the conference agreement 
includes $10,000,000 from available funds to develop new, more 
effective safety technologies for a safe schools initiative, as 
proposed in the Senate report.
      Defense/Law Enforcement Technology Transfer.--Within the 
total amount provided to NIJ, the conference agreement includes 
$10,277,000 to assist NIJ in its efforts to adopt technologies 
for law enforcement purposes. Within this amount, $2,800,000 is 
provided to continue the technology commercialization 
initiative at the National Technology Transfer Center and the 
remainder to go for continuation of the law enforcement 
technology center and other centers funded in the current year.
      DNA Technology Research and Development Program.--Within 
the amount provided, the conference agreement includes 
$5,000,000 to develop improved DNA testing capabilities, as 
proposed in the House and Senate reports.
      Bureau of Justice Statistics.--The conference agreement 
provides $25,029,000 for the Bureau of Justice Statistics (BJS) 
for fiscal year 1999, as proposed in the House bill instead of 
$25,529,000 as proposed by the Senate bill.
      Missing Children.--The conference agreement provides 
$17,168,000 for the Missing Children Program as proposed in the 
Senate bill, instead of $12,256,000 as proposed in the House 
bill. The conference agreement provides a significant increase 
and expands the missing children initiative included in the 
fiscal year 1998 conference report for Federal, State, and 
local law enforcement agencies, and the National Center for 
Missing and Exploited Children, to address the increasing need 
to combat crimes against children, particularly kidnapping and 
sexual exploitation. The conference agreement again 
consolidates funding under one account for Missing Children 
programs as proposed in the House and Senate bills. Within the 
amounts provided the conference agreement assumes funding in 
accordance with the Senate report including:
      (1) $7,798,000 for the Missing Children program within 
the Office of Justice Programs, Justice Assistance, including 
$5,000,000 for State and local law enforcement to continue 
eight specialized cyber units and to form eight new units to 
investigate and prevent child sexual exploitation which are 
based on the protocols for conducting investigations involving 
the Internet and on-line service providers that have been 
established by the Department of Justice and the National 
Center for Missing and Exploited Children; $162,000 for highly 
technical, sophisticated computer crime training for State and 
local law enforcement; $90,000 for a national teleconference on 
cybercrime against children; and $75,000 for town meetings to 
focus on cybercrimes against children in local communities 
around the country;
      (2) $8,120,000 for the National Center for Missing and 
Exploited Children, of which $1,900,000 is provided for 
Internet investigations as proposed in the Senate report. The 
conferees expect the National Center for Missing and Exploited 
Children to continue to consult with participating law 
enforcement agencies to ensure the curriculum, training, and 
programs provided with this additional funding are consistent 
with the protocols for conducting investigations involving the 
Internet and on-line service providers that have been 
established by the Department of Justice. Also included is the 
following: $180,000 for cybercrime awareness training for law 
enforcement in every State; $690,000 for expansion and 
enhancement of the cybertipline, technology upgrades, and 
enhancement of the exploited child unit; $300,000 for a 
national survey regarding the exposure of children and youth to 
unwanted sexual solicitations and pornography on the Internet; 
and $50,000 to increase staffing at the center's office in 
Columbia, SC; and
      (3) $1,250,000 for the Jimmy Ryce Law Enforcement 
Training Center for training of State and local law enforcement 
officials investigating missing and exploited children cases. 
The conference agreement includes an increase for expansion of 
the center to train additional law enforcement officers.
      The Department is directed to work closely with the 
National Center for Missing and Exploited Children, schools, 
and libraries to educate the public about the potential risks 
of Internet usage. Further, the conference agreement includes 
the suggestion that the Center create a brief information 
seminar appropriate for organizations, such as Boys and Girls 
Clubs of America, who can provide information directly to 
juveniles. The conference agreement adopts additional Senate 
report language regarding the significant progress of the 
National Center for Missing and Exploited Children; the 
recognition that schools can play a vital role in the 
identification and recovery of missing children; the problem of 
the emergence of sex tourism in which glossy brochures and 
websites advertise packages for travelers complete with 
airfare, hotel, and directions to local brothels; and the 
recognition of the key role private organizations can play in 
combating child abduction.
      Regional Information Sharing System (RISS).--The 
conference agreement includes $20,000,000 for the RISS program, 
as proposed in the House bill, instead of $25,000,000 as 
proposed in the Senate bill. In addition, the conference 
agreement provides $5,000,000 under the COPS Technology Program 
for an enhancement to the RISS program to upgrade its 
communications infrastructure. The conference agreement 
recognizes that the regional structure of the RISS program is 
essential to its continued acceptance and support by the state 
and local law enforcement community and commend OJP for their 
strong support of this valuable network.
      National White Collar Crime Center.--The conference 
agreement includes $7,350,000 for the National White Collar 
Crime Center as proposed in the House bill instead of 
$5,350,000 as provided in the Senate bill and assumes funding 
in accordance with the House report.
      Grants to Firefighters.--The conference agreement 
includes funds under the Counterterrorism Fund.
      State and Local Antiterrorism Training.--The conference 
agreement includes funds under the Counterterrorism Fund.
      Counterterrorism Technology.--The conference agreement 
includes funds under the Counterterrorism Fund.
      Management and Administration.--The conference agreement 
provides $31,456,000 for Management and Administration expenses 
of the Office of Justice Programs instead of $37,788,000 as 
proposed in the House bill and instead of $31,956,000 as 
proposed in the Senate bill. In addition, reimbursable funding 
from VCRTF programs, the Counterterrorism Fund, and Community 
Oriented Policing Services and a transfer from the Juvenile 
Justice account, will be provided for the administration of 
grants under these activities. Total funding for the 
administration of grants assumed in the conference agreement is 
as follows:

------------------------------------------------------------------------
                                                      Amount        FTE
------------------------------------------------------------------------
Direct Appropriation............................      31,456,000     322
Transfer from Juvenile Justice programs.........       6,947,000      87
Reimbursement from VCRTF........................      47,230,000     387
Reimbursement from COPS.........................       2,500,000      23
Reimbursement from Counterterrorism Fund........       2,000,000      15
                                                 -----------------------
    Total.......................................      90,133,000     834
------------------------------------------------------------------------

      In order to ensure careful stewardship of these 
resources, and in accordance with the House report, the 
Assistant Attorney General for the Office of Justice Programs 
(OJP) submitted a report to the Committees in January of this 
year, which outlined the steps OJP has taken and which 
recommends additional actions that will ensure coordination and 
reduce the possibility of duplication and overlap among the 
various OJP divisions. As a result of that report, the 
conference agreement includes a General Provision under this 
title, as proposed in the Senate bill, which authorizes the 
Assistant Attorney General for OJP to have final authority over 
all grants, cooperative agreements, and contracts for OJP and 
its component organizations. The conference agreement includes 
the House proposal which directs the Assistant Attorney General 
of OJP to develop a new organizational structure.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

      The conference agreement includes $2,921,950,000 for 
State and Local Law Enforcement Assistance, instead of 
$2,927,150,000 as proposed in the House bill and $2,676,650,000 
as proposed in the Senate bill. Of this amount, the conference 
agreement provides that $2,369,950,000 shall be derived from 
the Violent Crime Reduction Trust Fund (VCRTF), instead of 
$2,374,400,000 as proposed in the House bill and $2,124,650,000 
as proposed in the Senate bill.
      The conference agreement provides for the following 
programs from direct appropriations and the VCRTF:

Direct Appropriation:
    Byrne Discretionary Grants..........................     $47,000,000
    Byrne Formula Grants................................     505,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total Direct Appropriations.....................     552,000,000
                    ========================================================
                    ____________________________________________________
Violent Crime Reduction Trust Fund:
    Local Law Enforcement Block Grant...................     523,000,000
        Boys and Girls Clubs............................    (40,000,000)
        Law Enforcement Technology......................    (20,000,000)
    Juvenile Crime Block Grant..........................     250,000,000
    Indian Tribal Courts Program........................       5,000,000
    Drug Courts.........................................      40,000,000
    Upgrade Criminal History Records (Brady Bill).......      45,000,000
    State Prison Grants.................................     720,500,000
        Cooperative Agreement Program...................    (25,000,000)
        Indian Country Earmark..........................    (34,000,000)
        Alien Incarceration.............................   (165,000,000)
    State Criminal Alien Assistance Program.............     420,000,000
    Violence Against Women Act Programs.................     282,750,000
    Substance Abuse Treatment for State Prisoners.......      63,000,000
    DNA Identification State Grants.....................      15,000,000
    Law Enforcement Family Support Programs.............       1,500,000
    Senior Citizens Against Marketing Scams.............       2,000,000
    Motor Vehicle Theft Prevention......................       1,300,000
    Missing Alzheimer's Patient Program.................         900,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, Violent Crime Reduction Trust Fund.......   2,369,950,000
                    ========================================================
                    ____________________________________________________

      Edward Byrne Grants to States.--The conference agreement 
provides $552,000,000 for the Edward Byrne Memorial State and 
Local Law Enforcement Assistance Program, of which $47,000,000 
is for discretionary grants and $505,000,000 is provided for 
formula grants under this program.
      Byrne Discretionary Grants.--The conference agreement 
provides $47,000,000 for discretionary grants under Chapter A 
of the Edward Byrne Memorial State and Local Assistance 
Program, as proposed in the Senate bill, instead of $47,750,000 
as proposed in the House bill. Within the amount provided, the 
Bureau of Justice Assistance (BJA) is expected to review the 
following proposals, provide a grant if warranted, and report 
to the Committees on Appropriations of the House and the Senate 
on its intentions:
      --$4,000,000 for the National Crime Prevention Council;
      --$1,750,000 to continue the Drug Abuse Resistance 
Education (DARE America) program. DARE may also apply for a 
grant to expand its program into middle schools under the COPS 
Methamphetamine/Drug Hot Spots program as proposed in the House 
report;
      --$2,250,000 for continued funding for the Washington 
Metropolitan Area Drug Enforcement Task Force and for 
development of a regional gang tracking system;
      --$1,000,000 for Project Return to include funds for 
evaluation of this correctional options program;
      --$1,000,000 for continued funding for the National 
Judicial College;
      --$1,500,000 to SEARCH Group, Inc. to continue and expand 
the National Technical Assistance Program, which provides 
support to State and local criminal justice agencies to improve 
their use of computers and information technology;
      --$3,150,000 for the National Motor Vehicle Title 
Information System, authorized by the Anti-Car Theft 
Improvement Act;
      --$500,000 for continuation of the Santee-Lynches 
Regional Council of Governments Local Law Enforcement Program;
      --$1,000,000 for the National Neighborhood Crime and Drug 
Abuse Prevention Program;
      --$925,000 to allow the Utah State Olympic Public Safety 
Command to continue to develop and support a public safety 
master plan for the games;
      --$4,500,000 for the Executive Office of United States 
Attorneys to support the National District Attorneys 
Association's participation in legal education training at the 
National Advocacy Center;
      --$3,000,000 for the Community Law Enforcement and 
Recovery (CLEAR) program, in which city and county law 
enforcement agencies collaborate with community agencies to 
target gang leadership and hard-core gang members to remove 
them from the community;
      --$3,500,000 for Consolidated Advanced Technologies for 
the Law Enforcement Program at the University of New Hampshire 
and the New Hampshire Department of Safety;
      --$2,000,000 for a one-time grant to Tools for Tolerance 
for training for law enforcement officers;
      --$1,500,000 for the New Hampshire Department of Safety 
for Operation Streetsweeper;
      --$500,000 for the community security program of the 
Local Initiatives Support Corporation;
      --$1,000,000 for the Ben Clark Public Safety Training 
program; and
      --$1,000,000 for a Rural Crime Prevention and Prosecution 
program.
      Within the available resources for Byrne discretionary 
grants, BJA is urged to review proposals, provide a grant if 
warranted, and report to the Committees on Appropriations of 
the House and the Senate on its intentions regarding: 
demonstration and evaluation of the programs of Haymarket 
House; Chicago's Family Violence Intervention Program; the 
National Night Out Program; National Training and Information 
Center; Lincoln-Lancaster Mediation Center; Trauma Reduction 
Initiative; National Fraud Information Center; Stop the 
Violence Program; Light of Life Ministries; Westcare; South 
Florida Corrections options; Straight and Narrow; Public Safety 
Training Institute in Missouri; and for necessary trial 
security expenses for Jasper County, Texas.
      Byrne Formula Grants.--The conference agreement provides 
$505,000,000 for the Byrne Formula Grant program, as proposed 
in both the House and Senate bills, from direct appropriations. 
The conference agreement includes language, as proposed in the 
House bill, which makes drug testing programs an allowable use 
of grants provided to States under this program.

              VIOLENT CRIME REDUCTION TRUST FUND PROGRAMS

      Local Law Enforcement Block Grant.--The conference 
agreement includes $523,000,000 for the Local Law Enforcement 
Block Grant program, as proposed in the House bill, instead of 
$500,000,000 as proposed in the Senate bill, in order to 
continue the commitment to provide local governments with the 
resources and flexibility to address specific crime problems in 
their communities with their own solutions. Within the amount 
provided, the conference agreement includes language providing 
$40,000,000 of these funds to the Boys and Girls Clubs of 
America. In addition, the conference agreement includes 
language as proposed in the House bill that defines the 
Commonwealth of Puerto Rico as a unit of local government and 
includes language from the Senate bill, which designates parish 
sheriffs as the recipient of block grant funds in Louisiana. 
There is an awareness of the unique law enforcement system that 
exists in the State of Louisiana whereby the constitution of 
the State of Louisiana establishes independent and wholly 
autonomous parish sheriffs and names the sheriff as the chief 
law enforcement officer of the constitutionally established law 
enforcement districts. In addition, the conference agreement 
extends the set aside for law enforcement technology for which 
an authorization had expired, as proposed in the Senate bill.
      Juvenile Accountability Block Grant.--The conference 
agreement provides $250,000,000 for a Juvenile Accountability 
Incentive Block Grant program to address the growing problem of 
juvenile crime, as proposed in the House bill and instead of 
the $100,000,000 as proposed in the Senate bill. The conference 
agreement includes language that continues by reference the 
terms and conditions for the administration of the Block Grant 
contained in the fiscal year 1998 appropriations bill, instead 
of listing those terms and conditions. The conference report 
does not include a set aside for discretionary grants, as 
proposed in the Senate bill. It has been brought to the 
attention of the conferees the special needs of San Bernardino, 
California, Douglas County, Oregon, Missoula, Montana, 
Billings, Montana, Montrose, Colorado, the Montrose Juvenile 
Probation Officers, and the North Dakota Youth Crisis Center.
      Drug Courts.--The conference agreement includes 
$40,000,000 for drug courts as proposed in the Senate bill, 
instead of $43,000,000 as proposed in the House bill. The 
conferees note that localities may also obtain funding for drug 
courts under the Local Law Enforcement Block Grant and the 
Juvenile Accountability Block Grant.
      Upgrade Criminal History Records (Brady Bill).--The 
conference agreement provides $45,000,000, as proposed in both 
the House and Senate bills, for States to upgrade criminal 
history records as required under the Brady Bill.
      State Prison Grants.--The conference agreement provides 
$720,500,000 for State Prison Grants, instead of $730,500,000 
as proposed in the House bill and $711,000,000 as proposed in 
the Senate bill. Of the amount provided, $496,500,000 is 
available to States to build and expand prisons, $165,000,000 
is available to States for the reimbursement cost of 
incarceration of criminal aliens and $25,000,000 is for the 
Cooperative Agreement Program. The conference agreement 
includes $34,000,000 for construction of jails on Indian 
reservations and adopts House language providing for the new 
construction of jails and detention facilities and not for 
repair and maintenance costs of existing facilities, as 
proposed in the Senate. There is an awareness of the special 
detention needs at the Barrow Correctional Facility and the 
Fort Berthold Indian reservation.
      OJP is expected to follow the same priority for funding 
that exists under the current Bureau of Indian Affairs (BIA) 
priority list when determining the order in which tribes are 
allocated funding for detention facility construction projects 
in Indian Country, if appropriate. The BIA has expended 
considerable resources to establish these priorities, and it 
would be a duplication of these efforts to repeat the process.
      State Criminal Alien Assistance Program.--The conference 
agreement provides a total of $585,000,000 for the State 
Criminal Alien Assistance Program for reimbursement to States 
for the costs of incarceration of criminal aliens, as proposed 
in the House bill, instead of $500,000,000 as proposed in the 
Senate bill. Of the total amount, the conference agreement 
includes $420,000,000 under this account for the State Criminal 
Alien Assistance Program as proposed in the House bill, instead 
of $350,000,000 as proposed in the Senate bill and $165,000,000 
for this purpose under the State Prison Grants program, as 
proposed by the House bill, instead of $150,000,000 as proposed 
by the Senate bill.
      The conference agreement includes concerns that OJP has 
been unable, for various reasons, some beyond their control, to 
distribute funds within the fiscal year in which they are 
appropriated. Based on discussions with BJA, State, and 
localities, OJP-BJA is instructed to use the 1998 data 
collection and verification process as the basis for 1999 
awards, as well as 1998 awards, and to make the 1999 awards by 
September 30, 1999. Announcement of the 1999 program should be 
made to all eligible States and jurisdictions and any that did 
not apply in 1998 but desire to apply in 1999 shall be allowed 
to do so. OJP is directed to report back to the Committees by 
December 31, 1999, regarding the results of this approach.
      If SCAAP funds are not disbursed by August 31 of the 
fiscal year for which the funds were appropriated, BJA is 
directed to immediately disburse to all jurisdictions whose 
prior fiscal year SCAAP award was equal to, or greater than 
0.5% of total prior year SCAAP awards an amount equal to 50% of 
such jurisdiction's prior year award. Such jurisdictions shall 
be credited for partial disbursements when remaining SCAAP 
funds are disbursed.
      Violence Against Women Act Programs.--The conference 
agreement includes $282,750,000 for grants to support the 
Violence Against Women Act, as proposed in the Senate bill, 
instead of $279,750,000 as proposed in the House bill. Grants 
provided under this account are for the following programs:

General Grants..........................................    $206,750,000
    Civil Legal Assistance..............................    (23,000,000)
    National Institute of Justice.......................     (5,200,000)
    D.C. Superior Court Domestic Violence...............     (1,196,000)
    OJJDP-Safe Start Program............................    (10,000,000)
    Violence on College Campuses........................    (10,000,000)
Victims of Child Abuse Programs:
    Court-Appointed Special Advocates...................       9,000,000
    Training for Judicial Personnel.....................       2,000,000
    Grants for Televised Testimony......................       1,000,000
Grants to Encourage Arrest Policies.....................      34,000,000
Rural Domestic Violence.................................      25,000,000
Training Programs.......................................       5,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total...........................................    $282,750,000

      Within the amount provided for General Grants, the 
conference agreement includes $23,000,000 exclusively for the 
purpose of augmenting civil legal assistance programs to 
address domestic violence, $5,200,000 for research and 
evaluation of domestic violence programs, $1,196,000 to support 
an enhanced domestic prosecution unit within the District of 
Columbia, $10,000,000 for the Safe Start program which provides 
direct intervention and treatment to youth who are victims, 
witnesses or perpetrators of violent crimes in order to attempt 
early treatment, and $10,000,000 to combat violent crime 
against women on college campuses, the latter as proposed in 
the Senate report. Within the amounts provided, the Office of 
Justice Programs should consider the needs of the Aberdeen, SD 
CASA program.
      The conference agreement includes $10,000,000 within 
General Grants to expand a project which provides direct 
intervention and treatment to youth who are victims, witnesses 
or perpetrators of violent crimes in order to attempt early 
treatment.
      Substance Abuse Treatment for State Prisoners.--The 
conference agreement includes $63,000,000 for substance abuse 
treatment programs within State and local correctional 
facilities, as proposed in the House and Senate bills.
      Indian Tribal Courts.--The conference agreement includes 
$5,000,000 to assist tribal governments in the development, 
enhancement, and continuing operation of tribal judicial 
systems, as described in the Senate report. These grants should 
be competitive, based upon the extent and urgency of the need 
of each applicant. OJP should consider the needs of the Waka 
Sica Historical Society of South Dakota and the Winnebago Tribe 
of Nebraska. OJP should report back to the Committees with its 
proposal as to how the program may be administered before 
approving any grants.
      DNA Identification State Grants.--The conference 
agreement includes $15,000,000 for DNA Identification State 
Grants, as proposed by both the House and Senate bills. Within 
the amount made available under this program, it is expected 
that the OJP and the FBI review a proposal, provide a grant if 
warranted, and report to the Committees on Appropriations of 
the House and the Senate on its intentions regarding a 
$2,000,000 grant to the Marshall University Forensic Science 
Program, and a $1,000,000 grant to the West Virginia University 
Forensic Identification Program, and a $3,000,000 grant to the 
South Carolina Law Enforcement Division's forensic laboratory. 
Within the amount made available under this program, the OJP 
and the FBI should also review the following proposals, and 
provide a grant if warranted, and report to the Committees on 
Appropriations of the House and the Senate on its intentions 
regarding: a forensic science partnership between the Oregon 
State Police and Western Oregon University; the Southeast 
Missouri Crime Laboratory; and the National Center for Forensic 
Science at the University of Central Florida Forensic Center.
      Law Enforcement Family Support Programs.--The conference 
agreement includes $1,500,000 for law enforcement family 
support programs, as proposed by the House bill, instead of 
$2,000,000 as proposed by the Senate bill.
      Senior Citizens Against Marketing Scams.--The conference 
agreement includes $2,000,000 for programs to assist law 
enforcement in preventing and stopping marketing scams against 
senior citizens, as proposed by both the House and Senate 
bills, and including program sessions to be held at the 
National Advocacy Center, as proposed in the Senate report.
      Motor Vehicle Theft Prevention.--The conference agreement 
includes $1,300,000 for grants to combat motor vehicle theft, 
instead of $750,000 as proposed in the House bill and instead 
of $2,000,000 as proposed in the Senate bill.
      Safe Return Program.--The conference agreement includes 
$900,000 for the Missing Alzheimer's Patient Program, as 
proposed in both the House and Senate bills and includes the 
proposal in the Senate report.

                         WEED AND SEED PROGRAM

      The conference agreement includes a direct appropriation 
of $33,500,000 for the Weed and Seed program, as proposed by 
the House bill instead of $40,000,000 as proposed by the Senate 
bill. The conference agreement includes the expectation that 
$6,500,000 will be made available from the Asset Forfeiture 
Super Surplus Fund, as proposed in the House bill.

                  Community Oriented Policing Services

                    VIOLENT CRIME REDUCTION PROGRAMS

      The conference agreement includes $1,430,000,000 for the 
Community Oriented Policing Services (COPS) program, instead of 
$1,420,000,000 as proposed by the House and $1,440,000,000 as 
proposed by the Senate bill. This statement of managers 
reflects the conference agreement on how funds provided for all 
programs under the Community Oriented Policing Services program 
in this conference report are to be spent.
      Police Corps.--Within the total amount provided, the 
conference agreement provides $30,000,000 for the Police Corps 
program, instead of $20,000,000 as proposed by the House bill 
and $40,000,000 as proposed by the Senate bill. The conference 
agreement includes the acceptance of a possible move of the 
Police Corps program from this account to the Office of Justice 
Programs.
      Management and Administration.--The conference agreement 
also includes a provision that provides that not to exceed 266 
positions, 266 workyears, and $32,023,000 shall be expended for 
management and administration of the program, as proposed in 
the House bill, instead of 266 positions, 266 workyears, and 
$34,023,000, as proposed in the Senate bill. A request for 
reprogramming or transfer of funds, pursuant to section 605 of 
this Act, would be entertained to increase this amount by up to 
$2,000,000.
      Police Hiring Initiatives.--Funds have been provided 
since fiscal year 1994 to support grants for the hiring of 
88,000 police officers. The conference agreement includes 
funding for an additional 17,000 officer grants, bringing the 
total number of new police officer grants under this program to 
105,000, which will exceed the goals of the program before the 
year 2000. The conference agreement includes the expectation 
that hiring grants will include grants under the COPS Universal 
Hiring Program and the COPS MORE program in order to accomplish 
this goal.
      Safe schools initiative [SSI].--The conference agreement 
includes $167,500,000 for a safe schools initiative which will 
provide funding to police departments and sheriff's offices in 
partnerships with schools and other community-based 
organizations to develop programs to improve the safety of 
elementary and secondary school children and educators in and 
around schools and for hiring school resource officers, as 
proposed in the Senate report. Officers hired under this 
initiative could be counted toward the COPS office hiring goal 
of 100,000 officers by the year 2000.
      Indian Country.--The conference agreement includes 
$35,000,000 to improve law enforcement capabilities on Indian 
lands, both for hiring uniformed officers and for the purchase 
of equipment and training for new and existing officers, as 
proposed by the Senate. Officers hired under this initiative 
are to be counted toward the COPS office hiring goal of 100,000 
officers by the year 2000.
      Special note is made of the need for additional police 
officers in Jackson, Mississippi.
      Non-Hiring Initiatives.--The conferees understand that 
the COPS program expects to fund 88,000 officers by the end of 
the fiscal year 1998, well above the 82,667 officers projected 
in the fiscal year 1999 President's Budget. The conferees 
recognize that this is largely due to COPS' determined efforts 
to streamline its hiring program's grant application and 
obligation processes. With significant progress being made 
toward hiring goals of the program, the conferees want to 
ensure there is adequate infrastructure for the new police 
officers, similar to the focus that has been provided Federal 
law enforcement over the past several years. The conferees 
believe this approach will enable police officers to work more 
efficiently, equipped with the protection, tools, and 
technology they need; address crime in and around schools, 
provide law enforcement technology for local law enforcement, 
combat the emergence of methamphetamine in new areas and 
provide policing of ``hot spots'' of drug market activity, 
provide model initiatives for addressing domestic violence and 
community prosecutor programs, provide bullet proof and stab 
proof vests for local law enforcement officers and correctional 
officers, and provide additional probation and parole officers 
for the District of Columbia, a new federal responsibility.
      Because the hiring program is ahead of schedule, the 
conferees understand there are sufficient budgetary resources 
within the program to support these initiatives and still keep 
the program on track to hire 100,000 officers by the end of 
fiscal year 2000. Specifically, the conferees direct the 
program to use $180,000,000, to be made available from a 
combination of unobligated carryover balances and the new 
monies appropriated in this Act for COPS to fund initiatives 
that will result in more effective policing. The conferees 
believe that these funds should be used to address these 
critical law enforcement requirements and direct the program to 
establish the following non-hiring grant programs:
      1. COPS Technology Program.--The conference agreement 
includes the direction of $80,000,000 to be used for continued 
development of technologies and automated systems to assist 
State and local law enforcement agencies in investigating, 
responding to and preventing crime. In particular, there is a 
recognition of the importance of the sharing of criminal 
information and intelligence between State and local law 
enforcement to address multi-jurisdictional crimes.
      Within the amounts made available under this program, the 
conference agreement includes the expectation that the office 
will award grants for the following technology proposals:
      --$9,000,000 for the Southwest Border States Anti-Drug 
Information System, which will provide for the purchase and 
deployment of this technology network between all State and 
local law enforcement agencies in the four southwest border 
states--California, Arizona, New Mexico, and Texas--to provide 
information sharing of drug trafficking along the U.S.-Mexico 
border, by linking criminal and intelligence databases of these 
States, the El Paso Intelligence Center, and certain components 
of the Regional Information Sharing System;
      --$5,000,000 to expand the Regional Information Sharing 
System (RISS) by providing access to law enforcement member 
agencies to the RISS Secure Intranet to increase their ability 
to share and retrieve criminal intelligence information on a 
real-time basis;
      --$10,000,000 for the North Carolina Criminal Justice 
Information System, to complete development of phase II of a 
network to integrate data from various criminal justice 
agencies to meet North Carolina's public safety needs;
      --$7,000,000 to the New Hampshire Department of Public 
Safety for the development of a pilot intergovernmental VHF 
trunked digital radio system, including $2,000,000 for phase 1 
of development of an interoperable law enforcement 
communications system;
      --$3,000,000 for the I-85 police technology initiative in 
Anderson, Greenville, and Spartanburg Counties, SC, for 
computer enhancements and policing equipment upgrades;
      --$1,500,000 for the Alaska juvenile offender management 
system;
      --$1,100,000 for the Jackson, Mississippi, public safety 
automated systems and technologies;
      --$100,000 each for establishment of a 911 emergency 
system in Marshall County and in Moody County, South Dakota;
      --$400,000 for the Fairbanks, Alaska Police Department 
for computer enhancements and policing equipment upgrades;
      --$2,400,000 for the Anchorage, AK Mobile Data Terminals;
      --$650,000 for Alaskan Village Public Safety Program for 
technology, equipment, and training programs;
      --$1,000,000 for Utica, New York and surrounding areas 
for modernizing their equipment;
      --$1,500,000 for Indianapolis, Indiana sheriff's office 
for modernizing their equipment;
      --$1,500,000 for a demonstration project enabling local 
law enforcement officers to field-test a portable hand-held 
digital fingerprint and photo device which would be compatible 
with NCIC 2000;
      --$50,000 for Riverside, California computer upgrades;
      --$1,000,000 for Allegheny County, Pennsylvania for 
computer upgrades;
      --$100,000 for Conshohocken, Pennsylvania for computer 
upgrades;
      --$50,000 for Rockledge, Pennsylvania for computer 
upgrades;
      --$3,000,000 for videoteleconferencing equipment 
necessary to assist State and local law enforcement in 
contacting the Immigration and Naturalization Service to allow 
them to confirm the identification of illegal and criminal 
aliens in their custody;
      --$1,000,000 for Gainesville, Florida for computer 
upgrades;
      --up to $7,000,000, if warranted, for a juvenile justice 
information system for the Missouri Office of the State Courts 
Administrator;
      --more than the amount provided in the current fiscal 
year for the Law Enforcement On-Line system, to add State and 
local users to a secure national interactive computer 
communications network currently being developed with the FBI;
      --more than the amount provided in the current fiscal 
year for the Jefferson Parish, Louisiana Sheriff Department for 
software development and network capability to enhance radio 
communications and to develop a model for interconnectivity and 
interoperability;
      --funding at least at the current year level for Utah 
Communications Agency Network (UCAN) for enhancements and 
upgrades of security and communications infrastructure to 
assist with the law enforcement needs arising from the 2002 
Winter Olympics;
      --grants for technology to police and sheriff departments 
in communities that are in need of modernizing their equipment 
and for which alternative sources of funding are not available, 
including, if contacted, the communities of Compton, 
California; Missoula, Montana; Rural Emergency 911 Project of 
New Mexico; Lake County, California; Alhambra, California; and 
the New Jersey State Police; and, within available resources, 
for
      --grants for the following programs for which alternative 
sources of funding are not available, if contacted: the Upgrade 
of the Criminal History Records Program for crime information 
and identification systems and for forensic laboratories.
      In addition, the conference agreement includes support 
for the development of new technologies which enhance the 
ability of State and local law enforcement to respond to 911 
calls. Recent developments with the use of the 311 non-
emergency number has shown promising results and the conference 
agreement supports the use of these funds for this purpose.
      2. COPS Methamphetamine/Drug ``Hot Spots'' Program.--The 
conference agreement includes the direction of $35,000,000 be 
used for State and local law enforcement programs to combat 
methamphetamine production, distribution, and use, and to 
reimburse the Drug Enforcement Administration for assistance to 
State and local law enforcement for proper removal and disposal 
of hazardous materials at clandestine methamphetamine labs. The 
monies may also be used for policing initiatives in ``hot 
spots'' of drug market activity. There is an awareness that the 
production, trafficking, and usage of methamphetamine, an 
extremely destructive and addictive synthetic drug, is a 
growing national problem, particularly in California, the 
Southwest, and the Midwest. Within the amount provided for this 
program, the office is expected to award grants for the 
following methamphetamine or drug programs:
      --$18,200,000 to the California Bureau of Narcotics 
Enforcement's Methamphetamine Strategy, as proposed in the 
House report;
      --$1,200,000 for the Tri-State (Iowa/Nebraska/South 
Dakota) Methamphetamine Training program, as proposed in the 
House report;
      --$4,000,000 for the Midwest Methamphetamine Initiative, 
as proposed in the Senate report;
      --$1,000,000 for the Arizona Methamphetamine Initiative, 
as proposed in the Senate report;
      --$1,000,000 for the Rocky Mountain Methamphetamine 
Initiative, as proposed in the Senate report;
      --$5,000,000 for DEA support for lab and disposal of 
clandestine methamphetamine laboratories, as proposed in the 
Senate report; and
      --$1,000,000 for the Northern Utah Methamphetamine 
Initiative, as proposed in the Senate report.
      The conference agreement also includes the expectation 
that the office consider funding a proposal by the Drug Abuse 
Resistance Education (DARE AMERICA) for pilot programs in 
middle schools particularly at risk to test the recently agreed 
uponstrategies resulting from consultations between the DARE 
program and prevention experts to improve the effectiveness of this 
program. The office is directed to work directly with the OJP, which is 
familiar with DARE, on this grant proposal.
      3. COPS Safe School Initiative[SSI]/School Violence 
Initiatives.--The conference agreement includes direction that 
$17,500,000 be used to provide grants to policing agencies and 
schools to provide resources for programs aimed at preventing 
violence in public schools, and to support the assignment of 
officers to work in collaboration with schools and community-
based organizations to address crime and disorder problems, 
gangs, and drug activities, as proposed in the House report.
      Within the overall amounts recommended for this program, 
the conference agreement includes the expectation that the COPS 
office examine each of the following proposals, to provide 
grants if warranted, and submit a report to the Committees on 
its intentions for each proposal:
      --$250,000 for a grant to Stop Violence in Youth program 
to teach elementary school children through role-playing about 
alternatives to violence;
      --$500,000 for a grant to the Home Run Program to place 
probation officers in school districts to assist elementary and 
secondary schools with children beginning to engage in 
delinquent behavior; and
      --$1,500,000 for a grant to support the Juvenile Anti-
Violence Demonstration Project of Future Homemakers of America 
for peer education program on alternatives to violence and 
crime.
      4. COPS Bullet-proof vests initiative.--The conference 
agreement includes the direction that $25,000,000 be used to 
provide State and local law enforcement officers with bullet 
proof vests, in accordance with Public Law 105-181, recently 
enacted into law. The conference agreement includes the 
awareness of the new Internet-based approach which the Office 
of Justice Program's Bureau of Justice Assistance anticipates 
taking to administer this program. The conference agreement 
includes support of both the use of technology to save 
administrative funds and to get vests to applicants faster and 
more efficiently. In support of this effort, the conference 
agreement supports OJP's use of up to $1,200,000 for 
implementation and operation of this new system.
      5. COPS Community Policing to Combat Domestic Violence 
Program.--The conference agreement includes direction that 
$12,500,000 be used for the Community Policing to Combat 
Domestic Violence Program established pursuant to section 
1701(d) of part Q of the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended.
      6. COPS Community Prosecutors.--The conference agreement 
includes direction that $5,000,000 be used for pilot community 
prosecutor programs to be administered by the Office of Justice 
Programs.
      7. COPS D.C. Offender Services.--The conference agreement 
includes direction that $5,000,000 be used for hiring 
additional community supervision officers for probation, parole 
and pre-trial supervision activities and related program 
support for the District of Columbia Offender Supervision, 
Defender, and Court Services Agency. Within the amount, 
$1,250,000 is available for case management information 
systems.

                       juvenile justice programs

      The conference agreement includes $284,597,000 for 
Juvenile Justice programs, as proposed in the Senate bill, 
instead of $282,950,000 as proposed in the House bill. The 
conference agreement includes the understanding that changes to 
Juvenile Justice and Delinquency Prevention Programs are being 
considered in the reauthorization process of the Juvenile 
Justice and Delinquency Act of 1974. However, absent completion 
of this reauthorization process, the conference agreement 
provides funding consistent with the current Juvenile Justice 
and Delinquency Prevention Act. In addition, the conference 
agreement includes language that provides that funding for 
these programs shall be subject to the provisions of any 
subsequent authorization legislation that is enacted.
      Juvenile Justice and Delinquency Prevention.--Of the 
total amount provided, $267,597,000 is for grants and 
administrative expenses for Juvenile Justice and Delinquency 
Prevention programs including:
      1. $6,847,000 for the Office of Juvenile Justice and 
Delinquency Prevention (OJJDP) (Part A).
      2. $89,000,000 for Formula Grants for assistance to State 
and local programs (Part B).
      3. $42,750,000 for Discretionary Grants for National 
Programs and Special Emphasis Programs (Part C).
      Within the amount provided for Part C discretionary 
grants, OJJDP is directed to review the following proposals, 
provide a grant if warranted, and submit a report to the 
Committees on Appropriations of the House and the Senate on its 
intentions regarding:
      --$3,000,000 for a grant for Parents Anonymous, which 
develops partnerships with local communities to build and 
support strong, safe families and to help break the cycle of 
abuse and delinquency;
      --$1,500,000 for a grant for the continuation of the 
Center for Research on Crimes Against Children which focuses on 
improving the handling of child crime victims by the justice 
system;
      --$1,300,000 for a grant for the Suffolk University 
Center for Juvenile Justice, dedicated to representing children 
in criminal cases in juvenile court and children and parents in 
civil matters as well as gang related and abuse cases;
      --$2,000,000 for a grant for L.A. Best youth programs;
      --$2,000,000 for a grant for Intensive Services Program 
for Juveniles and Families;
      --$1,250,000 for a grant for the Teens, Crime and the 
Community program;
      --$750,000 for a grant for the Delancy Street Foundation;
      --$650,000 for a grant to develop local juvenile justice 
programs in rural Alaska;
      --$383,000 for a grant for the National Association of 
State Fire Marshals for implementing national juvenile fire 
setter intervention mobilization plan, as in the Senate report;
      --$250,000 for a grant for the Juvenile Offender 
Transition Program, a public/private partnership to reduce the 
rate of recidivism among juvenile offenders by partnering 
certain offenders with a local college or university student in 
a mentoring-protege program;
      --$250,000 for a grant for the Syracuse-Onodaga County 
Drug and Alcohol Abuse Commission;
      --more than the current year level for a grant for the 
National Law-Related Education program, if warranted;
      --more than the current year level of funding for a grant 
for the Hamilton Fish National Institute for School/Community 
Violence; and
      --more than the current year level of funding for a grant 
to continue and expand the National Council of Juvenile and 
Family Courts which provides continuing legal education in 
family and juvenile law.
      In addition, OJJDP is directed to examine each of the 
following proposals, provide grants if warranted, and report to 
the Committees on Appropriations of both the House and Senate 
on its intentions for each proposal: a grant to the Low Country 
Children's Center; a grant to Project O.A.S.I.S; a grant to the 
Consortium on Children, Families, and Law; an increased grant 
to the Center for Prevention of Juvenile Crime and Delinquency 
at Prairie View University; a grant to the Women of Vision 
program for youthful female offenders; a grant for the Violence 
Institute of New Jersey; a grant for L.A. Bridges youth 
programs; a grant to the Compton Youth Intervention Center for 
after school programs; a grant to the Kids with a Promise 
program; a grant for Operation Quality Time; a grant for the 
Achievable Dream program; a grant for the Secure School pilot 
program; a grant for the Youth Advocates program; a grant for 
the Camden Urban Science Enrichment program; a grant for the 
Juvenile Crime Reduction Strategies pilot program; a grant for 
the School Security Technology Center; a grant for the New 
Mexico Cooperative Service Extension 4-H Youth Development 
program; a grant for the Adolescent Residential Treatment 
Program; a grant for the Coalition for Drug Free Lanai; a grant 
for Youth Courts in Alaska; a grant for the Sioux Falls, SD 
School District for youth programs; a grant for the South 
Dakota Unified Judicial System; a grant for the Nebraska 
Commission for Law Enforcement for youth programs; a grant for 
the Chicago Public Schools Substance Abuse program; a grant for 
the Minnehaha, SD County Sheriff's office for youth programs; a 
grant for the Essex Teen Center and other Vermont Coalition for 
Teen Center's members; a grant for the Comprehensive Juvenile 
Justice Crime Prevention initiative in Gainesville; a grant for 
the Multistate Youth Violence Prevention Network; a grant to 
the State of Hawaii to combat teen prostitution; and a grant 
for Safe Places for Kids.
      The conference agreement urges the Office of Juvenile 
Justice and Delinquency Prevention to work with the Head Start 
Bureau and other Federal agencies to coordinate an effort to 
increase public/private partnerships, such as Free to Grow, 
aimed at strengthening families and communities in their 
efforts to reduce the negative effect of substance abuse and 
use on the development of young children.
      4. $12,000,000 to expand the Youth Gangs (Part D) program 
which provides grants to public and private nonprofit 
organizations to prevent and reduce the participation of at-
risk youth in the activities of gangs that commit crimes. In 
addition, OJJDP is directed to examine each of the following 
proposals, provide grants if warranted, and report to the 
Committees on Appropriations of both the House and Senate on 
its intentions for each proposal: $100,000 for the Metro Denver 
Gang Coalition; a grant to Operation Clean Break; a grant for 
the Fairbanks, AK Gang Task Force; and a grant for the 
Sisseton, SD Gang Task Force.
      5. $10,000,000 for Discretionary Grants for State 
Challenge Activities (Part E) to increase the amount of a 
State's formula grant by up to 10 percent, if that State agrees 
to undertake some or all of the ten challenge activities 
designed to improve various aspects of a State's juvenile 
justice and delinquency prevention program.
      6. $12,000,000 for the Juvenile Mentoring Program (Part 
G) to reduce juvenile delinquency, improve academic 
performance, and reduce the drop-out rate among at-risk youth 
through the use of mentors by bringing together young people in 
high crime areas with law enforcement officers and other 
responsible adults who are willing to serve as long-term 
mentors. Within the amount provided OJJDP is directed to 
provide a grant in an amount greater than the current year 
level for the Big Brothers Big Sisters of America program.
      7. $95,000,000 for Incentive Grants for Local Delinquency 
Prevention Programs (Title V), to units of general local 
government for delinquency prevention programs and other 
activities for at-risk youth. The Title V program provides 
funding on a formula basis to States, to be distributed by the 
State for use by local units of government and locally-based 
public and private agencies and organizations. Administration 
of these funds on a formula basis ensures fairness in the 
distribution process.
      Safe School Initiative[SSI].--The conference agreement 
includes $15,000,000 within the Title V grants for the Safe 
School initiative as proposed in the Senate report.
      Tribal Youth Program.--The conference agreement includes 
$10,000,000 within the Title V grants for programs to reduce, 
control and prevent crime, as proposed in the Senate report.
      Enforcing the Underage Drinking Laws Program.--The 
conference agreement includes $25,000,000 within the Title V 
grants for programs to assist States in enforcing underage 
drinking laws, as proposed in the Senate report, which may 
include, if warranted, breath alcohol testing mobiles for the 
Vermont Department of Public Service. Projects funded may 
include: Statewide task forces of State and local law 
enforcement and prosecutorial agencies to target establishments 
suspected of a pattern of violations of State laws governing 
the sale and consumption of alcohol by minors; public 
advertising programs to educate establishments about statutory 
prohibitions and sanctions; and innovative programs to prevent 
and combat underage drinking.
      Drug Prevention Program.--While crime is on the decline 
in certain parts of America, a dangerous precursor to crime, 
namely teenage drug use, is on the rise and may soon reach a 
20-year high. The conference agreement includes $10,000,000, as 
proposed in the House bill, to develop, demonstrate and test 
programs to increase the perception among children and youth 
that drug use is risky, harmful, and unattractive.
      Victims of Child Abuse Act.--The conference agreement 
includes $7,000,000 for the various programs authorized under 
the Victims of Child Abuse Act (VOCA), as proposed in the House 
bill. The following programs are included in the agreement:
      --$1,000,000 to establish Regional Children's Advocacy 
Centers, as authorized by section 213 of VOCA;
      --$4,000,000 to establish local Children's Advocacy 
Centers, as authorized by section 214 of VOCA;
      --$1,500,000 for a continuation grant to the National 
Center for Prosecution of Child Abuse for specialized technical 
assistance and training programs to improve the prosecution of 
child abuse cases, as authorized by section 214a of VOCA; and
      --$500,000 for a continuation grant to the National 
Network of Child Advocacy Centers for technical assistance and 
training, as authorized by section 214a of VOCA.

                    PUBLIC SAFETY OFFICERS BENEFITS

      The conference agreement includes $31,809,000, as 
proposed by the Senate, instead of $32,309,000, as proposed by 
the House, in direct appropriations and assumes $4,250,000 in 
carryover which will fully fund anticipated payments.
      In addition, the conference agreement assumes $3,200,000 
in carryover balances for lump-sum payments to public safety 
officers who are permanently disabled in the line of duty, and 
$1,050,000 in carryover balances to pay for higher education to 
dependants of Federal, State and local public safety officers 
who are killed or permanently disabled in the line of duty.

               General Provisions--Department of Justice

      The conference agreement includes the following general 
provisions for the Department of Justice:
      Section 101.--The conference agreement includes section 
101 as proposed by both the House and Senate bills, which makes 
up to $45,000 of the funds appropriated to the Department of 
Justice available for reception and representation expenses.
      Sec. 102.--The conference agreement includes section 102 
as proposed in the House bill, which continues certain 
authorities for the Justice Department in fiscal year 1999 that 
were contained in the Department of Justice Authorization Act, 
fiscal year 1980.
      Sec. 103.--The conference agreement includes section 103 
as proposed by both the House and Senate bills, which prohibits 
the use of funds to perform abortions in the Federal Prison 
System.
      Sec. 104.--The conference agreement includes section 104 
as proposed by both the House and Senate bills, which prohibits 
use of the funds to require any person to perform, or 
facilitate the performance of, an abortion.
      Sec. 105.--The conference agreement includes section 105 
as proposed by both the House and Senate bills, which states 
that nothing in the previous section removes the obligation of 
the Director of the Bureau of Prisons to provide escort 
services to female inmates who seek to obtain abortions outside 
a Federal facility.
      Sec. 106.--The conference agreement includes section 106 
as proposed by both the House and Senate bills, which allows 
the Department of Justice to spend up to $10,000,000 for 
rewards for information regarding acts of terrorism against a 
United States person or property at levels not to exceed 
$2,000,000 per reward.
      Sec. 107.--The conference agreement includes section 107 
as proposed by both the House and Senate bills, which allows 
the Department of Justice, subject to reprogramming procedures, 
to transfer up to 5 percent between any appropriation, but 
limits to 10 percent the amount that can be transferred into 
any one appropriation.
      Sec. 108.--The conference agreement includes section 108 
as proposed in the Senate bill, and similar to language in the 
House bill, that allows the Bureau of Prisons to make 
expenditures from the Commissary Fund for an Inmate Telephone 
System and for other purposes.
      Sec. 109.--The conference agreement includes section 109, 
as proposed in the House bill, which replaces injury and death-
related benefits for INS officers with the same humanitarian 
expenses given to Federal Bureau of Investigation and Drug 
Enforcement Administration employees. The Senate bill had no 
similar provision.
      Sec. 110.--The conference agreement includes section 110, 
as proposed in the House and Senate bills, which merges the 
Legalization Account into the Examinations Fee Account.
      Sec. 111.--The conference agreement includes section 111, 
as proposed in the House bill, which requires the Bureau of 
Prisons to report on privately operated prison security issues. 
The Senate bill had no similar provision.
      Sec. 112.--The conference agreement includes section 112 
, as proposed in the Senate bill, to authorize the Assistant 
Attorney General for the Office of Justice Programs (OJP) to 
have final authority over all grants, contracts, and 
cooperative agreements for OJP and its component organizations. 
The House had no similar provision.
      Sec. 113.--The conference agreement includes section 113, 
as proposed by the Senate bill, which clarifies the term 
``tribal'' for the purpose of making grant awards under 
programs funded in this title so that certain Indian tribes in 
Alaska may receive funds. The House bill had no similar 
provision.
      Sec. 114.--The conference agreement includes section 114, 
as proposed by the Senate, which expands the exemption of 
cruise ship passengers from inspection fees to include ships 
which originate from a State but go into international waters 
or ports. The House bill had no similar provision.
      Sec. 115.--The conference agreement includes a new 
provision, modified from the Senate bill, authorizing the 
Attorney General to waive certain Federal acquisition rules and 
regulations in certain instances related to counterterrorism, 
national security, or computer crime investigations and 
prosecutions. The House bill did not address this matter.
      Sec. 116.--The conference agreement includes section 116, 
modified from the provision in the Senate bill, which changes 
the implementation date of Section 110(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act at the land 
and sea ports of entry to March 30, 2001, and adds that the 
system will not significantly disrupt legitimate cross-border 
traffic, instead of repealing the requirement.
      Sec. 117.--The conference agreement includes a new 
provision, amending the Controlled Substances Act, to change 
the legal standard for civil violations of recordkeeping 
requirements for control of licit drugs to a ``negligence'' 
standard, and reduce the maximum civil penalty to $10,000. The 
Senate bill proposed changing the standard to ``knowing'' 
standard, and limiting civil penalties to $500. The House bill 
did not address this matter.
      The conference agreement provides a balanced approach 
with respect to recordkeeping violations with regard to 
legitimate law enforcement needs and the need to provide relief 
from enforcement policies which impose relatively high 
financial penalties for recordkeeping violations. In assessing 
whether to pursue civil penalties and determining the 
appropriate amount of the fine to be assessed associated with 
recordkeeping violations, the Attorney General should take into 
account the following: whether diversion actually occurred or 
if the recordkeeping violations are of such a nature that it 
cannot be determined whether diversion occurred; whether actual 
or potential harm to the public resulted; whether the 
violations were intentional or negligent in nature; whether the 
violations were a first time offense; time intervals between 
inspections where no or any serious violations were found; 
whether the violations were multiple occurrences of the same 
type of violation; whether and to what extent the defendant 
profited from the illegal activity; and the financial capacity 
of the defendant to pay the fine assessed. In addition, the 
Attorney General may take into account whether the violator has 
taken immediate and effective corrective actions. In 
appropriate situations, the Attorney General shall act through 
informal procedures such as warning letters. The civil penalty 
limit of $10,000 per violation is a ceiling and the Attorney 
General has the discretion to request and the courts the 
discretion to waive or impose amounts less than this limit as 
the circumstances warrant.
      Sec. 118.--The conference agreement includes section 118, 
as proposed in the Senate bill, directing the General 
Accounting Office to monitor and report to the Committees on 
Judiciary and Appropriations about the compliance of the 
Department of Justice and all U.S. Attorneys with the 
``Guidance on the Use of the False Claims Act in Civil Health 
Care Matters'' issued by the Department of Justice on June 3, 
1998, including any revisions to that guidance. These reports 
shall be submitted to Congress no later than February 1, 1999, 
and August 2, 1999. The reports shall be prepared in a manner 
that does not impede the ongoing investigations of the 
Department of Justice and its preparation shall be consistent 
with longstanding DOJ and GAO protocols. It is recommended that 
the Department of Justice, the Department of Health and Human 
Services Office of Inspector General, and the Health Care 
Financing Administration communicate and consult with the 
health-care-provider community on accurate billing practices, 
national initiatives, and present and future guidelines.
      Sec. 119.--The conference agreement includes section 119, 
as proposed by the Senate, which amends Title 18 to expand the 
definition of firearms safety devices and to require gun 
dealers to certify that they have made available for sale 
secure gun storage or safety devices. The House bill had no 
similar provision.
      Sec. 120.--The conference agreement includes section 120, 
as proposed by the Senate, which permits the use of Byrne 
Discretionary Grant funding for firearm safety education 
programs for criminal justice personnel and the general public. 
The House bill had no similar provision.
      Sec. 121.--The conference agreement includes section 121, 
as proposed by the Senate, which amends Title 18 to expand the 
restrictions on non-citizens purchasing firearms. The House had 
no similar provision.
      Sec. 122.--The conference agreement includes section 122, 
as proposed by the Senate, which amends a provision in the 
criminal code to expand the Attorney General's administrative 
subpoena authority involving a federal health care offense to 
also include activities involving federal offenses relating to 
the sexual exploitation of children. The House bill had no 
similar provision.
      Sec. 123.--The conference agreement includes section 123, 
as proposed by the Senate, which contains technical corrections 
to a provision which establishes criminal penalties for 
convicted sexual offenders who are required to register in a 
State program and fail to do so. The House bill had no similar 
provision.
      Sec. 124.--The conference agreement includes a provision, 
modified from the Senate bill, to authorize nursing facilities 
and home health care agencies to submit requests for 
fingerprint background checks to the FBI. The House bill 
contained no similar provision.
      Sec. 125.--The conference agreement includes a new 
provision to allow the payment of certain relocation expenses 
for employees of the Departments of Justice and Treasury 
assigned to Puerto Rico and other U.S. Territories. Neither the 
House nor Senate bills addressed this matter.
      Sec. 126.--The conference agreement includes a new 
provision reducing the amounts appropriated under this title by 
$20,038,000, with reductions to specific accounts in accordance 
with the chart on Year 2000 compliance funding dated September 
17, 1998, provided to Congress by the Department of Justice. It 
is expected that such Year 2000 compliance requirements can be 
met by accessing a U.S. government-wide fund for Y2K 
compliance. Neither the House nor Senate bills addressed this 
matter.
      Sec. 127.--The conference agreement includes section 127, 
as proposed by the Senate, which prohibits the disclosure of 
financial records and identifying information of any 
corrections officer in an action brought by a prisoner. The 
House had no similar provision.
      Sec. 128.--The conference agreement includes section 128, 
as proposed by the Senate, which exempts from a numerical 
limitation the adjustment of status to that of permanent 
residence pursuant to immigration laws for certain Iraqi 
nationals moved to Guam by the U.S. government. The agreement 
does not include the waiver of the filing fee. The House bill 
had no similar provision.
      Sec. 129.--The conference agreement includes section 129 
to amend the Omnibus Crime Control and Safe Streets Act of 1968 
and the Juvenile Justice and Delinquency Prevention Act of 1974 
to provide for a uniform definition of the term ``unit of local 
government''.
      Sec. 130.--The conference agreement includes section 130, 
that appropriates such sums as may be necessary to the Federal 
Savings and Loan Insurance Corporation Resolution Fund (FRF) 
for payments of judgments against the United States and 
compromise settlements of claims in suits against the United 
States arising from the Financial Institutions Reform, Recovery 
and Enforcement Act (FIRREA) and its implementation. In 
addition, this section acknowledges the existing authority for 
the Federal Deposit Insurance Corporation to transfer funds 
from the FRF to the Department of Justice to support litigation 
expenses associated with FIRREA cases, and that funds provided 
in this Act may not be used for such litigation expenses.

    TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES TRADE AND 
              INFRASTRUCTURE DEVELOPMENT RELATED AGENCIES

            Office of the United States Trade Representative

                         SALARIES AND EXPENSES

      The conference agreement includes $24,200,000 for the 
salaries and expenses of the Office of the United States Trade 
Representative, instead of $24,000,000 as proposed in the House 
bill, and $24,836,000 as proposed in the Senate bill, an 
increase of $750,000 above the fiscal year 1998 level.
      The conference agreement provides the full request for 
inflationary adjustments and annualization costs for 14 
additional personnel provided for in fiscal year 1998. The 
conference agreement does not provide $140,000 requested for 
two additional personnel in fiscal year 1999. In addition, 
$504,000 is not appropriated for Year 2000 compliance 
activities, and instead it is expected that such requirements 
can be met by accessing a U.S. Government-wide fund for Year 
2000 compliance.
      The conference agreement also includes bill language 
similar to a provision included in the Senate bill, allowing up 
to $1,000,000 to remain available until expended. The House 
bill did not provide such authority.

                     International Trade Commission

                         SALARIES AND EXPENSES

      The conference agreement includes $44,495,000 for the 
salaries and expenses of the International Trade Commission 
(ITC) for fiscal year 1999, instead of $44,200,000 as proposed 
in the House bill and $45,500,000 as proposed in the Senate 
bill. The amount provided includes full funding to maintain 
operations and staffing at the current level of 396 full-time 
equivalents (FTE), and includes funds for an additional 24 FTE 
for activities related to sunset reviews required under the 
Uruguay Round Agreements Act, including litigation and 
rulemaking support.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     OPERATIONS AND ADMINISTRATION

      The conference agreement includes $286,264,000 in new 
budgetary resources for the operations and administration of 
the International Trade Administration for fiscal year 1999, of 
which $1,600,000 is derived from fee collections, instead of 
$283,123,000 as proposed by the House bill, and $309,314,000 as 
recommended in the Senate bill. In addition to this amount, the 
conference agreement assumes $6,000,000 in prior year carryover 
and $10,493,000 from excess revenues available from prior years 
for trade activities, resulting in a total fiscal year 1999 
availability of $302,757,000.
      The following table reflects the distribution of funds by 
activity included in the conference agreement:

Trade Development.......................................     $59,280,000
Market Access and Compliance............................      17,779,000
Import Administration...................................      31,047,000
U.S. & F.C.S............................................     182,736,000
Executive Direction and Administration..................      11,915,000
Fee Collections.........................................     (1,600,000)
Carryover/Trade Show Revenue............................    (16,493,000)
                    --------------------------------------------------------
                    ____________________________________________________
      Total, ITA........................................     284,664,000

      ITA is directed to follow the direction included in the 
House report regarding submission of a spending plan, as well 
as guidance regarding changes in the funding distribution 
provided for this under this account.
      Trade Development (TD).--The conference agreement 
provides $59,280,000 for this activity. Of the amounts 
provided, $47,325,000 is for the TD base program, the full 
amount requested, and $1,200,000 is for a new trade statistics 
improvement initiative as described in the House report. In 
addition, within the amounts provided, $7,500,000 is for the 
National Textile Consortium, and $2,500,000 is provided for the 
Textile/Clothing Technology Corporation. Further, the 
conference agreement includes continued funding for the Access 
Mexico program at the level recommended in the Senate report, 
and provides $500,000 for continuation of the international 
global competitiveness initiative recommended in the House 
report.
      Market Access and Compliance (MAC).--The conference 
agreement includes a total of $17,779,000 for this activity, 
the full amount requested for the base program. The conferees 
have not provided additional funds for specialized activities 
previously supported by the Agency for International 
Development (AID). Should ITA wish to integrate these 
specialized activities into its regular programs, a 
reprogramming should be submitted in accordance with section 
605 of this Act.
      Import Administration.--The conference agreement provides 
$31,047,000 for the Import Administration. ITA is directed to 
submit a report to the Committees on Appropriations on related 
party importers no later than February 1, 1999 in accordance 
with the direction included in both the House and Senate 
reports.
      U.S. and Foreign Commercial Service (U.S. & FCS).--The 
conference agreement includes $182,736,000 for the programs of 
the U.S. & FCS, an increase of $11,666,000 over the fiscal year 
1998 funding level. Within the increase provided, $7,666,000 is 
for requested adjustments to base, and $3,000,000 is for 
increased staffing at domestic and overseas field offices. The 
amounts provided are to be used to support no less than 1,256 
full-time equivalents (FTE) for the U.S. & FCS in fiscal year 
1999, an increase of 7 FTE above the request, and ITA is 
directed to submit a plan for the allocation of these resources 
no later than December 15, 1998, in accordance with the 
direction included in the House report. In addition, within the 
amounts provided, $1,000,000 is for continuation of the Rural 
Export Initiative at its current level.
      Executive Direction and Administration.--The conference 
agreement includes $11,915,000 for the administrative and 
policy functions of the ITA. Further, ITA is expected to follow 
the direction included in the House report regarding support 
for Departmental trade activities.
      ITA should also follow the direction included in the 
House report regarding trade missions, and the direction in the 
Senate report regarding the establishment of a foreign currency 
exchange rate account.

                         Export Administration

                     OPERATIONS AND ADMINISTRATION

      The conference agreement includes $52,331,000 for the 
Bureau of Export Administration (BXA), instead of $47,777,000 
as proposed in the House bill, and $45,496,000 as proposed in 
the Senate bill. The conference agreement assumes $2,000,000 
will be available from prior year carryover, resulting in total 
availability of$48,331,000. Of this amount, $23,646,000 is for 
Export Administration; $21,505,000 is for Export Enforcement; and 
$3,180,000 is for Management and Policy Coordination.
      The conferees note that over the last two years, BXA has 
received $1,800,000 in increased funding for additional 
responsibilities resulting from the transfer of certain export 
control functions from the Department of State. The conferees 
understand that the National Defense Authorization Act of 1999 
transfers these responsibilities back to the Department of 
State, thus eliminating these additional duties. Therefore, 
while the conference agreement does not include $1,729,000 for 
requested program increases for Export Enforcement, BXA is 
expected to submit a reprogramming in accordance with section 
605 of this Act reallocating resources to the highest priority 
enforcement activities within BXA.
      In addition, the conference agreement provides $2,650,000 
for Chemical Weapons Convention implementation activities, 
instead of $3,503,000 as requested, due to continued delays in 
the enactment of implementation legislation.
      The conference agreement also includes bill language, as 
proposed in the House bill, requiring congressional 
notification prior to the processing of licenses for the export 
of satellites systems to the People's Republic of China. The 
conferees expect such notifications to be made jointly with the 
Department of State.
      Presidential Decision Directive 63 (PDD-63) recommended 
that BXA assume responsibility for the Critical Infrastructure 
Assurance Office (CIAO) in fiscal year 1999. The CIAO provides 
the policy and coordination support for the President's 
Critical Infrastructure Protection Initiative. While the budget 
requested that the CIAO be funded through the Department of 
Justice Counterterrorism Fund, the conference agreement does 
not allow for the expansion of this Fund to pay for the 
operational costs of other Federal agencies participating in 
this government-wide initiative. Instead, the conference 
agreement includes $6,000,000 for the CIAO within the 
Department of Commerce. However, protection of our nation's 
critical infrastructure should be a priority for all Federal 
agencies, and as such, should be reflected within each agency's 
budget. Therefore, while the conference agreement includes 
additional funds to pay the costs for all agencies' 
participation in the CIAO, future budget requests shall be 
consistent with the recommendations of PDD-63 which requires 
each agency to provide support to the CIAO on a non-
reimbursable basis.

                  Economic Development Administration

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

      The conference agreement includes $368,379,000 for the 
Economic Development Administration grant programs as proposed 
in the House bill, instead of $279,934,000 as proposed in the 
Senate bill. EDA is expected to allocate this funding in 
accordance with the distribution and direction included in the 
House report.

                         SALARIES AND EXPENSES

      The conference agreement includes $24,000,000 for 
salaries and expenses for the EDA, instead of $25,000,000 as 
proposed in the House bill, and $21,761,000 included in the 
Senate bill. In addition, the conference agreement assumes EDA 
will have up to $3,500,000 in prior year carryover available 
under this account, resulting in a total availability of 
$27,500,000. The conference agreement does not include funds to 
allow EDA to hire Brownfields technicians and trade 
specialists. Instead, the funds provided are to be used to 
support the traditional EDA programs, with priority given to 
ensuring a fully staffed field component.

                  Minority Business Development Agency

                     MINORITY BUSINESS DEVELOPMENT

      The conference agreement includes $27,000,000 for the 
programs of the Minority Business Development Agency (MBDA), 
instead of $25,276,000 included in the House bill and 
$25,196,000 included in the Senate bill. The conference 
agreement assumes that MBDA will continue its support for the 
Entrepreneurial Technology Apprenticeship Program at the 
current level, as directed in the House report.

                ECONOMIC AND INFORMATION INFRASTRUCTURE

                   Economic and Statistical Analysis

                         SALARIES AND EXPENSES

      The conferees have provided $48,490,000 for salaries and 
expenses of the activities funded under the Economic and 
Statistical Analysis account, instead of $48,000,000 as 
proposed in the House bill and $48,981,000 included in the 
Senate bill. The conference agreement adopts the directive 
included in the House report regarding the Integrated 
Environmental-Economic Accounting or ``Green GDP'' initiative.

         ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND

      The conference agreement does not include language, 
contained in the Senate bill, providing authority for the 
operation and financing of this Fund, as such authority has 
been made permanent.

                          Bureau of the Census

                         SALARIES AND EXPENSES

      The conference agreement includes $136,147,000 for the 
Bureau of the Census Salaries and Expenses account, instead of 
$140,147,000 as proposed in the House bill, and $141,259,000 as 
proposed in the Senate bill. The conference agreement does not 
include $10,000,000 for base requirements related to Year 2000 
compliance, and instead assumes this requirement will be met by 
accessing funds that are expected to be provided separately 
through a U.S. Government-wide Year 2000 compliance fund. 
Therefore, within the amounts provided, $4,346,000 is 
appropriated for continued implementation of the North American 
Industry Classification System, as proposed in the House bill. 
Due to overall funding constraints, the conference agreement 
does not provide additional program increases for an initiative 
recommended in the House bill to improve data collection for 
Gross Domestic Product estimates. However, the conferees are 
supportive of this initiative and look forward to working with 
the Bureau in the future to address this matter.
      The Bureau is expected to follow the direction included 
in both the House and Senate reports regarding full 
reimbursement for any non-core survey requested by any other 
Federal agency or private organization, as well as the guidance 
included in the House report regarding the Single Audit 
Clearinghouse database.

                     PERIODIC CENSUSES AND PROGRAMS

      The conference agreement provides $1,186,902,000 for the 
Census Bureau's Periodic Censuses and Programs account, instead 
of $1,111,887,000 as proposed in the House bill, $998,626,000 
as recommended in the Senate bill, and $1,027,784,000 as 
requested in the budget.
      Decennial Census.--The recommendation includes 
$1,026,936,000 as a separate appropriation under this account 
for fiscal year 1999 for decennial census programs, instead of 
$951,936,000 as recommended in House bill, $845,246,000 as 
provided in the Senate bill, and $848,503,000 as requested in 
the budget. The conference agreement does not include 
$10,900,000 for base requirements related to Year 2000 
compliance, and instead assumes this requirement will be met by 
accessing funds that are expected to be provided separately 
through a U.S. Government-wide Year 2000 compliance fund. 
Therefore, the conference agreement provides a total of 
$189,333,000 above the request to ensure that the Census Bureau 
is fully prepared to implement the 2000 decennial census. The 
conference agreement provides funds in accordance with the 
distribution in the House report, with the following additions 
above the House allowance: (1) an additional $23,000,000 for 
the costs associated with staffing all Census offices in fiscal 
year 1999; (2) an additional $17,000,000 for the costs 
associated with promotion, marketing, and outreach activities; 
and (3) an additional $35,000,000 for the costs associated with 
modifying the census questionnaire and related data capture 
systems to accommodate a six person questionnaire.
      The conference agreement also appropriates $4,000,000 for 
the bipartisan Census Monitoring Board in accordance with 
section 210 of Public Law 105-119, as included in the House 
bill. The Senate bill did not recommend funding for the Board.
      Other Periodic Programs.--The conference agreement 
includes $155,966,000 for non-decennial census periodic 
programs, instead of $155,951,000 as proposed in the House 
bill, and $153,955,000 as proposed in the Senate bill, as 
follows:

Economic Censuses.......................................     $50,546,000
Census of governments...................................       3,735,000
Intercensal Demographic estimates.......................       5,260,000
Continuous measurement..................................      20,000,000
Sample redesign.........................................       4,478,000
Electronic Information Collection.......................       7,457,000
Geographic support......................................      41,742,000
Data processing systems.................................      22,748,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     155,966,000

      Economic Statistic Programs.--The conference agreement 
provides $54,281,000 for Economic Censuses and the Census of 
Governments. Should additional funds be required for these 
activities, a reprogramming should be submitted in accordance 
with section 605 of this Act.
      Continuous Measurement.--The Bureau is expected to 
address the concerns expressed in both the House and Senate 
reports regarding this program, and is directed to comply with 
the direction included in both reports on this matter.

       National Telecommunications and Information Administration

                         SALARIES AND EXPENSES

      The conference agreement includes $10,940,000 for the 
National Telecommunications and Information Administration 
(NTIA) salaries and expenses as proposed in the House bill, 
instead of $10,898,000 as proposed in the Senate bill. In 
addition, the conference agreement assumes that NTIA will 
receive an additional $19,271,000 through reimbursements from 
other agencies for the costs of providing spectrum management, 
analysis and research services to those agencies.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

      The conference agreement includes $21,000,000 for the 
Public Telecommunications Facilities, Planning and Construction 
(PTFP) program as proposed in the House bill, instead of 
$20,889,000 as proposed in the Senate bill. NTIA is expected to 
use this funding for the existing equipment and facilities 
replacement program, and to maintain an acceptable balance 
between traditional grants and those to stations converting to 
digital broadcasting.
      The conference agreement allows up to $1,800,000 of this 
amount to be used for program administration, as provided in 
the House bill, instead of $1,500,000 recommended in the Senate 
bill. The conference agreement contains language, similar to a 
provision carried in fiscal year 1998, making the Pan-Pacific 
Education and Communications Experiments by Satellite 
(PEACESAT) program eligible to compete for funding under this 
account. Neither the House nor Senate bills included this 
provision.

                   INFORMATION INFRASTRUCTURE GRANTS

      The conference agreement includes $18,000,000 for NTIA's 
Information Infrastructure Grant program, instead of 
$16,000,000 as recommended in the House bill, and $19,989,000 
as recommended in the Senate bill.
      The Senate bill increased funds for this account through 
an across-the-board reduction in other accounts in this title 
which has not been adopted in the conference agreement. It is 
anticipated that implementation of the universal service funds 
requirements of the Telecommunications Act of 1996 will reduce 
the funding requirements under this account. The conference 
agreement also contains bill language, as proposed in Section 
215 of the Senate bill, to prohibit funds under this account 
from being used to support activities for which funding is 
provided through other programs. The House bill did not address 
this matter.
      Bill language is also included, as proposed in the House 
bill, as follows: (1) allowing funds to be used for certain 
purposes; (2) designating $3,000,000 for program 
administration; and (3) allowing not to exceed five percent of 
the total amount provided to be used for certain 
telecommunications research activities. The Senate bill did not 
address these matters.

                      Patent and Trademark Office

                         SALARIES AND EXPENSES

      The conference agreement provides a total funding level 
of $785,526,000 for the Patent and Trademark Office (PTO) in 
fiscal year 1999, as proposed in the House bill, instead of 
$782,523,000 as recommended in the Senate bill. Of this amount, 
$745,026,000 is to be derived from fiscal year 1999 offsetting 
fee collections, and $40,500,000 is to be derived from 
carryover of prior year fee collections. This amount represents 
an increase of $80,623,000, or 11%, above the fiscal year 1998 
operating level of the PTO. Bill language is included, similar 
to that contained in the House bill, providing for the 
collection and expenditure of fees pursuant to current 
statutory authority. In addition, new language is included to 
extend the current patent fee schedule in fiscal year 1999, 
until such time as legislation is enacted to establish a new 
fee schedule. This language is required because of the delay in 
enactment of necessaryauthorization legislation to reestablish 
a fee structure to provide for PTO's operational needs.
      The conference agreement does not include language, as 
proposed in the Senate bill, concerning build-out and 
relocation costs associated with the consolidation of PTO's 
headquarters. The House bill contained no similar provisions. 
In fiscal year 1999, the PTO is expected to enter into a lease 
agreement to consolidate their offices. This relocation is to 
be completed in 2001. Concerns have been raised about the 
potential cost of finishing and furnishing this new facility. 
However, the request for funds for these purposes is not 
anticipated to begin until fiscal year 2001. Therefore, the 
conference agreement does not address this issue, and instead 
consideration of such limitations has been deferred until such 
time as the funds are requested by the agency and such needs 
can be analyzed.
      The PTO is expected to follow the direction included in 
the House report concerning its partnership with the National 
Inventor's Hall of Fame and Inventure Place, as well as the 
direction included in the Senate report regarding the 
establishment of an intellectual property database.

                         SCIENCE AND TECHNOLOGY

                       Technology Administration

       UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

                         SALARIES AND EXPENSES

      The conference agreement includes $9,495,000 for the 
Technology Administration (TA), instead of $9,000,000 as 
proposed in the House bill, and $9,955,000 as proposed in the 
Senate bill. Of this amount, $2,300,000 is for the Experimental 
Program to Stimulate Competitive Technology (EPSCoT), and bill 
language is included making a portion of these funds available 
for two years. As recommended in the Senate report, TA is 
expected to allow New Hampshire to compete for funding under 
the EPSCoT program. In addition, TA is expected to continue its 
efforts to implement its plan for the program. In addition, TA 
is directed to follow the direction included in the House 
regarding support for foreign policy initiatives.

             National Institute of Standards and Technology

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

      The conference agreement includes $280,136,000 for the 
internal (core) research account of the National Institute of 
Standards and Technology, instead of $280,470,000 as proposed 
in the House bill, and $290,482,000 as proposed in the Senate 
bill.
      The conference agreement provides funds for the core 
research programs of NIST as follows:

Electronics and Electrical Engineering..................     $38,427,000
Manufacturing Engineering...............................      19,368,000
Chemical Science and Technology.........................      32,493,000
Physics.................................................      28,434,000
Material Sciences and Engineering.......................      51,335,000
Building and Fire Research..............................      14,898,000
Computer Science and Applied Mathematics................      43,943,000
Technology Assistance...................................      17,131,000
Baldrige Quality Awards.................................       4,870,000
Research Support........................................      29,237,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, STRS.......................................     280,136,000

      The conference agreement includes full funding for all 
base activities for the internal research programs of NIST, and 
includes selected program increases for the highest priority 
programs, as follows: (1) $1,800,000 for semiconductor 
metrology; (2) $1,200,000 to continue the disaster research 
program on effects of windstorms on protective structures and 
other technologies begun in fiscal year 1998; (3) $2,500,000 
for increased support for international standards activities; 
and (4) $1,800,000 to expand the Malcolm Baldrige Quality 
Awards program to health care and education. NIST is directed 
to follow the guidance included in the House report regarding 
the placement of NIST personnel overseas.
      The conference agreement includes bill language allowing 
up to $1,625,000 of amounts available under this account to be 
transferred to the NIST Working Capital Fund, as proposed in 
the Senate bill, instead of $1,800,000 as recommended in the 
House bill.

                     INDUSTRIAL TECHNOLOGY SERVICES

      The conference agreement includes $310,300,000 for the 
NIST external research account instead of $287,000,000 as 
proposed in the House bill and $299,142,000 as proposed in the 
Senate bill.
      Manufacturing Extension Partnership Program.--The 
conference agreement includes $106,800,000 for the 
Manufacturing Extension Partnership Program (MEP) as proposed 
in both the House and Senate bills, the full amount requested, 
to be distributed in accordance with the direction included in 
the House report. NIST is directed to comply with the direction 
included in the Senate report regarding an independent 
evaluation of the MEP program.
      As recommended in the House bill, language is included 
waiving the statutory six-year limitation on Federal funding 
for each MEP Regional Center, subject to certain conditions, as 
requested in the budget. The Senate bill contained a similar 
waiver provision. Language is not included allowing up to 
$300,000 of the funds provided to the MEP program to be 
transferred to the NIST Working Capital Fund, as proposed in 
the Senate bill.
      Advanced Technology Program.--The conference agreement 
includes $203,500,000 for the Advanced Technology Program 
(ATP), as recommended in the Senate bill, instead of 
$180,200,000 as proposed in the House bill. The recommendation 
provides the following: (1) $120,200,000 for continued funding 
requirements for awards made in fiscal years 1996, 1997, and 
1998 to be derived from $96,400,000 in fiscal year 1999 funding 
and $23,800,000 from excess balances available from prior 
years; (2) $66,000,000 for new awards in fiscal year 1999; and 
(3) $41,100,000 for administration, internal NIST lab support 
and Small Business Innovation Research requirements. NIST is 
expected to comply with the direction included in the House 
report regarding reprogramming requirements and review of the 
current mortgage estimation formula, as well as the direction 
included in the Senate report regarding an outside assessment 
of this program. In addition, language is included in the bill 
designating the amounts available for new ATP awards, similar 
to language included in both the House and Senate bills.

                  CONSTRUCTION OF RESEARCH FACILITIES

      The conference agreement provides $56,714,000 for 
construction, renovation and maintenance of NIST facilities, as 
proposed in the House bill, instead of $56,684,000 included in 
the Senate bill. NIST is expected to follow the direction 
included in both the House and Senate reports regarding 
construction of the Advanced Metrology Laboratory. In addition, 
bill language is included making $40,000,000 of the funds 
provided in thisaccount available upon submission of a spending 
plan in accordance with Section 605 of this Act.

            National Oceanic and Atmospheric Administration

      The conference agreement provides a total funding of 
$2,166,001,000 for all programs of the National Oceanic and 
Atmospheric Administration (NOAA), instead of $2,009,861,000 as 
proposed by the House, and $2,201,167,000 as proposed by the 
Senate. Of these amounts, the conferees have included 
$1,579,844,000 in the Operations, Research, and Facilities 
(ORF) account, $584,677,000 in the Procurement, Acquisition and 
Construction (PAC) account, and $1,480,000 in other NOAA 
accounts.

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFERS OF FUNDS)

      The conference agreement includes $1,579,844,000 for the 
Operations, Research, and Facilities account of the National 
Oceanic and Atmospheric Administration instead of 
$1,470,042,000 as proposed by the House and $1,612,027,000 as 
proposed in the Senate bill.
      In addition to the new budget authority provided, the 
conference agreement allows a transfer of $63,381,000 from 
balances in the account titled ``Promote and Develop Fishery 
Products and Research Related to American Fisheries,'' as 
proposed in the House bill, instead of $63,073,000 as proposed 
by the Senate. This amount will support an estimated $4,177,000 
Saltonstall-Kennedy grant program. The total amount provided 
also includes a transfer of $4,714,000 from the Damage 
Assessment Revolving Fund, as included in the budget request. 
In addition, the conference agreement reflects prior year 
deobligations totaling $33,000,000.
      The conference agreement does not include language 
proposed in the House bill designating the amounts provided 
under this account for the six NOAA line offices. The Senate 
bill contained no similar provision. Language is not included 
as proposed by the House designating amounts available for 
certain administrative support functions and common services, 
as well as language regarding the use of deobligations. The 
Senate bill did not address this matter. Instead, NOAA is 
expected to work with the Committees on Appropriations to 
address these matters in the context of complying with the 
direction included in the House report regarding the 
development of a revised budget structure for NOAA. Further, 
NOAA is expected to comply with the direction included in the 
House report to rectify financial and budgetary management 
deficiencies.
      The conference agreement includes modified language 
limiting administrative charges levied against certain 
activities assigned in the conference report to only the direct 
costs associated with administering these activities. It has 
become apparent that certain administrative charges and 
assessments have been applied against activities assigned in 
previous House, Senate and conference reports, and this 
language is included to eliminate the practice of applying non-
specific charges against these assigned activities. While there 
are legitimate administrative expenses such as accounting, 
audit and travel costs associated with administering such 
activities, NOAA is directed to diligently monitor these 
expenses. Further, such expenses are limited to no more than 
five percent. In addition, NOAA is directed to report to the 
Committees on Appropriations no later than December 15, 1998, 
the list of these assigned activities and the anticipated 
direct charges to be applied. This language and direction is 
intended to ensure that congressional intent is carried out 
while recognizing the legitimate expenses of the agency in 
carrying out these assigned activities. This language is not 
intended to affect assessments charged to NOAA line 
organizations for centrally administered common services and 
administrative support discussed in the previous paragraph.
      The conference agreement does not include $22,281,000 in 
controversial new fisheries and navigation safety fees, as 
proposed in the budget request. While fees are appropriate to 
support certain activities within NOAA, such proposals will 
only be accepted if they are carefully developed with input 
from all interested and affected parties, and in consultation 
with the Congress.
      NOAA Commissioned Corps.--The conference agreement 
includes language setting the ceiling on the number of 
commissioned corps officers in fiscal year 1999 at not more 
than 250 by September 30, 1998, instead of a ceiling of 240 
officers as included in the House bill. The Senate bill did not 
include a similar provision. On June 17, 1998, the 
Administration took action to resolve the uncertainty regarding 
the future of the NOAA Corps by announcing its decision to 
continue the NOAA Corps. As part of this decision, NOAA 
proposed a series of management changes to realign the NOAA 
Corps staffing structure to emphasize ship and aircraft 
services and support; and to conduct periodic reviews of Corps 
staffing needs as ships and aircraft are decommissioned and 
mission requirements change. NOAA is encouraged to implement 
its proposal, as well as to begin recruiting new Corps officers 
to resolve current imbalances in the complement of NOAA Corps 
officers, and to report back to the Committees on 
Appropriations by December 15, 1998 on the status of these 
efforts.
      Except for the additional funding described under the 
heading ``Other'' at the end of this account, the following 
table reflects the distribution of the funds provided in this 
conference agreement:

     NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, OPERATIONS, RESEARCH AND FACILITIES, FISCAL YEAR 1999
----------------------------------------------------------------------------------------------------------------
                                                                          Fiscal year--
                                                ----------------------------------------------------------------
                                                     1998         1999                                   1999
                                                   enacted      request     1999 House  1999 Senate   conference
----------------------------------------------------------------------------------------------------------------
             NATIONAL OCEAN SERVICE
Navigation Services:
    Mapping and Charting.......................      30,100       30,100       31,000       32,000       34,260
    Address Survey Backlog.....................      13,900        8,500       16,000        8,500       14,000
                                                ----------------------------------------------------------------
      Subtotal.................................      44,000       38,600       47,000       40,500       48,260
    Geodesy....................................      20,700       19,159       19,159       20,659       19,659
    Tide and Current Data......................      11,350       11,000       12,000       11,000       12,000
    Acquisition of Data........................      14,546       14,546       14,546       14,546       14,546
                                                ----------------------------------------------------------------
      Total, Navigation Services...............      90,596       83,305       92,705       86,705       94,465
                                                ================================================================
Ocean Resources Conservation Assessment:
    Estuarine and Coastal Assessment...........       2,674        2,674        2,674        2,674   ...........
    Ocean Assessment Program...................      35,300       35,311       33,861       42,201       40,611
    GLERL......................................  ...........       6,025   ...........       6,825   ...........
    Beaufort/Oxford Lab........................  ...........  ...........  ...........       2,236   ...........
    Damage Assessment..........................       3,000        4,500        4,000   ...........  ...........
    Transfer from Damage Assessment Fund.......       6,700        5,683        5,683        5,683        5,683
    Oil Pollution Act of 1990..................       1,000        1,000        1,000   ...........  ...........
    Ocean Services.............................       2,500   ...........  ...........  ...........  ...........
    Response and Restoration...................  ...........  ...........  ...........       9,174        8,774
    Oceanic and Coastal Research...............       7,910        7,410        7,410        7,410        7,410
                                                ----------------------------------------------------------------
      Subtotal--Estuarine & Coastal Assessment.      59,084       62,603       54,628       76,203       62,478
                                                ================================================================
Coastal Ocean Program..........................      17,200       17,800       19,000       17,800       18,400
    (South Florida Ecosystems).................       1,300        1,300        1,300        1,300        1,300
                                                ----------------------------------------------------------------
      Total, Ocean Resources Conservation &
       Assessment..............................      76,284       80,403       73,628       94,003       80,878
                                                ================================================================
Ocean and Coastal Management:
    Coastal Management:
        CZM Grants.............................      49,700       49,700       52,700       49,700       52,700
        CZM 309 Grants.........................  ...........       6,000   ...........       6,000   ...........
        Estuarine Research Reserve System......       5,650        4,300        5,300       10,500        4,300
        Nonpoint Pollution Control.............       1,000        6,000        2,000        2,113        2,000
        Program Administration.................       4,500        4,500        4,500        4,500        4,500
                                                ----------------------------------------------------------------
          Subtotal, Coastal Management.........      60,850       70,500       64,500       72,813       63,500
        Marine Sanctuary Program...............      14,000       13,200       15,000       14,250       14,350
                                                ----------------------------------------------------------------
          Total, Ocean Resources Conservation &
           Assessment..........................      74,850       83,700       79,500       87,063       77,850
                                                ================================================================
          Total, NOS...........................     241,730      247,408      245,833      267,771      253,193
                                                ================================================================
       NATIONAL MARINE FISHERIES SERVICE
Information Collection and Analysis:
    Resource Information.......................      99,300       92,714       94,741      106,419      106,675
    Antarctic Research.........................       1,200        1,200        1,200        1,200        1,200
    Chesapeake Bay Studies.....................       1,890        1,500        1,890        1,890        1,890
    Right Whale Research.......................         400          200          250          200          350
    MARFIN.....................................       3,500        3,000        3,000        3,000        3,000
    SEAMAP.....................................       1,200        1,200        1,200        1,200        1,200
    Alaskan Groundfish Surveys.................         950          661          661          961          900
    Bering Sea Pollock Research................         945          945          945          945          945
    West Coast Groundfish......................         780          780          780          900          800
    New England Stock Depletion................       1,000        1,000        1,000        1,000        1,000
    Hawaii Stock Management Plan...............         500   ...........  ...........         500          500
    Yukon River Chinook Salmon.................         700          700          700        1,075          700
    Atlantic Salmon Research...................         710          710          710          710          710
    Gulf of Maine Groundfish Survey............         567          567          567          567          567
    Dolphin/Yellowfin Tuna Research............         250          250          250          250          250
    Habitat Research/Evaluation (Beaufort Lab).         450   ...........  ...........  ...........  ...........
    Pacific Salmon Treaty Program..............       5,587        5,587        5,587        7,471        7,444
    Hawaiian Monk Seals........................         550          500          550        1,000          700
    Steller Sea Lion Recovery Plan.............       2,770        1,440        1,770        4,770        2,520
    Hawaiian Sea Turtles.......................         248          248          248          300          275
    Bluefish/Striped Bass......................         800   ...........       1,000   ...........       1,000
    Halibut/Sablefish..........................       1,200        1,200        1,200        1,200        1,200
    Shrimp Pathogens...........................  ...........  ...........  ...........         500   ...........
    Lobster Sampling...........................  ...........  ...........  ...........         100   ...........
                                                ----------------------------------------------------------------
      Subtotal.................................     125,497      114,402      118,249      136,158      133,826
                                                ================================================================
Fishery Industry Information:
    Fish Statistics............................      13,000       14,500       13,000       14,500       13,000
    Alaska Groundfish Monitoring...............       5,500        5,200        5,200        6,100        5,500
    PACFIN/Catch Effort Data...................       4,700        3,000        4,700        4,700        4,700
    Recreational Fishery Harvest Monitoring....       3,900        3,100        3,900        3,900        3,900
    GULF FIN Data Collection Effort............  ...........  ...........       3,000   ...........       3,000
                                                ----------------------------------------------------------------
      Subtotal.................................      27,100       25,800       29,800       29,200       30,100
                                                ================================================================
Information Analyses and Dissemination.........      20,900       20,900       20,900       20,900       20,900
Computer Hardware and Software.................       4,000        4,000        4,000        4,000        4,000
                                                ----------------------------------------------------------------
      Subtotal.................................      24,900       24,900       24,900       24,900       24,900
                                                ================================================================
Acquisition of Data............................      25,098       25,098       25,098       25,098       25,098
                                                ================================================================
      Total, Information, Collection, and
       Analyses................................     202,595      190,200      198,047      215,356      213,924
                                                ================================================================
Conservation and Management Operations:
    Fisheries Management Programs..............      27,250       34,400       25,450       34,400       29,900
    Columbia River Hatcheries..................      12,055       10,300       10,300       15,395       13,600
    Columbia River Endangered Species..........         288          288          288          288          288
    Salmon Marking.............................  ...........  ...........  ...........       1,800   ...........
    Regional Councils..........................      11,900       12,800       12,800       13,200       13,000
    International Fisheries Commissions........         400          400          400          400          400
    Management of George's Bank................         478          478          478          478          478
    Beluga Whale Committee.....................         200          200          200   ...........  ...........
    Pacific Tuna Management....................       2,300        1,250        1,250        2,900        2,300
                                                ----------------------------------------------------------------
      Subtotal, Fisheries Mgmt Programs........      54,871       60,116       51,166       68,861       59,966
                                                ================================================================
    Protected Species Management...............       6,200        6,200        6,200        6,950        6,200
    Driftnet Act Implementation................       3,278        3,278        3,278        3,428        3,378
    Marine Mammal Protection Act...............       9,500        9,500        9,500        7,583        7,583
    Endangered Species Act Recovery Plan.......      20,200       30,450       20,200       30,200       23,000
    Dolphin Encirclement.......................  ...........       3,300        3,300        3,300        3,300
    Native Marine Mammals......................  ...........  ...........  ...........         800          750
    Southeastern Sea Turtles...................  ...........  ...........  ...........         400   ...........
    Observers/Training.........................  ...........  ...........  ...........       2,650        2,650
    Fishery Observer Training Ctr..............         417   ...........         417   ...........  ...........
    East Coast Observers.......................         350          350          350   ...........  ...........
                                                ----------------------------------------------------------------
      Subtotal.................................      39,945       53,078       43,245       55,311       46,861
                                                ================================================================
    Habitat Conservation.......................       8,500       10,700        8,400       10,700        9,000
    Enforcement & Surveillance.................      17,600       18,500       17,600       18,500       17,775
                                                ================================================================
      Total, Conservation, Management &
       Operations..............................     120,916      142,394      120,411      153,372      133,602
                                                ================================================================
State and Industry Assistance Programs:
    Interjurisdictional Fisheries Grants.......       2,600        2,600        2,600        3,500        2,600
    Anadromous Grants..........................       2,100        2,100        2,100        3,000        2,100
    Anadromous Fishery Project.................  ...........         258   ...........  ...........  ...........
    Interstate Fish Commissions................       6,750        4,000        6,750        8,500        7,750
                                                ----------------------------------------------------------------
      Subtotal.................................      11,450        8,958       11,450       15,000       12,450
                                                ================================================================
Fisheries Development Program:
    Product Quality and Safety/Seafood
     Inspection................................      10,524        9,824        9,824        9,974        9,824
    Hawaiian Fisheries Development.............         750   ...........  ...........         750          750
                                                ----------------------------------------------------------------
      Subtotal.................................      11,274        9,824        9,824       10,724       10,574
                                                ================================================================
      Total, State and Industry Programs.......      22,724       18,782       21,274       25,724       23,024
                                                ================================================================
      Total, NMFS..............................     346,235      351,376      339,732      394,452      370,550
                                                ================================================================
        OCEANIC AND ATMOSPHERIC RESEARCH
Climate and Air Quality Research:
    Interannual & Seasonal.....................      12,900       12,900       12,900       15,900       14,900
    Climate & Global Change Research...........      60,000       62,000       60,000       67,000       63,000
    GLOBE......................................       5,000        6,000   ...........       5,000        2,500
                                                ----------------------------------------------------------------
      Subtotal.................................      77,900       80,900       72,900       87,900       80,400
                                                ================================================================
    Long-term Climate & Air Quality Research...      29,402       30,387       29,757       30,387       30,000
    High Performance Computing.................       7,500       12,500        9,000       12,500       12,000
                                                ----------------------------------------------------------------
      Subtotal.................................      36,902       42,887       38,757       42,887       42,000
                                                ================================================================
      Total, Climate and Air Quality Research..     114,802      123,787      111,657      130,787      122,400
                                                ================================================================
Atmospheric Programs:
    Weather Research...........................      37,213       34,613       34,613       36,613       36,100
    Wind Profiler..............................       4,350        4,350        4,350        4,350        4,350
                                                ----------------------------------------------------------------
      Subtotal.................................      41,563       38,963       38,963       40,963       40,450
    Solar/Geomagnetic Research.................       5,700        6,000        6,000        6,000        6,000
                                                ----------------------------------------------------------------
      Total, Atmospheric Programs..............      47,263       44,963       44,963       46,963       46,450
                                                ================================================================
Ocean and Great Lakes Programs:
    Marine Research Prediction.................      22,976       15,251       19,501       23,401       26,801
    GLERL......................................       6,000   ...........       6,825   ...........       6,825
    Sea Grant Program..........................      56,000       50,182       59,000       56,000       57,500
National Undersea Research Program.............      15,500        4,150   ...........      15,800       14,550
                                                ----------------------------------------------------------------
      Total, Ocean and Great Lakes Programs....     100,476       69,583       85,326       95,201      105,676
                                                ================================================================
Acquisition of Data............................      15,000       12,884       12,884       12,884       12,884
                                                ================================================================
      Total, OAR...............................     277,541      251,217      254,830      285,835      287,410
                                                ================================================================
            NATIONAL WEATHER SERVICE
Operations and Research:
    Local Warnings and Forecasts...............     324,000      354,851      352,650      359,250      357,034
    MARDI......................................      73,674       64,036       64,036       64,036       64,036
    Advanced Hydrological Prediction System....  ...........       4,200   ...........       4,000   ...........
    Radiosonde Replacement.....................         910        4,340        2,000          910        2,000
    Susquehanna River Basin flood system.......       1,120          619        1,250        1,000        1,250
    Aviation forecasts.........................      35,596       35,596       35,596       35,596       35,596
                                                ----------------------------------------------------------------
      Subtotal.................................     435,300      463,642      455,532      464,792      459,916
                                                ================================================================
Central Forecast Guidance......................      29,543       35,574       31,000       35,574       35,574
Atmospheric and Hydrological Research..........       2,489        2,964        2,964        2,964        2,964
                                                ----------------------------------------------------------------
      Total, Operations and Research...........     467,332      502,180      489,496      503,330      498,454
                                                ================================================================
Systems Acquisition:
    Public Warnings and Forecast Systems:
        NEXRAD.................................      39,591       38,346       38,346       38,346       38,346
        ASOS...................................       5,351        7,116        7,116        7,116        7,116
        AWIPS/NOAA Port........................  ...........      12,189       12,189       12,189       12,189
        Computer Facilities Upgrades...........       8,000        4,600        4,600        4,600        4,600
                                                ----------------------------------------------------------------
          Total, Systems Acquisition...........      52,932       62,251       62,251       62,251       62,251
                                                ================================================================
          Total, NWS...........................     520,264      564,431      551,747      565,581      560,705
                                                ================================================================
NATIONAL ENVIRONMENT SATELLITE DATA INFORMATION
                    SERVICE
Satellite Observing Systems:
    Polar Convergence/IPO......................      34,000   ...........  ...........  ...........  ...........
    Geostationary Spacecraft and Launching.....  ...........  ...........  ...........  ...........  ...........
    Ocean Remote Sensing.......................       4,000        4,000        1,500        4,000        4,000
    Environmental Observing Systems............      50,347       51,486       50,347       54,486       53,300
                                                ----------------------------------------------------------------
      Total, Satellite Observing Systems.......      88,347       55,486       51,847       58,486       57,300
                                                ================================================================
    Environmental Data Management Systems......      27,500       28,550       33,550       27,500       33,550
    Data and Information Services..............      16,335       16,335       16,335       16,335       16,335
    Regional Climate Centers...................       2,500   ...........       2,500        3,000        2,750
                                                ----------------------------------------------------------------
      Total, EDMS..............................      46,335       44,885       52,385       46,835       52,635
                                                ================================================================
      Total, NESDIS............................     134,682      100,371      104,232      105,321      109,935
                                                ================================================================
                PROGRAM SUPPORT
Administration and Services:
    Executive Direction and Administration           19,200       19,200       19,200       19,200       19,200
    Systems Acquisition Office                        1,420   ...........  ...........         700          700
                                                ----------------------------------------------------------------
      Subtotal.................................      20,620       19,200       19,200       19,900       19,900
                                                ================================================================
    Central Administrative Support.............      31,850       31,850       31,850       31,850       31,850
    Retired Pay Commissioned Officers..........       8,000        7,000        7,000        7,000        7,000
                                                ----------------------------------------------------------------
      Total, Administration and Services.......      60,470       58,050       58,050       58,750       58,750
                                                ================================================================
Aircraft Services..............................      10,400       10,500       10,500       10,500       10,500
Rent Savings...................................      (4,656)  ...........      (4,656)  ...........  ...........
                                                ----------------------------------------------------------------
      Total, Program Support...................      66,214       68,550       63,894       69,250       69,250
                                                ================================================================
Fleet planning and maintenance.................      13,500        9,600        6,300       11,600       11,600
                                                ================================================================
Facilities:
    NOAA Facilities Maintenance................       1,800        1,800        1,800        1,800        1,800
    NOAA-wide Space Planning...................  ...........         735   ...........         735   ...........
    Sandy Hook Lease...........................       2,000        2,000        2,000        2,000        2,000
    Environmental Compliance...................       2,000        2,000        2,000        2,000        2,000
    WFO Maintenance............................       1,000        5,400        3,000        5,400        3,000
    Columbia River Facilities..................       4,465        4,465        4,465        4,465        4,465
                                                ----------------------------------------------------------------
      Total, Facilities........................      11,265       16,400       13,265       16,400       13,265
                                                ================================================================
Direct Obligations.............................   1,611,431    1,609,353    1,579,833    1,716,210    1,675,908
Reimbursable Obligations.......................     317,015      195,767      195,767      195,767      195,767
Offsetting Collections (data sales)............       2,400        3,600        3,600   ...........       3,600
New Offsetting Collections (fish fees/IFQ CDQ).  ...........  ...........  ...........  ...........       4,000
Anticipated Offsetting Collections (aerocharts)       3,000   ...........  ...........  ...........  ...........
                                                ----------------------------------------------------------------
      Subtotal Reimbursables...................     322,415      199,367      199,367      195,767      203,367
                                                ================================================================
      Total, Obligations.......................   1,933,846    1,808,720    1,779,200    1,911,977    1,879,275
                                                ================================================================
Financing:
    Deobligations..............................     (24,000)     (28,527)     (31,327)     (28,527)     (33,000)
    Unobligated Balance transferred, net.......      (1,500)        (969)        (969)        (969)        (969)
    Federal Ship Financing Fund................      (1,700)  ...........      (1,700)  ...........  ...........
    Coastal Zone Management Fund...............      (7,800)      (4,000)      (7,800)      (4,000)      (4,000)
    Offsetting Collections (data sales)........      (2,400)      (3,600)      (3,600)  ...........      (3,600)
    Anticipated Offsetting Collections
     (aerocharts)..............................      (3,000)  ...........  ...........  ...........  ...........
    New Offsetting Collections (fish fees).....  ...........     (19,781)  ...........      (3,000)      (4,000)
    New Offsetting Collections (navigation
     fees).....................................  ...........      (2,500)  ...........  ...........  ...........
    Federal Funds..............................    (172,000)    (134,927)    (134,927)    (134,927)    (134,927)
    Non-federal Funds..........................    (145,015)     (60,840)     (60,840)     (60,840)     (60,840)
                                                ----------------------------------------------------------------
      Subtotal, Financing......................    (357,415)    (255,144)    (241,163)    (232,263)    (241,336)
                                                ================================================================
Budget authority...............................   1,576,431    1,553,576    1,538,037    1,679,714    1,637,939
                                                ================================================================
Financing from:
    Promote and Develop American Fisheries.....     (62,381)     (62,381)     (63,381)     (63,073)     (63,381)
    Damage Assess. & Restor. Revolving Fund....      (5,000)      (4,714)      (4,714)      (4,714)      (4,714)
                                                ================================================================
Appropriation, ORF.............................   1,509,050    1,486,481    1,469,942    1,611,927    1,569,844
----------------------------------------------------------------------------------------------------------------

      The following narrative provides additional information 
related to certain items included in the preceding table.

                         National Ocean Service

      The conferees have provided a total of $253,193,000 under 
this account for the activities of the National Ocean Service, 
instead of $245,833,000 as recommended by the House, and 
$267,771,000 recommended by the Senate.
      Mapping and Charting.--The conference agreement provides 
$48,260,000 for NOAA's mapping and charting programs, 
reflecting continued commitment to the navigation safety 
programs of NOS, and concerns for the ability of the NOS to 
continue to meet its mission requirements over the long term. 
Of this amount, $32,100,000 is provided for the base mapping 
and charting program, an increase of $2,000,000 above the 
request for data compilation activities. NOAA is expected to 
request sufficient funds within the NOS base program in fiscal 
year 2000 to fully support this activity. In addition, NOS is 
expected to increase its shoreline mapping activities in fiscal 
year 1999, and is requested to provide a report to the 
Committees on Appropriations by December 15, 1998 which 
indicates the amount of shoreline mapping conducted in fiscal 
year 1998 and planned activities for fiscal year 1999. Within 
the total funding provided under Mapping and Charting, the 
conference agreement includes $2,160,000 to establish a joint 
hydrographic center and to provide for stream quality 
monitoring in accordance with the Senate report.
      Concerns remain that NOAA has not taken sufficient steps 
to plan for its long-term mission requirements. It is clear 
that the future of NOAA's hydrographic program lies in 
increased outsourcing to meet its nautical charting needs. 
While the need is understood for NOAA to ensure the quality, 
standards and specifications for nautical charts, NOAA must 
take vigorous steps to make this transition to outsourcing as 
an alternative method of meeting its needs. Therefore, the 
conference agreement also includes $14,000,000 under the line 
item Address Survey Backlog/Contracts exclusively for 
contracting out with the private sector for data acquisition 
needs. Further, the conferees direct NOAA to follow the 
direction included in the House report requiring submission of 
a plan to the Committees for increased outsourcing by fiscal 
year 2000.
      Tide and Current Data.--The conference agreement includes 
$12,000,000 for this activity as detailed in the House report.
      Ocean Assessment Program.--The conference agreement 
includes $40,611,000 for this activity. Within the amounts 
provided for ocean assessment, the conference agreement 
includes the following: $13,750,000 for NOAA's Coastal Services 
Center; $5,800,000 to continue the Cooperative Institute for 
Coastal and Estuarine Environmental Technology; $900,000 for 
the South Florida Ecosystem Restoration program; $1,000,000 to 
support coral reef studies in the Pacific and Southeast as 
described in the Senate report; $2,925,000 for pfiesteria and 
other harmful algal bloom research and monitoring, of which 
$500,000 is for research on the impact of pfiesteria at North 
Carolina State University; $1,200,000 for one-time assistance 
for a citizen-based clean-water task force, including the State 
Coastal Resource program and local governments, to address 
issues related to the estuaries and waterways in Beaufort 
County, South Carolina; and $2,436,000 for the NOAA Beaufort/
Oxford Laboratory, reflecting the transfer of funding and 
management of this activity from the National Marine Fisheries 
Service and the Office of Oceanic and Atmospheric Research. In 
addition, the conference agreement also includes an additional 
$5,200,000 under Ocean and Coastal Research and the Coastal 
Ocean Program for research on pfiesteria, hypoxia and other 
harmful algal blooms.
      Office of Response and Restoration.--The conference 
agreement includes $8,774,000 for a new line item under Ocean 
Resources Conservation and Assessment which represents the 
consolidation of the following line items previously provided 
for separately: $2,674,000 for Estuarine and Coastal 
Assessment, $5,100,000 for Damage Assessment and $1,000,000 in 
accordance with the Oil Pollution Act of 1990.
      Ocean and Coastal Research.--The conference agreement 
includes $7,410,000 for this activity, and includes funding at 
the fiscal year 1998 level for marine forensics and Southeast 
fisheries law enforcement, in accordance with the direction 
included in the Senate report.
      The conference agreement does not include the proposed 
transfer of the Great Lakes Environmental Research Laboratory 
(GLERL) from the Office of Oceanic and Atmospheric Research to 
NOS. While consolidation of ocean and coastal research and 
assessment programs into a single line organization would 
ensure greater coordination and guard against duplication, 
NOAA's proposal did not meet this goal. The transfer of GLERL 
can be reconsidered in the context of a reorganization proposal 
to more fully consolidate all related programs into NOS, and 
NOAA is encouraged to consult with the Committees prior to the 
submission of a reorganization proposal.
      Coastal Ocean Program.--The conference agreement provides 
$18,400,000 for the Coastal Ocean Program, of which $4,200,000 
is provided for research related to hypoxia, pfiesteria, and 
other harmful algal blooms. The conference agreement adopts the 
recommendations included in the House report regarding hypoxia 
research in the Gulf of Mexico and Lake Ponchartrain, and 
expects a portion of the increase to be provided to support 
these activities. The managers of COP are directed to follow 
the direction included in the House report regarding the Brown 
Tide Research Initiative, as well as the direction included in 
the Senate report concerning research on small high-salinity 
estuaries. The conference agreement also assumes continued 
funding at the current level for restoration of the South 
Florida ecosystem. Further, concerns have been expressed 
regarding the COP's delay in funding of a Memorandum of 
Understanding (MOU) for the 1995 competitively approved land 
use-coastal ecosystem study. The COP is directed to fully fund, 
from within base resources, this prior multi-year commitment at 
the agreed upon levels beginning with $1,200,000 for fiscal 
year 1999. Further, NOAA is directed to provide a report to the 
Committees, no later than February 1, 1999, on the projects and 
programs supported under COP in fiscal years 1997 and 1998.
      Coastal Zone Management.--The conference agreement 
includes $54,700,000 for grants under sections 306, 306A, 309, 
and 6217 of the Coastal Zone Management Act (CZMA), an increase 
of $4,000,000 over fiscal year 1998. A separate appropriation 
for section 309 grants is not provided because such action 
would be inconsistent with currentlaw. Under the CZMA, NOAA is 
authorized to set aside up to 20% of the funds appropriated under 
sections 306 and 306A for activities authorized under section 309. 
Therefore, increased funding has been provided under sections 306 and 
306A to enable NOAA to make up to $10,540,000 available for activities 
authorized under section 309. In addition, the conference agreement 
includes $2,000,000 for the Non-Point Pollution program authorized 
under section 6217 of the CZMA. The conferees direct NOAA to provide a 
report on this program in accordance with the direction included in the 
House report. The conference agreement also includes $4,300,000 for the 
National Estuarine Research Reserve program to support the existing 
program, as assumed in the House bill.
      Marine Sanctuary Program.--The conference agreement 
includes $14,350,000 for the National Marine Sanctuary Program. 
Of this amount, $350,000 is provided to support the activities 
of the Northwest Straits Citizens Advisory Commission as 
outlined in the House and Senate reports. In addition, a 
portion of the increase provided for the Marine Sanctuary 
Program may be used to support NOAA's on-going activities 
related to the U.S.S. Monitor in accordance with the House 
report.
      Other.--Within the amounts provided for geodesy, the 
conference agreement includes $500,000 for continuation of 
geodetic survey work as described in the Senate report.

                   National Marine Fisheries Service

      The conference agreement includes a total of $370,550,000 
for the National Marine Fisheries Service, instead of 
$339,732,000 recommended by the House and $394,452,000 as 
recommended by the Senate. The conference agreement adopts the 
recommendations in the Senate report regarding the Community 
and Individual Fishery Quota programs.
      Resource Information.--The conference agreement provides 
$106,675,000 for fisheries resource information. Within the 
funds provided for resource information, $91,750,000 is 
provided for the base programs, an increase of $8,836,000 over 
fiscal year 1998, of which $3,500,000 is for implementation of 
the Magnuson-Stevens Act in the North Pacific as directed in 
the Senate report, and of which $750,000 is for west coast 
groundfish research to supplement the base budget of the 
Northwest Fisheries Science Center. Therefore, NMFS is expected 
to provide not less than a total of $2,250,000 from Resource 
Information for this research at the Northwest Center. Such 
action is not intended to cause a shift in work currently 
performed by the Alaska and Southwest Fisheries Science Centers 
to the Northwest Center. In addition, within the total funds 
provided for resource information, the conference agreement 
adopts the recommendation included in the Senate report with 
respect to MARMAP. Under this line item, the conference 
agreement also includes funding for the following activities 
included in the Senate report: $1,500,000 for the Gulf of 
Mexico Stock Enhancement Consortium, $1,250,000 for research on 
Alaska near shore fisheries, $200,000 for an assessment of 
Atlantic herring and mackerel, $450,000 for Chesapeake Bay 
oyster research activities, $275,000 for research on the 
Charleston bump, $300,000 for research on shrimp pathogens, 
$100,000 for lobster sampling, and $300,000 for research on 
Southeastern sea turtles. In addition, within the amounts 
provided for Resource Information, $8,000,000 is included to 
continue the aquatic resources environmental initiative, and 
$1,250,000 is provided to continue the activities of the Gulf 
and South Atlantic Fisheries Development Foundation for data 
collection and analyses in the red snapper and shrimp fisheries 
in accordance with the House report. Further, $450,000 is also 
included within this line item for a study of the hard clam 
population in accordance with the House report.
      There continue to be concerns regarding the timely 
implementation of the Magnuson-Stevens Act and current staffing 
distribution among headquarters and field offices to support 
this effort. Therefore, NOAA is directed to comply with the 
direction included in the Senate report on this matter, and to 
expand its report to also include the Endangered Species Act 
and the Sustainable Fisheries Act. Concerns have also been 
raised regarding implementation of the Magnuson-Stevens Act, 
particularly with respect to National Standards 2 and 8. 
Therefore, the conference agreement adopts the recommendation 
and direction included in the Senate report requesting the 
General Accounting Office to report on NMFS compliance with 
these standards. In addition, as described in the Senate 
report, concerns continue to exist regarding national 
coordination of commercial and recreational data collection 
efforts. NOAA is directed to submit a report to the Committees 
with its fiscal year 2000 budget request outlining the 
methodology used by NMFS to collect data on these fisheries and 
its efforts to integrate and improve data collection 
activities.
      The conference agreement also provides funds for right 
whale research, including funds to continue gear modification 
research at the fiscal year 1998 level. The conferees expect 
NMFS to report to the Committees, no later than February 1, 
1999, detailing gear modification research activities funded in 
fiscal year 1998 and its plans for fiscal year 1999. The 
conferees have also included funding for MARFIN and Alaskan 
groundfish surveys, including calibration studies, as described 
in the Senate report. Funding is also provided for bluefish and 
striped bass research in accordance with the House report.
      Steller Sea Lion Recovery Plans.--The conference 
agreement includes $2,520,000 for this activity, including 
$750,000 for research as directed in the Senate report, with 
the remaining funds to be allocated at the fiscal year 1998 
level for work by the State of Alaska, the North Pacific 
Universities Marine Mammal Consortium, and NMFS.
      Fishery Industry Information.--Within the funds provided 
for Fishery Industry Information, the conference agreement 
provides $3,900,000 for recreational fishery harvest monitoring 
to be expended in accordance with the direction included in the 
Senate report. Funds are also appropriated under this activity 
for the Pacific Fisheries Information Network/Alaska Fisheries 
Information Network in accordance with the direction included 
in the Senate report. In addition, $3,000,000 is provided for a 
Gulf of Mexico Fisheries Information Network in accordance with 
the direction included in the House report. Funding is also 
provided to continue Alaska groundfish monitoring activities at 
the fiscal year 1998 level, including the final year of support 
for the Bering Sea Fisherman's Association Community 
Development Quota program.
      Fisheries Management Programs.--The conference agreement 
includes $29,900,000 for this activity, including $350,000 to 
continue ongoing sea turtle recovery efforts at Rancho Nuevo 
and loggerhead nesting and research programs as described in 
the House report. Within these amounts, $230,000 is also 
provided for the Pacific Coral Reef fisheries management plan, 
as described in the Senate report, and $300,000 is for 
implementation of a program to prevent the importation of 
Atlantic swordfish which have not been harvested in a manner 
consistent with the recommendations under theInternational 
Convention for the Conservation of Atlantic Tuna. Such a program should 
restrict the importation of Atlantic swordfish that are below the 
United States minimum size. The conference agreement also reduces 
funding for the base program by $400,000 to reflect the transfer of 
funding for the Alaska Eskimo Whaling Commission to the new Native 
Marine Mammals Commission line item.
      The conference agreement appropriates a total of 
$18,353,000 for NOAA support of Columbia River hatcheries 
programs, including $13,600,000 under the NMFS. Within the 
amount provided under the line item Columbia River hatcheries, 
NMFS is expected to support hatchery operations at the fiscal 
year 1998 level of $11,400,000, and to use the additional 
funding to support salmon marking activities as described in 
the Senate report.
      Protected Species Management.--Within the funds provided 
for protected species management, $500,000 is for continuation 
of a study on the impacts of California sea lions and harbor 
seals on salmonids and the West Coast ecosystem.
      Endangered Species Recovery Plans.--A total of 
$23,000,000 is provided for this activity. Of these amounts, 
$1,000,000 is for technical support for Washington State salmon 
recovery efforts, and $1,000,000 is for Northwest Indian 
Fisheries Commission activities, as described in the Senate 
report. In addition, $850,000 is provided to support NMFS work 
on Steller sea lions in the North Pacific, and $250,000 is to 
be made available for the State of Alaska for technical support 
to analyze proposed salmon recovery plans.
      Native Marine Mammal Commissions.--The conference 
agreement adopts the recommendation of the Senate to 
consolidate support for these commissions, previously provided 
for elsewhere within NMFS, and recommends funding be 
distributed as follows: (1) $400,000 for the Alaska Eskimo 
Whaling Commission; (2) $100,000 for the Alaska Harbor Seal 
Commission; (3) $200,000 for the Beluga Whale Committee; and 
(4) $50,000 for the Bristol Bay Native Association.
      Observers and Training.--The conference agreement adopts 
the recommendation included in the Senate report to consolidate 
fishery observer and observer training programs into a single 
line item, and distributes funding as follows: (1) $425,000 for 
the North Pacific Fishery Observer Training Program; (2) 
$1,875,000 for North Pacific marine resource observers, which 
was previously funded within the Marine Mammal Protection Act 
line item; and (3) $350,000 for east coast observers.
      Interstate Fish Commissions.--The conference agreement 
includes $7,750,000 for this activity, of which $750,000 is to 
be equally divided among the three commissions, and $7,000,000 
is for implementation of the Atlantic Coastal Fisheries 
Cooperative Management Act.
      Sea Turtle Protection and By-catch Reduction.--The 
conference agreement adopts the recommendations and direction 
included in the House report regarding the development or 
implementation of any new or revised biological opinions 
regarding shrimp fishing and turtle interaction, as well as the 
guidance provided regarding by-catch reduction devices.
      Other.--In addition, within the funds available for the 
Saltonstall-Kennedy grants program, the conferees direct that 
$150,000 be provided to the Alaska Fisheries Development 
Foundation to be used in accordance with the direction included 
in the Senate report, and funds be provided pursuant to the 
direction included in both the House and Senate reports to 
support ongoing efforts related to Vibrio vulnificus. Further, 
NOAA is expected to comply with the direction included in the 
House report regarding the bluefin tuna fishery off the coast 
of Long Island.

                    Oceanic and Atmospheric Research

      The conference agreement includes a total of $287,410,000 
for Oceanic and Atmospheric Research activities, instead of 
$254,830,000 as recommended by the House and $285,835,000 as 
recommended by the Senate.
      Interannual and Seasonal Climate Research.--The conferees 
have provided $14,900,000 for interannual and seasonal climate 
research. Within this amount, the conference agreement provides 
$2,000,000 to support climate and air quality monitoring and 
climatological modeling activities as described in the Senate 
report. Further, within the amounts available to OAR, NOAA is 
expected to carry out its Memorandum of Understanding with the 
International Hurricane Center.
      Climate and Global Change Research.--The conference 
agreement includes $63,000,000 for the Climate and Global 
Change research program, an increase of $3,000,000 above the 
amounts provided in fiscal year 1998. Of this amount, 
$15,000,000 is provided to support the International Research 
Institute and related regional application centers and 
activities. This increase is provided to enable the regional 
applications centers program to expand to the Midwest and other 
areas. OAR is encouraged to work with and utilize existing 
university resources, including the University of Northern 
Iowa, in its expansion of this program.
      Long-term Climate and Air Quality Research.--The 
conference agreement provides $30,000,000 for this activity, 
instead of $29,757,000 as proposed by the House, and 
$30,387,000 as proposed by the Senate.
      GLOBE.--A total of $2,500,000 is provided for this 
program, instead of $5,000,000 as proposed by the Senate. The 
House bill did not include funding for this program. NOAA is 
expected to comply with the direction included in the Senate 
report regarding this program.
      Atmospheric Programs.--The conference agreement provides 
$36,100,000 for this activity. Of this amount $1,500,000 is 
provided for research related to wind-profile data in 
accordance with the direction provided in the Senate report.
      Marine Prediction Research.--The conference agreement 
includes $26,801,000 for marine prediction research. Within 
this amount, the following is provided: $1,650,000 for Arctic 
Research, as directed in the House report; $2,400,000 for the 
Open Ocean Aquaculture program as directed in the Senate 
report, of which $450,000 is for the Seacoast Science Center 
and $25,000 is for the Teel Cove Sea Farm; $2,300,000 for 
tsunami mitigation; $2,100,000 for the VENTS program; 
$4,000,000 to continue an initiative for the aquatic 
ecosystems, water quality, atmospheric research, and facilities 
construction at the Canaan Valley Institute; $1,650,000 for 
implementation of the National Invasive Species Act, of which 
$850,000 is for Ballast Water Demonstration as directed in the 
Senate report; $750,000 for South Atlantic marine monitoring 
and prediction as directed in the Senate report; $50,000 for 
the sediment control study recommended in the Senate bill; 
$1,000,000 for the marine ecosystem initiative at the Thayer 
School of Engineering; $500,000 for support for the Gulf of 
Maine Council; and $150,000 for Lake Champlain studies. Due to 
recently enacted changes in the National Sea Grant Program 
Authorization Act, future activities related to Lake Champlain 
are expected to be funded through the regular Sea Grant 
program.
      GLERL.--Within the $6,825,000 provided for the Great 
Lakes Environmental Research Laboratory, the conference 
agreement assumes continued support for the Great Lakes 
nearshore research and zebra mussel research programs.
      Sea Grant.--The conference agreement appropriates 
$57,500,000 for the National Sea Grant program, and expects 
NOAA to continue to fund the existing oyster disease research 
and zebra mussel research programs within these amounts. Of the 
amounts provided, $1,000,000 is for the Gulf of Mexico Oyster 
Disease Initiative. NOAA is also encouraged to use a portion of 
the increase provided to support and expand mariculture 
activities. Further, NOAA is encouraged to follow the guidance 
included in the House report regarding research related to the 
public health risks associated with ballast water discharges.
      National Undersea Research Program (NURP).--The 
conference agreement provides $14,550,000 for the NURP, of 
which $1,750,000 is for continued support of the JASON program, 
and $300,000 is to continue support for the Aquarius undersea 
laboratory. The remaining $12,500,000 is provided for the 
existing nationwide undersea research centers, a $1,000,000 
reduction from the current level. This reduction is to be 
distributed proportionately among each of the centers, as well 
as program administration.

                        National Weather Service

      The conference agreement includes a total of $560,705,000 
for the National Weather Service (NWS), instead of $551,747,000 
as proposed by the House, and $565,581,000 as proposed by the 
Senate. Further, an additional $3,000,000 is appropriated 
elsewhere in this account for NWS facilities maintenance, and 
$97,948,000 is provided within the NOAA Procurement, 
Acquisition and Construction (PAC) account for NWS systems 
acquisition and construction activities.
      Local Warnings and Forecasts/Base Operations.--The amount 
provided includes $357,034,000 for this activity, an increase 
of $33,034,000 above the fiscal year 1998 level. The following 
increases are included: $9,053,000 is for pay-related 
inflationary costs; $9,266,000 is for full year costs 
associated with maintaining a total NWS personnel base of 4,788 
full-time equivalents; and $7,681,000 is for non-labor 
increases. Within the total amount provided for Local Warnings 
and Forecasts, $1,200,000 is for NOAA weather radio 
transmitters to be distributed in accordance with the direction 
included in the House and Senate reports. An additional 
$400,000 is also provided to enable NWS to resolve weather 
radio coverage problems in South Dakota. The conference 
agreement also includes funding, as requested, for data buoys 
and coastal marine automated network stations.
      In addition, a total of $3,784,000 is included to 
implement the mitigation activities required by the Secretary's 
report to Congress regarding the adequacy of NEXRAD coverage in 
certain areas. Language is included in the bill directing the 
Secretary of Commerce to implement the recommendations 
contained in this report. NOAA is expected to follow the 
recommendations contained in the November 21, 1997 Secretary's 
team report as well as those of any subsequent reports or 
applicable agreements. The NWS is also expected to follow the 
direction included in the Senate report regarding continued 
radar obstruction at the NEXRAD facility located in Jackson, 
Mississippi.
      In addition, the NWS is encouraged to continue the 
National Severe Storms Laboratory's support for OK-FIRST, as 
well as to continue the activities of NOAA's Cooperative 
Institute for Regional Prediction related to the 2002 Winter 
Olympic games.

     National Environmental Satellite, Data and Information Service

      The conference agreement includes $109,935,000 for NOAA's 
satellite and data management programs. In addition, the 
conference agreement includes $450,059,000 under the NOAA PAC 
account for satellite systems acquisition and related 
activities.
      Environment Data Management.--The conferees have included 
$52,635,000 for EDMS activities. Under EDMS, the conference 
agreement includes $2,750,000 for the Regional Climate Centers, 
and adopts the recommendations included in the House report 
regarding funding to continue weather record rescue activities.
      Environmental Observing Systems.--Within the amounts 
appropriated, $2,500,000 is provided to continue the wind 
demonstration pilot project as described in the Senate report.

                            Program Support

      The conference agreement provides $69,250,000 for NOAA 
program support, the amount recommended in the Senate bill, 
instead of $63,894,000 as recommended in the House bill. Due to 
the concerns expressed in the House report regarding 
augmentation of headquarters and policy functions through 
assessments against NOAA programs, bill language is included, 
modified from the House bill, placing a limitation on funding 
and staffing available to Executive Direction and 
Administration functions in fiscal year 1999. An exception to 
the staffing limitation has been provided for the Office of the 
General Counsel to ensure that the necessary resources are 
available to support activities related to the National Marine 
Fisheries Service.

                     Fleet Planning and Maintenance

      The conference agreement includes an appropriation of 
$11,600,000 for this activity, as recommended in the Senate 
bill, instead of $6,300,000 included in the House bill. This 
amount includes $2,000,000 for the NOAA Pascagoula facility to 
purchase property with reverter options, extend the present 
dock, conduct dredging, repair the existing dock, and purchase 
equipment for the support of the NOAA vessel Relentless.

                               Facilities

      The conference agreement includes $13,265,000 for 
facilities maintenance, lease costs, and environmental 
compliance, as recommended in the House bill, instead of 
$16,400,000 included in the Senate bill. NOAA is expected to 
follow the direction in the House report regarding budgeting 
for lease costs for NOAA facilities.
      Within the amounts available for Facilities Maintenance, 
NOAA is expected to use up to $150,000 to conduct a study of 
space requirements at the National Centers for Environmental 
Prediction facility in Norman, Oklahoma and options to meet 
those needs through a long-term lease, or other, alternative 
financing arrangements.

                                 Other

      In addition to amounts not otherwise provided for in the 
above tables and narrative, the conference agreement includes 
an additional $5,000,000 for activities related to the Clean 
Water Initiative under the National Ocean Service and an 
additional $5,000,000 for Endangered Species Act programs under 
the National Marine Fisheries Service.

               Procurement, Acquisition and Construction

                     (including transfers of funds)

      The conference agreement includes a total of $584,677,000 
in direct appropriations for the Procurement, Acquisition and 
Construction account, and assumes $4,000,000 in deobligations 
from this account. The following distribution reflects the 
fiscal year 1999 funding provided for activities within this 
account:

Systems Acquisition:
    AWIPS...............................................     $67,667,000
    ASOS................................................       3,855,000
    NEXRAD..............................................       7,000,000
    Computer Facilities Upgrades........................       9,900,000
    Polar Spacecraft and Launching......................     199,917,000
    Geostationary Spacecraft and Launching..............     265,142,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Systems Acquisition.....................     553,481,000
Construction:
    Boulder Lab Above Standard Costs....................       6,370,000
    WFO Construction....................................       9,526,000
    Santa Cruz Fisheries Lab............................       4,200,000
    NERRS Construction..................................       7,300,000
    Fort Johnson Lab....................................       3,000,000
    Outer Banks Community Foundation....................         750,000
    Long Island Bay Shore Aquarium......................       1,000,000
    Botanical Gardens...................................         500,000
    NCEP................................................         850,000
    Pribilof Island Cleanup.............................         700,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Construction............................      34,196,000

      Systems Acquisition.--The conference agreement provides 
the full amount requested for AWIPS acquisition, and continues 
language as proposed in the House bill requiring the Secretary 
of Commerce to meet certain certification requirements prior to 
the obligation of these funds.
      Construction.--The conference agreement includes 
$6,370,000 for above standard costs for the Boulder Laboratory, 
in accordance with the direction included in the House report.
      The funds appropriated for National Estuarine Research 
Reserve construction are to be distributed as follows: 
$1,300,000 is for the Kasitsna Bay Lab and Kachenak Bay NERR; 
and $6,000,000 is for the Great Bay NERR, as recommended in the 
Senate report. In addition, $750,000 is provided for the Outer 
Banks Community Foundation subject to the conditions in the 
Senate report.
      Other.--Further, within the total amounts provided in 
this account, $1,000,000 is expected to be provided for 
fishermen's health care. The Secretary of Commerce is to 
allocate the funds under the plan in New Hampshire, Rhode 
Island, Maine and Massachusetts according to the following 
criteria: (1) the number of fishermen who are eligible to 
receive health care benefits under the plan; and (2) the 
relative demand for benefits under the plan in each State among 
fishermen who are eligible to receive benefits under the plan. 
NOAA should not expect funds to be appropriated under this Act 
in the future for this purpose.

                      Coastal Zone Management Fund

      The conference agreement includes an appropriation of 
$4,000,000, as provided in the Senate bill, instead of 
$7,800,000 recommended in the House bill. These amounts are 
reflected under the National Ocean Service within the 
Operations, Research, and Facilities account.

                      Fishermen's Contingency Fund

      The conference agreement includes $953,000 for the 
Fishermen's Contingency Fund, as provided in the House, instead 
of $952,000 included in the Senate bill.

                     Foreign Fishing Observer Fund

      The conference agreement includes $189,000 for the 
expenses related to the Foreign Fishing Observer Fund, as 
provided in both the House and Senate bills.

                   Fisheries Finance Program Account

      The conference agreement provides $338,000 in subsidy 
amounts for the Fisheries Finance Program Account, instead of 
$388,000 recommended in the Senate bill, and $238,000 
recommended in the House bill. The agreement includes $100,000 
above the House level to continue entry level and small vessel 
Individual Fishery Quota obligation guarantees in the halibut 
and sablefish fisheries as recommended in the Senate report.

                         General Administration

                         Salaries and Expenses

      The conference agreement includes $30,000,000 for the 
general administration of the Commerce Department, instead of 
$31,059,000 as proposed in the Senate bill and $28,900,000 as 
proposed in the House bill. The conference recommendation 
assumes a $720,000 transfer of funding and personnel from the 
NOAA Systems Acquisition Office (SAO) to the Department, 
instead of $1,420,000 recommended in the House bill and 
requested in the budget.

                      Office of Inspector General

      The conference agreement includes $21,000,000 for the 
Commerce Department Inspector General, instead of $21,400,000 
as recommended in the House bill and $19,959,000 as recommended 
in Senate bill. An increase is provided to enable the Office of 
Inspector General to continue its efforts related to the 2000 
decennial census.

                      Patent and Trademark Office

                         Salaries and Expenses

                              (rescission)

      The conference agreement includes a $71,000,000 
rescission from fee collections and prior year appropriations, 
instead of a $41,000,000 rescission recommended in theHouse 
bill, and a $116,342,000 rescission requested in the budget. The Senate 
bill did not recommend a rescission in this account.

            National Oceanic and Atmospheric Administration

               Procurement, Acquisition, and Construction

                              (RESCISSION)

      The conference agreement does not include a rescission of 
$5,000,000 from prior year unobligated balances in NOAA 
satellite programs, as proposed by the House. The Senate bill 
did not contain this rescission.

               GENERAL PROVISIONS--DEPARTMENT OF COMMERCE

      The conference agreement includes the following general 
provisions for the Department of Commerce:
      Section 201.--The conference agreement includes section 
201, included in both the House and Senate versions of the 
bill, regarding certifications of advanced payments.
      Sec. 202.--The conference agreement includes section 202, 
identical in both the House and Senate versions of the bill, 
allowing funds to be used for hire of passenger motor vehicles.
      Sec. 203.--The conference agreement includes section 203, 
identical in both the House and Senate versions of the bill, 
prohibiting reimbursement to the Air Force for hurricane 
reconnaissance planes.
      Sec. 204.--The conference agreement includes section 204, 
identical in both the House and Senate versions of the bill, 
prohibiting funds from being used to reimburse the Unemployment 
Trust Fund for temporary census workers.
      Sec. 205.--The conference agreement includes section 205, 
identical in both the House and Senate versions of the bill, 
regarding transfer authority between Commerce Department 
appropriation accounts.
      Sec. 206.--The conference agreement includes section 206, 
providing for the notification of the House and Senate 
Committees on Appropriations of a plan for transferring funds 
to appropriate successor organizations within 90 days of 
enactment of any legislation dismantling or reorganizing the 
Department of Commerce, as proposed in both House and Senate 
bills.
      Sec. 207.--The conference agreement includes section 207, 
included in both the House and Senate bills, requiring that any 
costs related to personnel actions incurred by a Department or 
agency funded in title II of this Act, be absorbed within the 
total budgetary resources available to such Department or 
agency.
      Sec. 208.--The conference agreement includes section 208, 
as proposed in the House, allowing the Secretary to award 
contracts for certain mapping and charting activities in 
accordance with the Federal Property and Administrative 
Services Act. The Senate bill did not address this matter.
      Sec. 209.--The conference agreement includes language, as 
proposed in the House bill, allowing the Department of Commerce 
Franchise Fund to retain a portion of its earnings from 
services provided. The Senate contained no similar provision.
      Sec. 210.--The conference agreement includes a provision, 
as proposed in the Senate bill, to place a one-year moratorium 
on the processing or registration of a trademark application 
for a mark identical to the official tribal insignia of any 
Federally recognized Indian tribe. The House bill did not 
address this matter.
      Sec. 211.--The conference agreement includes new 
language, not in either the House or Senate bills, to prohibit 
enforcement and transactions related to the registration and 
renewal of trademarks that are substantially similar to those 
used in connection with assets which have been confiscated.
      Sec. 212.--The conference agreement includes new 
language, not in either the House or Senate bills, to provide 
for the conveyance, at fair market value, of a parcel of land 
in Two Harbors, Minnesota.
      Sec. 213.--The conference agreement includes new 
language, not in either the House or Senate bills, to authorize 
NOAA to enter into a land transfer arrangement to allow for the 
construction of the NMFS laboratory facility at Lena Point, 
Alaska.
      Sec. 214.--The conference agreement includes new 
language, not in either the House or Senate bills, to authorize 
NOAA to enter into an agreement with the State of Alaska to 
construct a State-owned facility on Federal land, as well as 
provide for the development of joint facilities with NOAA.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         SALARIES AND EXPENSES

      The conference agreement includes $31,059,000 for the 
salaries and expenses of the Supreme Court, the same as the 
amount provided in the Senate bill, and $36,000 below the 
amount provided in the House bill.

                    CARE OF THE BUILDING AND GROUNDS

      The conference agreement includes $5,400,000 for the 
Supreme Court Care of the Building and Grounds account, as 
provided in the House bill, instead of $5,871,000 as provided 
in the Senate bill and as requested in the budget. This amount 
is $2,000,000 above the amount provided in fiscal year 1998. 
The reduction from the request is taken as a general reduction.
      The conference agreement allows $2,364,000 of this 
appropriation to remain available until expended, as provided 
in the House bill, instead of the entire amount, as provided in 
the Senate bill.

         United States Court of Appeals for the Federal Circuit

                         SALARIES AND EXPENSES

      The conference agreement includes $16,101,000 for the 
U.S. Court of Appeals for the Federal Circuit, instead of 
$16,143,000 as provided in the House bill and $15,631,000 as 
provided in the Senate bill.

               United States Court of International Trade

                         SALARIES AND EXPENSES

      The conference agreement includes $11,804,000 for the 
U.S. Court of International Trade, instead of $11,822,000 as 
provided in the House bill and $11,483,000 as provided in the 
Senate bill.

    Courts of Appeals, District Courts, and Other Judicial Services

                         SALARIES AND EXPENSES

      The conference agreement provides $2,821,821,000 for the 
salaries and expenses of the federal judiciary, instead of 
$2,828,329,000 as provided in the House bill and $2,808,516,000 
as provided in the Senate bill.
      In addition, within the amount provided under the Violent 
Crime Reduction Trust Fund, addressed below, an additional 
$10,164,000 is available for this account, providing a total 
availability of appropriations of $2,831,985,000.
      In addition to these appropriated resources, there is 
likely to be available at least $155,578,000 in fee carryover 
from prior years, $142,880,000 in current year fees, and 
$78,276,000 in other resources, for a total availability of 
resources of $3,208,719,000. Also, the judiciary has pending 
Year 2000 computer compliance requirements of $13,044,000, of 
which $10,214,000 is for needs in this account, and the balance 
is in the Court Security account, for which funding is expected 
to be made available from pending legislation to provide 
additional resources for fixing Year 2000 problems.
      With respect to program increases requested in the 
budget, the conferees believe that probation/pre-trial services 
are a high priority, and that sufficient resources need to be 
provided to allow these services to keep up with the rapidly 
rising number of offenders under post-release supervision. In 
addition, the conferees expect that security surcharge payments 
will be made only for validated additional services.
      The language in the House report relating to electronic 
courtrooms is adopted by reference.
      The conference agreement also appropriates $2,515,000 
from the Vaccine Injury Compensation Trust Fund for expenses 
associated with the National Childhood Vaccine Injury Act of 
1986, as provided in both the House and Senate bills.
      The conference agreement does not include a general 
provision added by the Senate that would require the Judicial 
Conference to study whether Criminal Rule 6 should be amended 
to allow a witness appearing before a grand jury to have 
counsel present. The conferees understand that the Judicial 
Conference of the United States will address this specific 
issue at the October 1998 meeting of its Advisory Committee on 
Criminal rules. The conferees further understand that the 
Advisory Committee has received the views of the American Bar 
Association, the National Association of Criminal Defense 
Lawyers, and the Department of Justice on this issue, and will 
proceed in accordance with established procedure consistent 
with the Rules Enabling Act. The conferees direct the Judicial 
Conference to report their findings to the Committees on 
Appropriations not later than April 15, 1999.

                    VIOLENT CRIME REDUCTION PROGRAMS

      The conference agreement includes an appropriation of 
$41,043,000 from the Violent Crime Reduction Trust Fund, 
instead of $60,000,000 as provided in the House bill, and no 
funds as provided in the Senate bill. These funds are intended 
to be used to offset workload requirements of the federal 
judiciary related to the Violent Crime Control and Law 
Enforcement Act of 1994 and the Anti-Terrorism and Effective 
Death Penalty Act of 1996. It is intended that $10,164,000 be 
utilized for workload requirements under Salaries and Expenses, 
and $30,879,000 be utilized for workload requirements under 
Defender Services.

                           DEFENDER SERVICES

      The conference agreement includes $360,952,000 for the 
federal judiciary's Defender Services account, as requested in 
the budget and as provided in both the House and Senate bills. 
In addition, $30,879,000 is expected to be provided from funds 
made available under the Violent Crime Reduction Trust Fund, as 
requested in the budget and provided in the House bill, instead 
of no funds, as provided in the Senate bill. In addition, there 
is expected to be carryover of $3,882,000. As a result, total 
availability of resources for Defender Services is expected to 
be $395,713,000.
      The judiciary is currently projecting a shortfall of 
approximately $14,000,000 in this account for fiscal year 1999, 
even though Congress has provided the full amount of requested 
resources. The judiciary should take every step available to 
assure that the budget for this account stays within 
appropriated resources. Because the cost of the existing 
program has been rising rapidly, and because of the possibility 
that funding requirements in fiscal year 1999 will exceed the 
budget request by a significant amount, the conferees have not 
provided for increases in the rate for panel attorneys or other 
program increases.
      The reports that the judiciary is expected to provide are 
the three reports requested in the House report, as well as the 
report described in the following paragraph.
      The conference agreement does not include a provision 
included in the Senate bill that would limit monthly payments 
to court-appointed counsel in federal capital cases to the 
salary received by the United States Attorney in that district. 
However, the conferees remain concerned about the cost of 
federal capital cases. The conferees direct the Administrative 
Office of the United States Courts to review defense costs in 
federal capital cases and report on the findings to the House 
and Senate Judiciary and Appropriations Committees by September 
30, 1999.
      The conferees further direct the Administrative Office of 
the United States Courts to pay particular attention to the 
following items in the compilation of this report: 1) the 
number of counsel who have been appointed to represent indigent 
defendants in federal capital cases in the previous four fiscal 
years; 2) the number of instances in the previous four fiscal 
years in which individual appointed counsel in federal capital 
cases have submitted invoices for legal representation for a 
calendar month that exceed the amount of salary (excluding 
health and other employee benefits) that the law of the United 
States authorized to be paid to the United States Attorney in 
that calendar month in the district in which the case was 
prosecuted; 3) the number of instances in the previous four 
fiscal years in which federal courts have granted waivers under 
18 U.S.C. 3006A(d)(3), where the representations were deemed to 
be extended or complex, concerning the maximum amounts of 
attorney compensation; and 4) the number of instances in the 
previous four fiscal years in which federal courts have 
suspended trials or other proceedings due to inadequate 
compensation for appointed counsel.

                    FEES OF JURORS AND COMMISSIONERS

      The conference agreement includes $66,861,000 for Fees of 
Jurors and Commissioners, instead of $67,000,000 as proposed in 
the House bill and $68,721,000 as proposed in the Senate bill. 
The amount provided reflects the latest estimate from the 
judiciary of the requirements for this account.

                             COURT SECURITY

      The conference agreement includes $174,569,000 for the 
federal judiciary's Court Security account, which is $469,000 
over the amount in the House bill and $2,304,000 below the 
amount in the Senate bill. In addition, this account is assumed 
to have additional resources of $1,151,000 in carryover and 
$2,800,000 for Year 2000 computer compliance costs from other 
sources of funding.
      The highest priority with respect to program increases is 
to provide the additional court security officers needed to 
meet the current applicable standards. This includes one 
additional court security officer for the U.S. Court of Appeals 
for the Federal Circuit. The Committees expect to be informed 
as to how this will be accomplished in reference to the court-
by-court tracking system that has been developed at the 
insistence of the Committees. In addition, it is expected that 
the report requested in the House report will be provided.

           Administrative Office of the United States Courts

                         salaries and expenses

      The conference agreement includes $54,500,000 for the 
Administrative Office of the United States Courts, as proposed 
by the House, instead of $54,682,000 as proposed by the Senate. 
This level of funding is intended to allow the Administrative 
Office to operate at current services, but does not provide 
additional personnel over the fiscal year 1998 level. However, 
the judiciary can obtain an additional 6 workyears through 
reimbursable positions, as requested in the budget. In addition 
to the amount provided, there is expected to be $39,986,000 
available from other sources, including fees, carryover, and 
reimbursements.

                        Federal Judicial Center

                         salaries and expenses

      The conference agreement includes $17,716,000 for the 
fiscal year 1999 salaries and expenses of the Federal Judicial 
Center, as proposed in the Senate bill, instead of $18,000,000 
as provided in the House bill.

                       Judicial Retirement Funds

                  payment to the judiciary trust funds

      The conference agreement includes $37,300,000 for payment 
to the various judicial retirement funds as provided in both 
the House and Senate bills.

                  United States Sentencing Commission

                         salaries and expenses

      The conference agreement includes $9,487,000 for the U.S. 
Sentencing Commission, instead of $9,600,000 as provided in the 
House bill, and $9,374,000 as provided in the Senate bill. 
There is substantial uncertainty as to the requirements for the 
Commission in fiscal year 1999 as well as to concerns about 
whether the Commission will be able to reach decisions given 
the number of Commissioner vacancies.

                   General Provisions--The Judiciary

      Section 301.--The conference agreement includes section 
301 as provided in both the House and Senate bills, with minor 
technical differences, allowing appropriations to be used for 
services as authorized by 5 U.S.C. 3109.
      Sec. 302.--The conference agreement includes section 302, 
as included in the House bill, providing the Judiciary with the 
authority to transfer funds between appropriations accounts but 
limiting, with certain exceptions, any increase in an account 
to 10 percent, instead of the Senate provision which would have 
limited the increase to 20 percent.
      Sec. 303.--The conference agreement includes section 303, 
included in both the House and Senate bills, with minor 
technical differences, allowing up to $10,000 of salaries and 
expenses funds provided in this title to be used for official 
reception and representation expenses of the Judicial 
Conference of the United States.
      The conference agreement does not include a provision 
included in the Senate bill, which would have allowed a cost-
of-living increase in judges' salaries.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    Diplomatic and consular programs

      The conference agreement includes a total of 
$1,644,300,000 for Diplomatic and Consular Programs, instead of 
$1,657,890,000 as included in the House bill and $1,685,794,000 
as included in the Senate bill. This amount includes a direct 
appropriation of $1,644,300,000 instead of $1,631,490,000 as 
provided in the House bill and $1,685,094,000 as provided in 
the Senate bill. In Title II of the Emergency Supplemental 
included in this bill, $25,700,000, to remain available until 
expended, is provided for increased security overseas to 
continue the antiterrorism initiatives included in the fiscal 
year 1997 appropriations Act, instead of under this account, as 
provided in the House bill.
      The conference agreement does not include any provision 
for expenditure of registration fees collected pursuant to 
section 38 of the Arms Export Control Act, as amended, even 
though $700,000 for that purpose was included in both House and 
Senate bills. The reason for this deletion is that the National 
Defense Authorization Act for fiscal year 1999 contained a 
provision making those fees a permanent, indefinite 
appropriation, which means those fees will be available without 
separate appropriation action. Note is taken of the statutory 
change in export licensing responsibility for commercial 
satellites from the Commerce Department administered Commerce 
Control List to the State Department administered U.S. 
Munitions List. The conference agreement provides $2,000,000 
over fiscal year 1998 levels for the Office of Defense Trade 
Controls. That office is directed to apply increased resources 
to hiring additional senior personnel (GS-13 through GS-15) and 
support staff to improve scrutinyof export license 
applications, enhance end-use monitoring, and strengthen compliance 
enforcement measures to ensure that U.S. technology is properly 
safeguarded when exported.
      The conference report also includes a provision to 
collect and deposit as an offsetting collection to this account 
Machine Readable Visa fees in fiscal years 1999 and 2000 to 
recover authorized costs. The Senate bill included a similar 
provision but would have made it permanent. The House bill did 
not include a provision on this matter.
      The conference report includes language making available 
$500,000 for the National Law Center for Inter-American Free 
Trade, as provided in the Senate bill. The House bill did not 
include a similar provision.
      The conference agreement does not include a provision 
transferring $13,000,000 to the East-West Center, which was 
proposed in the Senate bill. The House bill did not include a 
similar provision.
      The conference report contains a provision allowing not 
to exceed 20 percent of the amounts available under this 
account and the Salaries and Expenses accounts to be 
transferred between the two accounts, as provided in the House 
bill. The Senate bill did not contain a provision on this 
matter, but instead proposed changing the overall transfer 
authority for this Title under section 402.
      The amount provided in the conference agreement is 
slightly above the current services requirement for the 
Department. Within this amount, and within any savings the 
Department identifies, the Department will have the ability to 
propose that these funds be used for needs not funded by the 
recommendation, including high priority program increases such 
as China 2000, through the normal reprogramming process. With 
respect to China 2000, it is expected that language training 
will be provided prior to personnel being sent to China.
      The language in the House report under this heading is to 
be followed in expending fiscal year 1999 funds. In addition, 
this statement of managers adopts by reference the provisions 
in the Senate report addressing the Arctic Council, the Bering 
Straits Commission, and the Multi-lateral High Level 
Conference.
      The Senate provision prohibiting the expenditure of funds 
on non-reimbursable details, details to non-government 
organizations, or details as faculty advisers until the 
Secretary certifies that embassy manning is at 100 percent of 
the requirements set by the overseas staffing model has not 
been adopted. Instead, the Department is directed to provide 
the Committees on Appropriations with a report justifying the 
aforementioned details not later than December 31, 1998. To the 
degree that non-reimbursable details can be eliminated or 
converted to reimbursable details, the resultant savings can be 
used to hire additional Foreign Service Officers.

                         salaries and expenses

      The conference agreement includes a total of $355,000,000 
for Salaries and Expenses, instead of $365,235,000 as proposed 
in the House bill and $349,474,000 as proposed in the Senate 
bill.
      The conference agreement moves the cost of the renovation 
of the Main State Building from this account to the Security 
and Maintenance of U.S. Missions, as proposed in the Senate 
bill. Taking this into account, the amount provided for this 
account allows $7,813,000 of requested adjustments to base. To 
the extent that savings are identified by the Department, they 
can be used to restore the remaining adjustments to base. The 
only program increase requested for this account was for the 
cost of the renovation of the Main State Building, which has 
been addressed in another account.
      The conference agreement includes a provision 
transferring $813,333 to the Presidential Advisory Commission 
on Holocaust Assets in the United States, as proposed in the 
House bill. The Senate bill did not include a similar 
provision.

                        capital investment fund

      The conference agreement includes $80,000,000 for the 
Capital Investment Fund, the amount included in the House bill, 
instead of $118,340,000 as proposed in the Senate bill. This 
represents the amount of the request not associated with year 
2000 computer conversion costs. Year 2000 conversion costs of 
$38,340,000 included in the request and additional costs 
identified since the time of the budget request are anticipated 
to be addressed through funds that may be provided separately 
for U.S. Government-wide year 2000 compliance.
      The provisions in the House report are adopted by 
reference.

                      office of inspector general

      The conference agreement includes $27,495,000 for the 
Office of Inspector General, which has jurisdiction over the 
Department of State, the United States Information Agency, and 
the Arms Control and Disarmament Agency, as proposed in the 
Senate bill, instead of $28,000,000 as proposed in the House 
bill.
      It is recommended that the Inspector General exercise 
appropriate oversight over the International Commissions funded 
under this title.

                       representation allowances

      The conference agreement includes $4,350,000 for 
Representation Allowances, instead of $4,200,000 as proposed in 
the House bill and $6,500,000 as proposed in the Senate bill. 
The Senate bill recommended the consolidation of representation 
funds, including those provided under the Emergencies in the 
Diplomatic and Consular Service, and included new bill language 
citations to implement that recommendation. The conference 
agreement retains the current structure.

              protection of foreign missions and officials

      The conference agreement includes $8,100,000 for 
Protection of Foreign Missions and Officials, as provided in 
the House bill, instead of $7,900,000 as provided in the Senate 
bill.

           security and maintenance of united states missions

      The conference agreement includes $403,561,000 for this 
account, instead of $396,000,000 as proposed by the House, and 
$550,832,000 as proposed by the Senate. This amount includes 
$7,561,000 for the renovation of the Main State Building, as 
proposed in the Senate bill, instead of funding under the 
Salaries and Expenses account as recommended in the House bill. 
In addition, the budget request indicated a planned expenditure 
of $126,128,000 from proceeds of sale of surplus property for 
opportunity purchases and capital projects.
      The Department is directed to submit, and receive 
approval for, a financial plan for the funding provided here 
under this account, whether from direct appropriations or 
proceeds of sales, prior to the obligation or expenditure of 
funds for capital and rehabilitation projects. The plan shall 
include project-level detail, and shall be provided to the 
Appropriations Committees not later than 30 days after the date 
of enactment ofthis Act. Any deviation from the plan after 
approval shall be treated as a reprogramming in the case of an addition 
greater than $500,000 or as a notification in the case of a deletion, a 
project cost overrun exceeding 25 percent, or a project schedule delay 
exceeding 6 months. Notification requirements also extend to the 
rebaselining of a given project's cost estimate, schedule, or scope of 
work.
      As in the past, immediate notification is expected if 
there are facilities that the Department believes pose serious 
security risks.

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

      The conference agreement includes $5,500,000 for 
Emergencies in the Diplomatic and Consular Service account, as 
provided in the House bill, instead of $3,500,000, as provided 
in the Senate bill.

                   REPATRIATION LOANS PROGRAM ACCOUNT

      The conference agreement includes a total appropriation 
of $1,200,000 for the Repatriation Loans Program account, as 
provided in the House bill, instead of $1,000,000 as provided 
in the Senate bill.

              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

      The conference agreement includes $14,750,000 for the 
Payment to the American Institute in Taiwan account, instead of 
$15,000,000 as proposed in the House bill, and $14,490,000 as 
proposed in the Senate bill.

     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

      The conference agreement includes $132,500,000 for the 
Payment to the Foreign Service Retirement and Disability Fund 
account, as provided in both the House and Senate bills.

              International Organizations and Conferences

              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

      The conference agreement includes $922,000,000 for 
Contributions to International Organizations to pay the costs 
assessed to the United States for membership in international 
organizations, instead of $914,000,000 as proposed in the House 
bill, and $1,131,718,000 as proposed in the Senate bill, of 
which $877,718,000 was for current year assessments, and 
$254,000,000 was for payment of arrearages to the United 
Nations. The conference agreement includes all arrearage 
payments under a separate account.
      The conference agreement includes language providing that 
none of the funds can be used for the U.S. share of interest 
costs for loans incurred after October 1, 1984 through external 
borrowings, as provided in the House bill. The Senate bill did 
not contain a similar provision.
      The conference agreement contains a provision that 
$100,000,000 may be made available to the United Nations only 
on a semi-annual basis pursuant to a certification that the 
U.N. has taken no action to cause the U.N. to exceed the 
expected 1998-1999 budget of $2,533,000,000, as provided in the 
House bill. The Senate bill contains no similar provision.
      The conference agreement includes a provision that not to 
exceed $15,000,000 shall be transferred from this account to 
the International Conferences and Contingencies (ICC) account 
for United States contributions to the Comprehensive Nuclear 
Test Ban Treaty Preparatory Commission for specified purposes, 
as provided in the House bill. The Senate bill did not contain 
a provision on this matter. The first $385,000 of such transfer 
is to be spent on upgrading, operating, and maintaining 
international monitoring sites described in the Senate report 
under the Arms Control and Disarmament Agency. The State 
Department is expected to consult with the Committees on 
Appropriations prior to such a transfer.
      The conference agreement also includes a provision 
permitting not to exceed $1,223,000 to be transferred to the 
ICC account for assessed contributions to new or provisional 
organizations or for travel expenses of official delegates to 
international conferences, subject to reprogramming 
requirements, as provided in the Senate bill. The House bill 
did not contain a provision on this matter.
      The conference agreement includes $2,000,000 to establish 
an international center for response to chemical, biological 
and nuclear weapons, instead of $2,400,000 as proposed in the 
Senate bill. The House bill did not contain a provision on this 
matter.
      The conference agreement does not contain a number of 
provisions in the Senate bill relating to payment of 
arrearages. Arrearages are addressed in a separate account.
      The $922,000,000 provided by the conference agreement is 
expected to be sufficient to fully pay assessments to 
international organizations. In fiscal year 1998, the total 
required from fiscal year 1998 appropriations to fully pay 
assessments was $869,103,000. With excess fiscal year 1998 
funds, the Department has prepaid $19,953,000 of the fiscal 
year 1999 assessment to the United Nations.
      Within the request, there are a number of assessments 
that are not required, including the International Seabed 
Authority and the International Tribunal of the Law of the Sea. 
In addition, no funding is provided for the Inter-American 
Indian Institute, the Interparliamentary Union, and the Bureau 
of International Expositions. In addition, the Department is 
apparently contemplating for the first time not withholding 
funds that it believes constitute an overpayment to the tax 
equalization fund at the U.N., which, if current policies were 
continued, would save approximately $7,000,000.
      To the extent that, due to unanticipated exchange rate 
changes, the amount is not sufficient to fully pay assessments, 
the conferees intend that funds be provided to the highest 
priority organizations as indicated in the House report.
      The Statement of Managers does not adopt a Senate 
provision tying release of payments to international 
organizations to certification that the overhead costs of a 
given international organization account for no more than 15 
percent of the total budget of that organization. Instead, the 
Department is directed to update its report on international 
organization overhead rates. The report should include a clear, 
consistent definition of overhead costs, and should be 
delivered to the Committees on Appropriations no later than 
March 13, 1999. To the degree that resources in this account 
fall short of needs, the Department should withhold payments 
from organizations with the highest overhead rates. The 
Department is expected to consult with the Committees on 
Appropriations should reductions become necessary.
      The conference agreement intends that the funding 
provided under this account be for assessments for all 
international organizations. The Senate bill proposed to 
transfer funding for 7 commodity-based organizations to the 
Commerce Department and 3 justice-related organizations to the 
Justice Department.
      The conference report includes a new provision, not 
included in either the House or Senate bill, which would ensure 
that the Department has the authority to pay for the full U.S. 
assessment to the civil budget of the North Atlantic Treaty 
Organization.
      Provisions in the House report relating to a report on 
budget reductions and reforms in international organizations, 
Israel's acceptance into the Western Europe and Other Group 
regional bloc, the Pan American Health Organization, and no 
funding for worldwide conferences are adopted by reference.

        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

      The conference agreement provides $231,000,000 for 
Contributions for International Peacekeeping Activities, 
instead of $220,000,000, as proposed in the House bill, and 
$431,093,000 as proposed in the Senate bill, of which 
$210,093,000 was for payment of current year peacekeeping 
assessments and $221,000,000 was for payment of peacekeeping 
arrearages. The conference agreement addresses arrearages under 
a separate account.
      The conference agreement includes a provision that 
prohibits obligation or expenditure of funds for new or 
expanded U.N. peacekeeping missions unless, at least 15 days 
prior to the Security Council vote, the appropriate Committees 
of the Congress are notified of the estimated cost and length 
of the mission, the vital national interest that will be 
served, and the planned exit strategy; and a reprogramming of 
funds is submitted setting forth the source of funds that will 
be used to pay for the cost of the new or expanded mission, as 
included in the House bill. The Senate bill did not contain a 
provision on this matter.
      The conference agreement contains a provision requiring a 
certification that American manufacturers and suppliers are 
being given opportunities to provideequipment, services, and 
material for U.N. peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers, as provided in the House bill. The 
Senate bill did not contain a provision on this matter.
      In addition, the conference agreement includes a 
provision prohibiting funds from being used to pay the United 
States share of the cost of judicial monitoring that is part of 
any United Nations peacekeeping mission. Thus, if any current 
or future peacekeeping operation includes judicial monitoring 
as one of its functions, the U.S. will have to withhold its 
proportionate share of the cost of any court monitoring that is 
included in such a mission. This provision was not included in 
either the House or the Senate bill.
      The conference agreement does not include several 
provisions relating to arrearages that were included in the 
Senate bill, as arrearages are addressed under a separate 
account.
      This statement of managers adopts by reference language 
in the House report making it clear that the Department is 
expected to live within the appropriation; requiring 
reprogramming requirements for certain missions that may 
continue, but for which information has either not been 
provided or is under consideration; requiring a report on 
waste, fraud and abuse in peacekeeping operations, and to take 
all actions necessary to prevent conversion of loaned employees 
into permanent positions at the United Nations. This statement 
of managers adopts by reference language in the Senate report 
urging the Department to pursue cost-sharing arrangements on 
peacekeeping missions and directing the State Department to 
block any effort to convert Rapidly Deployable Mission 
Headquarters funding from voluntary to assessed contributions.

                           ARREARAGE PAYMENTS

      The conference agreement includes $475,000,000 for 
arrearage payments, as proposed in the House bill under this 
account, instead of $254,000,000 and $221,000,000 as proposed 
in the Senate bill under Contributions to International 
Organizations and Contributions for International Peacekeeping, 
respectively. The conference agreement makes the expenditure of 
these funds contingent upon enactment of an authorization, and 
upon a reduction in the U.S. assessment rate for the U.N. 
regular budget to at least 22 percent, and for peacekeeping to 
at least 25 percent, as proposed in the House bill.
      These conditions, including those conditions pending as 
part of the authorization, are intended to assure that real and 
substantial reforms are achieved at the U.N. prior to payment 
of arrearage funding, and to assure assessment reductions that 
will provide long-term savings to the American taxpayer.

                       International Commissions

 INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

                         SALARIES AND EXPENSES

      The conference agreement includes $19,551,000 for 
Salaries and Expenses of the International Boundary and Water 
Commission (IBWC), instead of $18,490,000 as proposed in the 
House bill, and $17,490,000 as proposed in the Senate bill. The 
total amount provided in the conference agreement for Salaries 
and Expenses and Construction is the same as was provided in 
the House bill. However, $1,061,000 has been moved from 
Construction to Salaries and Expenses to address a situation 
brought to the attention of the conferees by the Department. 
Costs for operation of the South Bay International Wastewater 
Treatment Plant are higher than budgeted due mainly to the 
requirement to monitor the ocean water after the new plant 
begins discharging treated wastewater. Appropriated and 
carryover funds are sufficient in the Construction account to 
address this additional need as well as to carry on planned 
construction activities, but the amount of funds required to be 
transferred to the Salaries and Expenses account exceeds the 
transfer authority available. Consequently, the adjustment was 
requested to be made a part of the conference report. Carryover 
funds from within the Construction account from the Tijuana 
Sanitation Project are to be used to make up the reduction in 
Construction funds caused by the switch.
      The statement of managers adopts by reference language in 
the House report relating to the Nogales Wash.

                              Construction

      The conference agreement includes $5,939,000 for the 
Construction account of the IBWC, instead of $7,000,000 as 
proposed in the House bill and $6,463,000 as proposed in the 
Senate bill. As explained under the previous account, 
$1,061,000 has been moved from the House amount for 
Construction to Salaries and Expenses to cover an unbudgeted 
need that could not be solved through a transfer of funds after 
enactment of this appropriation. However, carryover from the 
Tijuana Sanitation Project is available to allow the 
Construction account to carry out planned projects. It is 
intended that $2,000,000 be provided for the Rio Grande 
Canalization project.

              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

      The conference agreement includes $5,733,000 for the U.S. 
share of expenses of the International Boundary Commission, the 
International Joint Commission, United States and Canada, and 
the Border Environment Cooperation Commission, instead of 
$5,490,000 as provided in both the House and Senate bills. The 
conference level will provide funding for the International 
Joint Commission at the request level, and the International 
Boundary Commission and the Border Environment Cooperation 
Commission at the fiscal year 1998 level.

                  International Fisheries Commissions

      The conference agreement includes $14,549,000 for the 
U.S. share of the expenses of the International Fisheries 
Commissions and related activities, as proposed in the Senate 
bill, instead of $14,490,000 as proposed in the House bill. The 
distribution of funds is to be provided as requested in the 
budget.

                                 Other

                     PAYMENT TO THE ASIA FOUNDATION

      The conference agreement includes $8,250,000 for the 
Payment to the Asia Foundation account, the amount provided in 
the House bill, instead of no funding, as provided in the 
Senate bill. The increase over the fiscal year 1998 level is to 
be used for the purposes described in the House report.

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                ARMS CONTROL AND DISARMAMENT ACTIVITIES

      The conference agreement includes $41,500,000 for the 
Arms Control and Disarmament Agency (ACDA), as proposed in the 
House bill, instead of $43,400,000 as proposed in the Senate 
bill. The Agency is directed to provide a detailed financial 
plan to the Committees within 30 days of enactment of this Act, 
setting forth how these fundswill be distributed to fund basic 
operating expenses. Funding for activities other than basic operating 
expenses that are identified in the financial plan will be subject to 
the $500,000 reprogramming threshold in section 605 of this Act. Any 
variation from the plan that falls within the reprogramming criteria of 
section 605, including spending for activities that do not constitute 
operating expenses, shall be subject to reprogramming. If the Agency is 
contemplating changes to its financial plan, the Agency is expected to 
consult with the Committees to determine whether those changes fall 
within the reprogramming criteria prior to undertaking such action.

                    United States Information Agency

                   INTERNATIONAL INFORMATION PROGRAMS

      The conference agreement includes $455,246,000 for 
International Information Programs of the United States 
Information Agency (USIA) instead of $457,146,000 as proposed 
in the House bill, and $427,097,000 as proposed in the Senate 
bill. It is expected that the program direction included in 
both the House and Senate reports shall be followed.

                            TECHNOLOGY FUND

      The conference agreement includes no funding under the 
Technology Fund account as proposed in the House bill, instead 
of $5,050,000 as proposed in the Senate bill. It is expected 
that USIA will be able to meet its highest priority technology 
funding needs by using the available carryover funds in this 
account, and through other appropriations that may be available 
separately for Year 2000 compliance. In addition, under the 
Educational and Cultural Exchange Programs account, the 
conference agreement provides authority to transfer up to 
$2,000,000 to this account for technology requirements other 
than Year 2000 compliance.

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

      The conference agreement includes $202,500,000 for 
Educational and Cultural Exchange Programs instead of 
$200,000,000 as proposed in the House bill and $205,024,000 as 
proposed in the Senate bill. The conference agreement also 
provides that not to exceed $800,000 may be credited to this 
appropriation from fees and other payments.
      The availability of significant carryover and recovery 
funds in this account is noted, and USIA is directed to submit 
a proposal, no later than December 31, 1998, through the normal 
reprogramming process for the distribution of the total 
resources available in this account. Such a distribution shall 
include funding for the following programs at not less than the 
amounts designated. In addition, all programs specifically 
mentioned in the House and Senate reports, but not mentioned in 
the following list shall be supported to the maximum extent 
possible: Fulbright Academic Exchanges--$95,000,000; 
Educational Advising and Student Services--$3,100,000; English 
Language Programs--$2,479,000; Council of Overseas American 
Research Centers--$300,000; American Overseas Research 
Centers--$1,700,000; South Pacific Exchanges--$500,000; 
International Visitors Program--$41,270,000; Congress-Bundestag 
Youth Exchange--$2,400,000; Pepper Scholarships--$250,000; 
Executive Education Program for Central European Business and 
Professional Leaders--$275,000; Mike Mansfield Fellowships--
$2,200,000; U.S./Mexico Conflict Resolution Center--$500,000; 
Institute for Representative Government--$400,000; National 
Youth Science Camp of the Americas--$100,000; 
Interparliamentary Exchanges with Korea and China--$150,000; 
1999 Women's World Cup--$2,000,000 and Special Olympics--
$1,250,000. In addition, the distribution of funds shall 
include funding, to the maximum extent possible, for the 
Disability Exchange Clearinghouse program.
      It is intended that the amount provided for the Congress-
Bundestag Youth Exchange will support 380 exchanges.
      USIA is again encouraged to introduce more competition to 
improve the quality and lower the costs of exchange programs. 
USIA is expected to continue to consult with the Committees to 
ensure that the competition for the administration of the 
Fulbright senior scholar program will address the issue of 
competition on a regional basis so as to maximize the 
availability of competitor organizations.
      The conference agreement includes bill language not 
proposed in either bill which allows the transfer of not to 
exceed $2,000,000 from the funds made available in this account 
to the Technology Fund account to provide for the costs of high 
priority technology requirements other than Year 2000 
compliance.

           EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

      The conference agreement includes language as provided in 
both the House and Senate bills, allowing all interest and 
earnings accruing to the Trust Fund in fiscal year 1999 to be 
used for necessary expenses of the Eisenhower Exchange 
Fellowships.

                    ISRAELI ARAB SCHOLARSHIP PROGRAM

      The conference agreement includes language as provided in 
both the House and Senate bills, allowing all interest and 
earnings accruing to the Scholarship Fund in fiscal year 1999 
to be used for necessary expenses of the Israeli Arab 
Scholarship Program.

                 INTERNATIONAL BROADCASTING OPERATIONS

      The conference agreement includes $362,365,000 for 
International Broadcasting Operations, instead of $383,957,000 
as proposed in the House bill, and instead of $332,915,000 as 
proposed in the Senate bill. The conference agreement adopts 
the approach proposed in the Senate bill for broadcasting to 
Cuba. No funds for broadcasting to Cuba are included under this 
account, as proposed by the House, but rather, all funding for 
broadcasting to Cuba is included under a separate account, as 
proposed by the Senate, consistent with the fiscal year 1998 
appropriations Act.
      The amount provided includes all requested adjustments to 
base. In addition, the conference agreement includes a program 
increase of $2,600,000 above the amount requested for Radio 
Free Asia (RFA). Total fiscal year 1999 funding of $22,000,000 
for RFA provides the annualized costs of fiscal year 1998 
program increases for expanded broadcasting to China, and 
additional resources to provide for 24 total broadcast hours 
per day to China in various languages.
      The Agency and the Broadcasting Board of Governors are 
directed to submit to the House and Senate Committees on 
Appropriations, no later than December 31, 1998, a financial 
plan including a distribution of the total resources available 
under this account. In addition, the Broadcasting Board of 
Governors is directed to implement the development of Uighur 
and Macedonian broadcasting by Radio Free Asia and the Voice of 
America, respectively, and to submit details of this 
implementation to the Committees along with the financial plan 
no later than December 31, 1998.
      Within the total amount provided for international 
broadcasting operations, $4,000,000 shall be for the costs of 
Radio Free Iran, a Farsi-language surrogatebroadcasting service 
to Iran, which was initiated by Radio Free Europe/Radio Liberty with 
funding provided in 1998. The conference agreement does not include 
additional funding for Radio Free Europe/Radio Liberty to initiate and 
operate Radio Free Iraq, a new Arabic language broadcast service. 
Funding provided in the 1998 Supplemental Appropriations Act (P.L. 105-
174) was sufficient to support the fiscal year 1998 and fiscal year 
1999 costs of Radio Free Iraq. The conference agreement reflects 
continuing support for the contribution made by Radio Free Europe/Radio 
Liberty to United States national interests.
      In recognition of language included in the Senate report, 
communications with the House and Senate Committees on 
Appropriations on the part of the various broadcasting 
entities, including the independent grantee organizations, 
shall be coordinated through the Broadcasting Board of 
Governors.
      Within the total amount provided for the Voice of 
America, the conference agreement stipulates that the Voice of 
America may initiate expanded programming to Africa under a 
service entitled ``Radio Democracy for Africa,'' subject to 
reprogramming, even if the funds provided are less than the 
thresholds established in section 402 and 605 of this Act. This 
service would expand VOA's reach into Africa by building on 
existing programs, adding more news, and increasing in-country 
reporting on a continent where only six of the 54 countries 
have a free press. USIA and the Broadcasting Board of Governors 
shall provide the Committees with a detailed plan justifying 
the specific amounts dedicated to Radio Democracy for Africa.

                          BROADCASTING TO CUBA

      The conference agreement includes $22,095,000 for 
Broadcasting to Cuba under a separate account, as proposed in 
the Senate bill, instead of $21,992,000 within the total for 
International Broadcasting Operations, as proposed in the House 
bill.

                           Radio Construction

      The conference agreement includes $13,245,000 for Radio 
Construction, as proposed in the Senate bill, instead of 
$16,308,000 as proposed in the House bill. This account 
provides funding for the following activities: maintenance, 
improvements, replacements and repairs; satellite and 
terrestrial program feeds; engineering support activities; and 
broadcast facility leases and land rentals.
      The conference agreement takes into account the 
availability of approximately $10,700,000 in carryover 
balances, and the transfer of $2,866,000 in fiscal year 1998 
from the International Broadcasting Operations account to 
support the retrofitting of transmitters with solid state 
modulators, originally budgeted as a fiscal year 1999 cost.
      The conference agreement acknowledges the presence once 
again of large carryover balances attributed to the Digital 
Project. The Broadcasting Board of Governors is directed to 
submit to the Committees quarterly reports on the status of the 
project, including information on planned and actual 
obligations.

                            EAST-WEST CENTER

      The conference agreement includes $12,500,000 for 
operations of the East-West Center, instead of no funds, as 
proposed in the House bill, and $12,000,000, as proposed in the 
Senate bill. The conference agreement does not include a 
transfer of $13,000,000 from the Department of State, 
Diplomatic and Consular Programs account, as proposed in the 
Senate bill.

                           NORTH/SOUTH CENTER

      The conference agreement includes $1,750,000 for 
operations of the North/South Center, instead of no funds, as 
proposed in the House bill, and $3,000,000, as proposed in the 
Senate bill.

                    NATIONAL ENDOWMENT FOR DEMOCRACY

      The conference agreement includes $31,000,000 for the 
National Endowment for Democracy as proposed in the House bill, 
instead of $30,500,000 as proposed in the Senate bill.

      General Provisions--Department of State and Related Agencies

      Section 401.--The conference agreement includes section 
401, as provided in the Senate bill, permitting use of funds 
for allowances, differentials, and transportation. The House 
bill contained a similar provision, with minor technical 
changes.
      Sec. 402.--The conference agreement includes section 402, 
as provided in the House bill, dealing with transfer authority. 
The Senate bill contained a similar provision, with minor 
technical changes.
      Sec. 403.--The conference agreement includes a provision, 
as proposed in the House bill, to allow payment of a border 
equalization adjustment to approximately 20 employees of the 
Department of State and other agencies who are not members of 
the Foreign Service, live in the United States, but commute to 
work in locations in Mexico and Canada. This section will 
equalize pay for these employees based on the locality pay 
rates paid for service performed in the United States within 
the locality pay areas closest to the employees' foreign duty 
station. The Senate bill did not include a provision on this 
matter.
      Sec. 404.--The conference agreement includes section 404, 
as proposed in the House bill, permitting the Japan-U.S. 
Friendship Commission to interchange funds between its dollar 
and yen trust funds to maximize return on investments. The 
Senate had a similar provision as section 617 under Title VI, 
with minor technical differences. The Conference agreement does 
not include additional language, as proposed in the House bill, 
providing for the name of the Commission to be changed to the 
United States-Japan Commission.
      Sec. 405.--The conference agreement includes section 405, 
as provided in the House bill, authorizing the Director of USIA 
to administer summer travel and work programs without regard to 
preplacement requirements. The Senate bill did not include a 
provision on this matter.
      Sec. 406.--The conference agreement includes section 406, 
as provided in the House bill, extending privileges and 
immunities to the United Nations Industrial Development 
Organization to the same extent as would apply if the U.S. were 
a member of that organization. The Senate bill did not include 
a provision on this matter.
      Sec. 407.--The conference agreement includes section 407, 
as provided in the House bill, extending law enforcement 
availability pay to diplomatic security agents of the 
Department of State. The Senate bill did not include a 
provision on this matter.
      Sec. 408.--The conference agreement includes section 408, 
a modified version of a provision numbered section 403 in the 
Senate bill, prohibiting the use of funds by the Department of 
State or USIA to provide certain types of assistance to the 
PalestinianBroadcasting Corporation. The conference agreement 
does not include ``training'' among the types of assistance prohibited, 
and deletes the words ``or similar organization'' from the Senate 
provision. The House did not include a provision on this matter, but 
included report language under the USIA section. The conference 
agreement expects that neither the Department of State, nor USIA, shall 
provide assistance to the PBC, or any similar Palestinian media entity, 
which could enable the further restriction of press freedoms or the 
broadcast of inaccurate, inflammatory messages.
      Sec. 409.--The conference agreement includes section 409, 
as proposed in the Senate bill, giving the Secretary of State 
permanent authority to pay tort claims arising in foreign 
countries in connection with the Department's overseas 
operations. The House bill did not contain a provision on this 
matter.
      Sec. 410.--The conference agreement includes section 410, 
which is a modification of a provision in the Senate bill under 
Senate sections 116(b) and 409. This provision amends section 
104 of the Illegal Immigration and Immigrant Responsibility Act 
of 1996 to extend the implementation date for the State 
Department to issue new counterfeit resistant border crossing 
cards by two years. In addition, it establishes a reduced fee 
for the issuance of a border crossing card from Mexico for 
children under 15, to be implemented 6 months from date of 
enactment, requiring the overall machine readable visa fee to 
be adjusted to recover the cost of this reduced fee, and 
requiring that processing of visa applications at certain 
locations in Mexico continue until a date certain. The House 
bill did not include a provision on this matter.
      Sec. 411.--The conference agreement includes section 411, 
not included in either the House or Senate bill, waiving 
provisions of existing legislation that require authorizations 
to be in place for the State Department, the United States 
Information Agency, including International Broadcasting 
Operations, and the Arms Control and Disarmament Agency prior 
to the expenditure of any appropriated funds.
      The conference agreement does not include a provision, as 
proposed in the Senate bill as section 410, requiring the 
Secretary of State to conduct a study on the processing of 
nonimmigrant visas. However, the Department is directed to 
undertake a study to determine the adequacy of staffing at 
United States consular posts, particularly during peak travel 
periods; the adequacy of service to international tourism; the 
adequacy of computer and technical support to consular posts; 
the appropriate standard to determine whether a country 
qualifies as a pilot program country under section 217 of the 
Immigration and Nationality Act; and steps that need to be 
taken and have been taken to implement standards governing the 
timely processing of applications for nonimmigrant visas at 
United States consular posts and to report back to the 
Committees by March 1, 1999.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                       maritime security program

      The conference agreement includes $89,650,000 for the 
Maritime Security Program instead of $97,650,000 as proposed in 
both the House and Senate bill. At least $8,000,000 in 
carryover funding is understood to be available, in addition to 
new appropriations, to provide full funding for the fiscal year 
1999 requirements of the program. This program, funded under 
the allocation for national security programs, provides 
payments to maintain and preserve a U.S.-flag merchant fleet 
for the national security needs of the United States.

                        operations and training

      The conference agreement includes $69,303,000 for the 
Maritime Administration Operations and Training account instead 
of $67,600,000 as proposed in the House bill and instead of 
$69,818,000 as proposed in the Senate bill. Within this amount, 
$32,000,000 shall be for the operation and maintenance of the 
U.S. Merchant Marine Academy, and $6,750,000 shall be for the 
State Maritime Academies. Within the amount for State Maritime 
Academies, $1,200,000 shall be for student incentive payments, 
the same amount as provided in 1998. The Maritime 
Administration is urged to work with the Department of the Navy 
regarding the need to provide future funding in this account 
for student incentive payments.
      In addition, MARAD is expected to comply with report 
language in both the House and Senate reports.

          maritime guaranteed loan (title xi) program account

      The conference agreement provides $6,000,000 in subsidy 
appropriations for the Maritime Guaranteed Loan Program as 
proposed in both the House and Senate bills. This amount will 
subsidize a program level of not more than $1,000,000,000 as 
proposed in both the House and Senate bills.
      The conference agreement also included $3,725,000 for 
administrative expenses associated with the Maritime Guaranteed 
Loan Program as proposed in the House bill, instead of 
$4,000,000 as proposed in the Senate bill. The amount for 
administrative expenses may be transferred to and merged with 
amounts under the MARAD Operations and Training account.

           Administrative Provisions--Maritime Administration

      The conference agreement includes provisions contained in 
both the House and Senate bills involving Government property 
controlled by MARAD, the accounting for certain funds received 
by MARAD, and a prohibition on obligations from the MARAD 
construction fund.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

      The conference agreement provides $265,000 for the 
Commission for the Preservation of America's Heritage Abroad, 
instead of $280,000 as proposed in the House bill and $250,000 
as proposed in the Senate bill. The Commission is expected to 
comply with the program direction included in the Senate 
report.

                       Commission on Civil Rights

                         salaries and expenses

      The conference agreement includes $8,900,000 for the 
salaries and expenses of the Commission on Civil Rights as 
proposed in the Senate bill, instead of $8,740,000 as proposed 
in the House bill.
      Concerns remain about the state of basic management 
controls at the Commission. The conference agreement is based 
on the expectation that the Commission will continue its 
efforts to establish accountability for resources, and improve 
management controls. The Commission shall submit a report not 
later than January 31, 1999, detailing the Commission's 
activities since last year's GAO report to improve resource and 
project management. In addition, the Commission shall submit, 
not later than January 31, 1999, a comprehensive financial plan 
for fiscal year 1999 accounting for total available resources 
by project and activity.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

      The conference agreement includes $1,170,000 for the 
Commission on Security and Cooperation in Europe as proposed in 
the House bill, and instead of $1,159,000 as proposed in the 
Senate bill.

                Equal Employment Opportunity Commission

                         salaries and expenses

      The conference agreement includes $279,000,000 for the 
salaries and expenses of the Equal Employment Opportunity 
Commission, instead of $260,500,000 as proposed in the House 
bill, and $253,580,000 as proposed in the Senate bill.
      Within the total amount, the conference agreement 
includes $29,000,000 for payments to State and local Fair 
Employment Practices Agencies (FEPA's) for services to the 
Commission, instead of $28,000,000 as proposed in the House 
bill and $27,500,000 as proposed in the Senate bill. The 
additional funds provided above the request for this item shall 
be used to reimburse FEPA's, for additional charge resolutions.
      The conference agreement provides full funding for 
adjustments to base, an increase of $1,500,000 for FEPA's, and 
additional funding for program increases, including $9,690,000 
for necessary automation improvements at the EEOC. This 
increase includes requirements for Year 2000 compliance. 
Additional resources are provided for program increases to 
support improvements to the investigation and resolution of 
actual individual charges of discrimination. These resources 
will allow the EEOC to continue to reduce the backlog of 
pending private sector charges, and to significantly expand the 
use of alternative dispute resolution to resolve private sector 
charges. The EEOC is directed to submit to the Committees a 
distribution of the total amount of funds under this account, 
no later than December 15, 1998, including plans for the 
implementation of program increases, making reference to the 
specific direction included in the House and Senate reports. 
This distribution shall be considered by the Committees under 
the reprogramming guidelines in section 605 of this Act.

                   Federal Communications Commission

                         salaries and expenses

      The conference agreement includes a total of $192,000,000 
for the salaries and expenses of the Federal Communications 
Commission (FCC) instead of $181,514,000 as proposed in the 
House bill, and $197,921,000 as proposed in the Senate bill. Of 
the amounts provided, $172,523,000 is to be derived from 
offsetting fee collections, as proposed in both the House and 
Senate bills, resulting in a net direct appropriation of 
$19,477,000, instead of $8,991,000 included in the House bill, 
and $25,398,000 included in the Senate bill.
      The conference agreement includes language included in 
both the House and Senate bills, and included in previous 
appropriations Acts, allowing fees in excess of the amounts 
specified to remain available for expenditure in future years. 
In addition, language is also included, as recommended in the 
House bill and included in previous appropriations Acts, 
allowing funds provided for research and policy studies to 
remain available for two years. The Senate bill made such funds 
available for one year.
      The FCC is directed to submit, no later than December 15, 
1999, a financial plan proposing a distribution of all funds in 
this account, subject to the reprogramming requirements under 
section 605 of this Act.
      The conference agreement does not include a requested 
funding increase for Year 2000 compliance requirements. The 
Commission is expected to be able to meet these requirements 
through funds that may be appropriated separately for that 
purpose.
      The conference agreement does not include a provision, as 
proposed in the House bill, prohibiting the use of funds for 
rental of headquarters space at the Portals II building 
assessed by the General Services Administration, or for any 
relocation expenses, until such time as ongoing investigations 
by the Congress and the Department of Justice determine that 
the lease agreement was lawfully entered into by the parties 
involved.
      It is noted that operators of public safety radio systems 
are concerned about interference on frequencies they use for 
emergency dispatch crews, and FCC is encouraged to consider 
measures to address this concern through prior coordination of 
radio systems.

                      Federal Maritime Commission

                         salaries and expenses

      The conference agreement includes $14,150,000 for the 
salaries and expenses of the Federal Maritime Commission, 
instead of $14,000,000 as proposed in the House bill and 
$14,300,000 as proposed in the Senate bill.

                        Federal Trade Commission

                         salaries and expenses

      The conference agreement includes a total operating level 
of $116,679,000 for the Federal Trade Commission, instead of 
$111,867,000 as proposed in the Senate bill, and $110,490,000 
as proposed in the House bill. The conference agreement assumes 
that of the amount provided, $76,500,000 will be derived from 
fees collected in fiscal year 1999 and $30,000,000 will be 
derived from estimated unobligated fee collections 
availablefrom Fiscal Year 1998. These actions result in a final 
appropriated level of $10,179,000, instead of $3,990,000 as proposed in 
the House bill and $3,167,000 as proposed in the Senate bill.
      Within the amount provided, the FTC shall institute a 
toll-free telephone number to make it easier for citizens to 
contact the U.S. Government with consumer complaints, and 
accelerate and expand the Consumer Sentinel consumer and 
internet fraud database. The conferees also agree to consider 
the use of any unobligated fee collections from 1998 above 
$30,000,000 for this and other consumer protection initiatives, 
subject to the reprogramming requirements outlined in section 
605 of this Act.
      The Commission is expected to follow the direction in the 
House report regarding the standard for ``Made in U.S.A.''.
      It is noted that FTC regulation addressing funeral 
director and funeral service practices does not include 
cemeteries or other third-party merchandise sellers. In order 
to ensure consumers are afforded access to accurate, itemized 
price information and disclosure about burial or funeral goods, 
the FTC is encouraged to review the sales, marketing, price 
disclosure, and other consumer practices of all persons, 
partnerships, corporations, or nonprofit organizations that 
sell burial or funeral products to the public and are not 
covered by the regulation.
      It is understood that the FTC is undertaking a study of 
self-regulatory activities of alcoholic beverage companies to 
address concerns about alcohol advertising and underage 
drinking, and that upon completion of the study, the results 
will be made available to the relevant Committees of Congress. 
Congress, upon review of the report, may have additional areas 
of inquiry for the Commission to investigate.

                       Legal Services Corporation

               PAYMENT TO THE LEGAL SERVICES CORPORATION

      The conference agreement includes $300,000,000 for 
payment to the Legal Services Corporation, as proposed in the 
Senate bill, instead of $250,000,000 as proposed in the House 
bill.
      The conference agreement provides $289,000,000 for grants 
to basic field programs and independent audits, $8,985,000 for 
management and administration, and $2,015,000 for the Office of 
the Inspector General. The conference agreement does not 
include language proposed in the Senate bill to designate 
$300,000 of funds provided under this account for litigation 
associated with Aguilar v. United States. The House bill did 
not address this matter.

          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

      The conference agreement contains language to continue 
the terms and conditions included under this section in the 
fiscal year 1998 Act, as proposed in the House bill. The Senate 
bill contained similar language, but did not propose to 
continue provisions regarding public disclosure of certain 
information and treatment of assets and income for certain 
clients.

                        Marine Mammal Commission

                         SALARIES AND EXPENSES

      The conference agreement includes $1,240,000 for the 
salaries and expenses of the Marine Mammal Commission as 
proposed in both the House and Senate bills.

                       Commission on Ocean Policy

                         SALARIES AND EXPENSES

      The conference agreement appropriates $3,500,000 for the 
Commission on Ocean Policy, as proposed in the Senate bill, 
subject to the enactment of the necessary authorization 
legislation to establish this Commission. The House bill did 
not address this matter.

                   Securities and Exchange Commission

                         SALARIES AND EXPENSES

      The conference agreement includes $324,000,000 for the 
Securities and Exchange Commission as proposed in the House 
bill, instead of $341,098,000 as proposed in the Senate bill. 
The conference agreement includes bill language appropriating 
separately from offsetting fee collections in fiscal years 1998 
and 1999, as proposed in the House bill. The conference 
agreement includes $23,000,000 in new direct appropriations, 
$87,000,000 in fees collected in fiscal year 1998, and 
$214,000,000 in fees to be collected in fiscal year 1999. In 
addition, out of any other resources available to the 
Commission, the conference agreement approves the use of an 
additional $6,000,000 from such funds to supplement the total 
funding available for fiscal year 1999.
      The conference agreement does not include a provision in 
the Senate bill that the total amount appropriated from the 
General Fund for fiscal year 1999 shall be reduced as 
offsetting fees are deposited to this appropriation.
      The conference agreement will provide for the 
Commission's adjustments to base and the requested program 
increases for additional staff and litigation support. The 
Commission is expected to consult with the relevant Committees 
prior to implementing any plan to expand the payment of 
retention allowances in fiscal year 1999.
      No increased funding is provided for Year 2000 automation 
improvements. It is expected that the SEC will be able to meet 
its highest priority requirements through other appropriations 
that may be available separately for Year 2000 compliance.
      It is intended that any offsetting fee collections in 
fiscal year 1999 in excess of $214,000,000 will remain 
available for the Securities and Exchange Commission in future 
years through the regular appropriations process.
      The conference agreement includes the expectation that 
additional program direction contained in the House and Senate 
reports shall be followed.

                     Small Business Administration

                         SALARIES AND EXPENSES

      The conference agreement provides an appropriation of 
$288,300,000 for the Small Business Administration (SBA) 
Salaries and Expenses account, instead of $249,000,000 as 
proposed in the House bill, and $265,000,000 as proposed in the 
Senate bill.
      In addition to amounts made available under this heading, 
the conference agreement includes $94,000,000 for 
administrative expenses under the Business Loans Program 
Account and $116,000,000 for direct disaster loan making and 
servicing administrative expenses under the Disaster Loans 
Program account. These amounts are transferred to and merged 
with amounts available under Salaries and Expenses, resulting 
in total funding of $496,300,000 for SBA operating programs, 
noncredit and other initiatives.
      The conference agreement provides a total of $141,300,000 
for SBA's regular operating expenses under this account. This 
amount includes $2,000,000 for necessaryexpenses of the HUBZone 
program, and $8,000,000 for initiatives to continue the improvement of 
SBA's management and oversight of its loan portfolio. The SBA shall 
submit a plan, prior to the expenditure of resources for portfolio 
management, in accordance with section 605 of this Act.
      In addition, the conference agreement includes language 
under the Business Loans Program Account allowing the transfer 
of up to $20,000,000 from funds previously made available for 
Delta Loan programs to be transferred to and merged with this 
account to supplement funding for operating expenses.
      The conference agreement includes the following amounts 
for noncredit programs:

Small Business Development Centers......................     $82,000,000
7(j) Technical Assistance...............................       2,600,000
Microloan Technical Assistance..........................      16,300,000
SCORE...................................................       3,500,000
Business Information Centers............................         700,000
Women's Business Centers................................       8,000,000
Survey of Women-Owned Businesses........................         750,000
National Women's Business Council.......................         600,000
EZ/EC One Stop Capital Shops............................       3,100,000
US Export Assistance Centers............................       3,100,000
Advocacy Research.......................................         800,000
Veterans Outreach.......................................         750,000
ProNet..................................................         500,000
SBIR Technical Assistance...............................       1,000,000
Drug-free Workplace Grants..............................       4,000,000
Regulatory Fairness Boards..............................         500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     128,200,000

      Small Business Development Centers (SBDC).--Of the 
amounts provided for SBDCs, the conference agreement includes 
$2,000,000 to continue the SBDC Defense transition program as 
directed in the House report; $1,000,000 to continue the 
Environmental Compliance Project as directed in the House 
report; $1,000,000 for the further development of the 
International Trade Data Network as described in the Senate 
report; and $500,000 for the Manchester Manufacturing 
Management Center to provide technical assistance to small 
manufacturers and industrial firms.
      In addition, the conference agreement includes language, 
as proposed in both the House and Senate bills, making funds 
for the SBDC program available for two years.
      Women's Business Centers.--The conference agreement 
includes funding for the Women's Business Centers program at 
$8,000,000, instead of $6,000,000 as proposed in the House bill 
and $9,000,000 as proposed in the Senate bill.
      Microloan Technical Assistance.--The conference agreement 
provides a total availability of $19,400,000 for the Microloan 
Technical Assistance program in fiscal year 1999. Of this 
amount, $16,300,000 is provided in direct appropriations and 
$3,100,000 is to be derived from carryover balances from fiscal 
year 1998.
      Business Information Centers.--The conference agreement 
provides $700,000 for Business Information Centers. This amount 
is intended to support the opening of 6 to 8 new centers, the 
maintenance and enhancement of 60 existing centers, and the 
establishment of a new center in southeastern Oklahoma.
      Small Business Innovation Research.--The conference 
agreement includes $1,000,000 for technical assistance grants 
to States receiving the fewest small business innovation 
research awards, as described in the Senate report.
      Drug-free Workplace Demonstration Grant Program.--The 
conference agreement includes $4,000,000 for a Drug-free 
Workplace Demonstration Program, as described in H.R. 3853, for 
the purpose of providing technical assistance to small business 
concerns seeking to start a drug-free workplace program.
      The conference agreement adopts language included in the 
House report directing the SBA to continue activities assisting 
small businesses to adapt to a paperless procurement 
environment, as well as activities which assist small 
businesses in making the transition to meet both military and 
ISO 9000 quality systems requirements.
      In addition, the conference agreement includes the 
following small business initiatives: $3,500,000 for 
continuation of an outreach program to assist small business 
development; $4,000,000 to develop a facility to increase small 
business opportunities and economic development; $2,000,000 for 
infrastructure to develop a technology and training center; 
$1,500,000 to develop a facility and operate an institute for 
small business and workforce development; $1,500,000 for 
infrastructure to develop a learning and resource center; 
$1,000,000 for a project to develop coal pulverization 
technologies; $1,000,000 for infrastructure for a marine 
science education center; $850,000 for infrastructure for a 
technology transfer center and small business incubator 
facility; $1,000,000 for an institute on applied software 
research; $500,000 for the development of an Internet-based 
information technology curriculum; $200,000 for infrastructure 
for an arts and tourism development facility; $300,000 for 
infrastructure improvements and enrichment projects; $200,000 
for a community development foundation; $1,000,000 for the 
establishment of a training and technology center and 
associated infrastructure improvements; and $250,000 to 
establish a Year 2000 challenge grant program for small 
businesses.

                      OFFICE OF INSPECTOR GENERAL

      The conference agreement provides $10,800,000 for the SBA 
Office of Inspector General, instead of $11,300,000 as proposed 
in the House bill and $10,500,000 recommended in the Senate 
bill.
      Further, an additional $500,000 has been provided under 
the administrative expenses of the Disaster Loans Program to be 
made available to the Office of Inspector General for work 
associated with oversight of the disaster loans program.

                     BUSINESS LOANS PROGRAM ACCOUNT

      The conference agreement includes $224,230,000 under the 
SBA Business Loans Program Account, instead of $228,540,000 as 
proposed in the House bill, and $240,816,000 as proposed in the 
Senate bill. Of these amounts, $45,000,000 is to remain 
available for two years, as proposed in the House bill.
      Of this amount, $2,200,000 is provided for the costs of 
direct loans. This amount is provided for the Microloan Direct 
Loan Program. When combined with $1,600,000 in available 
carryover, this amount will provide for an estimated 1999 
program level of $39,800,000.
      The conference agreement includes $128,030,000 for the 
costs of guaranteed loans, including the following programs:
      7(a) General Business Loans.--The conference agreement 
provides $107,750,000 in subsidy appropriations for the 7(a) 
general business guaranteed loan program, instead of 
$119,400,000 as proposed in both the House and Senate bills. 
When combined with $31,250,000 in available carryover balances 
and recoveries, this amount will subsidize a 1999 program level 
of $10,000,000,000, assuming a subsidy rate of 1.39%. In 
addition, the conference agreement includes a provision, as 
proposed in both the House and Senate bills, requiring the SBA 
to notify the Committees on Appropriations in accordance with 
section 605 of this Act prior to providing a total program 
level greater than $10,000,000,000.
      Small Business Investment Companies (SBIC).--The 
conference agreement provides $20,280,000 for the SBIC 
participating securities and debenture programs, instead of 
$20,230,000 as proposed in the House bill, and $23,600,000 as 
proposed in the Senate bill. Of these amounts, for the 
participating securities program, $16,620,000 is provided in 
subsidy appropriations which, when combined with $2,000,000 in 
prior year carryover, will result in a total program level of 
$850,228,000 in fiscal year 1999. In addition, for the 
debentures program, $3,660,000 is provided which, when combined 
with $3,900,000 in prior year carryover and $1,000,000 in 
available proceeds from stock buybacks will result in a total 
program level of $620,290,000 in fiscal year 1999.
      Microloan Guaranty Programs.--The conference agreement 
does not include new appropriations for the Microloan Guaranty 
Program, as none was requested. Available carryover will 
provide for the subsidy costs of, at least, the requested 1999 
program level of $11,995,000.
      In addition, the conference agreement includes 
$94,000,000 for administrative expenses to carry out the direct 
and guaranteed loan programs, as proposed in the Senate bill, 
instead of $86,910,000 as proposed in the House bill, and makes 
such funds available to be transferred to and merged with the 
appropriations for Salaries and Expenses.

                     DISASTER LOANS PROGRAM ACCOUNT

      The conference agreement includes a total of $192,329,000 
for this account, of which $76,329,000 is for the subsidy costs 
for disaster loans, and $116,000,000 is for the direct 
administrative expenses associated with disaster loan making 
and servicing. The Senate bill provided $94,000,000 only for 
administrative expenses, while the House bill provided a total 
of $216,000,000 for both loan subsidy costs and associated 
administrative expenses.
      For disaster loans, the conference agreement assumes that 
the $76,329,000 subsidy appropriation, when combined with 
$79,475,000 in carryover balances and $20,000,000 in 
recoveries, will provide a total disaster loan program level of 
$786,243,000. The conference agreement takes into account that 
the budget requested no funds for the disaster loan program, 
and included a proposal to increase the interest rate charged 
to disaster victims, a proposal which has been rejected 
previously by the Congress. The Administration is strongly 
urged to realistically assess the level of need for the 
disaster loans program and budget accordingly.
      SBA is reminded that recoveries from loan programs, 
including the Disaster Loan program, are subject to the 
reprogramming procedures set forth in section 605 of this Act.
      Of the amounts provided for administrative expenses, 
$500,000 is to be transferred to and merged with the Office of 
Inspector General account for oversight and audit activities 
related to the Disaster Loans program.

                 SURETY BOND GUARANTEES REVOLVING FUND

      The conference agreement provides $3,300,000 for 
additional capital for the SBA Surety Bond Guarantees Revolving 
Fund as proposed in both the House and Senate bills.

        ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION

      The conference agreement includes a provision providing 
SBA with the authority to transfer funds between appropriations 
accounts, as provided in both the House and Senate bills.

                        State Justice Institute

                         salaries and expenses

      The conference agreement provides $6,850,000 for the 
salaries and expenses of the State Justice Institute (SJI) as 
proposed in both the House and Senate bills. The conference 
agreement does not include the transfer of an additional 
$7,150,000 to this account from the Courts of Appeals, District 
Courts and Other Judicial Services account in Title III as 
proposed in the Senate bill.

                      TITLE VI--GENERAL PROVISIONS

      The conference agreement includes the following general 
provisions:
      Sec. 601.--The conference agreement includes section 601, 
identical in both the House and Senate versions of the bill, 
regarding the use of appropriations for publicity or propaganda 
purposes.
      Sec. 602.--The conference agreement includes section 602, 
identical in both the House and Senate versions of the bill, 
regarding the availability of appropriations for obligation 
beyond the current fiscal year.
      Sec. 603.--The conference agreement includes section 603, 
identical in both the House and Senate versions of the bill, 
regarding the use of funds for consulting services.
      Sec. 604.--The conference agreement includes section 604, 
identical in both the House and Senate versions of the bill, 
providing that should any provision of the Act be held to be 
invalid, the remainder of the Act would not be affected.
      Sec. 605.--The conference agreement includes section 605, 
as included in the House version of the bill, establishing the 
policy by which funding available to the agencies funded under 
this Act may be reprogrammed for other purposes.
      Sec. 606.--The conference agreement includes section 606, 
identical in both the House and Senate versions of the bill, 
regarding the construction, repair or modification of National 
Oceanic and Atmospheric Administration vessels in overseas 
shipyards.
      Sec. 607.--The conference agreement includes section 607, 
identical in both the House and Senate versions of the bill, 
regarding the purchase of American-made products.
      Sec. 608.--The conference agreement includes section 608, 
identical in both the House and Senate bills, which prohibits 
funds in the bill from being used to implement, administer, or 
enforce any guidelines of the Equal Employment Opportunity 
Commission covering harassment based on religion similar to 
proposed guidelines published by the EEOC in October, 1993.
      Sec. 609.--The conference agreement includes section 609, 
as proposed in the House bill, that prohibits use of funds to 
expand U.S. diplomatic presence in Vietnam beyond the level in 
effect on July 11, 1995, unless the President makes a 
certification that several conditions have been met regarding 
Vietnam's cooperation with the United States on POW/MIA issues. 
The Senate bill included a similar provision as section 404, 
with minor technical differences.
      Sec. 610.--The conference agreement includes section 610, 
as proposed in the House bill, prohibiting the use of funds for 
any United Nations peacekeeping mission that involves U.S. 
Armed Forces under the command or operational control of a 
foreign national, unless the President certifies that the 
involvement is in the national security interest, as proposed 
in the House bill. The Senate bill did not contain a provision 
on this matter.
      Sec. 611.--The conference agreement includes section 611 
which prohibits the use of funds to provide certain amenities 
for Federal prisoners, as provided for in both the House and 
Senate bills.
      Sec. 612.--The conference agreement includes a modified 
version of section 612, as proposed in the House bill, 
restricting the use of funds provided under the NationalOceanic 
and Atmospheric Administration for fleet modernization activities. The 
Senate bill did not include a provision on this matter.
      Sec. 613.--The conference agreement includes section 613, 
as proposed in the House bill, which requires agencies and 
Departments funded in this Act to absorb any necessary costs 
related to downsizing or consolidations within the amounts 
provided to the agency or Department. The Senate bill included 
this same provision as section 610, with minor technical 
differences.
      Sec. 614.--The conference agreement includes section 614, 
which prohibits funds made available to the Federal Bureau of 
Prisons from being used to make available any commercially 
published information or material to a prisoner when it is made 
known that such information or material is sexually explicit or 
features nudity. Both the House and the Senate bills included 
this section, but the Senate bill included this as section 611.
      Sec. 615.--The conference agreement includes section 615, 
as proposed in the House bill, which limits funding under the 
Local Law Enforcement Block Grant to 90 percent, to an entity 
that does not provide public safety officers injured in the 
line of duty and as a result separated or retired from their 
jobs, with health insurance benefits equal to the insurance 
they received while on duty. The Senate bill included a similar 
section 612 with a minor technical difference.
      Sec. 616.--The conference agreement includes section 616, 
proposed as section 613 in the Senate bill, which prohibits 
funds from being used to issue a visa to any alien involved in 
extrajudicial and political killings in Haiti. Specifically, 
the provision prohibits issuance of a visa to any person who 
(1) has been credibly alleged to have ordered, carried out, or 
assisted in extrajudicial and political killings of 16 named 
individuals; (2) was included in the list presented to former 
President Aristide by former National Security Advisor Anthony 
Lake; (3) was sought by the FBI in relation to political or 
extrajudicial killings; (4) was involved in the September 1991 
coup or murders occurring between 1991 and 1994; or (5) has 
been credibly alleged to have been a member of the paramilitary 
organization known as FRAPH. The provision gives the Secretary 
of State authority to make exceptions on a case-by-case basis. 
The provision also includes several reporting requirements by 
the Secretary of State to the House International Relations and 
Appropriations Committees and the Senate Foreign Relations and 
Appropriations Committees. The House bill contained no similar 
provision.
      Sec. 617.--The conference agreement includes section 617, 
proposed as section 616 in the House bill, which prohibits 
funds available in this Act from being used to issue or renew a 
fishing permit or authorization for any vessel more than 165 
feet long or greater than 750 gross tons, and with more than 
3,000 shaft horsepower to engage in fishing for Atlantic 
mackerel or herring. In addition, vessels above these 
thresholds are prohibited from engaging in the catching, 
taking, or harvesting of fish in any other fishery within the 
United States exclusive economic zone (EEZ) (except 
territories) unless a certificate of documentation had been 
issued for the vessel and endorsed with a fishery endorsement 
that was effective on September 25, 1997 and such endorsement 
is still valid. In addition, language is included to nullify 
any fishing permit or authorization issued prior to enactment 
of this Act for vessels prohibited under this section from 
engaging in the fishing of Atlantic mackerel or herring, and 
prohibiting funds from being expended to issue a new permit or 
authorization to allow such a vessel whose Atlantic mackerel or 
herring permit has been nullified under this section from 
engaging in the catching, taking, or harvesting of fish in any 
other fishery within the U.S. EEZ. The Senate bill contained a 
similar provision as section 614.
      Sec. 618.--The conference agreement includes a provision, 
Section 618, as proposed in the House bill, prohibiting funds 
provided in this Act from being used to promote the sale or 
export of tobacco or tobacco products, or to seek the reduction 
or removal of foreign restrictions on the marketing of tobacco 
products, provided such restrictions are applied equally to all 
tobacco or tobacco products of the same type. This provision is 
not intended to impact routine international trade services 
provided to all U.S. citizens, including the processing of 
applications to establish foreign trade zones. The Senate bill 
did not contain a provision on this matter.
      Sec. 619.--The conference agreement includes section 619, 
as proposed in both the House and Senate bills, prohibiting the 
use of funds to pay for the expenses of an election officer 
appointed by the court to oversee the election of any officer 
or trustee of the International Brotherhood of Teamsters.
      Sec. 620.--The conference agreement includes section 620, 
a modified version of a provision numbered as section 616 in 
the Senate bill, which reduces the frequency of meetings of the 
Commission for the Preservation of America's Heritage Abroad to 
once every six months instead of once every three months. The 
conference agreement does not include language in the Senate 
provision reducing the number of commissioners. The House bill 
did not contain a provision on this matter.
      Sec. 621.--The conference agreement includes section 621, 
a modified version of a provision numbered as section 620 in 
the Senate bill, to prohibit a user fee from being charged for 
background checks conducted pursuant to the Brady Handgun 
Control Act of 1993, and to prohibit implementation of a 
background check system that does not require and result in 
destruction of certain information. The House bill did not 
include a provision on this matter.
      Sec. 622.--The conference agreement includes section 622, 
proposed as section 628 in the Senate bill, which requires the 
United States Trade Representative (USTR) to make certain 
reporting requirements to the Congress regarding Korean steel 
subsidies. The House bill did not include a provision on this 
matter.
      Sec. 623.--The conference agreement includes section 623, 
proposed as section 901 in the House bill, prohibiting the use 
of funds in this or any other Act to implement, administer, or 
enforce Executive Order No. 13083 on Federalism. The Senate 
bill included a provision numbered 623 on this matter 
expressing the Sense of the Senate that the President should 
repeal Executive Order No. 13083 and reissue two earlier 
Executive Orders on Federalism.
      Sec. 624.--The conference agreement includes section 624, 
proposed as section 903 in the House bill, transferring 
Schuylkill, Pennsylvania from the Eastern Judicial District to 
the Middle Judicial District of Pennsylvania. The Senate bill 
had a similar provision.
      Sec. 625. The conference agreement includes section 625, 
which modifies section 904 in the House bill, prohibiting funds 
from being used for the participation of United States 
delegates to the Standing Consultative Commission to implement 
a 1997 memorandum of understanding regarding the 1972 Anti-
Ballistic Missile Treaty between the U.S. and the U.S.S.R. 
starting 60 days after enactment of this Act, unless the 
President submits a certification or the Senate ratifies the 
memorandum of understanding. The Senate bill did not include a 
provision on this matter.
      Sec. 626. The conference agreement includes a provision 
making appropriations and funds made available and authority 
granted under the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1999 
available through June 15 1999. The appropriations and funds 
made available and the authority granted are to be apportioned 
in the manner established for funds provided by a continuing 
resolution.
      The departments and agencies under the jurisdiction of 
this Act are directed to provide financial plans, including 
funding requirements by month, to the Committees on 
Appropriations as soon as available, but no later than 30 days 
after enactment of this Act. In addition, the Office of 
Management and Budget is expected to provide copies of all 
apportionments to the Committees. These requirements are in 
addition to all other requirements included in the conference 
agreement and statement of managers with respect to individual 
departments and agencies.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

      The conference agreement includes a rescission of 
$99,000,000 from unobligated balances under this heading, 
instead of $45,326,000 as proposed in both the House and Senate 
bills.

                            Legal Activities

                         asset forfeiture fund

                              (rescission)

    The conference agreement includes a rescission of 
$2,000,000 from unobligated balances under this heading. The 
House and Senate bills did not include a rescission under this 
heading.

                    Federal Bureau of Investigation

                             (rescissions)

      The conference agreement includes a rescission of 
$12,700,000 from various accounts under this heading, a 
modified version of a rescission proposed in the Senate bill. 
The Senate bill recommended rescissions totaling $22,878,000. 
The conference agreement does not include the additional 
$10,178,000 in rescissions as such funds have already been 
obligated or have expired. The House bill did not include a 
rescission under this heading.

                 Immigration and Naturalization Service

                       immigration emergency fund

                              (rescission)

      The conference agreement includes a rescission of 
$5,000,000 from unobligated balances under this heading. The 
House and Senate bills did not include a rescission under this 
heading.

                         DEPARTMENT OF COMMERCE

                             (rescissions)

      The conference agreement includes a rescission of 
$915,000 from the United States Travel and Tourism 
Administration, and $1,175,000 from the Endowment for 
Children's Educational TV, as proposed in the Senate bill. The 
House bill did not include rescissions under this heading.

             National Institute of Standards and Technology

                     industrial technology services

                              (rescission)

      The conference agreement includes a rescission of 
$6,000,000 from excess unobligated balances under this heading. 
The House and Senate bills did not include a rescission under 
this heading.

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                           ship construction

                              (rescission)

      The conference agreement includes a rescission of 
$17,000,000 from unobligated balances under this heading. The 
House and Senate bills did not include a rescission under this 
heading.

                               TITLE VIII

      Sec. 801. The conference agreement includes a provision 
that modifies Title VIII, Citizens Protection, as included in 
the House bill. That provision sets forth ethical standards for 
attorneys for the Government and requires an attorney for the 
Government to be subject to State laws and rules, and local 
Federal court rules, governing attorneys in each State where 
such attorney engages in that attorney's duties, to the same 
extent and in the same manner as other attorneys in that State. 
The Attorney General is to make and amend rules of the 
Department of Justice to assure compliance with that 
requirement. This section takes effect 180 days after the date 
of enactment of this Act.

            TITLE    --NATIONAL WHALE CONSERVATION FUND ACT

      The conference agreement includes Title    --The National 
Whale Conservation Fund Act of 1998 as proposed in the Senate 
bill. This Act (1) includes findings that funding available for 
whale conservation is insufficient and that there is a need to 
facilitate the use of non-Federal funds for this purpose; (2) 
amends the National Fish and Wildlife Establishment Act to 
provide authority to the National Fish and Wildlife Foundation 
to establish a ``national whale conservation fund'' and receive 
funds for deposit; (3) establishes priorities for the use of 
the fund; and (4) requires the National Fish and Wildlife 
Foundation to consult with NOAA and the Marine Mammal 
Commission. The House bill did not contain any provisions on 
these matters.

                   CONFERENCE TOTAL--WITH COMPARISONS

      The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the committee of conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998... $32,123,907,000
Budget estimates of new (obligational) authority, fiscal 
    year 1999...........................................  38,071,468,000
House bill, fiscal year 1999............................  33,977,221,000
Senate bill, fiscal year 1999...........................  33,238,790,000
Conference agreement, fiscal year 1999..................  34,199,704,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998..............................................  +2,075,797,000
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................  -3,871,764,000
    House bill, fiscal year 1999........................    +222,483,000
    Senate bill, fiscal year 1999.......................    +960,914,000

     SECTION 101(c): DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1999

      The conferees on H.R. 4328 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the differences in the House and Senate 
versions (H.R. 4380 and S. 2333 of the District of Columbia 
Appropriations Act, 1999, by members of the appropriations 
subcommittees of both the House and Senate with jurisdiction 
over H.R. 4380 and S. 2333.
      H.R. 4380 was passed by the House on August 6, 1998, and 
S. 2333 was reported by the Senate Committee on Appropriations 
on July 21, 1998. The conference agreement with respect to 
fiscal year 1999 appropriations for the District of Columbia 
government incorporates some of the provisions of both the 
House and the Senate reports accompanying the respective bills. 
Report language and allocations set forth in either House 
Report 105-670 or Senate Report 105-254 which are not changed 
by the conference agreement are approved. The agreement 
described herein, while repeating some report language for 
emphasis, does not negate the language referenced above unless 
expressly provided. General provisions which are identical in 
the House passed version of H.R. 4380 and the Senate 
Appropriations Committee reported version of S. 2333 are 
unchanged by the conference agreement and are approved unless 
provided to the contrary herein.

                             Federal Funds

                  Metrorail Improvements and Expansion

      The conference agreement appropriates $25,000,000 as 
proposed by the House for metrorail improvements and expansion 
at the Mount Vernon Square Metrorail station located at the 
site of the proposed Washington Convention Center project. The 
Senate proposal would have given the D.C. Financial 
Responsibility and Management Assistance Authority (hereafter 
referred to as ``Authority'') the discretion to make not more 
than $25,000,000 of the $75,000,000 appropriated for the 
infrastructure fund available for this purpose.

                 Federal Payment for Management Reform

      The conference agreement appropriates $25,000,000 as 
proposed by the Senate for continued management reform in the 
District and directs that these funds be used for projects that 
will enhance government efficiency and service delivery to 
District residents. The House passed bill had no appropriation 
for this program. A brief description of three projects to be 
funded in fiscal year 1999 follows:
      Fire and Emergency Medical Services.--Funding for 55 
full-time equivalent positions necessary to place 5 additional 
EMS units in operation in fiscal year 1999.
      Department of Health Toxicology Lab.--Funding to re-open 
the Chief Medical Examiner's laboratory and obtain the 
necessary equipment.
      Technology: District-wide Voice/Data Network.--Funding to 
implement a high-speed, city-owned fiber network for providing 
voice and data services.
      The conferees direct that none of the funds appropriated 
for management reform be expended on modification of the 
Department of Corrections pay plan.
      The conferees direct that quarterly status reports on 
these and all management reform initiatives and projects 
underway in the District be submitted by the Authority and the 
Chief Management Officer within 15 days after the end of each 
quarter until all funds are disbursed. These management reform 
status reports may be incorporated in any performance 
accountability reports already required by law or otherwise 
submitted to Congress by the Authority.

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

      The conference agreement appropriates $7,100,000 and 
requires quarterly financial reports as proposed by the Senate 
instead of $4,000,000, which would be made available after 
being matched by private contributions of $3,100,000, as 
proposed by the House.

                  Nation's Capital Infrastructure Fund

      The conference agreement appropriates $18,778,000 instead 
of $21,000,000 as proposed by the House and $75,000,000, of 
which $25,000,000 could be used for metrorail improvements as 
proposed by the Senate. These funds are not to be used for 
studies or projects that restructure, realign, or reengineer 
various departments or functions or to place more employees on 
the District's payroll. Instead, the sole purpose of these 
funds is for infrastructure projects of a substantive nature 
that directly improve the physical condition of the District of 
Columbia. The conference agreement requires that the funds be 
disbursed by the Authority for the repair and maintenance of 
public safety facilities in the District. The conferees direct 
that the Authority and the Chief Management Officer submit 
quarterly status reports on each project within 15 days after 
the end of each quarter until all funds are disbursed. These 
status reports may beincorporated in any performance 
accountability reports already required by law or otherwise submitted 
to Congress by the Authority.
      Subsequent to the passage of H.R. 4380 by the House of 
Representatives and S. 2333 by the Senate Appropriations 
Committee, the District government was notified by the Federal 
Highway Administration (FHA) that $173,000,000 previously 
earmarked for the District's Barney Circle project is now 
available to the District's Department of Public Works. Of this 
sum, $98,000,000 may be used by the District on local streets. 
Both the House and Senate appropriations bills contain an 
appropriation for the repair and maintenance of roads, 
highways, bridges and transit in the District of Columbia. 
Based on the unanticipated availability of the transportation 
funds and the questionable ability of the District to spend 
additional funds during fiscal year 1999 on transit projects, 
the conferees direct the infrastructure funds appropriated in 
this conference agreement be used for the repair and 
maintenance of the District's public safety facilities. The 
District's new Chief of Police is undertaking a complete 
assessment of all Metropolitan Police Department (MPD) 
facilities. Preliminary estimates indicate that over 
$23,000,000 is needed for mechanical, electrical, plumbing, and 
fire/life safety systems in 70 percent of MPD facilities. In an 
effort to accelerate these massive infrastructure needs, the 
conference agreement directs that the total infrastructure 
appropriation be used for necessary capital improvements to MPD 
facilities.

   Environmental Study and Related Activities at Lorton Correctional 
                                Complex

      The conference agreement appropriates $7,000,000 as 
proposed by the House for an environmental study at the 
property on which the Lorton Correctional Complex is located. 
The Senate reported bill had no appropriation for this program.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

      The conference agreement appropriates $184,800,000 as 
proposed by the House and the Senate and allocates $177,385,000 
for inmate housing instead of $178,300,000 as proposed by the 
Senate, and $2,440,000 for administrative expenses instead of 
$1,525,000 as proposed by the Senate. These allocation changes 
were made at the request of the Corrections Trustee based on 
revised budget estimates. The House bill did not allocate the 
funds. The conference agreement also includes language that 
requires the appropriation to remain in the U.S. Treasury until 
needed by the Trustee to pay properly incurred obligations.

           Federal Payment to the District of Columbia Courts

      The conference action appropriates $128,000,000 as 
proposed by the Senate instead of $142,000,000 as proposed by 
the House. The reduction of $14,000,000 below the House 
allowance is from the capital outlay program. The conference 
action includes language that allocates the funds by programs 
as proposed by the Senate. In addition, the conference 
agreement requires that payroll and financial services be 
provided on a contractual basis with the General Services 
Administration as proposed by the House instead of by the 
Department of Agriculture's National Finance Center as proposed 
by the Senate. The format of the monthly reports is discussed 
later in this statement.
      Budget for court operations.--The operating budget for 
the courts for fiscal year 1999 totals $121,000,000 and 
reflects an increase of $18,000,000 or 14.9 percent above the 
$103,000,000 appropriated in fiscal year 1998. The increase of 
$18,000,000 or 14.9 percent for fiscal year 1999 should provide 
the courts with ample resources to properly manage their 
operations and pay all bills, including attorneys for 
indigents, on a current basis.
      Attorneys for indigents.--The courts' failure to pay 
attorneys for indigents during fiscal year 1998 has caused 
considerable concern and raised questions about management at 
the courts. Information submitted by the courts showed that, of 
the $25,036,000 budgeted for the Criminal Justice Act program, 
$21,083,000 had been disbursed as of August 31, 1998, or 
roughly $2,000,000 for each of the eleven months. By that 
calculation, it appeared that the courts had a balance of 
$4,000,000, or twice as much as was needed, for the remaining 
month of September 1998. However, additional information 
supplied at the request of certain subcommittee members showed 
that the courts had reduced payments in July 1998 by two-thirds 
and had made no payments in August 1998. As a result, the 
courts owe more than $5,700,000 to attorneys for indigents as 
of September 30, 1998. Accordingly, to avoid a similar 
situation this year, the courts are directed to use the FY 1999 
allocation of $31,936,000 for court appointed attorneys for 
that purpose and for that purpose only. The courts are further 
directed to pay immediately all obligations carried over from 
FY 1998 and prior years using other funds from their FY 1999 
appropriation.
      Reporting requirements.--The courts are directed to 
submit monthly reports, through the General Services 
Administration, to the House and Senate Committees on 
Appropriations, within 15 calendar days after the end of each 
month, on the status of obligations by object class and a 
monthly personnel summary by position, full-time equivalent 
positions (FTE's), and program/function. The obligation report 
should show, at a minimum, the original operating plan, current 
operating plan, obligations year to date, percent obligated, 
planned obligations year to date, percentage deviation from 
plan year to date, projected total obligations end of year, and 
projected surplus/deficit.

District of Columbia Offender Supervision, Defender, and Court Services 
                                 Agency

      The conference action appropriates $59,400,000 as 
proposed by the House and the Senate and includes language 
proposed by the Senate to clarify that the allocation for 
Parole Revocation, Adult Probation and Offender Supervision 
includes funds to cover expenses relating to supervision of 
adults subject to protection orders or provision of services 
for or related to such programs. In addition, the conference 
agreement includes language that requires the appropriation to 
remain in the U.S. Treasury until needed by the Trustee to pay 
properly incurred obligations.

       Offender Supervision, Defender, and Court Services Agency

      The conference action deletes the appropriation of 
$4,000,000 proposed by the House for establishment of a 
residential sanctions center for drug testing, intervention, 
and treatment, and to implement recommendations of the D.C. 
Truth in Sentencing Commission.

           Federal Payment for Metropolitan Police Department

      The conference action appropriates $1,200,000 as proposed 
by the House for the administration and operating costs of the 
Citizen Complaint Review Office.

                  Federal Payment for Fire Department

      The conference agreement appropriates $3,240,000 as 
proposed by the House for a 5.5 percent parity pay increase to 
be effective and paid to fire fighters beginning October 1, 
1998.

         Federal Payment to the Georgetown Waterfront Park Fund

      The conference agreement appropriates $1,000,000 as 
proposed by the Senate for payment to the Georgetown Waterfront 
Park Fund on a dollar-for-dollar matching basis, in cash or in 
kind, for the construction and landscaping of property 
described on the D.C. Surveyor's Plat Number S.O. 84-230.

  Federal Support for Economic Development in the District of Columbia

      The conference agreement deletes the appropriation of 
$500,000 proposed by the Senate to the D.C. Financial 
Responsibility and Management Assistance Authority to conduct a 
study and prepare a report on the feasibility of an economic 
development corporation for the District and the proviso that 
none of the funds in this or any other Act shall be used to 
capitalize the National Capital Revitalization Act of 1998 
(D.C. Act 12-355).

         Federal Payment to Historical Society for City Museum

      The conference agreement appropriates $2,000,000 as 
proposed by the House for the establishment and operation of a 
Museum of the City of Washington, D.C. at the Carnegie Library 
at Mount Vernon Square instead of $500,000 as proposed by the 
Senate.

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

      The conference agreement changes the heading and 
appropriates $700,000 instead of $1,000,000 as proposed by the 
Senate and earmarks $300,000 for the Federal City Council to 
conduct a needs and design study for a National Museum of 
American Music as proposed by the Senate, $300,000 for the 
Washington Center Alliance to further and promote the 
objectives of the Interactive Downtown Task Force, and $100,000 
for the New York Avenue Development Task Force instead of 
$1,000,000 as proposed by the Senate, of which $500,000 was for 
the Historical Society of Washington, D.C. for a needs and 
design study for a City Museum and Visitors Center and $500,000 
was for the Federal City Council to conduct a needs and design 
study for a National Museum of American Music.

                       United States Park Police

      The conference agreement appropriates $8,500,000 as 
proposed by the House to acquire, modify and operate a 
helicopter and to make necessary capital expenditures to the 
Park Police aviation unit base. The conference agreement 
requires the Chief of the Park Police to provide quarterly 
financial reports to Congress on the use of these funds.

              Federal Payment for Waterfront Improvements

      The conference agreement appropriates $3,000,000 as 
proposed by the House to the D.C. Department of Housing and 
Community Development for a study and improvement in 
consultation with the U.S. Army Corps of Engineers for 
necessary improvements to the Southwest Waterfront in the 
District. The conference agreement amends the language proposed 
by the House to clarify the consultative role of the U.S. Army 
Corps of Engineers and the responsibility of the lessees at the 
Fish Wharf and Marina to secure private financing for 
improvements.

                 Federal Payment for Mentoring Services

      The conference agreement appropriates $200,000 as 
proposed by the House for the International Youth Service and 
Development Corps, Inc., for a mentoring program for at-risk 
children in the District.

                  Federal Payment for Hotline Services

      The conference agreement appropriates $50,000 as proposed 
by the House for the International Youth Service and 
Development Corps, Inc., for the operation of a resource 
hotline for low-income individuals in the District.

                  Federal Payment for Public Education

      The conference agreement appropriates $15,622,000 as a 
Federal contribution to public charter schools in the District 
of Columbia instead of $20,391,000 as proposed by the House. 
The reduction of $4,769,000 reflects the actual enrollment 
count of 3,653 public charter school students in the District 
rather than the projected enrollment of 4,400 which was the 
basis for the House amount.

Federal Payment for Medicare Coordinated Care Demonstration Project in 
                                  D.C.

      The conference agreement appropriates $3,000,000 to 
continue a pilot Medicare program in the District as authorized 
under section 4016(e)(1)(A)(ii) of the Balanced Budget Act of 
1997 (Public Law 105-33) to improve the medical treatment 
received by medically underserved Medicare patients living in 
the District.

         Federal Payment for Children's National Medical Center

      The conference agreement appropriates $1,000,000 in 
Federal funds to the Children's National Medical Center for the 
Community Pediatric Health Initiative. Since 1967, the 
community health clinics of Children's Hospital have provided 
pediatric services to high risk children in medically 
underserved areas. Federal funding for this initiative ended in 
March 1995. This appropriation reestablishes this important 
public-private partnership for fiscal year 1999.

                       District of Columbia Funds

                   Governmental Direction and Support

      The conference agreement appropriates $164,144,000, 
including $136,485,000 from local funds as proposed by the 
House instead of $164,717,000, including $137,058,000 from 
local funds as proposed by the Senate. The conference action 
also restores a proviso proposed by the House that requires all 
employees permanently assigned to work in the Office of the 
Mayor to be paid from funds allocated to the Office of the 
Mayor.
      Advisory Neighborhood Commissions.--The conference 
agreement deletes funding of $573,000 as proposed by the House. 
The action to eliminate funding comes after several reports by 
the D.C. Auditor, including one dated as recently as September 
28, 1998, that documents the fact that taxpayer funds are not 
being spent properly. The action of the conferees does not 
preclude the District from reprogramming funds for fiscal year 
1999 or requesting funds for fiscal year 2000 for ANCs, so long 
as necessary management controls are enacted by the Council of 
the District of Columbia to assure that the funds are disbursed 
for previously reviewed and agreed upon purposes, consistent 
with the laws, rules and regulations of the District of 
Columbia.
      Mayoral transition.--The conferees support a smooth 
transition of governmental powers from the incumbent Mayor to 
the incoming Mayor. This is paramount to the financial recovery 
of the District of Columbia and the return of home rule. 
Cooperation between the incoming Mayor, the Council of the 
District of Columbia, other elected officials and the Authority 
is essential for the well being of the District of Columbia and 
all those who live, work and visit in the Nation's Capital. It 
is extremely important that the Mayor-elect be provided with 
the necessary resources as soon as possible after the general 
election so that he or she will be able to carry out the duties 
and responsibilities of the office efficiently and effectively 
after being sworn in. Following the 1990 election, the Council 
of the District of Columbia approved emergency 90-day 
legislation (D.C. Act 8-290) ``To promote the orderly transfer 
of executive duties and responsibilities upon expiration of the 
term of office of a Mayor and the assumption of duties and 
responsibilities of a new Mayor . . . '' which provided 
financial assistance to the new Mayor-elect. The conferees urge 
local officials to take whatever steps are necessary in a 
timely manner to ensure a smooth transition of governmental 
powers from the incumbent Mayor to the Mayor-elect.

                  Economic development and regulation

      The conference agreement appropriates $159,039,000 as 
proposed by the House instead of $156,039,000 as proposed by 
the Senate. The increase of $3,000,000 above the Senate 
allowance reflects the Federal contribution of $3,000,000 
discussed earlier for improvements to the Southwest Waterfront 
in the District. The conference agreement also restores 
language proposed by the House concerning Business Improvement 
Districts with an amendment deleting the word ``Federal'' in 
identifying the U.S. General Services Administration.

                       Public Safety and Justice

      The conference agreement appropriates $755,786,000, 
including $531,660,000 from local funds, $30,327,000 from 
Federal funds and $193,799,000 from other funds as proposed by 
the House instead of $751,346,000, including $513,160,000 from 
local funds, $25,887,000 from Federal funds, and $212,299,000 
from other funds as proposed by the Senate. The increase of 
$4,430,000 above the Senate reflects additional Federal funds 
of $1,200,000 for the administration and operating costs of the 
Citizen Complaint Review Office in the Metropolitan Police 
Department and $3,240,000 for a 5.5 percent parity pay increase 
for the District's fire fighters. The conference action also 
restores the requirement for quarterly reports on the status of 
crime reduction in each of the 83 police service areas in the 
District as proposed by the House instead of semi-annual 
reports as proposed by the Senate.
      Department of Corrections.--The conferees expect the 
Department of Corrections (DOC) annual budget to reflect 
planning for proposed downsizing, actual downsizing and 
continuing reform to assure the orderly transfer of sentenced 
felons to the Federal government by December 31, 2001, and to 
assure that all the necessary steps are taken each year to 
accomplish this transfer. The conferees request that within 120 
days of the enactment of this Act, the District of Columbia 
Corrections Trustee (``Trustee''), in partnership with the DOC, 
submit a transition plan detailing what must be accomplished 
annually to complete transfer by December 31, 2001. Each annual 
budget submission shall contain a report, prepared by the 
Trustee and the DOC, based on fully shared information, that 
details actual progress made by the DOC in meeting the goals of 
the transition plan. To make full use of the Trustee's 
background and experience and to assure successful transfer of 
the District's sentenced felons, the Trustee should be 
operationally involved in all matters affecting the DOC and a 
full partner in decision-making regarding the DOC's budget, 
operations and functions now funded by the Federal government 
and transition planning. The conferees expect that the DOC 
should save significant funds in outside consulting fees and 
otherwise as a result of involving the Trustee in the 
operations and functions to be transferred and those that 
remain with the District.

                        Public Education System

      The conference agreement appropriates $788,956,000, 
including $125,869,000 from Federal funds, instead of 
$793,725,000, including $130,638,000 from Federal funds, as 
proposed by the House and $773,334,000, including $110,247,000 
in Federal funds, as proposed by the Senate. The reduction of 
$4,769,000 below the House allowance reflects the actual 
enrollment count of 3,653 for public charter schools instead of 
the projected enrollment of 4,400 which was the basis for the 
House amount.
      The conference agreement appropriates $27,857,000 for 
public charter schools, including $12,235,000 from local funds 
and $15,622,000 from Federal funds instead of $32,626,000, 
including $12,235,000 from local funds and $20,391,000 from 
Federal funds as proposed by the House and $12,235,000 from 
local funds as proposed by the Senate. The conference agreement 
restores a proviso proposed by the House which requires that 
unallocated funds for public charter schools be made available 
for new public charter schools on a per pupil basis. The 
conference agreement provides that $480,000 of the $27,857,000 
for public charter schools be available to the D.C. Public 
Charter School Board for administrative costs as proposed by 
the House. The conference agreement does not include three 
provisos proposed by the House concerning the special revolving 
fund described in section 172 of last year's bill; a report to 
Congress on the capital needs of each public charter school; 
and a requirement that, pending submission of the capital needs 
report, the Emergency Transitional Education Board of Trustees 
take appropriate steps to provide public charter schools with 
assistance to meet capital expenses in a manner equitable to 
D.C. public schools. The conference agreement restores a 
proviso proposed by the House that requires the Emergency 
Transitional Education Board of Trustees to report to Congress 
by February 1, 1999 on the Board's implementation of its 
statutorily mandated policy to give preference to newly created 
public charter schools for surplus public school property.
      The conferees are concerned with the disposition of 
assets purchased with taxpayer funds by charter schools whose 
charters are revoked or are not renewed. The conferees believe 
that any unencumbered funds and all equipment and property 
purchased with public funds must revert to the ownership of the 
eligible chartering authority that granted the charter or the 
District of Columbia government, subject to the rights of any 
party who would hold a security interest or lien in or with 
respect to the property of such charter school. The Chief 
Financial Officer, in consultation with District public school 
officials, eligible chartering authorities, and public charter 
schools shall establish procedures for reversion of 
unencumbered funds, equipment and property to the chartering 
authorities. The procedures for the recovery of equipment and 
property should include recoverable assets but not intangible 
or irrecoverable costs such as rentalor leasing fees, normal 
maintenance and renovations. The conferees request a report by January 
31, 1999, from the Chief Financial Officer and the other parties 
involved on the status of these procedures.
      The conference agreement makes certain punctuation 
changes as proposed by the Senate and restores the title of 
Superintendent of Schools as proposed by the House instead of 
Chief Executive Officer/Superintendent of Schools as proposed 
by the Senate.
      The conference agreement makes technical changes proposed 
by the Senate to a proviso proposed by the House concerning 
assistance by the U.S. Army Corps of Engineers to the school 
system for facility repairs and improvements and makes the 
language a general provision (section 132) as proposed by the 
Senate.
      The conference agreement includes a proviso proposed by 
the House to reimburse the Boy Scouts of America $244,078 for 
services provided in fiscal year 1998 on behalf of 12,600 
students at 39 public schools. The conference agreement deletes 
a proviso proposed by the House to expand the Boy Scout program 
in fiscal year 1999. The conferees urge the Superintendent of 
Schools to reevaluate the ability of the school system to 
negotiate an agreement with the National Capital Area Council 
of the Boy Scouts for the renewal of its program in selected 
schools.
      The conference agreement restores a proviso proposed by 
the House that prohibits the use of funds in this Act to pay 
the salaries of any D.C. school teacher, principal, 
administrator, official, or employee who provides false 
enrollment or attendance information required under D.C. Code, 
sec. 31-401 et seq. but requires that the prohibition apply 
only if the designated personnel knowingly engage in such 
conduct as proposed by the Senate.
      The conference agreement deletes language proposed by the 
House that would have prohibited the use of funds in this Act 
for pay raises to teachers in the D.C. Public School system 
(DCPS) who have not passed competency tests. The conferees are 
concerned that teachers in the DCPS system possess the 
necessary skills to perform their duties effectively. The 
conferees are aware that new teachers are required to pass 
exams testing their skills in reading, writing and mathematics, 
as well as their knowledge in specific content areas. However, 
in-service teachers are not required to pass competency tests. 
The conferees are pleased to learn that DCPS has adopted new 
teacher performance standards that are based on the work of the 
National Board for Professional Teaching Standards. The 
conferees are advised that these standards have been 
incorporated into a new evaluation system that includes 
objective, achievement-based measures of performance, mandatory 
professional development, and an expedited process for the 
removal of non-performing teachers consistent with procedures 
to ensure due process. The conferees urge DCPS to incorporate 
this new system into its teacher evaluation process to ensure 
that all DCPS teachers meet the established standards and 
targets for performance by September 2000.
      The conference agreement restores a proviso proposed by 
the House that prohibits the use of any funds in this Act to 
subsidize the education of any nonresident of the District of 
Columbia at any District of Columbia public elementary or 
secondary school unless the nonresident pays tuition to the 
District at a rate that covers 100 percent of the District's 
costs as determined by the Superintendent.

                         human support services

      The conference agreement makes technical changes proposed 
by the Senate to the citation for the Stewart B. McKinney 
Homeless Assistance Act (Public Law 100-77).
      Commission for Women.--The D.C. Commission for Women 
continues to provide outstanding service to the residents of 
the District of Columbia and particularly women. The 
Commission's programs in building private-public partnerships 
to train welfare recipients and assist in placing them in full-
time jobs is commendable. Its initiatives with respect to 
health care education, public safety, and economic development 
continue to be priorities for the Commission and its all-
volunteer Commissioners.

                              public works

      D.C. Taxicabs.--The District of Columbia government 
should not make any changes affecting cab service between the 
District of Columbia and the Commonwealth of Virginia without 
consulting the Committees on Appropriations of the Senate and 
the House of Representatives, the Committee on Governmental 
Affairs of the Senate, and the Committee on Government Reform 
and Oversight of the House of Representatives.

          washington convention center fund (Transfer Payment)

      The conference agreement provides a separate 
appropriation as proposed by the House instead of consolidating 
this account with several appropriations under ``Financing and 
Other Uses'' as proposed by the Senate and inserts the words 
``Enterprise Fund'' to properly identify the fund as proposed 
by the Senate.

                    repayment of loans and interest

      The conference agreement provides a separate 
appropriation as proposed by the House instead of consolidating 
this account with several appropriations under ``Financing and 
Other Uses'' as proposed by the Senate.

                repayment of general fund recovery debt

      The conference agreement provides a separate 
appropriation as proposed by the House instead of consolidating 
this account with several appropriations under ``Financing and 
Other Uses'' as proposed by the Senate.

              payment of interest on short term borrowing

      The conference agreement provides a separate 
appropriation as proposed by the House instead of consolidating 
this account with several appropriations under ``Financing and 
Other Uses'' as proposed by the Senate and inserts ``from local 
funds'' as proposed by the Senate to indicate the source of the 
funds.

                     certificates of participation

      The conference agreement provides a separate 
appropriation as proposed by the House instead of consolidating 
this account with several appropriations under ``Financing and 
Other Uses'' as proposed by the Senate and inserts ``from local 
funds'' as proposed by the Senate to indicate the source of the 
funds.

                      human resources development

      The conference agreement provides a separate 
appropriation as proposed by the House instead of consolidating 
this account with several appropriations under ``Financing and 
Other Uses'' as proposed by the Senate and inserts a 
description of the purposes of this appropriation and the 
source of the funds as proposed by the Senate.

                         receivership programs

      The conference agreement appropriates $318,879,000, 
including $189,154,000 from local funds, $96,691,000 from 
Federal funds, and $33,134,000 from other funds instead of 
$318,979,000, including $188,439,000 from local funds, 
$96,691,000 from Federal funds, and $33,849,000 as proposed by 
the House and the Senate. The conference agreement earmarks 
$5,000,000 within the budget of the Commission on Mental Health 
Services as proposed by the Senate to finance capital 
improvements to community-based housing facilities for 
seriously and chronically mentally ill individuals in the 
District and clarifies that the funds appropriated under this 
paragraph are for all District agencies under court ordered 
receivership as proposed by the Senate.

   d.c. financial responsibility and management assistance authority

      The conference agreement deletes the proviso proposed by 
the House that would have required the Executive Director and 
General Counsel of the Authority to repay certain compensation 
deemed by the Comptroller General to be in excess of the legal 
limit established in the Authority's enabling legislation 
(Public Law 104-8) as reported in GAO letter report B-279095.2. 
The conference agreement limits the salaries that may be paid 
to the two employees consistent with the statutory rate set 
forth in section 102 of Public Law 104-8.
      The conference agreement deletes the proviso in the House 
bill that would have required the Authority to provide 
information on account balances no later than 5 days after the 
end of each month and inserts language under section 165 of the 
general provisions that addresses this issue. The conference 
agreement also deletes a proviso proposed by the House that 
would have prohibited the use of any funds in this or any other 
Act to pay the salary or expenses of any officer or employee of 
the Authority who failed to provide information on account 
balances.

                            Enterprise Funds

         water and sewer authority and the washington aqueduct

      The conference agreement inserts a new heading 
``Enterprise Funds'' as proposed by the Senate and earmarks 
$39,933,000 for the District's debt service fund as proposed by 
the House instead of $28,104,000 as proposed by the Senate.

               Lottery and Charitable Games Control Board

      The conference agreement clarifies that this 
appropriation is to the Lottery and Charitable Games Enterprise 
Fund as proposed by the Senate instead of the Lottery and 
Charitable Games Control Board as proposed by the House.

                    cable television enterprise fund

      The conference agreement provides that the source of this 
appropriation is local funds as proposed by the Senate instead 
of other funds as proposed by the House.

                             starplex fund

      The conference agreement restores language proposed by 
the House concerning the use of quotation marks to delineate 
the title of an Act.

                         d.c. general hospital

      The conference agreement deletes ``Public Benefit 
Corporation'' from the heading as proposed by the Senate.

                               personnel

      The conference agreement inserts a new paragraph as 
proposed by the Senate that caps the number of FTE positions at 
32,900, exclusive of intra-District positions, during fiscal 
year 1999.

                 capital outlay (including rescissions)

      The conference agreement restores the heading ``Including 
Rescissions'' as proposed by the House.

                           GENERAL PROVISIONS

      The conference agreement amends section 105 concerning 
travel expenses and payment of organizational dues by deleting 
reference to the D.C. Courts as an agency exempt from mayoral 
control as proposed by the Senate. The National Capital 
Revitalization and Self-Government Improvement Act of 1997 
(Public Law 105-33) transferred the administration and 
financing of the D.C. Courts to the Federal government.
      The conference agreement deletes the proviso in section 
106 proposed by the House that directed the District government 
to refund by September 30, 1999, up to $17,800,000 of 
overpayments collected for parking ticket violations. The 
overpayments were reported by the D.C. Auditor in a report 
dated March 19, 1998. A news release issued August 4, 1998, by 
the Department of Public Works states that the department will 
notify these motorists by mail, newspaper advertisement and the 
Internet of their overpayments and how to obtain a refund. The 
Department of Public Works is requested to provide quarterly 
status reports to the House and Senate Committees on 
Appropriations within 15 days after the end of each quarter 
beginning October 1, 1998.
      The conference agreement updates the statutory citation 
in section 107 for the Violent Crime Control and Law 
Enforcement Act of 1994 as proposed by the Senate.
      The conference agreement replaces the reprogramming 
requirements in section 116 (section 155 of the Senate reported 
bill) as proposed by the Senate with certain modifications. The 
revised reprogramming requirements set forth certain criteria 
for reprogrammings and require the Senate and House Committees 
on Appropriations to be notified in writing 30 days in advance.
      The conference agreement makes technical changes in 
sections 119 and 120 as proposed by the Senate.
      The conference agreement in section 121 designates the 
Director of the Office of Property Management as the position 
to make certain determinations as proposed by the House instead 
of the Chief Financial Officer as proposed by the Senate.
      The conference agreement in section 124 makes certain 
technical changes in the citation as proposed by the Senate.
      The conference agreement in section 125 makes certain 
editorial changes in the proviso as proposed by the Senate.
      The conference agreement in section 128 modifies the 
reporting requirements for the University of the District of 
Columbia as proposed by the Senate.
      The conference agreement restores section number 129 as 
proposed by the House instead of changing the section number to 
128 as proposed by the Senate.
      The conference agreement includes language in section 130 
proposed by the House and modified by the Senate to place a 
limit on the payment of fees to attorneys who prevail in 
administrative proceedings in special education cases instead 
of prohibiting the payment of such fees as proposed by the 
House.
      The conference agreement restores section number 131 
proposed by the House instead of section number 129 as proposed 
by the Senate.
      The conference agreement inserts a new section 132 that 
allows the U.S. Army Corps of Engineers to assist in the repair 
and improvement of the District's public school facilities as 
proposed by the Senate instead of a proviso under the Public 
Education System appropriation as proposed by the House.
      The conference agreement changes section numbers 132 of 
the House bill and 131 of the Senate bill to 133.
      The conference agreement restores section 133 of the 
House bill which requires certain reports by the Emergency 
Transitional Education Board of Trustees and changes the 
section number to 134.
      The conference agreement changes section number 134 of 
the House bill to 135 and restores language proposed by the 
House that requires the Emergency Transitional Education Board 
of Trustees and the University of the District of Columbia to 
compile accurate position and employee information annually.
      The conference agreement changes section numbers 135 of 
the House bill and 132 of the Senate bill to section 136. The 
conference agreement also changes the due date for submission 
of the revised appropriated funds operating budget for the 
public school system and the University of the District of 
Columbia from 15 days after the date of enactment of this Act 
as proposed by the House to 30 days after the date of enactment 
of this Act as proposed by the Senate. The conference agreement 
also requires the Superintendent of Public Schools in the 
District to provide the reports as proposed by the Senate 
instead of the Emergency Transitional Education Board of 
Trustees as proposed by the House.
      The conference agreement changes section numbers 136 of 
the House bill and 133 of the Senate bill to section 137. This 
section requires certain governing authorities to vote on and 
approve their budgets before submission to the Mayor and 
Council.
      The conference agreement changes section number 137 of 
the House bill to 138 and restores language proposed by the 
House concerning the ceiling on total operating expenses. The 
conference agreement changes the ceiling from $5,216,689,000 to 
$5,211,920,000 to reflect the adjustment for public charter 
schools.
      The conference agreement changes section number 135 of 
the Senate bill to section 139 and inserts language proposed by 
the Senate that permits endowment funds held by the University 
of the District of Columbia to be invested in equity-based 
securities if approved by the Chief Financial Officer.
      The conference agreement changes section number 136 of 
the Senate bill to section 140 and inserts language proposed by 
the Senate that requires court-appointed receivers or other 
court-appointed officials to prepare and submit budgets to the 
Mayor for inclusion in the city's annual budget.
      The conference agreement changes section number 137 of 
the Senate bill to 141 and restores language proposed by the 
Senate requiring District officials to submit a report to 
Congress by April 1, 1999, on measures necessary and steps to 
be taken to ensure that the District's public schools open on 
time to begin the 1999-2000 academic year.
      The conference agreement deletes section 138 of the House 
bill concerning energy conservation measures.
      The conference agreement changes section numbers 139 of 
the House bill and 138 of the Senate bill to section number 
142. This section concerns the classification of education 
employees.
      The conference agreement changes section number 140 of 
the House bill to 143 and restores language proposed by the 
House concerning restrictions on the use of official vehicles. 
The language is modified to provide the Chief of Police with 
the discretion to determine the use of official vehicles 
assigned to the department. This section was further modified 
at the request of the Chief to allow the department to purchase 
and donate a vehicle to an officer who was paralyzed after 
being shot accidentally by one of her fellow officers while she 
was attempting to arrest a robbery suspect.
      The conference agreement changes section 140(b) of the 
House bill and section 139(a) of the Senate bill to section 
144(a) and adds a subsection (b) extending for one year 
modifications in the District's reduction in force procedures 
as proposed by the Senate.
      The conference agreement changes section number 140 of 
the Senate bill to 145 and inserts language proposed by the 
Senate extending the time limit from 50 days to 120 days for 
the DCPS system to assess and place students in special 
education programs.
      The conference agreement changes section number 141 of 
the House bill to 146 and restores language proposed by the 
House concerning compliance with the Buy American Act.
      The conference agreement changes section numbers 142 of 
the House bill and section 141 of the Senate bill to 147 and 
inserts language proposed by the Senate to make language 
carried in last year's bill permanent. The language requires 
the National Education Association to pay local real property 
taxes on its real property located within the District of 
Columbia.
      The conference agreement changes section number 144 of 
the House bill to 148 and restores language proposed by the 
House that requires the annual audit of the District 
government's financial statements to be conducted by the D.C. 
Inspector General. The conference agreement modifies the House 
language to require that procurement of the audit be done 
pursuant to the D.C. Procurement Practices Act of 1985, as 
amended. The conference agreement also includes language 
proposed by the House that requires the annual audit to include 
a comparison of audited actual year-end results with the 
revenues submitted in the budget document for such year and the 
appropriations enacted into law for such year.
      The financial plans reflecting those revenues and 
appropriations follow:

    DISTRICT OF COLUMBIA GOVERNMENT--Fiscal Year 1999 Financial Plans
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                Grants and
   Revenues and expenditures      Local funds  other funds   Gross funds
------------------------------------------------------------------------
            Revenues:
  Local sources, current
 authority:
Property taxes.................      674,500   ...........      674,500
Sales taxes....................      565,000   ...........      565,000
Income taxes...................    1,031,900   ...........    1,031,900
Other taxes....................      330,400   ...........      330,400
Licenses, permits..............       46,076   ...........       46,076
Fines, forfeitures.............       69,450   ...........       69,450
Services charges...............       38,745   ...........       38,745
Miscellaneous..................       62,351       297,050      359,401
                                ----------------------------------------
    Subtotal, local revenues...    2,818,422       297,050    3,115,472
                                ========================================
         Federal sources:
Federal payments...............            0    \1\ 23,062       23,062
Grants.........................            0     1,202,964    1,202,964
                                ----------------------------------------
    Subtotal, Federal sources..            0     1,226,026    1,226,026
                                ========================================
  Other financing sources:
Lottery transfer...............       69,000   ...........       69,000
  Office of Tax and Revenue
Initiatives....................       20,000   ...........       20,000
                                ----------------------------------------
    Total, general fund
     revenues..................    2,907,422     1,523,076    4,430,498
                                ========================================
  Expenditures:
Governmental Direction and
 Support.......................      136,485        27,659      164,144
Economic Development and
 Regulation....................       45,162       113,877      159,039
Public Safety and Justice......      530,945       224,841      755,786
Public Education System........      599,987       116,881      716,868
Human Support Services.........      567,844       900,072    1,467,916
Public Works...................      257,242         9,670      266,912
Receiverships..................      189,154       129,825      318,979
  Other Financing and Uses:
    Principal and interest.....      431,623   ...........      431,623
    D.C. General Hospital
     Subsidy...................       46,835   ...........  ............
    University of the District
     of Columbia Subsidy.......       40,148   ...........       40,148
    Washington Convention
     Center....................        5,400   ...........        5,400
    Certificates of
     Participation.............        7,926   ...........        7,926
    Human Resource Development.        6,674   ...........        6,674
    Office of Cable Television.        2,108   ...........        2,108
    Banking and Financial
     Institutions..............          390           250          640
    Financial Authority........        7,840   ...........        7,840
    Productivity Savings.......      (10,000)  ...........      (10,000)
                                ----------------------------------------
        Total, current
         operating.............    2,865,763     1,523,075    4,388,838
                                ========================================
        Surplus (deficit)......       41,660   ...........       41,660
                                ========================================
  Enterprise Fund Expenditures:
Water and Sewer Administration.  ............      239,493      239,493
Washington Aqueduct............  ............       33,821       33,821
Lottery and Charitable Games...  ............      225,200      225,200
Public Service Commission......  ............        5,026        5,026
Office of the People's Counsel.  ............        2,501        2,501
Department of Insurance &
 Securities Regulation.........  ............        7,001        7,001
D.C. General Hospital..........  ............       66,764       66,764
University of the District of
 Columbia......................  ............       31,940       31,940
Armory Board (Starplex)........  ............        8,751        8,751
Retirement Board...............  ............       18,202       18,202
Correctional Industries........  ............        3,332        3,332
Washington Convention Center...  ............       48,139       48,139
                                ----------------------------------------
    Total, Enterprise Fund
     Revenues..................  ............      690,170      690,170
                                ========================================
  Enterprise Fund Expenditures:
Water and Sewer Administration.  ............      239,493      239,493
Washington Aqueduct............  ............       33,821       33,821
Lottery and Charitable Games...  ............      225,200      225,200
Public Service Commission......  ............        5,026        5,026
Office of the People's Counsel.  ............        2,501        2,501
Department of Insurance &
 Securities Regulation.........  ............        7,001        7,001
D.C. General Hospital..........  ............       66,764       66,764
University of the District of
 Columbia......................  ............       31,940       31,940
Armory Board (Starplex)........  ............        8,751        8,751
Retirement Board...............  ............       18,202       18,202
Correctional Industries........  ............        3,332        3,332
Washington Convention Center...  ............       48,139       48,139
                                ----------------------------------------
    Total, Enterprise Fund
     Expenditures..............  ............      690,170      690,170
                                ========================================
    Revenues versus
     Expenditures..............  ............  ...........  ............
Total Operating Revenues.......    2,907,422     2,213,246    5,120,668
Total Operating Expenditures...    2,865,763     2,213,245    5,079,008
                                ----------------------------------------
Revenues Versus Expenditures...       41,660   ...........       41,660
------------------------------------------------------------------------
\1\ Does not include appropriations of $25,000,000 for Management
  Reform, $18,778,000 for Nation's Capital Infrastructure Fund, $700,000
  for a National Museum of American Music and for Downtown
  Revitalization, and $3,000,000 for a Medicare Coordinated Care
  Demonstration Project in the District of Columbia.

      The conference agreement changes section numbers 145 of 
the House bill and 142 of the Senate bill to 149 and restores 
language proposed by the House concerning reference to an 
agency previously referred to in the paragraph.
      The conference agreement changes section numbers 146 of 
the House bill and 143 of the Senate bill to section 150.
      The conference agreement changes section numbers 147 of 
the House bill to 151 and restores language proposed by the 
House concerning voting representation issues.
      The conference agreement changes section number 144 of 
the Senate bill to section 152 and inserts language as proposed 
by the Senate that requires the Authority to report to Congress 
on the status of any agreements between the District and 
nonprofit organizations.
      The conference agreement changes section numbers 148 of 
the House bill and 145 of the Senate bill to 153. This 
provision repeals the District's residency requirement for 
District employment.
      The conference agreement changes section number 150 of 
the House bill to 154 and restores language proposed by the 
House as modified by the Senate to change the effective date of 
the provision to April 1, 1999 to allow the Corrections Trustee 
a six month period to relocate inmates classified above the 
medium security level from the Youngstown, Ohio correctional 
facility to other facilities.
      The conference agreement changes section number 146 of 
the Senate bill to 155 and inserts language proposed by the 
Senate requiring the establishment of a $150,000,000 reserve 
fund in the fiscal year 2000 budget.
      The conference agreement deletes section 147 of the 
Senate bill that would have allowed the expenditure of funds 
that are not a part of the budget approved by the Congress.
      The conference agreement changes section number 148 of 
the Senate bill to 156 and inserts language proposed by the 
Senate authorizing the Board of Trustees of the District of 
Columbia Public Library (DCPL) to hire a fund raiser to raise 
funds from private sources. The conferees support the efforts 
of the Library's Board of Trustees to raise additional revenues 
by fund raising. The conferees direct the Board of Trustees to 
set a reasonable salary for the fund raiser position and to 
provide the District's Chief Financial Officer with a complete 
annual accounting of the fund raiser's budget, including all 
expenses incurred in connection with fund raising activities.
      The conference agreement changes section 149 of the 
Senate bill to section 157 and inserts language proposed by the 
Senate for the District of Columbia Adoption Improvement Act of 
1998.
      The conference agreement changes section number 150 of 
the Senate bill to 158 and inserts language as proposed by the 
Senate that clarifies and completes the transfer of legal 
authority and responsibility for adult offender supervision 
from the Social Services Division of the D.C. Superior Court to 
the new Offender Supervision Agency established by section 
11233 of the Revitalization Act of 1997 (Public Law 105-33).
      The conference agreement changes section number 151 of 
the Senate bill to 159 and inserts language as proposed by the 
Senate to ratify the Chief Management Officer's employment 
agreement. The conference agreement deletes language proposed 
by the Senate which would have authorized the Chief Management 
Officer, with the approval of the Authority chair, to appoint 
and fix the pay of additional personnel.
      The conference agreement deletes sections 152, 153, and 
157 of the Senate bill which would have allowed the Authority 
to set the annual salary for the Chief Financial Officer of the 
District, the D.C. Inspector General, and the Executive 
Director of the Authority.
      The conference agreement changes section number 154 of 
the Senate bill to 160 and inserts language as proposed by the 
Senate to increase from 3 to 5 years the time limit on 
contracts between an independent auditor and the D.C. 
government for the District's annual financial audit.
      The conference agreement changes section number 156 of 
the Senate bill to 161 and inserts language as proposed by the 
Senate that allows funds previously appropriated for management 
reform initiatives to remain available for such purposes 
through fiscal year 1999. The conference agreement limits the 
amount to $3,200,000.
      The conference agreement inserts a new section 162 that 
requires the District of Columbia Courts to pay interest to 
individuals who do not receive prompt payment for goods 
provided and services rendered to the courts. The courts have 
failed to pay more than $5,000,000 owed to court appointed 
attorneys for indigents, and this provision is intended to 
discourage nonpayment in the future.
      The conference agreement inserts a new section 163 that 
makes a technical change in section 147 of the Nation's Capital 
Bicentennial Designation Act.
      The conference agreement inserts a new section 164 that 
allows a member of the Authority to serve until a successor has 
been appointed.
      The conference agreement inserts a new section 165 that 
requires the quarterly financial reports from the Chief 
Financial Officer to include a statement of the balance of each 
account held by the Authority at the end of the quarter, 
together with a description of the activities within each such 
account during the quarter, based on information supplied by 
the Authority to the Chief Financial Officer.
      The conference agreement inserts a new section 166 that 
prohibits the use of any funds to capitalize the National 
Capital Revitalization Corporation, or to implement any 
provisions of the National Capital Revitalization Act of 1998 
(D.C. Act 12-355), until at least 30 days after the District of 
Columbia Financial Responsibility and Management Assistance 
Authority submits an economic development strategy to the 
appropriate committees of Congress.
      The conference agreement inserts a new section 167 that 
requires the District government to maintain for fiscal year 
1999 the same funding levels as provided in fiscal year 1997 
for homeless services in the District and provides an 
additional $1,000,000 to be paid to The Doe Fund for its Ready, 
Willing & Able program.
      The conference agreement inserts a new section 168 that 
requires the Chief Financial Officer to submit a revised 
appropriated funds operating budget for all agencies of the 
District government no later than November 1, 1998, or within 
30 calendar days after the date of enactment of this Act, 
whichever occurs later.
      The conference agreement inserts a new section 169 to 
waive the congressional review period for the Oyster Elementary 
School Construction and Revenue Bond Act of 1998.
      The conference agreement changes section number 149 of 
the House bill to 170 and restores language as proposed by the 
House to prohibit the use of any funds to distribute needles or 
syringes for the hypodermic injection of any illegal drug, or 
for any payment to any individual or entity who carries out any 
such program.
      The conference agreement changes section number 151 of 
the House bill to 171 and restores language proposed by the 
House that prohibits the use of funds to conduct any ballot 
initiative which seeks to legalize or reduce the penalties for 
possession of certain controlled substances.
      The conference agreement deletes section 152 of the House 
bill which would have prohibited the use of funds to carry out 
any joint adoption of a child between individuals who are not 
related by blood or marriage.
      The conference agreement deletes section 153 of the House 
bill which would have made it unlawful for individuals under 18 
years of age to possess any cigarette or other tobacco product 
in the District of Columbia and would have imposed penalties 
for violations.

                         Reporting Requirements

      The conferees are concerned by the numerous, sometimes 
duplicative and overlapping reporting requirements enacted each 
year and imposed on various District government entities. Some 
of the requirements have been submitted to Congress as part of 
the District's consensus budget, and others have been added 
during budget deliberations by both the House and Senate 
Appropriations Committees. Many of these requirements were 
triggered by the financial and managerial problems that have 
plagued the District government throughout the past decade. 
According to the Authority, the District government is subject 
to 34 reporting requirements pursuant to the fiscal year 1998 
appropriations bill and accompanying reports. The DCPS system 
alone must respond to ten reporting deadlines. Reporting 
provisions are so numerous that compliance is difficult to 
monitor.
      The Federal Payment Reauthorization Act of 1994 (Public 
Law 103-373) requires the development of both performance and 
financial accountability plans for the District government. The 
Chief Financial Officer has complied with the financial 
reporting requirements, which were designed to aid the District 
in eliminating any differences between expenditures from and 
revenues attributable to each fund of the District government. 
The District government has made substantial progress in 
closing the budget shortfalls and has estimated the fiscal year 
1998 surplus to be $302,000,000.
      While the District government is behind schedule on the 
implementation of the Act's performance reporting requirements, 
the Authority, under the direction of the District's new Chief 
Management Officer, submitted to Congress the final Performance 
Accountability Plan for fiscal year 1999 on September 30, 1998. 
The Plan will improve the District government's accountability 
through the specification of measurable performance goals and 
the reporting of actual results.
      The combination of quarterly financial accountability 
reports and annual performance reports will provide Congress 
with an overview of the District's financial and managerial 
status, while simultaneously transforming the District 
government into a performance-based operation with measurable 
goals and objectives. These reporting requirements are 
consistent with the reporting standards for all Federal 
government agencies pursuant to the Government Performance and 
Results Act of 1993.
      The conferees direct the Council of the District of 
Columbia, the Mayor and the Authority to review the various 
reporting regulations currently in effect and analyze any 
redundant or outdated reporting requirements in light of the 
standards of the Federal Payment Reauthorization Act of 1994. 
The conferees further direct the Authority to provide to the 
Committees on Appropriations of the Senate and House of 
Representatives, the Committee on Governmental Affairs of the 
Senate, and the Committee on Government Reform and Oversight of 
the House of Representatives by January 15, 1999, its 
recommendations for the consolidation and streamlining of 
reporting requirements contained in the annual District of 
Columbia appropriations bills.

                          Conference Agreement

      The following tables summarize the amounts, by Federal 
funds and by District funds for each office or agency, agreed 
to in this conference:





                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the committee of conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

Federal funds:
    New budget (obligational) authority, fiscal year 
      1998..............................................    $533,000,000
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................     486,200,000
    House bill, fiscal year 1999........................     491,181,000
    Senate bill, fiscal year 1999.......................     481,800,000
    Conference agreement, fiscal year 1999..............     494,590,000
    Conference agreement compared with:
        New budget (obligational) authority, fiscal year 
          1998..........................................     -38,410,000
        Budget estimates of new (obligational) 
          authority, fiscal year 1999...................      +8,390,000
        House bill, fiscal year 1999....................      +3,409,000
        Senate bill, fiscal year........................     +12,790,000
District of Columbia funds:
    New budget (obligational) authority, fiscal year 
      1998..............................................   4,962,967,000
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................   6,767,679,737
    House bill, fiscal year 1999........................   6,794,937,737
    Senate bill, fiscal year 1999.......................   6,767,679,737
    Conference agreement, fiscal year 1999..............   6,790,168,737
    Conference agreement compared with:
        New budget (obligational) authority, fiscal year 
          1998..........................................  +1,827,201,737
        Budget estimates of new (obligational) 
          authority, fiscal year 1999...................     +22,489,000
        House bill, fiscal year 1999....................      -4,769,000
        Senate bill, fiscal year 1999...................     +22,489,000

   SECTION 101(d)--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 1999

      The conferees on H.R. 4328 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the difference in the House and Senate 
versions of H.R. 4569, the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1999, by 
members of the appropriations subcommittees of both the House 
and Senate with jurisdiction over H.R. 4569.

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

                         Subsidy Appropriation

      The conference agreement appropriates $765,000,000 for 
the subsidy appropriation of the Export-Import Bank instead of 
$745,500,000 as proposed by the House and $785,000,000 as 
proposed by the Senate. The appropriations are available for 
four years.
      The conferees note that authority to transfer additional 
funds to this account from ``Assistance for the New Independent 
States of the Former Soviet Union'' is provided under that 
heading, as proposed by the Senate.

                Export-Import Bank of the United States

                        administrative expenses

      The conference agreement appropriates $50,000,000 for 
administrative expenses of the Export-Import Bank instead of 
$49,000,000 as proposed by the Senate and $50,277,000 as 
proposed by the House. It also delays the sunset provision of 
Section 117 of the Export Enhancement Act of 1992, relating to 
compensation of employees, until October 1, 1999, as proposed 
by the Senate. A ceiling of $22,500 is placed on official 
reception and representation expenses of the Board of 
Directors, instead of $20,000 as proposed by the House and 
$25,000 as proposed by the Senate.

       Overseas Private Investment Corporation Non-Credit Account

      The conference agreement appropriates $32,500,000 for 
administrative expenses of the Overseas Private Investment 
Corporation (OPIC) instead of $33,000,000 as proposed by the 
House and $32,000,000 as proposed by the Senate. Of this 
amount, $5,000,000 is withheld from obligation until OPIC 
provides certain reports relating to sector funds and 
activities in the southern Caucasus, instead of $16,500,000 as 
proposed by the Senate.

                      Trade and Development Agency

      The conference agreement appropriates $44,000,000 for the 
Trade and Development Agency instead of $43,000,000 as proposed 
by the Senate and $41,500,000 as proposed by the House.
      The conferees concur with House report language on the 
Trade and Development Agency and OPIC as it relates to an East-
West transport corridor and the Caspian Sea region. The 
managers also note discussion of the corridor and Turkmenistan 
in this Statement under the heading ``Assistance for the New 
Independent States of the Former Soviet Union.''

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Agency for International Development

                Child Survival and Disease Programs Fund

      The conference agreement appropriates $650,000,000 as 
proposed by the House. The Senate bill contained no provision 
on this matter, but included funds for these activities under 
``Development Assistance''. The managers agree with the House 
report language regarding the use of the funds appropriated 
under this heading, including $105,000,000 for a grant to 
UNICEF and $25,000,000 for polio eradication. The grant for 
UNICEF does not preclude AID from providing additional funding 
for specific UNICEF projects as may be applicable.
      The managers also concur with House and Senate report 
language on infectious diseases. At least $50,000,000 above the 
amount provided for HIV/AIDS is to be made available from funds 
under this heading to strengthen global surveillance and 
control of infectious diseases as proposed by the House. The 
Senate included similar bill language under ``Development 
Assistance''.
      The total available to combat infectious diseases should 
be $215,000,000 in fiscal year 1999. In implementing programs, 
projects, and activities to combat infectious diseases, the 
conferees support AID's new strategy to address the global 
threat of infectious diseases, which focuses on activities to 
improve surveillance and response, and to combat anti-microbial 
resistance, malaria, and tuberculosis. They expect AID to 
continue to consult closely with the Appropriations Committees, 
the National Institute of Allergy and Infectious Diseases of 
the National Institutes of Health (NIH), the Centers for 
Disease Control and Prevention (CDC), and other relevant 
agencies involved in international health issues.
      The funding increase above the fiscal year 1998 level 
should be used for programs, projects, and activities for the 
prevention and control of such infectious diseases as drug-
resistant tuberculosis.
      As language in last year's Statement of Managers 
suggesting that Mexico be included among country programs 
funded by AID was ignored, the conferees direct that an 
effective program for Mexico be included in the 1999 
allocation. To the greatest extent possible, a subsidy should 
be provided for the Mexican share of the binational approach 
that has been developed to protect residents on both sides of 
the Mexico/Texas border from the ravages of tuberculosis. In 
addition, the conferees support the regional tuberculosis 
control initiative proposed by the Gorgas Memorial Institute 
and recommend that up to $2,000,000 be made available for this 
activity in Latin America. The Committees expect to be fully 
consulted by AID before it finalizes its 1999 spending plan for 
tuberculosis.
      The conference agreement includes $125,000,000 for both 
bilateral and multilateral HIV/AIDS prevention and control 
programs, as proposed by the House.
      The conferees are aware that an estimated 600,000 women 
die from pregnancy-related causes annually, and that most of 
these lives could be saved with better healthcare and 
nutrition. The conferees encourage AID to provide as much as 
$50,000,000 for activities intended to improve the health and 
nutrition of pregnant women and mothers of newborn children. 
AID is requested to consult with WHO, the Global Health 
Council, and others in developing a strategy to address these 
problems.
      The conference agreement includes not less than 
$12,000,000 for orphans, displaced, and blind children. An 
additional $3,000,000 should be made available for support of 
children in Russian and Ukrainian orphanages from this account 
and Assistance to the New Independent States.

                         Development Assistance

                     (Including transfer of funds)

      The conference agreement appropriates $1,225,000,000 for 
``Development Assistance'' instead of $1,174,000,000 as 
proposed by the House and $1,904,000,000 as proposed by the 
Senate. The Senate included funding for the ``Child Survival 
and Disease Programs Fund'' under its ``Development 
Assistance'' account.
      The conference agreement includes language from the 
Senate amendment which inserts authority to obligate funds 
pursuant to title V of the International Security and 
Development Cooperation Act of 1980 (African Development 
Foundation), and section 401 of the Foreign Assistance Act of 
1969 (Inter-American Foundation) under this heading. The 
conference agreement provides authority apportioning directly 
up to $20,000,000 for the Inter-American Foundation and up to 
$11,000,000 for the African Development Foundation. The Senate 
provided allocations for these two foundations at levels of 
$20,000,000 and $8,000,000, respectively. The House bill had 
provided separate appropriations accounts for the foundations 
at levels of $20,680,000 for the Inter-American Foundation and 
$13,160,000 for the African Development Foundation.
      The conferees have agreed to an increase for this account 
in part to enable additional funding for Indonesia without 
adversely affecting other countries in the region, or countries 
in other regions.
      The conferees support funding for the Latin America and 
the Caribbean region, under this account and ``Economic Support 
Fund'', at least at the level allocated for fiscal year 1998.
      The conference agreement also includes House language 
allowing not to exceed $2,500,000 to be transferred to 
``International Organizations and Programs'' for a contribution 
to the International Fund for Agricultural Development (IFAD). 
The Senate amendment included similar language.
      The conference agreement includes language that states 
that not less than $500,000 should be made available for 
support of the United States Telecommunications Training 
Institute. The Senate amendment included bill language 
mandating that such funds be made available for this purpose. 
The House bill did not address this matter.
      The conference agreement contains language similar to 
that in the House bill that withholds funds for the central 
Government of South Africa until the Secretary of State reports 
on the steps being taken by the United States to work with the 
Government of the Republic of South Africa to negotiate the 
repeal, suspension, or termination of section 15(c) of South 
Africa's Medicines and Related Control Amendment Act No. 90 of 
1997. The Senate amendment did not contain a provision on this 
matter.
      The conference agreement includes language from the 
Senate amendment not in the House bill that provides not to 
exceed $25,000, in addition to funds otherwise available for 
such purposes, to monitor and provide oversight for assistance 
programs for displaced and orphan children and victims of war.
      The conference agreement includes language stating that 
not less than $1,500,000 should be made available for 
agriculture programs in Laos. The Senate amendment would have 
mandated not less than $2,000,000 for this purpose; the House 
bill did not address this matter.
      The conference agreement includes language similar to a 
provision in the Senate amendment that requires that not less 
than 50 percent of the funds made available for the 
Microenterprise Initiative should be made available for loans 
of $300 or less for very poor people, particularly women, or 
for institutional support of organizations primarily engaged in 
making such loans. The House bill did not address this matter.
      The conference agreement prohibits funds from being made 
available for any activity in contravention to the Convention 
on International Trade in Endangered Species of Flora and Fauna 
(CITES) as proposed by the House.

                       Voluntary Family Planning

      The conference agreement includes language that states 
that voluntary family planning projects that are funded through 
this account meet certain requirements. The House bill included 
language with a similar intent. The Senate amendment did not 
address this matter.
      The conference substitute states that project service 
providers or referral agents cannot implement or be subject to 
quotas or other numerical targets, of total number of births, 
number of family planning acceptors, or acceptors of a 
particular method of family planning. The conference substitute 
deletes the word ``goals'' from the original amendment because 
it is redundant in light of the prohibition on quotas and 
numerical targets. If goals are applicable to a project and are 
implemented in a manner that, in fact, makes them quotas or 
other numerical targets, then it is the conferees' intention 
that such ``goals'' be considered as violations of this 
provision.
      The conference substitute makes clear that projects may 
rely on quantitative estimates or ``indicators'', so long as 
such estimates or indicators are used only for budgeting and 
planning purposes and do not function as quotas or numerical 
targets.

                              Agriculture

      The conference agreement does not contain language from 
the Senate amendment regarding the minimum level of funding for 
agriculture programs. However, the conferees are concerned 
about the decline in funding for international agriculture. It 
is one of the keys to economic development, and significantly 
more than half of the world's developing population is engaged 
in agricultural production. If agricultural production is 
improved and increased, not only is there a positive economic 
impact, but more rural poor are able to overcome the rampant 
hunger and malnutrition experienced by many children, women and 
men in developing countries. International agricultural 
development is also supported by many important members of the 
U.S. agricultural industry, including agribusiness, farmers, 
ranchers, and universities, because of the long-term benefits 
of developing and expanding export markets for U.S. goods and 
services.
      The conferees note that AID has included agricultural 
development as one of its major goals for the coming year, and 
strongly support agricultural programs in ``Development 
Assistance'' and in the other accounts administered by AID. The 
conferees recommend $305,000,000 for these activities in fiscal 
year 1999.
      Prior to the submission of the report required by section 
653 of the Foreign Assistance Act, AID is directed to consult 
with the Committees on Appropriations regarding the proposed 
allocation of sector resources, including those intended for 
agriculture.

                 American Schools and Hospitals Abroad

      The conference agreement does not contain Senate language 
requiring that not less than $15,000,000 shall be available 
only for the American Schools and Hospitals Abroad (ASHA) 
program. However, the managers direct the Agency for 
International Development to fully uphold its commitment to the 
Appropriations Committees to obligate at least $15,000,000 for 
the American Schools and Hospitals Abroad program in fiscal 
year 1999.
      The conferees believe that several institutions which 
have received funding under the ASHA program have distinguished 
records and deserve further support. They include:
            --The American University of Beirut which has 
        trained Middle Eastern leaders for 130 years in a 
        strong liberal arts tradition encouraging freedom of 
        expression, private initiative, and tolerance. Its 
        academic quality and longstanding relationship with 
        regional governments make the university a primary 
        resource for regional development.
            --The Lebanese American University (formerly Beirut 
        University College) is the most rapidly growing 
        institution of higher learning in Lebanon and is an 
        increasingly important resource for regional 
        development.
            --The Hadassah Medical Organization has established 
        an important record of outreach and service. Hadassah's 
        programs are designed to train native populations to 
        improve the health and welfare of their own people 
        using American ideas and technology.
            --The Johns Hopkins University's centers in 
        Bologna, Italy, and Nanjing, China are vital national 
        resources promoting democracy and international market 
        economics in central and Eastern Europe and China. The 
        conferees expect that $500,000 be provided for the 
        Nanjing center.
            --The Feinberg Graduate School [FGS] of the 
        Weizmann Institute of Science in Israel has long served 
        as a model of American scientific education for 
        postgraduate students and scholars from around the 
        world. ASHA funds have been used exclusively to 
        purchase American-made scientific equipment from 
        American suppliers.
      In addition, the Bikur Cholim Hospital is one of the 
oldest medical institutions in Israel, and is today the only 
medical center in the heart of Jerusalem. There is an urgent 
need for renovation and expansion at Bikur Cholim to 
accommodate the emergency medical needs of all residents of 
Jerusalem. The managers recommend funding be provided for 
modernizing infrastructure and adding space, equipment and 
medical and nursing personnel at the Bikur Cholim Hospital.
      The conferees note that University College, Dublin, is 
launching a Center of American Studies to provide educational 
programs in American culture, history and economics. The 
conferees recommend that AID seriously consider supporting the 
Center under the ASHA program.

                   Mitch Mc Connell Conservation Fund

      While the conference agreement does not include language 
from the Senate amendment establishing the Mitch McConnell 
Conservation Fund, the conferees support the fund.
      In April 1998, the Government of Ecuador passed landmark 
legislation promoting conservation of biodiversity and 
sustainable development of the Province of the Galapagos 
Islands. The conferees note that Ecuador does not have the 
resources to assure the laws can be fully and effectively 
implemented to protect this unique environment. To fulfill 
these requirements, the conferees direct that not less than 
$1,200,000 be provided for research, conservation, training and 
related activities. Of this sum, not less than $500,000 should 
be made available for activities conducted by the Charles 
Darwin Research Station and $200,000 should be made available 
to support training and conservation activities conducted by 
the Galapagos National Park Service. Finally, not less than 
$500,000 should be made as a contribution to an endowment for 
the Charles Darwin Research Station and Foundation.

                     Patrick Leahy War Victims Fund

      The conferees recommend $12,000,000 for medical, 
orthopedic, and related rehabilitative and preventive 
assistance for war victims, particularly those who have been 
severely disabled from landmines and other unexploded ordnance. 
Of this amount, up to $10,000,000 is to be funded from the 
``Development Assistance'' account and the ``Economic Support 
Fund''. The balance should be funded from Office of Transition 
Initiatives resources, and with funds from the demining budget 
of the ``Nonproliferation, anti-terrorism, demining and related 
programs'' account, for example, to conduct surveys of the 
needs of landmine victims. Any such programs to assist war 
victims should be designed and implemented in consultation with 
AID's manager of the Leahy War Victims Fund.

                  Private and Voluntary Organizations

      The conference agreement includes language from the 
Senate amendment providing that funds appropriated under title 
II of this Act should be made available to private and 
voluntary organizations (PVO's) at a level which is at least 
equivalent to the level provided in fiscal year 1995. The House 
bill included similar language.

                                 Cyprus

      The conference agreement includes Senate language 
providing that not less than $15,000,000 of the funds 
appropriated under ``Development Assistance'' and ``Economic 
Support Fund'' be made available for Cyprus, to be used only 
for scholarships, administrative support, bicommunal projects, 
and measures aimed at reunification of the island. The House 
bill contained no provision on this matter.

                                 Burma

      The conference agreement includes a total of $6,500,000 
from ``Development Assistance'' and ``Economic Support Fund'' 
to support democracy and humanitarian programs related to 
Burma. Such funds may be made available notwithstanding any 
other provision of law and are subject to notification. The 
Senate amendment specified the uses for the funds beyond 
democracy and humanitarian assistance, and the funding source 
was limited to ``Development Assistance''. The House bill 
contained no provision on this matter.
      The conference agreement appropriates $6,500,000 from 
``Development Assistance'' and ``Economic Support Fund'' 
resources to promote the restoration of democracy in Burma and 
support humanitarianprograms along Burma's borders and outside 
Burma. Of this amount, $3,500,000 should be made available to support 
democracy activities in Burma, democracy and humanitarian activities 
along the Burma-Thailand border, and for Burmese student groups and 
other organizations located outside Burma, of which, not less than 
$500,000 should be made available for newspapers, media and 
publications promoting democracy in and related to Burma. Finally, 
$3,000,000 should be made available to support the provision of medical 
supplies and services, education and humanitarian assistance to 
displaced Burmese along the Burma borders.
      The conferees are concerned by the lack of consultation 
with the legitimate government of Burma regarding the 
expenditure of such funds and directs that such consultations 
take place on the obligation of fiscal year 1999 funds. The 
conferees note the dramatic increase in repression in Burma 
during 1998. Credible reports indicate that more than 800 
members of the National League for Democracy and its supporters 
have been detained, tortured or executed in the past several 
months. These abuses have occurred in an attempt by the State 
Peace and Development Council (SPCC) to prevent the National 
League of Democracy, the legitimate winners of the 1990 
elections, from convening and seating a parliament.
      The conferees continue to be concerned by the slow 
disbursement of funds made available for Burma in spite of the 
fact that there has been little change in the selected 
beneficiaries over the past three years. The conferees direct 
that 15 days after enactment of this Act, the committees on 
appropriations be provided with a report on the obligation of 
all funds in fiscal years 1997 and 1998 and thirty days 
thereafter an assessment of any changes anticipated in the 
administration of funds for fiscal year 1999.

                                Cambodia

      The conference agreement includes language prohibiting 
funds for Cambodia until the Secretary of State determines and 
reports to the Committees on Appropriations that the Government 
of Cambodia has: (1) thoroughly and credibly resolved all 
election-related disputes and complaints filed by all political 
parties to the National Election Commission and the 
Constitutional Council; (2) discontinued all political violence 
and intimidation of journalists and members of opposition 
parties; and (3) been formed through credible, democratic 
elections. This restriction does not apply to demining or 
activities administered by nongovernmental organizations, but 
any funds made available for such purposes are subject to 
notification. The House bill and Senate amendment contained 
similar provisions.
      The conferees encourage representatives from the 
Secretary of State in consultation with representatives from 
the Director of the Federal Bureau of Investigation to meet 
with impacted parties, including victims, of the March 30, 
1997, grenade attack in Phnom Penh to discuss the status of 
their report. The FBI's investigation and report are classified 
and the conferees believe that full disclosure of its fundings 
could be important to resolving outstanding concerns.

                               Indonesia

      The conference agreement provides that of the funds 
appropriated under the headings ``Development Assistance'' and 
``Economic Support Fund'', not less than $75,000,000 shall be 
made available for assistance for Indonesia. Of this amount, up 
to $25,000,000 may be derived from funds that are available for 
obligation pursuant to section 511 of this Act or any 
comparable provision of law. In addition, the language states 
that $15,000,000 of these funds should be administered by the 
Office of Transition Initiatives. The Senate amendment had 
provided not less than $100,000,000 for Indonesia from the 
funds appropriated under ``Development Assistance'', and 
specified the uses for the funds. The House bill did not 
address this matter.
      The conferees have included the use of deobligation/
reobligation authority for programs for Indonesia with the 
expectation that the authority will be fully utilized, and that 
the sources for use of this authority could be derived from 
projects from any region of the world.

                   International Disaster Assistance

      The conference agreement appropriates $200,000,000 for 
``International Disaster Assistance'' instead of $150,000,000 
as proposed by the House.
      The conferees note that an additional $15,000,000 for the 
Office of Transition Initiatives will be available for 
Indonesia from sources outside of this account.
      The conference agreement does not include language 
proposed by the Senate that provided not less than $500,000 for 
a hydraulic drilling machine to provide potable drinking water 
in the region of the Nuba Mountains in Sudan. The House bill 
did not address this matter.

             Urban and Environmental Credit Program Account

      The conference agreement appropriates $1,500,000 for 
subsidy budget authority instead of $3,000,000 as proposed by 
the Senate. The House bill did not address this matter. In 
addition, the agreement appropriates $5,000,000 for 
administrative expenses instead of $5,500,000 as proposed by 
the House and $4,000,000 as proposed by the Senate.

     Operating Expenses of the Agency for International Development

      The conference agreement appropriates $479,950,000 
instead of $460,000,000 as proposed by the House and 
$475,000,000 as proposed by the Senate. Also, the conference 
agreement does not include language proposed by the Senate to 
extend the availability of these funds until September 30, 
2000.

 Operating Expenses of the Agency for International Development Office 
                          of Inspector General

      The conference agreement appropriates $30,750,000 for the 
Office of Inspector General instead of $31,500,000 as proposed 
by the House and $30,000,000 as proposed by the Senate. Funds 
provided in this account for security activities should be 
transferred to the account for operating expenses of the agency 
pursuant to section 587 of this Act.

                         Economic Support Fund

      The conference agreement appropriates $2,367,000,000 
instead of $2,305,600,000 as proposed by the Senate and 
$2,326,000,000 as proposed by the House.

                            The Middle East

      The conference agreement inserts language proposed by the 
Senate which earmarks $1,080,000,000 for Israel and 
$775,000,000 for Egypt. The conference agreement inserts 
language that not less than $150,000,000 should be made 
available for Jordan.

                                 Israel

      The conferees wish to commend Prime Minister Netanyahu 
and the Government of Israel for putting forward an historic 
proposal to eliminate Israel's economic aid over the course of 
the next decade. The Prime Minister's proposal recognized 
Israel's remarkable economic growth, technological advances and 
financial progress, and assumed Israel's ability to finance its 
own economic requirements in the future. At the same time, the 
Government of Israel noted that the security situation in the 
Middle East remains of great concern, particularly with respect 
to the proliferation of weapons of mass destruction, and 
therefore defense requirements to meet these challenges will 
increase in the future. The conferees note that media reports 
regarding the transfer of weapons of mass destruction from 
nations such as Russia, China and North Korea to countries in 
the region support Israel's concern that these transfers pose 
an ominous threat to Israel's future security.
      After extensive discussions with the Administration, the 
conferees recommend the following modalities for aid to Israel. 
The conferees believe that a phased reduction in Israel's 
economic assistance, implemented in equal increments of 
$120,000,000 per year, extended over a period of not more than 
ten years, should begin this fiscal year. This phased reduction 
will result in the eventual elimination of ``Economic Support 
Fund'' assistance for Israel. Theconferees also expect that as 
a result of this reduction plan, Israel will be absolved of current 
financial obligations it may have to support through direct 
contributions to the U.S. government any other neighboring Middle East 
nation.
      The conferees are also convinced that the emerging 
security threats in the Middle East are significant and warrant 
transferring half of Israel's reduction in economic aid to 
military assistance thus enabling Israel to ensure fully its 
security. As a result, the conferees recommend increasing 
military assistance to Israel by $60,000,000 in fiscal year 
1999 with a strong presumption that similar annual incremental 
increases will be required over the next decade. However, with 
respect to this recommended increase in military assistance, 
the conferees must be very clear that they cannot commit future 
Congresses to the future appropriation of funds. Therefore, 
future increases in military assistance will require the annual 
review of the Congress and will necessarily be based upon an 
assessment of the security situation at the time.
      The conference agreement therefore provides that not less 
than $1,080,000,000 in Economic Support Funds shall be provided 
for Israel, which is $120,000,000 less than the fiscal year 
1998 level and the amount requested by the President. The 
conference agreement also requires that these funds be provided 
to Israel as a cash grant within thirty days of the signing of 
this Act or by October 31, 1998, whichever is later.

                                 egypt

      As part of the Committees on Appropriations' ongoing 
review of Middle East aid levels, and as a result of budget 
constraints affecting the international affairs budget, there 
have been extensive discussions with the Government of Egypt 
and the Administration regarding appropriate future aid levels 
for Egypt. As a key friend and ally in the region, Egypt's 
critical role in the Middle East and essential contribution to 
the peace process cannot be overstated. The conferees note that 
Egypt's economic and security needs are unique and consequently 
distinctly different from other countries in the region. 
However, the conferees are convinced that Egypt's overall aid 
levels must be reduced to meet current budget requirements. 
Therefore, the conferees believe this reduction in overall 
funding levels must begin this year, be carried out in equal 
annual increments, and result in a reduction in economic 
assistance to half of the 1998 level in no more than ten years.
      The conference agreement therefore recommends that not 
less than $775,000,000 in Economic Support Funds shall be 
provided for Egypt on a grant basis, which is $40,000,000 less 
than the fiscal year 1998 level. A cash transfer shall be 
provided with the understanding that Egypt will continue to 
implement significant economic reforms. The conferees strongly 
recommend that not less than $200,000,000 of the funds 
allocated for Egypt be used for Commodity Import Program 
assistance. The conferees also strongly encourage the 
Administration to work with the Government of Egypt to develop 
mechanisms in the economic, trade and investment areas which 
will make assistance to Egypt more flexible and effective. The 
conferees expect the Administration to consult with the 
Committees on Appropriations on the outcome of these 
discussions.

                                 jordan

      The conferees express their continued strong support for 
and appreciation of Jordan's constructive and critical role in 
the peace process and encourage the Administration, in close 
consultation and cooperation with the Congress, to continue its 
efforts to assist Jordan in both the economic and security 
areas. The conference agreement therefore recommends that not 
less than $150,000,000 should be made available for Jordan. The 
conferees also encourage Jordan to continue its ongoing 
economic reform program.

                               holocaust

      The conference agreement includes language providing that 
not to exceed $10,000,000 may be used to support victims of the 
Holocaust. The Senate amendment included language that also 
authorized the use of funds for programs. The House bill did 
not address this matter.

                             western sahara

      The conferees support former Secretary of State James 
Baker's efforts to ensure, as mandated by the Houston Agreement 
and the United Nations Settlement Plan, the prompt completion 
of a free, fair and transparent referendum on self-
determination for the people of Western Sahara. The conferees 
regret the problems described in recent reports to the Security 
Council by United Nations Secretary General Kofi Annan, and 
urge the two parties to resolve these matters expeditiously by 
fully cooperating with Secretary Baker and the United Nations.

                                 haiti

      The conference agreement strikes language proposed by the 
Senate earmarking not less than $500,000 for the Special 
Investigative Unit (SIU) of the Haiti National Police and 
providing that up to $250,000 may be made available to assist 
orphanages in Haiti. The managers concur with the Senate that a 
professional SIU, fully supported by its Government, is 
essential to the rule of law in Haiti and that programs to 
assist Haitian children in orphanages should be continued under 
the current dire economic conditions in Haiti. No later than 45 
days after enactment of this Act, the Secretary of State is 
requested to report to the Committees on the proposed fiscal 
year allocation for these programs in Haiti.

                    palestinian-israeli cooperation

      The conferees recommend that $500,000 be made available 
to support the Palestinian-Israeli Cooperation Program to 
promote better understanding and mutual respect between 
Israelis and Palestinians at a time when the Middle East Peace 
process is threatened by violence and terrorist acts.

                     International Fund for Ireland

      The conference agreement appropriates $19,600,000 as 
proposed by the House. The Senate amendment assumed funding for 
this activity under the ``Economic Support Fund''.

          Assistance for Eastern Europe and the Baltic States

      The conference agreement appropriates $430,000,000 
instead of $450,000,000 as proposed by the House and 
$432,500,000 as proposed by the Senate.
      The conference agreement includes House language deleted 
by the Senate that prohibits funds from being used for new 
housing construction or repair or reconstruction of existing 
housing in Bosnia and Herzegovina unless directly related to 
efforts of United States troops to promote peace in said 
country.
      The agreement also includes House language that 
authorizes the President to withhold funds made available for 
economic revitalization for Bosnia and Herzegovina if he 
determines and certifies to the Committees on Appropriations 
that the Federation of Bosnia and Herzegovina is not in 
compliance with the Dayton agreement regarding the removal of 
foreign forces, and that intelligence cooperation on training, 
investigations, and related activities between Iranian and 
Bosnian officials has not been terminated. This matter was not 
addressed in the Senate amendment.
      The conference agreement includes language limiting the 
assistance for Bosnia and Herzegovina to $200,000,000. However, 
this limitation doesnot extend to funds from other accounts, as 
proposed by the Senate. The House bill contained a funding limitation 
of $225,000,000 for this purpose.
      The conference agreement reflects a reduction of 
$12,500,000 associated with the proposal to initiate a new 
foundation for central Europe. In addition, the conferees 
endorse the House report language regarding a transfer of funds 
to the National Endowment for Democracy pursuant to section 
632(a) of the Foreign Assistance Act.

                          Assistance to Latvia

      Latvian law enforcement officials have identified 
transnational Russian organized crime groups with well-
established ties to similar structures in neighboring countries 
such as Russia, and disturbing links between Russian criminal 
elements in Latvia and organized crime groups in the U.S. and 
Western Europe. The Latvian government and the Latvian State 
Police are committed to combating organized crime, but they are 
handicapped by lack of money to purchase necessary technical 
equipment needed to put the police on an even par with better 
financed and equipped criminal groups. The conferees support 
the provision of up to $500,000 from this account or from 
``International narcotics control and law enforcement'', to be 
made available to the Latvian State Police Organized Crime 
Bureau in order to enable that body to purchase necessary 
technical equipment.

  Assistance for the New Independent States of the Former Soviet Union

      The conference agreement appropriates $801,000,000 
instead of $590,000,000 as proposed by the House and 
$740,000,000 as proposed by the Senate. The conferees included 
language that allows for the transfer of funds to the Export-
Import Bank as proposed by the Senate and a limitation on the 
percentage of funds that may be allocated for any single 
country in the region as proposed by the House.
      The Coordinator for Assistance to the New Independent 
States is required by the conference agreement to inform the 
Committees on Appropriations prior to any obligation of funds 
to a national laboratory for nuclear safety activities if the 
estimated management costs exceed 9 percent of the overall cost 
of the activity.
      The conferees recognize the critical importance to Russia 
and its relations with the United States of the 1999 Duma 
elections and the year 2000 presidential election. It would be 
beneficial to expose potential candidates in those elections 
and other Russian leaders to American democratic processes. The 
conferees are aware of Administration plans to bring 120 
regional and other emerging local leaders to the United States 
during the period leading up to the elections. While the 
conferees support this proposal, a bolder course of action 
seems warranted. Therefore, the conferees recommend that no 
fewer than 500 regional and local leaders be brought to the 
United States. This goal could be achieved by coordinating to 
the greatest extent possible with existing interparliamentary 
exchanges and encouraging USIA to seek greater private sector 
support to expand this program through its International 
Visitor Program.
      The conferees are also aware of the growing lack of 
resources available for orphanages in many areas of the Russian 
Federation. In some regions orphanages lack necessary medical 
facilities, housing, and vocational training. The conferees 
support assistance to alleviate these problems, as discussed 
under the heading ``Child Survival and Disease Programs Fund''.

                              Russia-Iran

      The conference agreement continues the current 
restrictions, as proposed by the House, on assistance to the 
Government of Russia as long as Russian enterprises and 
institutes continue to collaborate with Iran toincrease Iranian 
capability to develop and deploy nuclear and ballistic missile 
technology. The Senate withheld all funds for Russia and did not 
include a waiver provision. The conferees concur with both Senate and 
House report language on the seriousness of this matter, and agree that 
partnerships between United States hospitals, universities, and 
environmental organizations and counterpart institutions in Russia 
should not be affected by subsection (c).

                                Ukraine

      The conference agreement earmarks $195,000,000 for 
Ukraine with the expectation that Ukraine will use its 
assistance to support economic reform. The conferees have 
withheld 50 percent of the funding for Ukraine for 120 days 
pending a report from the Secretary of State as proposed by the 
Senate. At that time, the withheld money will be released if 
the Secretary certifies that Ukraine has undertaken significant 
economic reforms that are additional to those which were 
undertaken in previous years. The economic reforms must include 
effective enforcement of reformed commercial and tax codes and 
continued progress on resolution of complaints by U.S. 
investors. In the event that the Secretary's certification 
cannot be made, the amount withheld from Ukraine would be made 
available for other purposes within the New Independent States 
instead of being returned to the Treasury as proposed by the 
Senate.
      The conferees have exempted nuclear safety programs and 
law enforcement activities from the withholding provision. The 
managers expect that not less than $25,000,000 of the funds 
should be used to provide simulators, training, and safety 
analysis reports, and safety related equipment at nuclear 
reactors in Ukraine. Not less than $1,000,000 of the nuclear 
reactor safety program is to be used for personnel security 
initiatives at all nuclear installations in Ukraine.

                        Southern Caucasus region

      The conference agreement provides for a Southern Caucasus 
Region funding account as proposed by the House. The managers 
seek to make the maximum use of American assistance as an 
incentive for the regional parties to cooperate with the Minsk 
Group and other international mediators seeking to bring peace 
to the South Caucasus. The managers are convinced that the 
ready availability of international reconstruction aid, 
including the potential U.S. initial contribution provided in 
this conference agreement, will encourage leaders to make 
peace. The managers intend that emphasis be placed on restoring 
transportation, telecommunications, and other infrastructure 
that promotes regional economic integration.
      The conference agreement includes $228,000,000 for the 
Southern Caucasus region. It includes specific funding targets 
for three areas of United States national interest in the 
region: (1) $39,900,000 is initially reserved for post-conflict 
assistance to the region and could be used as seed money for a 
much larger international program of reconstruction assistance; 
(2) the amount of $84,360,000 is initially allocated for 
Georgia; and (3) the amount of $79,900,000 is initially 
allocated for Armenia. If after May 30, 1999, the Secretary of 
State finds that the funds reserved for regional reconstruction 
cannot be effectively used, the unobligated balance could be 
redistributed within the Southern Caucasus.
      The conferees intend that fiscal year 1999 funds made 
available for the American University of Armenia endowment 
shall be a one-time United States contribution and shall be 
placed in a trust with the interest available for use by the 
university. The conference agreement does not include 
additional suballocations of funds provided for Armenia and 
Georgia, as proposed by the Senate.
      The conferees agreed to provide five exemptions from the 
statutory restrictions on assistance to the Government of 
Azerbaijan, as proposed by the Senate, instead of three 
exemptions and a broader humanitarian waiver as proposed by the 
House.

                            Russian far east

      The conferees again note the importance of the Russian 
Far East. The area continues to be recognized as vital to the 
future development of the Russian Federation's economy. Its 
rich natural resource base and proximity to the United States 
has won it the attention of increasing numbers of international 
industries and companies. However, attempts to coordinate trade 
promotional efforts have not yet reached their full potential.
      The conferees note the emerging work of the Regional 
Investment Initiatives within the Russian Far East and look 
forward to the establishment of the fiscal year 1998 
Development Credit Authority programs within the region during 
1999. The role that these programs may play in this region is 
significant and the conferees direct that these programs be 
given priority by the relevant agencies.
      The conferees further direct that upon the establishment 
of the Development Credit Authority, the funds available under 
that program be used to stimulate joint ventures between 
American firms with expertise in primary industries, including 
natural resource development, telecommunications and basic 
infrastructure, finance, and consumer goods. The program should 
be designed to minimize risk to enable American participation 
in light of the current economic uncertainties in Russia.

                  East-west corridor and Turkmenistan

      The conferees recommend up to $10,000,000 from funding 
made available under titles I and II to promote energy and 
infrastructure development in Turkmenistan. The conferees 
believe that the development of energy resources in the Caspian 
Sea region is important to the economic development of the 
countries involved, as well as regional stability. In addition, 
the conferees believe that it is important to facilitate the 
development of alternatives to a pipeline through Iran and 
support an east-west energy corridor to assist in developing 
the region's energy resources.

                                Mongolia

      The conference agreement retains authority for funds 
provided under this heading to be used in Mongolia, a 
struggling democracy. Because of Mongolia's many links with the 
former Soviet Union and Central Europe, the conferees encourage 
the use of common assistance mechanisms from those regions. The 
amount provided for Mongolia from all accounts should be at a 
level which is no less than the fiscal year 1998 obligation 
level, as proposed by the House, instead of not less than 
$10,000,000 as proposed by the Senate. The more flexible 
conference language allows the Administration to respond to the 
rapidly changing climate for reform and democracy in Mongolia.

                           Independent Agency

                              Peace Corps

      The conference agreement appropriates $240,000,000 
instead of $230,000,000 as proposed by the House and 
$221,000,000 as proposed by the Senate.

                          Department of State

          International Narcotics Control and Law Enforcement

      The conference agreement appropriates $261,000,000 for 
``International Narcotics Control''. The House bill proposed 
$275,000,000 for this account, while the Senate amendment 
contained an appropriation of $222,000,000.
      The conference agreement provides sufficient funds to 
fully fund programs for Bolivia, Peru, and Colombia. In 
addition, up to $25,000,000 of funds under ``Development 
Assistance'' may be used for agriculture and crop substitution 
programs in those countries.
      The conference agreement includes language from the House 
bill, not included by the Senate, that allows the State 
Department to use section 608 of the Foreign Assistance Act, 
without regard to its restrictions, to receiveexcess property 
from an agency of the U.S. government for use in a foreign country, 
subject to notification.
      The conference agreement does not contain Senate language 
providing not less than $9,000,000 for law enforcement training 
and demand reduction. The House bill did not address this 
matter.
      The conference agreement includes language stating that 
no funds may be made available to establish an International 
Law Enforcement Academy for the Western Hemisphere outside of 
the United States. In addition, the language states that the 
academy should be established at the deBremond Training Center 
in Roswell, New Mexico. The Senate amendment would have 
mandated that the academy be established at this site. The 
House bill did not address this matter.

                    Migration and Refugee Assistance

      The conference agreement appropriates $640,000,000 as 
proposed by the House instead of $650,000,000 as proposed by 
the Senate. The conference agreement also includes Senate 
language, not in the House bill, that provides not less than 
$70,000,000 for refugees from the former Soviet Union and 
Eastern Europe and other refugees resettling in Israel.
      The conferees support the House report language regarding 
assistance to Tibetan refugees.
      The managers are concerned by reports that textbooks and 
curricula used by the United Nations Relief and Works Agency 
for Palestine Refugees in the Near East (UNRWA) may contain 
anti-Semitic material. The managers direct the Secretary of 
State to submit a report to the Committees on Appropriations, 
not later than 90 days after enactment of this Act, specifying 
whether the content of the textbooks and curricula used by 
UNRWA contains anti-Semitic material.

         United States Emergency and Migration Assistance Fund

      The conference agreement appropriates $30,000,000 as 
proposed by the House instead of $20,000,000 as proposed by the 
Senate.

    Nonproliferation, Anti-terrorism, Demining and Related Programs

      The conference agreement appropriates $198,000,000 for 
``Nonproliferation, Anti-Terrorism, Demining and Related 
Programs'' instead of $170,000,000 as proposed by the Senate 
and $152,000,000 as proposed by the House.

                          Demining Activities

      The conference agreement includes a provision proposed by 
the Senate which provides that not less than $35,000,000 should 
be provided for humanitarian demining programs administered by 
the Department of State, of which not to exceed $500,000 may be 
used for related expenses. The conferees strongly support 
programs to locate and remove landmines and other unexploded 
ordnance, including mine awareness and education, mapping and 
marking, and training of deminers.
      The conferees are aware that the United States, Canada, 
the United Nations, the UN Foundation, the Vietnam Veterans of 
America Foundation, and others are preparing to launch jointly 
landmine surveys in at least ten of the world's most seriously 
mine-affected countries. This two-year effort, which will plot 
the location and number of mines in each country, should 
significantly advance the United States' Demining 2010 
Initiative. The conferees support this effort and recommend a 
first year contribution of $3,500,000 in fiscal year 1999 
funds.

                                  KEDO

      The House bill included a general provision which 
prohibited the use of funds for the Korean Peninsula Energy 
Development Organization. The Senate included language which 
provided up to $35,000,000, subject to a certification by the 
President that certain specific conditions had been met. 
Section 582 of the conference agreement deals with this issue.

                      Nonproliferation Activities

      The conference agreement recommends $15,000,000 for the 
Nonproliferation and Disarmament Fund. The conferees strongly 
support the core nonproliferation activities of the NDF which 
is designed to provide the Secretary of State with a flexible 
funding source to respond to urgent, unanticipated 
nonproliferation activities of immediate concern to the United 
States.

                     Comprehensive Test Ban Treaty

      The conference agreement provides authority for a United 
States contribution to the Comprehensive Test Ban Treaty 
Preparatory Commission as proposed by the House and the Senate. 
The conference agreement further provides that twenty days 
prior to the obligation of funds for this purpose, the 
Secretary of State shall inform the Committees on 
Appropriations of her intent to obligate these funds. The 
conferees note that this language is not a reprogramming 
notification. However, the conferees understand and expect that 
the Administration will treat this process, with respect to the 
Committees on Appropriations, in the same manner as a 
reprogramming notification. The Senate had proposed that the 
obligation of funds for this purpose be made subject to the 
regular notification procedures of the Committees on 
Appropriations.

                       Department of the Treasury

                           Debt Restructuring

      The conference agreement appropriates $33,000,000 instead 
of $36,000,000 as proposed by the House and $25,000,000 as 
proposed by the Senate.
      The conference agreement includes House language 
authorizing concessional debt relief for sub-Saharan Africa; 
providing authority of up to $2,900,000 for implementation of 
the foreign credit reporting system; and specifying that sub-
Saharan debt relief should be extended to ``IDA-only'' 
countries. In addition, language has been included to implement 
the debt swap provisions of section 808(a)(3) of part V of the 
Foreign Assistance Act, as amended, which involve no cost to 
the Treasury.

               International Affairs Technical Assistance

      The conference agreement appropriates $1,500,000 instead 
of $3,000,000 as proposed by the Senate. The House bill did not 
address this matter. The authorization for this program is 
contained in section 589.

       United States Community Adjustment and Investment Program

      The conference agreement appropriates $10,000,000 for the 
United States Community Adjustment and Investment Program which 
is authorized by section 543 of the North American Free Trade 
Agreement Implementation Act.

                     TITLE III--MILITARY ASSISTANCE

             International Military Education and Training

      The conference agreement appropriates $50,000,000 as 
proposed by the House and the Senate.

                         School of the Americas

      The conference agreement includes language proposed by 
the House which makes the obligation of funds under this 
heading to support IMET training at the School of the Americas 
contingent upon a certification by the Secretary of Defense 
that the instruction and training provided by the School of the 
Americas is fully consistent with training and doctrine, 
particularly with respect to the observance of human rights, 
provided by the Department of Defense to United States military 
students at Department of Defense institutions whose primary 
purpose is to train United States military personnel.
      The conference agreement includes a general provision 
(Sec. 577) requiring a detailed report to the Congress on all 
military training provided to foreign military personnel under 
programs administered by the Department of Defense and the 
Department of State during fiscal years 1998 and 1999, which 
would include training conducted at the School of the Americas.

                        Guatemala and Indonesia

      The conference agreement includes language proposed by 
the House which limits Indonesia and Guatemala to expanded IMET 
only. The Senate proposed the same limitation for Guatemala 
only. The conference agreement includes a provision proposed by 
the House which would make the obligation of funds for 
Guatemala subject to the regular notification procedures of the 
Committees on Appropriations.

                               east timor

      The conferees continue to support a peaceful resolution 
of the situation in East Timor. The conferees remain convinced 
that human rights and democratic pluralism in Indonesia must be 
awarded greater respect and protection by the Indonesian 
Government and every effort must be made by the Government to 
ensure that human rights abuses, torture, political 
intimidation and harassment are completely curtailed not only 
in East Timor, but throughout Indonesia. It is the conferees' 
view that the current economic and political changes in 
Indonesia offer a rare opportunity for the Government of 
Indonesia to take bold and innovative steps to deal with the 
East Timor issue. In this regard, the conferees support an 
internationally supported referendum to determine a 
comprehensive settlement of the political status of East Timor.

                                Mongolia

      The conferees commend the Department of Defense for the 
Department's implementation of the fiscal year 1998 IMET 
program in Mongolia and urge continued support for this 
important program in Mongolia, particularly in the expanded 
IMET area.

           Foreign Military Financing Program (Grant Program)

      The conference agreement appropriates $3,330,000,000 
instead of $3,322,910,000 as proposed by the Senate and 
$3,335,910,000 as proposed by the House.

                            the middle east

      The conference agreement inserts earmarks for Israel and 
Egypt which provide that not less than $1,860,000,000 shall be 
available for grants only for Israel and not less than 
$1,300,000,000 shall be available for grants only for Egypt.
      The conference agreement provides that not less than 
$45,000,000 should be available for grants only for Jordan. The 
conference agreement provides additional security support for 
Jordan by directing the President to draw down not less than 
$25,000,000 in defense equipment and services for Jordan.

                                 israel

      The conferees have included specific bill language 
increasing military assistance for Israel as a result of the 
broad dialogue on Israel's aid levels initiated by Israeli 
Prime Minister Netanyahu following his address to a joint 
session of the Congress on July 10, 1996. As noted in the 
section of the statement of managers entitled ``Israel'' under 
the heading ``Economic Support Fund'', it is the conferee's 
view that while Israel's economy has improved significantly in 
recent years, the security situation in the Middle East, 
particularly with respect to weapons of mass destruction, has 
worsened. The conferees are extremely concerned that Israel's 
technological military edge could erode as a result of the 
unrestrained sales of advanced military equipment, including 
nuclear and ballistic missile technology, to Israel's potential 
adversaries by nations such as Russia, China and North Korea. 
Media reports as recently as the spring of this year suggest 
that Russia, China and North Korea were the sources of 
dangerous weapons of mass destruction transfers to the region. 
Therefore, the conferees are convinced the United States must 
make every effort to carry out its long-standing policy of 
ensuring that Israel's technological edge is maintained. As a 
result, the conference agreement provides an increase of 
$60,000,000 above the President's request for Israel in fiscal 
year 1999. The conferees also believe that a sustained military 
improvement program will be required over the next decade, at 
an annual incremental rate of approximately $60,000,000, to 
assist Israel in responding to these emerging security 
challenges. However, with respect to this recommended increase 
in military assistance, the conferees must be very clear that 
they cannot commit future Congresses to the future 
appropriation of funds. Therefore, future increases in military 
assistance will require the annual review of the Congress and 
will necessarily be based upon an assessment of the security 
situation at the time.
      The conferees also recommend that to the extent that the 
Government of Israel requests that FMF grant funds for Israel 
be used for such purposes, and as agreed by Israel and the 
United States, funds may be made available for advanced weapons 
systems of which not less than $490,000,000 shall be available 
for the procurement in Israel of defense articles and defense 
services, including research and development. This represents a 
$15,000,000 increase over prior year levels and reflects a 
recognition by the conferees of Israel's need for increased 
flexibility in meeting the emerging security challenges in the 
Middle East over the next decade.

                                 egypt

      The conference agreement recommends a total Foreign 
Military Financing Program for Egypt of not less than 
$1,300,000,000 in Foreign Military Financing grants. The 
conferees fully appreciate Egypt's strategic location, its 
immediate proximity to Libya and Sudan both of which actively 
support international terrorism, its critical contribution 
during the Gulf Warin resisting Iraqi aggression, and its 
essential role in the Middle East peace process. The conferees are 
convinced that continued military cooperation between Egypt and the 
United States remains in the national security interests of both 
countries.
      The conferees also encourage the Government of Egypt to 
give strong consideration to the purchase of an American short 
range air defense system which is also being fielded by Army 
National Guard units.

                                 jordan

      The conferees are convinced that Jordan is a critical 
ally and friend of the United States in the Middle East with 
significant security requirements. Jordan is also an invaluable 
and constructive participant in the Middle East peace process. 
The conferees strongly support this strategic alliance and as a 
result direct the Administration to provide not less than the 
full request of $45,000,000 for Jordan, as well as direct the 
President to provide an additional $25,000,000 drawdown of 
defense articles and services.

                                tunisia

      The conference agreement provides that not less than 
$7,000,000 shall be made available for Tunisia, of which not 
less than $5,000,000 shall be provided as a drawdown of defense 
articles and services and shall count against the overall 
earmark. The conferees note the strong relationship which 
exists between Tunisia and the United States and therefore urge 
the administration to review further the military assistance 
program for Tunisia to determine if it can be made more 
effective, particularly in the areas of excess defense 
articles, IMET and FMF funds.

                 poland, hungary and the czech republic

      The conferees direct the Administration to provide not 
less than $30,000,000 in funds made available for FMF grants 
and FMF loans for Poland, Hungary, and the Czech Republic to 
facilitate the integration of these nations into NATO. The 
conferees remain convinced that this assistance is critical and 
they reiterate Congress' commitment to assisting these nations 
in their efforts to integrate fully into NATO and to meet their 
new military and security obligations as NATO members.

                           the baltic states

      In recognition of the continued strong relations which 
exist between the Baltic states and the United States, the 
conferees direct the administration to provide not less than 
$15,300,000 for Estonia, Latvia and Lithuania. These funds are 
provided to enhance programs aimed at improving the military 
capabilities of these nations and to strengthen their 
interoperability and standardization with NATO, including the 
development of a regional airspace control system. Given 
progress in economic reform and meeting military guidelines for 
prospective NATO members, the conferees continueto believe the 
Baltic States will make an important contribution to enhancing 
stability and peace in Europe and are strong candidates for NATO 
membership.
      The conference agreement retains House language which 
provides that the obligation of funds for any non-NATO country 
participating in the Partnership for Peace shall be subject to 
notification.

                                georgia

      The conferees welcome the provision of increased Foreign 
Military Financing assistance to the Government of Georgia in 
fiscal year 1998 in order to support the transfer of UH-1H 
helicopters to that country. The conferees believe sufficient 
funds should be made available in fiscal year 1999 in order to 
complete the transfer of the helicopters while not negatively 
affecting the other identified priorities for the United States 
FMF program in Georgia.

                                mongolia

      The conferees are concerned by problems facing the 
government of Mongolia in maintaining and upgrading their 
civilian and military air traffic control systems. Without U.S. 
assistance the Mongolian government will be forced to rely on 
Russia to supply spare parts to its aging Russian-origin 
systems. The conferees encourage the Department of Defense to 
review means of assisting Mongolia in upgrading its existing 
Soviet era air traffic control system.

                    enhanced peacekeeping initiative

      The conferees are concerned that the Administration was 
unable to identify in its fiscal year 1999 Congressional 
presentation unique activities for the future use of the 
Enhanced Peacekeeping Initiative resources or potential 
recipients, other than those already substantially supported by 
the African Crisis Response Initiative. Justification materials 
suggest the resources are to be made available for U.N. standby 
arrangements, activities with little congressional support. The 
conferees direct that none of these funds shall be made 
available until the Department of State provides a report to 
the Committees on Appropriations detailing the Enhanced 
Peacekeeping Initiative's unique functions and expected 
beneficiaries.

                            FMF Loan Program

      The conference agreement appropriates $20,000,000 as 
proposed by the House and Senate for the subsidy cost of direct 
loans. The conference agreement provides that these funds are 
available to support not to exceed $167,000,000 in direct loans 
as proposed by the House and the Senate.

                        Peacekeeping Operations

      The conference agreement provides $76,500,000 for 
peacekeeping operations instead of $62,250,000 as proposed by 
the House and $75,000,000 as proposed by the Senate. The 
conference agreement deletes a provision proposed by the Senate 
regarding the former Director General of the Sinai Multilateral 
Force and Observers. The conferees expect that the former 
Director General of the MFO will not be retained in any 
capacity by the organization.

                   african crisis response initiative

      The conferees support the full fiscal year 1999 request 
for the African Crisis Response Initiative. The conferees 
remain convinced that these funds should be utilized to foster 
the growth of democracy and the protection of human rights in 
Africa and should not be directed to undemocratic governments 
with a history of human rights abuses by their militaries.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  International Financial Institutions

     Contribution to the International Bank for Reconstruction and 
                              Development

                      Global Environment Facility

      The conference agreement appropriates $192,500,000 
instead of $47,500,000 as proposed by the Senate and 
$42,500,000 as proposed by the House. All these funds are for 
contributions previously due.

       Contribution to the International Development Association

      The conference agreement provides that no funds may be 
obligated for the International Development Association until 
the Comptroller General has been provided access to certain 
records, as proposed by the Senate. Such obligation shall also 
be subject to a report to the Committee on Appropriations. This 
requirement is not intended to trigger the provisions of 
section 634A(c) of the Foreign Assistance Act.

               Contribution to the Asian Development Fund

      The conference agreement appropriates $210,000,000 for 
the Asian Development Fund as proposed by the House instead of 
$187,000,000 as proposed by the Senate. Of this amount, 
$187,000,000 is for contributions previously due.
      The reduction from the Administration's request for the 
Seventh Replenishment of the Fund was made solely for budgetary 
reasons, and does not indicate any lack of Congressional 
support for ADF VII.

              Contribution to the African Development Fund

      The conference agreement appropriates $128,000,000 for 
the African Development Fund as proposed by the House instead 
of $5,000,000 as proposed by the Senate. Of this amount, 
$88,300,000 is for contributions previously due.

                International Organizations and Programs

      The conference agreement appropriates $187,000,000 
instead of $157,250,000 as proposed by the House and 
$170,000,000 as proposed by the Senate.
      The conference agreement includes House language on the 
United Nations Population Fund (UNFPA) that prohibits funding 
for that organization. The Senate amendment did not address 
this matter.
      The conference agreement includes language indicating 
that $5,000,000 should be made available for the World Food 
Program, but does not mandate a minimum funding level as 
proposed in the Senate amendment. The House bill contained no 
provision on this matter.
      The conference agreement contains Senate language 
prohibiting the obligation of funds to the Climate 
Stabilization Fund until 15 days after the State Department 
provides a report detailing the number of Fund employees and 
associated salaries and details on the 1998 and 1999 budget for 
the Fund.
      The conferees strongly support the programs of the United 
Nations Development Program and recognize the need to preserve 
U.S. leadership in the organization through a strong U.S. 
investment.

                      TITLE V--GENERAL PROVISIONS

Sec. 502. Prohibition of Bilateral Funding for International Financial 
                              Institutions

      The conference agreement deletes the words ``as amended'' 
after ``Foreign Assistance Act of 1961,'' as proposed by the 
Senate. This is a technical amendment.

       Sec. 512. Limitation on Assistance to Countries in Default

      The conference agreement includes waivers for Brazil and 
Liberia from the requirements of section 620(q) of the Foreign 
Assistance Act as proposed by the House. However, the waiver 
exemption does not apply to the Democratic Republic of Congo as 
proposed by the House. The Senate amendment had deleted 
references to all three countries.

                     Sec. 514. Surplus Commodities

      The conference agreement includes language similar to 
that of the Senate amendment that states the Secretary of the 
Treasury should direct U.S. executive directors to 
international financial institutions to use the voice and vote 
of the United States to support the purchase of American 
produced agricultural commodities. The House bill did not 
address this issue.

                  Sec. 515. Notification Requirements

      The conference agreement makes ``Child Survival and 
Disease Programs Fund'', as proposed by the House, subject to 
the notification requirements of this section. The Senate 
amendment had deleted the reference to this account and had 
included the account ``Debt restructuring''.

    Sec. 516. Limitation of Availability of Funds for International 
                       Organizations and Programs

      The conference agreement includes Senate language that 
amends section 307(a) of the Foreign Assistance Act to include 
in the section's restrictions, at the discretion of the 
President, Communist countries listed in section 620(f) of that 
Act. The House bill contained a funding limitation on this 
matter.

      Sec. 517. New Independent States of the Former Soviet Union

      This section includes routine language formerly included 
under the heading ``Assistance to the New Independent States of 
the Former Soviet Union''. The conference agreement expands the 
current investment pre-conditions on assistance to the 
Government of Russia to all governments in the region, as 
proposed by the Senate. It also includes two technical 
adjustments, as proposed by the Senate, relating to a redundant 
reference to disaster assistance and to use of interest earned 
by enterprise funds.

    Sec. 519. Excess Defense Articles for Central European Countries

      The conference agreement includes House language (that 
was also in section 569 of the Senate amendment) that amends 
section 105 of Public Law 104-164 by striking ``1996 and 1997'' 
and inserting ``1999 and 2000''.

              Sec. 520. Special Notification Requirements

      The conference agreement adds ``Honduras'' as proposed by 
the House to the list of countries subject to the special 
notification requirements of this section. Language from the 
House bill that included ``Panama'' and ``Peru'' is not 
incorporated in the conference agreement, nor is language from 
the Senate amendment that included ``India''.

          Sec. 522. Child Survival, AIDS and Other Activities

      The conference agreement includes language extending the 
authorities under this section to disease programs. The House 
and Senate had similar language. In addition, the conference 
agreement includes House language that provides that funds 
appropriated under title II may be made available pursuant to 
section 301 of the Foreign Assistance Act if a primary purpose 
is child survival and related programs. The Senate amendment 
did not address this matter.

                      Sec. 524. Reciprocal Leasing

      The conference agreement includes Senate language which 
makes the authorities under this section operative for the 
``current fiscal year''. The House bill had referred 
specifically to fiscal year 1999. This is a technical 
amendment.

                      Sec. 527. Democracy in China

      The conference agreement contains House language 
providing authority to utilize the Economic Support Fund to 
support nongovernmental organizations located outside China to 
foster democracy in China. The Senate included no such 
provision.
      Funds should support a broad range of internal and 
external activities, including, but not limited to, dissident 
and opposition programs, legislative reforms, and democratic 
reform of village committee elections. Funding should also 
include general support for foundations and nongovernmental 
organizations as well as support for specific democracy 
activities through nongovernmental organizations. The conferees 
also support funding for the training and education of Tibetans 
as proposed in the House report. The conferees believe that 
this section will not preclude the ongoing programs conducted 
by nongovernmental organizations in the People's Republic of 
China. However, this provision is not intended to be used to 
support the China Rule of Law program as proposed in the budget 
request.

  Sec. 528. Prohibition on Bilateral Assistance to Terrorist Countries

      The conference agreement includes Senate language that 
prohibits funds in this Act from being made available for any 
country that the President determines grants sanctuary to a 
terrorist individual or group or otherwise supports 
international terrorism. The House bill did not address this 
matter.

                      Sec. 533. Separate Accounts

      The conference agreement includes Senate language that 
amends permanent law to clarify the treatment of separate 
accounts for local currencies which are generated by grants 
from the United States. The House bill waived current law.

     Sec. 537. Authorities for the Peace Corps, the Inter-American 
 Foundation, the African Development Foundation and the International 
                   Fund for Agricultural Development

      The conference agreement includes Senate language that 
exempts the International Fund for Agricultural Development 
(IFAD) from certain restrictions on the use of funds contained 
in ``International Organizations and Programs'' in this and 
prior Acts. The House bill did not address this matter.

                 Sec. 539. Serbia-Montenegro and Kosova

      The conference agreement includes language that prohibits 
the use of funds in this or any other Act from modifying or 
removing any sanction, prohibition or requirement with respect 
to Serbia-Montenegro unless the President submits to the 
Congress a certification described below. The agreement also 
includes language from section 594 of the Senate amendment that 
requires the Secretary of the Treasury to instruct executive 
directors of international financial institutions to use the 
voice and vote of the United States to oppose assistance to 
Serbia-Montenegro, unless such certification is submitted.
      The required certification would state that: (1) there is 
substantial improvement in the human rights situation in 
Kosova; (2) international human rights observers are allowed to 
return to Kosova; (3) Serbian, Serbian-Montenegrin federal 
government officials, and representatives of the ethnic 
Albanian community in Kosova have agreed on and begun 
implementation of a negotiated settlement on the future status 
of Kosova; and (4) Serbia-Montenegro is in full compliance with 
the Dayton Accords, including the provisions on war criminals.
      The President is provided the authority to waive the 
restrictions of this section, in whole or in part, if he 
certifies in writing that the waiver is necessary to meet 
emergency humanitarian needs or to advance negotiations toward 
a peaceful settlement of the conflict in Kosova that is 
acceptable to the parties. In addition, Montenegro is exempt 
from the restrictions of this section.
      The conference agreement contains language from both 
sections 539 and 594 of the Senate amendment on Serbia-
Montenegro. Both of those provisions would have mandated the 
continuation of sanctions on Serbia-Montenegro, with specified 
exemptions and certifications required before the sanctions 
could be removed. The House bill did not address this matter.

                     Sec. 540. Special Authorities

      The conference agreement includes House language 
exempting funds under titles I and II for Montenegro from any 
other provision of law, but does not include language in the 
House bill that was deleted by the Senateexempting humanitarian 
assistance for the peoples of Bosnia and Herzegovina and Croatia from 
any other provision of law.
      The conference agreement includes Senate language that 
makes funds available for tropical forestry activities 
notwithstanding any other provision of law and, subject to 
notification, energy programs aimed at reducing greenhouse gas 
emissions. The House bill did not address these issues.
      The conference agreement includes language proposed by 
the House in subsection (d) which enables the President to 
waive section 1003 of Public Law 100-204, relating to 
prohibitions regarding the Palestinian Liberation Organization, 
if the President determines that it is important to the 
national security interests of the United States.

   sec. 541. policy on terminating the arab league boycott of israel

      The conference agreement includes language proposed by 
the House which deals with the decision in 1997 by the Arab 
League to reinstate the boycott of Israel and encourages the 
President to take certain specific steps in response to this 
decision. The Senate amendment included similar language.

                  Sec. 542. anti-narcotics activities

      The conference agreement contains House language that 
waives certain provisions of section 534 of the Foreign 
Assistance Act to allow for administration of justice programs 
in Latin America and the Caribbean. The Senate amendment would 
have repealed the provisions that are waived in the conference 
agreement.

                  sec. 543. eligibility for assistance

      The conference agreement includes Senate language 
regarding exemptions from restrictions on certain assistance if 
carried out by nongovernmental organizations from funds 
appropriated under the heading ``Assistance for Eastern Europe 
and the Baltic States''. The House bill did not address this 
matter.

            sec. 546. prohibition on publicity or propaganda

      The conference agreement includes language limiting to 
$750,000 the amount that may be made available to carry out the 
provisions of section 316 of Public Law 96-533 relating to 
hunger and development education. The House bill included a 
limitation of $950,000 for this purpose. The Senate bill did 
not include a limitation.

       sec. 547. purchase of american-made equipment and products

      The conference agreement includes Senate language that 
provides that federal agencies to the maximum extent 
practicable use funds in this Act to purchase American 
agricultural commodities. The House referred to American-made 
goods and services, but did not include the additional 
requirement of the Senate amendment.
      The Senate amendment included a provision requiring the 
Secretary of the Treasury to report on the efforts of all 
federal agencies and international financial institutions to 
comply with the requirements of this section. The House bill 
did not address this matter. The conferees direct that the 
Office of Management and Budget prepare an annual report on 
compliance with this section.

sec. 551. prohibition on assistance to foreign governments that export 
    lethal military equipment to countries supporting international 
                               terrorism

      The conference agreement provides that the prohibition on 
assistance applies with respect to a contract entered into 
after ``October 1, 1997'' as proposed by the House instead of 
``after the date of enactment of this Act'' as provided by the 
Senate.

                 sec. 554. war crime tribunals drawdown

      The conference agreement includes the Senate proposal to 
increase the drawdown limitation from the House level of 
$25,000,000 to $30,000,000. It also exempts the tribunals for 
the former Yugoslavia and Rwanda from notification procedures. 
The conference agreement includes language from the Senate 
amendment that discusses the establishment of any standing or 
permanent international criminal tribunal or court, and states 
that the authorities provided herein do not constitute an 
endorsement of such a tribunal or court.

                          sec. 555. landmines

      The conference agreement retains language proposed by the 
House. The Senate amendment included a similar provision, with 
additional language addressing United States policy regarding 
the global landmine convention.

              sec. 558. equitable allocation of resources

      The conference agreement inserts language providing that 
not more than 17 percent of the funds appropriated to carry out 
the provisions of sections 103 through 106 and chapter 4 of 
part II of the Foreign Assistance Act that are made available 
for Latin America and the Caribbean region may be made 
available, through bilateral and regional programs, to provide 
assistance to any one country in such region. The House bill 
contained a limitation of 18 percent. The Senate amendment did 
not address this matter.

              sec. 561. Limitation on Assistance to Haiti

      The conference agreement inserts a substitute provision 
limiting assistance to the central Government of Haiti. The 
House bill was similar to the Senate amendment, but the 
conference substitute includes a waiver, as proposed by the 
House, allowing the Secretary of State at any time after 150 
days to waive certain limitations if one of the three required 
major public entities has been completely privatized.
      The conference agreement also includes ``civic groups'' 
instead of ``grass roots civic organizations'' as proposed by 
the Senate. The House bill made no provision for civic groups. 
With respect to any Congressional notification relating to the 
development or support of civic groups, the conferees intend 
that such funding will be limited to groups that are engaged in 
activities to promote or support a multiparty democratic 
process and institutions in Haiti.
      The limitations on aid to the Government of Haiti in 
subsection (a) do not apply to provision of urgent humanitarian 
aid as proposed by the House, instead of all humanitarian and 
education assistance as proposed by the Senate.

                      sec. 564. Burma Labor Report

      The conference agreement contains Senate language, not 
addressed in the House bill, that requires a report ninety days 
after enactment on labor practices in Burma and specifies the 
scope of the report. The conferees note that a report required 
in the fiscal year 1998 Act that was due 90 days after 
enactment had not been transmitted by the time the House and 
Senate took action on this Act for fiscal year 1999.

                            Sec. 565. Haiti

      The conference agreement includes Senate language that 
provides authority for Haiti to purchase defense articles and 
services. The House bill did not address this matter.

    Sec. 567. Limitation on Assistance to the Government of Croatia

      The conference agreement includes language proposed by 
the House that bars use of funds made available to the 
Government of Croatia in title II to relocate the remains of 
Croatian Ustashe soldiers to the site of the World War II 
concentration camp at Jasenovac, Croatia. The Senate amendment 
did not address this matter.

         Sec. 568. Limitation on Assistance to Security Forces

      The conference agreement includes House language which 
prohibits funds in this Act from being provided to any unit of 
the security forces of a foreign country if the Secretary of 
State has credible evidence that such unit has committed gross 
violations of human rights, unless the Secretary determines and 
reports to the Committees on Appropriations that the government 
of such country is taking effective measures to bring 
responsible members of the security forces to justice. The 
language also provides that nothing in this section shall be 
construed to withhold funds from any unit not credibly alleged 
to be involved in gross violations of human rights. In 
addition, if funds are withheld pursuant to this section, the 
Secretary is directed to promptly provide to the foreign 
government the basis for such action and shall, to the maximum 
extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the 
security forces to justice.
      By ``credible evidence'' the conferees do not intend that 
the evidence must be admissible in a court of law. As in past 
years, by ``taking effective measures to bring responsible 
members of the security forces to justice'', the conferees 
intend that the government carry out a credible investigation 
and that the individuals involved face appropriate disciplinary 
action or impartial prosecution in accordance with local law.

 Sec. 569. Limitations on Transfer of Military Equipment to East Timor

      The conference agreement includes language proposed by 
the House. The Senate amendment included nearly identical 
language, deleting the language referring to Indonesia's 
inherent right to self-defense which was included in the House 
bill.

 Sec. 570. restrictions on assistance to countries providing sanctuary 
                       to indicted war criminals

      The conference agreement includes language prohibiting 
bilateral assistance, and the support of the United States for 
certain multilateral assistance, for countries and entities not 
in compliance with the war crimes provisions of the Dayton 
peace accords for the former Yugoslavia. The House bill and the 
Senate amendment contained similar language.

 Sec. 571. additional requirements relating to stockpiling of defense 
                     articles for foreign countries

      The conference agreement includes language proposed by 
the Senate which in subsection (a) amends section 514(b)(2)(A) 
of the Foreign Assistance Act by authorizing additions to 
defense stockpiles for foreign countries of $340,000,000 for 
fiscal year 1999. Subsection (b) amends section 514(b)(2)(B) of 
the same Act to authorize, for fiscal year 1999, not more than 
$320,000,000 for stockpiles in the Republic of Korea and not 
more than $20,000,000 for stockpiles in Thailand. The House 
bill contained a similar provision on this matter.

 Sec. 572. To Prohibit Foreign Assistance to the Government of Russia 
    Should It Enact Laws Which Would Discriminate Against Minority 
               Religious Faiths in the Russian Federation

      The conference agreement includes language proposed by 
the Senate. The House bill did not address this matter.

                   Sec. 573. Greenhouse Gas Emissions

      The conference agreement includes language requiring the 
President to report on federal expenditures for climate and 
global change programs and activities. The report is required 
as part of the President's budget submission for the year 2000. 
The House bill and Senate amendment contained similar language.
      In addition, funds made available to promote country 
participation in the Kyoto Protocol to the Framework Convention 
on Climate Change shall be subject to the regular notification 
procedures of the Committees on Appropriations. The House bill 
did not address this matter. The Senate amendment would have 
extended the notification requirement to climate change 
activities in the energy, industry, urban, and land use 
sectors.
      The conferees understand that the intent of the remaining 
notification requirement is not to prevent funding for these 
activities, but rather to ensure that information requested by 
the Committees relating to the use of these funds is provided 
on a timely basis.

  Sec. 575. Aid to the Government of the Democratic Republic of Congo

      The conference agreement modifies House and Senate 
language regarding assistance to the Democratic Republic of 
Congo. It would prohibit assistance to the central government 
of the Democratic Republic of Congo until the President reports 
that said government is: (1) investigating and prosecuting 
those responsible for human rights violations committed in the 
Democratic Republic of Congo; and (2) implementing a credible 
democratic transition program. The restrictions of this section 
would not apply to assistance to promote democracy and the rule 
of law as part of a plan to implement a credible democratic 
transition program.

                Sec. 576. Assistance for the Middle East

      The conference agreement includes House language that 
provides for a total ceiling on bilateral assistance from 
specified accounts for assistance for the Middle East of 
$5,402,850,000, but allows for a national security waiver of 
the cap. The Senate amendment did not address this matter.

                 Sec. 577. Enterprise Fund Restrictions

      The conference agreement includes House language that 
requires that, prior to the distribution of any assets 
resulting from any liquidation, dissolution, or winding up of 
an Enterprise Fund, in whole or in part, the President shall 
submit a plan for the distribution of the assets of the 
Enterprise Fund to the Committees on Appropriations in 
accordance with regular notification procedures. The Senate 
amendment did not address this matter.

                           Sec. 578. Cambodia

      The conference agreement includes House language stating 
the Secretary of the Treasury should instruct the United States 
executive directors of international financial institutions to 
use the voice and vote of the United States to oppose loans to 
the Government of Cambodia. That portion of the House language 
that restricts bilateral assistance is addressed under title 
II.

            sec. 580. authorization for population planning

      The conference agreement includes language that provides 
a limitation of $385,000,000 from funds appropriated in title 
II of this Act for population planning activities or other 
population assistance. In addition, such funds may be 
apportioned only on a monthly basis at a rate of not to exceed 
8.34 percent per month. The House bill contained the first 
provision. The Senate amendment contained language under 
``Development Assistance'' that provided for not less than 
$435,000,000 for such activities.

  Sec. 581. Report on All United States Military Training Provided to 
                       Foreign Military Personnel

      The conference agreement includes language proposed by 
the House and Senate, modified to apply the requirement for a 
joint Secretary of State and Secretary of Defense report on all 
military training provided to U.S. military personnel under 
programs administered by the Department of Defense and the 
Department of State during 1998 and 1999. The report is to be 
delivered to the Committees on Appropriations, the Foreign 
Relations Committee of the Senate, and the International 
Relations Committee of the House by January 31, 1999.

       Sec. 582. Korean Peninsula Energy Development Organization

      The conference agreement provides that not to exceed 
$35,000,000 of the funds made available under the heading 
``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'' may be available for the Korean Peninsula Energy 
Development Organization (KEDO), notwithstanding any other 
provision of law, only for the administrative expenses and 
heavy fuel oil costs associated with the Agreed Framework. The 
House bill prohibited funding to KEDO and the Senate amendment 
provided $35,000,000 subject to presidential certification.
      The conference agreement provides that none of these 
funds may be made available until March 1, 1999.
      The conference agreement further provides that of the 
funds made available for KEDO, up to $15,000,000 may be made 
available prior to June 1, 1999, if, thirty days prior to such 
obligation of funds, the President certifies and so reports to 
Congress that:
            (1) the parties to the Agreed Framework have taken 
        and continue to take demonstrable steps to assure that 
        progress is made on the implementation of the January 
        1, 1992, Joint Declaration on the Denuclearization of 
        the Korean Peninsula, progress is being made on the 
        implementation of the North-South dialogue, and North 
        Korea is complying with all provisions of the Agreed 
        Framework and with the Confidential Minute between 
        North Korea and the United States;
            (2) North Korea is cooperating fully in the canning 
        and safe storage of all spent fuel from its graphite-
        moderated nuclear reactors;
            (3) North Korea has not significantly diverted 
        assistance provided by the United States for purposes 
        for which it was not intended; and
            (4) The United States is fully engaged in efforts 
        to impede North Korea's development and export of 
        ballistic missiles.
      The conference agreement also provides that of the funds 
made available for KEDO, up to $20,000,000 may be made 
available on or after June 1, 1999, if, thirty days prior to 
such obligation of funds, the President certifies and so 
reports to Congress that:
            (1) The United States has initiated meaningful 
        discussions with North Korea on implementation of the 
        Joint Declaration on the Denuclearization of the Korean 
        Peninsula;
            (2) The United States has reached agreement with 
        North Korea on the means for satisfying United States 
        concerns regarding suspect underground construction; 
        and,
            (3) The United States is making significant 
        progress in negotiations with North Korea on reducing 
        and eliminating the North Korean ballistic missile 
        threat, including its ballistic missile exports.
      The President may waive the certification requirements of 
subsections (b) and (c) if the President determines that it is 
vital to the national security interests of the United States 
and provides written policy justification to the appropriate 
congressional committees prior to his exercise of such waiver. 
The conference agreement also provides that no funds may be 
obligated for KEDO until 30 days after submission to Congress 
of such waiver.
      The conferees agree that a very senior presidential envoy 
is now necessary to help restore confidence in the 
Administration's North Korea policy, as well to engage the 
North Korean government at the most senior levels. Therefore, 
the conference agreement provides that no later than January 1, 
1999, the President shall name a ``North Korea Policy 
Coordinator'', who shall conduct a full and complete 
interagency review of United States policy toward North Korea, 
shall provide policy direction for negotiations with North 
Korea related to nuclear weapons, ballistic missiles, and other 
security related issues, and shall also provide leadership for 
United States participation in KEDO.
      In addition, the conference agreement requires the 
Secretary of State to submit to the appropriate congressional 
committees an annual report providing a full and detailed 
accounting of the fiscal year request for the United States 
contribution to KEDO as well as other important financial 
aspects of KEDO activities.
      The conference agreement also provides that the Secretary 
of Defense shall submit to the appropriate congressional 
committees an annual report on the degree to which KEDO's 
mission and the Agreed Framework continue to promote important 
United States national security interests, contribute to 
delaying North Korean indigenous development of nuclear 
weapons-related technology, and contribute to a reduction of 
tensions on the Korean Peninsula.

   Sec. 583. National Advisory Council on International Monetary and 
                           Financial Policies

      The conference agreement includes Senate language that 
waives current law affecting the annual report required by 
section 1701(a) of the International Financial Institutions Act 
that mandates certain issues to be addressed in that report. It 
also waives the requirements of various laws governing the 
contents of said report.

  Sec. 584. Prohibition on Assistance to the Palestinian Broadcasting 
                              Corporation

      The conference agreement includes language proposed by 
the Senate that prohibits assistance to the Palestinian 
Broadcasting Corporation. The reference in the Senate provision 
to ``training'' and ``any similar organization'' was deleted.

  Sec. 585. Report on Iraqi Development of Weapons of Mass Destruction

      The conference agreement contains language similar to 
that in the Senate amendment that expresses the sense of the 
Congress regarding the need for the United Nations to maintain 
vigorous inspection within Iraq and requiring a report by the 
President assessing Iraq's nuclear and other weapons of mass 
destruction programs. The House bill did not address this 
matter.

               Sec. 586. Sense of Congress Regarding Iran

      The conference agreement includes Senate language 
expressing the Sense of the Congress regarding United States 
policy toward Iran. The House bill did not address this matter.

                    Sec. 587. AID Office of Security

      The conference agreement includes language similar to 
that proposed by the Senate that transfers security functions 
at the Agency for International Development from the Office of 
Inspector General to a new Office of Security reporting to the 
Administrator. The House bill did not address this matter. The 
conferees expect funds made available to this office through 
the Office of Inspector General will be made available to the 
account for the operating expenses of the Agency for 
International Development, and that the head of the new office 
will report directly to the Administrator.

Sec. 588. Sense of Congress Regarding Ballistic Missile Development by 
                              North Korea

      The conference agreement includes Senate language that 
expresses the Sense of the Congress that North Korea should be 
forcefully condemned for its recent missile test and that 
certain actions should be taken by the United States, including 
acceleration of cooperative theater missile defense programs 
with Japan.

         Sec. 589. Technical Assistance to Foreign Governments

      The conference agreement includes language that amends 
the Foreign Assistance Act of 1961 to authorize the Department 
of the Treasury to establish and operate a technical assistance 
program overseas with developing and transitional countries. 
Funding for this program is contained under title II.

                       Sec. 590. Iraq Opposition

      The conference agreement includes a provision proposed by 
the Senate that, notwithstanding any other provision of law, of 
the funds made available in this Act and any prior Acts making 
appropriations for foreign operations, not less than $8,000,000 
shall be made available for assistance to the Iraqi democratic 
opposition. Of this amount, not less than $3,000,000 should be 
made available as a grant for the Iraqi National Congress.
      The conferees also direct the Administration to provide 
not less than $3,000,000 as a grant to the Iraqi Campaign to 
Indict Iraqi War Criminals to be used to compile information to 
support the indictment of Iraqi officials for war crimes. The 
conferees direct the Administration to provide not less than 
$2,000,000 for the conduct of activities by the Iraqi 
democratic opposition inside Iraq. The conferees also direct 
the Secretary of State to submit a detailed report to the 
Committees on Appropriations thirty days after the enactment of 
this Act on the implementation of these activities.

               sec. 591. national commission on terrorism

      The conference agreement includes a provision proposed by 
the House establishing a 10 member National Commission on 
Terrorism to review national counterterrorism policies and make 
recommendations to the Congress and the President on combating 
international terrorism. The Commission will consist of experts 
in the field of terrorism and may include members of Congress. 
Three members will be appointed by the Speaker, three by the 
Senate Majority Leader, two by the Minority Leader in the 
House, and two by the Minority Leader in the Senate. The 
Commission will issue its final report within six months of its 
initial meeting.
      Members of this Commission will require appropriate 
security clearances to carry out the duties of the Commission 
and the conferees encourage the executive branch to consider 
Commission requests for security clearances on a priority basis 
and in a manner fully consistent with all national security 
requirements.

                sec. 592. special authorities amendment

      The conference agreement modifies language proposed by 
the House and provides that the authority of section 614 of the 
Foreign Assistance Act of 1961, as amended, may not be used 
during fiscal year 1999 for the Korean Peninsula Energy 
Development Organization to authorize the use of more than 
$35,000,000 of funds made available for use under that Act or 
the Arms Export Control Act. Language in the House bill that 
would have repealed section 451 of the Foreign Assistance Act 
is not included. The Senate amendment did not address this 
matter.
      The conferees remind the Administration that the section 
614 waiver authority is an exceptional provision of law 
provided to the Administration to enable the President, after 
prior consultation with the Congress, to waive certain 
provisions of law because of unexpected contingencies. For some 
time, the conferees have been concerned by the overuse of this 
authority. More recently, the conferees are extremely concerned 
by the administration's use of the 614 provision to waive 
certain provisions of law over the strong formal objections of 
two committees of the House and Senate.
      The conferees believe the extraordinary 614 waiver should 
only be utilized when both Congress and the President agree 
that the application of a specific provision of law, because of 
unusual or unanticipated circumstances, would be contrary to 
the national security interests of the United States. However, 
when any one of the four relevant committees formally expresses 
its written opposition to the use of the 614 waiver, then the 
President should not proceed further unless the President is 
able to convince an objecting committee to withdraw its 
objection.
      The conferees would note that in 1974 this section of law 
was nearly repealed at the request of Senator Symington who 
stated at the time that ``Congress has given Presidents 
entirely too much power to use its foreign aid funds. Repeal of 
section 614 will be a significant step toward restoring 
Congress' power over the foreign aid purse-strings.'' The 
conferees have not taken that step this year, but the failure 
of the President to respect the consensual nature of this 
special authority could jeopardize the availability of section 
614 in future years.

  sec. 593. support for peaceful economic and political transition in 
                               indonesia

      The conference agreement includes language expressing 
support for a peaceful economic and political transition in 
Indonesia that is derived from provisions contained in sections 
584 and 585 of the Senate amendment. The House bill did not 
address this matter.
      The conferees support an expansion of current efforts by 
the Administration to contribute to humanitarian, economic and 
politicalprograms which will help restore stability and 
economic growth in Indonesia. The conferees have increased U.S. 
assistance under title II and note the need to support efforts which 
offer humanitarian relief, accelerate political institution building, 
strengthen the rule of law, reform the financial and banking sectors 
and protect human rights particularly of ethnic Chinese. The conferees 
are concerned by continued reports of ethnic violence targeting the 
Indonesian Chinese community and urge the Government of Indonesia to 
take all necessary actions to investigate abuses and attacks and 
prevent further violence.
      The conferees direct the Administrator of the Agency for 
International Development to submit a report within forty-five 
days evaluating the food, medical and related needs of 
Indonesia and proposed Administration plans to assist in 
meeting those requirements.

                sec. 594. notifications on defense sales

      The conference agreement includes language proposed by 
the Senate which requires prior notification of certain sales 
of defense articles and services when the prospective recipient 
government is identified in section 521, or is ineligible, in 
whole or in part, to receive military assistance. The 
conferees' intent is to ensure that any such sales be 
consistent with the Congress' intent in limiting assistance to 
such governments.

  sec. 595. sense of congress concerning the murder of four american 
                       churchwomen in el salvador

      The conference agreement includes Senate language 
expressing the Sense of Congress regarding the murder of four 
American churchwomen in El Salvador. The House bill did not 
address this matter.

 sec. 596. sense of congress regarding the trial in the netherlands of 
       the suspects indicted in the bombing of pan am flight 103

      The conference agreement includes Senate language 
expressing the Sense of Congress regarding the trial in the 
Netherlands of the suspects indicted in the bombing of Pan Am 
Flight 103. The House bill did not address this matter.

sec. 597. sense of the congress regarding international cooperation in 
 recovering children abducted in the united states and taken to other 
                               countries

      The conference agreement includes Senate language 
expressing the Sense of the Congress regarding international 
cooperation in recovering children abducted in the United 
States and taken to other countries. The House bill did not 
address this matter.

                PROVISIONS NOT ADOPTED BY THE CONFEREES:

                      north korea narcotics report

      The conference agreement does not include language from 
the Senate amendment that required an annual report on the 
cultivation, production, and transshipment of opium by North 
Korea, as well as a report not later than 3 months after the 
date of enactment of this Act. The House bill did not address 
this matter.
      The conferees direct the President to include in the 
annual International Control Strategy Report required by 
section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(h)) information regarding the cultivation, production, and 
transshipment of opium by North Korea. The report shall be 
based upon all available information.

                  Publication of Certain Notification

      The conference agreement deletes a Senate provision 
amending section 516(f) of the Foreign Assistance Act to 
require publication in the Federal Register of the notices 
required by the subsection relating to transfers of excess 
defense articles.
      The conferees understand that in fiscal year 1999 the 
Defense Security Assistance Agency plans to post this same 
information on its internet Web page so it will be easily 
accessible to the general public. The conferees direct DSAA to 
provide the Committees on Appropriations with a progress report 
on this matter by April 1, 1999.

          Sanctions Against Countries Harboring War Criminals

      The conference agreement does not include House language 
deleted by the Senate that authorized the President to withhold 
funds for countries harboring war criminals as described in 
this section. The issue of war criminals in the former 
Yugoslavia is addressed in section 570.

foreign organizations that perform or promote abortion overseas; forced 
               abortion in the people's republic of china

      The conference agreement does not include language from 
section 518A of the House bill regarding this matter. The 
conference agreement does not include language from section 519 
of the Senate amendment, regarding eligibility of assistance 
for funds made available pursuant to section 104 of the Foreign 
Assistance Act.

            Reimbursement Requirements for Foreign Students

      The conference agreement does not include Senate language 
that would have amended section 214 of the Immigration and 
Nationality Act to allow for a waiver of certain limitations on 
the ability of an alien to study at a public school. The House 
bill did not address this matter.

                    Economic Support Fund for Israel

      The conference agreement deletes Senate language which 
declared that, subject to the availability of appropriations, 
it is the policy of the United States that the annual 
appropriations for ESF for Israel shall not be less than the 
annual debt repayment of Israel to the United States. The 
conferees note that this provision is no longer necessary in 
light of the recent agreement between the Government of Israel 
and the Administration and the Congress to begin a phased ten 
year reduction in Israel's economic assistance.

Sense of the Senate Regarding United States Citizens Held in Prison in 
                                  Peru

      The conference agreement does not include language that 
expressed the Sense of the Senate regarding U.S. citizens being 
held in prison in Peru. The House bill did not address this 
matter.

                   Trafficking in Women and Children

      The conference agreement does not include Senate language 
that would have required the Secretary of State, in 
consultation with the Attorney General, to develop training for 
consular officers on the international trafficking in women and 
children and to develop and disseminate to aliens seeking to 
obtain visas written materials describing the potential risks 
of trafficking. The House bill did not contain a provision on 
this matter.

                   Development Assistance in Nigeria

      The conference agreement does not include language 
proposed by the Senate that made a number of findings on the 
need for development assistance in Nigeria; recommended a new 
strategy for such assistance; and required a report on such 
strategy. The House bill did not address this matter.

               Counterterrorism Cooperation Certification

      The conference agreement does not include language 
proposed by the Senate to amend section 40A of the Arms Export 
Control Act with respect to counterterrorism cooperation by 
other nations. This extensive legislation properly belongs in 
the jurisdiction of the appropriate authorization committees in 
the House and the Senate.

               Equality for Israel in the United Nations

      The conference agreement did not include a provision 
proposed by the Senate expressing the Sense of the Congress 
regarding efforts by the United States to promote full equality 
for Israel at the United Nations. The conferees strongly 
support Israel's full acceptance into the Western Europe and 
Others Group (WEOG) regional bloc. The conferees therefore 
direct the Secretary of State, not later than 60 days after the 
date of enactment of this Act, to submit a report to the 
appropriate committees which includes the following information 
in a classified or unclassified form as necessary: (a) actions 
taken by representatives of the United States to encourage the 
nations of WEOG to accept Israel into their regional bloc; (b) 
efforts undertaken by the Secretary General of the United 
Nations to secure Israel's full and equal participation in that 
body; (c) specific responses by WEOG nations on their position 
concerning Israel's acceptance into WEOG; and (d) other 
measures being undertaken, and which will be undertaken, to 
ensure and promote Israel's full and equal participation in the 
United Nations.

   Funding for the Comprehensive Nuclear Test Ban Treaty Preparatory 
                               Commission

      The conference agreement does not include a provision 
proposed by the Senate earmarking $28,900,000 for the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission 
and making the availability of these funds subject to the 
regular notification procedures of the Committees on 
Appropriations. This matter was addressed in title II of this 
Act under the heading ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs.''

   Joint United States-Canada Commission on Cattle, Beef, and Dairy 
                                Products

      The conference agreement does not contain language from 
the Senate amendment that was not in the House bill that would 
have established a United States-Canada Commission on Cattle, 
Beef, and Dairy Products. This matter should be addressed by 
the committee of jurisdiction.

Sense of the Senate Concerning the Operation of Agricultural Commodity 
                      Foreign Assistance Programs

      The conference agreement does not contain language from 
the Senate amendment that was not in the House bill expressing 
the Sense of the Senate on agricultural commodity foreign 
assistance programs.

 Funding for the Claiborne Pell Institute for International Relations 
                           and Public Policy

      The conference agreement does not contain Senate language 
that required not to exceed $750,000 in prior year funds to be 
made available for the Claiborne Pell Institute for 
International Relations and Public Policy at Salve Regina 
University. The House bill did not address this matter. 
However, the conferees request that the State Department and 
the Agency for International Development provide up to 
$1,500,000 of such funds for this purpose.

  Sense of the Senate Regarding the Development by the International 
       Telecommunications Union of World Standards for Wireless 
                      Telecommunications Services

      The conference agreement does not contain language from 
the Senate amendment that was not in the House bill expressing 
the Sense of the Senate regarding development of wireless 
telecommunications services by the International 
Telecommunications Union.

                   Assistance for Sub-Saharan Africa

      The conference agreement does not contain language from 
title VII of the Senate amendment that was not in the House 
bill which would have authorized an African Food Security 
Initiative to be administered by the Agency for International 
Development.

         TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

                  Funds Appropriated to the President

                    International Monetary Programs

         united states quota in the international monetary fund

      The conference agreement appropriates the dollar 
equivalent of 10,622,500,000 Special Drawing Rights (estimated 
at the time of the request to be $14,500,000,000) as proposed 
by the Senate. The House bill did not address this matter.

  loans to the international monetary fund--new arrangements to borrow

      Both the House bill and the Senate amendment appropriated 
the dollar equivalent of 2,462,000,000 Special Drawing Rights 
(estimated at the time of the request to be $3,361,000,000) for 
the proposed New Arrangements to Borrow, a supplemental source 
of funding for the International Monetary Fund. The conference 
agreement reflects House language instead of the similar Senate 
amendment. This is a technical difference.

                     General Provisions--This Title

    sec. 601. conditions for the use of appropriated funds for the 
                      international monetary fund

      The conference agreement inserts a substitute that 
contains elements proposed by both the House and the Senate, 
including a requirement that prior to the obligation of any 
funds appropriated in this title for the International Monetary 
Fund, the Secretary of the Treasury must inform Congress that 
the major shareholders of the Fund have publicly agreed to 
certain conditions. The conference substitute requires that the 
Chairman of the Board of Governors of the Federal Reserve 
System jointly notify the appropriate committees of Congress 
when these conditions have been met, as proposed by the House. 
The Senate would have required a certification by the Secretary 
of the Treasury alone. The conference agreement also requires 
the major shareholders to ``act to implement'' certain 
policies, instead of seek to implement, as proposed by the 
Senate.
      The conference agreement includes 4 conditions that must 
be met prior to the appropriated funds being made available to 
the IMF, all of which were included in similar form in the 
House or the Senate amendment.

                 policy reforms in borrowing countries

      The first condition requires that Fund arrangements with 
borrowing countries, in addition to appropriate monetary policy 
conditions, provide a schedule for: (a) reducing restrictions 
on trade in goods and services; (b) eliminating the systemic 
practice of government directed lending on non-commercial 
terms; and (c) providing a legal basis for nondiscriminatory 
treatment between domestic and foreign creditors in bankruptcy 
proceedings.

                        transparency in the imf

      The second and third conditions seek to accelerate the 
efforts by management to increase transparency within the 
International Monetary Fund. A full written summary of most 
meetings of the Fund's Executive Board would be made public 
within 3 months, with certain information redacted. Within 3 
months of discussion by the Board, specified Fund documents 
would be made available, with certain information redacted, as 
a matter of Fund policy. It should be noted that many of these 
documents have been made public voluntarily by Fund members 
within the past year.

                 interest rates and repayment schedules

      The fourth condition applies to a growing percentage of 
recent Fund loan arrangements that are made when a country is 
experiencing balance of payments difficulties resulting from a 
sudden and disruptive loss of market confidence. Such short 
term financing needs, as opposed to longer term structural 
challenges, will be charged a premium above traditional 
fundinterest charges, not less than 300 basis points above the average 
of the market-based short-term cost of financing of the Fund's major 
shareholders. Such loans must be repaid within 1 to 2\1/2\ years of 
disbursement.

 Sec. 602. Reports on Financial Stabilization Programs in the Republic 
                                of Korea

      The conference agreement contains the key provisions of 
section 606 of the Senate amendment relating to use of Fund 
resources to assist the semiconductor, steel, automobile, 
shipbuilding, and textile and apparel industries. The 
conference substitute requires the United States Executive 
Director at the Fund to oppose further disbursements in the 
absence of current certifications by the Secretary of the 
Treasury. Other changes from the Senate language include: 
narrowing the application of the section from its prior global 
application to the country of greatest concern, the Republic of 
Korea; use of the term ``financial assistance'' in lieu of the 
term ``support'' in the first condition; and deletion of the 
Department of Commerce trade data team provision.
      This section addresses specific practices initiated under 
previous governments of the Republic of Korea. The conferees 
seek the rapid recovery of the Korean economy and a speedy end 
to the hardships endured by many people in Korea. There is no 
intent to diminish in any way the long-standing ties of 
friendship and blood that link the peoples of the Republic of 
Korea and the United States.

                     Sec. 603. Advisory Commission

      The conference agreement provides for the establishment 
of a temporary International Financial Institution Advisory 
Commission, as proposed by both the Senate and the House. The 
conference substitute requires the Secretary of the Treasury to 
establish a commission composed of 11 members meeting specified 
qualifications to be appointed by Congress. The members shall 
meet with the Secretary and Deputy Secretary of the Treasury, 
hold hearings, and examine other matters relevant to its 
mandate. The Commission is to advise and report within 6 months 
of its appointment to Congress and the Secretary of the 
Treasury on the future role and responsibilities of the 
international financial institutions, the World Trade 
Organization, and the Bank for International Settlements. 
Following receipt of the Commission's report, the Executive 
branch is required to report to Congress on the steps taken, if 
any, to implement the recommendations of the Commission. The 
separate, 2-year Advisory Committee on the International 
Monetary Fund is discussed under Section 610.

               Sec. 604. International Advisory Committee

      As proposed by the House, the conference agreement 
includes a requirement that the Secretary of the Treasury 
instruct the U.S. Executive Director at the Fund to seek the 
establishment of a permanent advisory committee to the Interim 
Committee of the Fund. The new advisory committee would consist 
of elected members of national legislatures, and have the same 
access to Fund documents as is afforded to Executive Board 
members. The Senate did not address this matter.

 Sec. 605. Strengthening Procedures for Monitoring Use of IMF Resources

      The conference agreement includes an original provision 
intended to strengthen Fund procedures for tracing the use of 
Fund resources and ensuring that they are used in a manner 
consistent with the agreement between the Fund and a borrowing 
country. A report on progress toward achieving the objectives 
of this section is required within 6 months, and Congress is 
authorized access, through the U.S. Executive Director, to 
certain data from the Fund. In addition, reports on the 
implementation of section 601(4) are required on a quarterly 
basis.

Sec. 606. Progress Reports to Congress on United States Initiatives to 
      Update the Architecture of the International Monetary System

      The conference agreement includes a Senate provision 
requiring reports by the Secretary of the Treasury not later 
than July 1999 and July 2000 on the progress of efforts to 
reform the architecture of the international monetary system. 
The House bill included a dissimilar provision requiring 
reports on reform of the architecture of the international 
financial system.

                         Sec. 607. Definitions

      The conference agreement includes a House provision 
defining the term ``appropriate committees'' to include the 
Committees on Appropriations, Foreign Relations, and Banking, 
Housing, and Urban Affairs of the Senate and the Committees on 
Appropriations and Banking and Financial Services of the House 
of Representatives. The conference agreement does not include 
the Committee on Finance as proposed by the Senate.

               Sec. 608. Participation in Quota Increase

      The conference agreement includes language amending the 
Bretton Woods Agreements Act, as proposed by the House, to 
grant the Secretary of the Treasury legal authority to sign the 
necessary legal documents that enable the IMF quota increase to 
become effective. The Senate did not address this matter.

                  Sec. 609. New Arrangements to Borrow

      The conference agreement includes House language amending 
the Bretton Woods Agreements Act to incorporate the proposed 
New Arrangements to Borrow, and to allow broader use of prior 
year funds made available to the existing General Arrangements 
to Borrow.

Sec. 610. Advocacy of Policies to Enhance the General Effectiveness of 
                    the International Monetary Fund

      The conference agreement includes House language from 
section 301 of H.R. 3114 as reported by the Committee on 
Banking and Financial Services. Changes relative to section 607 
of the House bill are limited to two matters: the substitution 
of ``establishing an independent monetary authority * * * '' in 
lieu of ``appropriate liberalization of pricing, trade, 
investment, and exchange rate regimes * * * '' as a United 
States policy objective in the Fund; and the abbreviation of 
language relating to an Advisory Committee on IMF Policy. The 
conference agreement includes House language relating to the 
maintenance and improvement of core labor standards. The Senate 
amendment addressed only the matter of the Advisory Committee.

         sec. 611. reduction of barriers to agricultural trade

      The conference agreement includes Senate language aimed 
at encouraging the opening of markets for agricultural 
commodities. The House bill did not address this matter in a 
separate section.

Sec. 612. Semiannual Reports on Financial Stabilization Programs Led by 
 the International Monetary Fund in Connection with Financing from the 
                      Exchange stabilization fund

      The conference agreement includes House language from 
section 401 of H.R. 3114 as reported by the Committee on 
Banking and Financial Services.

Sec. 613. annual report and testimony on the state of the international 
    financial system, imf reform, and compliance with imf agreement

      The conference agreement includes House bill language 
from section 403 of H.R. 3114 as reported by the Committee on 
Banking and Financial Services. The dates of the required 
annual reports and testimony have been changed to October 1 and 
March 1.

          SEC. 614. AUDITS OF THE INTERNATIONAL MONETARY FUND

      The conference agreement includes House bill language 
from section 404 of H.R. 3114 as reported by the Committee on 
Banking and Financial Services. The conference agreements adds 
the Committees on Appropriations to the list of committees 
receiving annual reports from the Comptroller General.

                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the committee of conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998... $13,190,968,080
Budget estimates of new (obligational) authority, fiscal 
    year 1999...........................................  31,985,044,980
House bill, fiscal year 1999............................  16,228,941,980
Senate bill, fiscal year 1999...........................  30,790,824,980
Conference agreement, fiscal year 1999..................  31,308,114,980
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998.............................................. +18,117,146,900
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................    -676,930,000
    House bill, fiscal year 1999........................ +15,079,173,000
    Senate bill, fiscal year 1999.......................    +517,290,000

  SECTION 101(e)--THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1999

      The conferees on H.R. 4328 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the differences in the House and Senate 
versions (H.R. 4193 and S. 2337) of the Department of the 
Interior and Related Agencies Appropriations Act, 1999, by 
members of the appropriations subcommittees of both the House 
and Senate with jurisdiction over H.R. 4193 and S. 2337.
      The conference agreement with respect to fiscal year 1999 
appropriations for the Department of the Interior and Related 
Agencies incorporates some of the provisions of House Report 
105-609 and Senate Report 105-227. Report language and 
allocations set forth in either of those reports, which are not 
changed by the conference agreement, are approved. The 
agreement described herein, while repeating some report 
language for emphasis, does not negate the language referenced 
above unless expressly provided. Administrative provisions and 
general provisions which are identical in the House passed 
version of H.R. 4193 and the Senate Appropriations Committee 
reported version of S. 2237 are unchanged by the conference 
agreement and are approved unless provided to the contrary 
herein.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   Management of Lands and Resources

      The conference agreement provides $619,311,000 for 
management of lands and resources instead of $596,425,000 as 
proposed by the House and $633,058,000 as proposed by the 
Senate.
      Increases above the House include $50,000 for the Sloan 
Petroglyphs, $350,000 for erosion control structures for the 
Rio Puerco, $500,000 for the Pacific Northwest range study, 
$583,000 for the wild horse and burro program, $106,000 in 
uncontrollable costs for wildlife and fisheries, $58,000 in 
uncontrollable costs for the threatened and endangered species 
program, $369,000 in uncontrollable costs for energy and 
minerals, $500,000 in Alaska minerals for the minerals at risk 
program, $500,000 for the Alaska airborne survey, $2,334,000 
for Alaska conveyance, $750,000 for the Montana mapping 
program, $409,000 in uncontrollable costs for workforce and 
organizational support for resource protection and maintenance, 
$2,715,000 for facilities maintenance, $829,000 in 
uncontrollable costs, and $50,000 to restore a program transfer 
in workforce and organizational support.
      In addition to the increases stated above, the Committees 
have provided the following additional funds for clean water 
and fixed costs: (1) $6,000,000 in soil, water, and air for the 
mine lands program, (2) $3,000,000 for riparian management, (3) 
$1,000,000 for the fisheries program, and (4) $5,000,000 in 
undistributed fixed costs.
      Decreases below the House include $1,000,000 for the mine 
land program, $500,000 for riparian management, $475,000 for 
wildlife management, and $242,000 in uncontrollable costs for 
realty ownership and management.
      The Committees do not concur with the Senate language 
regarding the Red Rocks National Conservation Area; however, 
the Committees emphasize that funds collected at the site 
should be used to enhance operations, reduce backlog 
maintenance, and provide an improved visitor experience.
      The Committees do not concur with the Senate language 
that proposed an earmark of $750,000 for the Coeur d'Alene 
Basin Commission. Although the Committees agree that cleanup of 
mining-related damage within the Coeur d'Alene Basin is needed, 
such efforts are not appropriate to fund through the Interior 
and Related Agencies Appropriations Bill.
      The Committees have approved the collocation of the 
Bureau of Land Management and the Forest Service in the Robert 
Duncan Plaza in Portland, OR and direct the Bureau to undertake 
this collocation as soon as possible.
      The $750,000 provided for the Montana mapping project 
represents a significant Federal contribution to this project. 
The Committees expect substantial effort to minimize future 
Federal contributions through major participation by State, 
local and private cooperators.
      The Committees feel so strongly about the land management 
agencies maintaining their infrastructure, that even in the 
face of declining budgetary resources, the Committees have 
provided the Bureau with an additional $6.5 million over the 
fiscal year 1998 enacted level to address its backlog 
maintenance needs.
      The Committees agree to clarify the dates for which 
reports analyzing the fee program are due. January 31 of each 
year the program is in existence, the affected agencies should 
provide a consolidated report on annual accomplishments for the 
preceding fiscal year and any recommended improvements to the 
program. At such time as the program is terminated, the final 
report should also include a comprehensive evaluation of the 
entirety of the program.

                        Wildland Fire Management

      The conference agreement provides $286,895,000 for 
wildland fire management as proposed by the House instead of 
$288,975,000 as proposed by the Senate.
      The Committees do not concur with the Senate earmark that 
would have provided for a new Alaska hotshot crew.

                    Central Hazardous Materials Fund

      The conference agreement provides $10,000,000 for the 
central hazardous materials fund as proposed by the House 
instead of $9,000,000 as proposed by the Senate.

                              Construction

      The conference agreement provides $10,997,000 for 
construction instead of $6,975,000 as proposed by the House and 
$8,197,000 as proposed by the Senate.
      Increases above the House include $1,000,000 for the 
Escalante National Monument visitor facility, $2,000,000 for 
the Pompeys Pillar visitor facility, and $1,022,000 for the 
Coldfoot multiagency visitor facility.

                       Payments in Lieu of Taxes

      The conference agreement provides $125,000,000 for 
payments in lieu of taxes as proposed by the Senate instead of 
$140,000,000 as proposed by the House.

                            Land Acquisition

      The conference agreement provides $14,600,000 for land 
acquisition instead of $10,000,000 as proposed by the House and 
$15,650,000 as proposed by the Senate. The Committees agree to 
the following distribution of funds:
        State and Project                                         Amount
MT--Beaverhead River....................................        $750,000
CA--Cache Creek.........................................         500,000
CO--Grand Mesa Slopes...................................         700,000
CO--Gunnison Basin......................................         800,000
ID--Idaho Lands Project.................................         700,000
CA--King Range NCA......................................       1,000,000
WA--Lopez Island........................................       1,000,000
CA--Otay Mts./Kuchamaa..................................       1,850,000
CA--Santa Rosa Mts. NSA.................................       1,000,000
ID--Upper Snake/S. Fork Snake River.....................         750,000
UT--Washington Co. HCP..................................       1,000,000
OR--West Eugene Wetlands................................         750,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................      10,800,000
Emergency/Hardships/Inholdings..........................         800,000
Acquisition Management..................................       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................      14,600,000

      The Committees are modifying the reprogramming guidelines 
regarding land exchanges. The agencies must submit proposed 
land exchanges in excess of $500,000 to the Committees on 
Appropriations for a 30 day period of review.

                   OREGON AND CALIFORNIA GRANT LANDS

      The conference agreement provides $97,037,000 for Oregon 
and California grant lands instead of $98,407,000 as proposed 
by the House and $94,791,000 as proposed by the Senate.
      Decreases below the House include $627,000 for 
uncontrollable costs, $645,000 for resources management, 
$87,000 for information systems, and $11,000 for construction.

                           RANGE IMPROVEMENTS

      The conference agreement provides an indefinite 
appropriation for range improvements of not less than 
$10,000,000 as proposed by the House and Senate.

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

      The conference agreement provides an indefinite 
appropriation for service charges, deposits, and forfeitures 
which is estimated to be $8,055,000 as proposed by the House 
instead of $7,226,000 as proposed by the Senate.

                       MISCELLANEOUS TRUST FUNDS

      The conference agreement provides an indefinite 
appropriation of $8,800,000 for miscellaneous trust funds as 
proposed by the House and Senate.

                       ADMINISTRATIVE PROVISIONS

      The Committees have reauthorized the hard rock mining 
holding fee through fiscal year 2001 and have included new 
language that provides for a 60 day period to correct any 
defects to small miner waiver applications.

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

      The conference agreement provides $661,136,000 for 
resource management instead of $607,106,000 as proposed by the 
House and $624,019,000 as proposed by the Senate. Changes to 
the House recommended level for the endangered species program 
include an increase of $400,000 for Alabama sturgeon and a 
decrease of $400,000 for ESA reform in candidate conservation; 
a decrease of $500,000 for program activities in listing; an 
increase of $50,000 for program activities in consultation; 
increases of $500,000 for the Bruneau hot springs snail in 
Idaho, $25,000 for program activities, $20,000,000 for salmon 
and steelhead recovery in the State of Washington and 
$5,000,000 for the ESA landowner incentive program; and a 
decrease of $400,000 for ESA reform in recovery. In habitat 
conservation changes to the House include: (1) for the partners 
for fish and wildlife program, increases of $3,000,000 for 
program activities associated with the clean water initiative, 
$300,000 for Washington salmon enhancement and $250,000 for 
Hawaii ESA communityconservation and a decrease of $100,000 for 
program activities and (2) for project planning, an increase of 
$100,000 for the Middle Rio Grande Bosque Consortium and a decrease of 
$400,000 for FERC relicensing activities. Other program changes to the 
House include an increase of $55,000 for Mason Valley, NV water quality 
monitoring in the environmental contaminants program; a decrease of 
$500,000 for the refuge operations backlog and an increase of $500,000 
for the refuge maintenance backlog in refuge operations and 
maintenance; increases of $400,000 for implementing the U.S./Canada 
migratory bird treaty, $1,000,000 for a National program to address 
Canada goose depredation and $100,000 for rural Alaska workshops and 
lead shot exchange programs in migratory bird management; an increase 
of $50,000 for fresh water mussels in hatchery operations and 
maintenance; and increases of $800,000 for fish passage facilities, 
$600,000 for a prototype machine to mark hatchery reared salmon at the 
Washington Department of Fish and Wildlife and $200,000 for the 
National fish health survey in fish and wildlife management. In general 
administration changes to the House include an increase of $750,000 for 
the National Conservation Training Center and an increase of $250,000 
for the Russia initiative in the international affairs program of which 
$50,000 is for the State of Alaska. The Committees have not agreed to 
the transfer of funds to the construction account for major bridge and 
road maintenance as proposed by the House.
      The conference agreement includes bill language 
earmarking the Endangered Species Act listing program at 
$5,756,000 instead of $6,256,000 as proposed by the House and 
$5,156,000 as proposed by the Senate.
      The Committees agree to the following:
      1. The funding included in the candidate conservation 
account for activities associated with the Prebles meadow 
jumping mouse may be reprogrammed, as appropriate, to the 
recovery program.
      2. There is no specific increase for the Clark County, NV 
habitat conservation plan in the consultation program. The 
Committees expect the Service to continue to work with 
communities like Clark County, NV and El Dorado County, CA to 
support endangered species efforts.
      3. Within the base budget there is $100,000 for wolf 
monitoring in Yellowstone NP and the Frank Church River of No 
Return Wilderness.
      4. The funds provided for salmon and steelhead recovery 
efforts in Washington State are to be administered by the 
Salmon Recovery Office in the Office of the Governor. That 
office will provide allocations to local governments for salmon 
and steelhead projects and activities that contribute to the 
recovery of these species. Funds should be divided as follows: 
$2,800,000 for the Puget Sound North Sub-region, $8,800,000 for 
the Central Puget Sound Sub-region, $2,500,000 for the 
Southwest Puget Sound Sub-region; $2,800,000 for the Lower 
Columbia River Recovery Region, $300,000 for the Southwest 
Washington Recovery Region, $800,000 for the Upper Columbia 
River Recovery Region, $800,000 for the Middle Columbia River 
Recovery Region and $950,000 for the Snake River Recovery 
Region. Up to one percent of the total may be used by the State 
for administrative costs. The State shall also commit to a 
minimum of 25 percent in matching funds.
      5. Of the $250,000 provided in habitat conservation for 
Hawaii community conservation programs, $100,000 is for palila 
bird recovery in conjunction with the Saddle Road project on 
the Island of Hawaii.
      6. The $100,000 increase in habitat conservation for the 
Middle Rio Grande Bosque program restores the fiscal year 1998 
base level of $550,000 and provides for a one-time grant of 
$50,000 to the State consortium.
      7. In establishing priorities for the distribution of the 
$1,000,000 increase provided in migratory bird management for 
Canada goose depredation, the Service should consider the 
problems associated with dusky Canada geese in Washington and 
Oregon.
      8. The increase in hatchery operations and maintenance 
for fresh water mussels is to support hatchery activities 
related to the growth, preservation and reintroduction of fresh 
water mussels and the involvement of hatchery expertise in 
regional ecosystem teams.
      9. Within the increase provided for fish passage 
facilities in fish and wildlife management, there is no earmark 
for any specific program. The Service should consider the 
Tahuya River in establishing priorities for the distribution of 
these funds.
      10. Within available funds, the Service should conduct a 
feasibility study on the removal of fish passage barriers on 
Icicle Creek near the Leavenworth National Fish Hatchery, WA. 
The cost of this study should not exceed $30,000.
      11. The $750,000 increase provided for the National 
Conservation Training Center is for start-up and partial year 
operating costs for a third dormitory at the Center. These 
funds are needed because dormitory construction is ahead of 
schedule, and it isexpected to open in fiscal year 1999. The 
Service should request the funds necessary for full year operations in 
the fiscal year 2000 budget request.
      12. The earmark for the Hood Canal Salmon Enhancement 
Group is $100,000.
      13. There are no specific earmarks for a study of sea 
otter decline in the Aleutian chain or for an education 
campaign on the Yukon River Salmon Treaty. The Service should 
consider these needs in the context of its overall priorities.
      14. Within the funds provided, the Service may pursue its 
planned wildlife inventory projects in the Kenai NWR, Innoko 
NWR, Yukon Flats NWR and Nowitna NWR, AK.
      15. The Alaska Nanuuq Commission, the Alaska Sea Otter 
Commission and the Eskimo Walrus Commission should be funded at 
the fiscal year 1998 level for cooperative activities 
authorized under section 119 of the Marine Mammal Protection 
Act.
      16. The budget includes continued support for the Nevada 
biodiversity research and conservation initiative in the 
partners for fish and wildlife program.
      17. By January 31 of each year the recreation fee 
demonstration program is in effect, the Service should provide 
a consolidated report on annual accomplishments for the 
preceding fiscal year and any recommended improvements to the 
program. At such time as the program is terminated, the final 
report should include a comprehensive evaluation of the 
entirety of the program.
      18. The Committees are pleased that the Administration 
has endorsed the Congressionally-initiated backlog maintenance 
reduction program and note that, in addition to the large 
funding increase provided for backlog maintenance reduction in 
this Act, the Committees recently earmarked $20,000,000 in 
Title V funding from the fiscal year 1998 appropriation to be 
used to address the Service's maintenance backlog.

                              Construction

      The conference agreement provides $50,453,000 for 
construction instead of $66,100,000 as proposed by the House 
and $48,734,000 as proposed by the Senate. Funds are to be 
distributed as follows:

------------------------------------------------------------------------
       Location or activity               Description           Amount
------------------------------------------------------------------------
ACE Basin NWR, SC.................  Parking, bathrooms &        $250,000
                                     kiosks.
Alaska Maritime NWR, AK...........  Design and construction      860,000
Alligator River NWR, NC...........  Milltail Bridge........      498,000
Atchafalaya NWR, LA...............  Big Al #2 Bridge.......      500,000
Bear River NWR, UT................  Dikes, grassland           2,000,000
                                     habitat, education
                                     center.
Bitter Lake NWR, NM...............  Replace 2 bridges......      253,000
Carolina Sandhills NWR, SC........  Replace 2 bridges......      536,000
Catahoula NWR, LA.................  Shop building..........      300,000
Columbia NWR, WA..................  Potholes Canal Bridge..      450,000
Craig Brook NFH, ME...............  Rehabilitation.........    3,300,000
Creston NFH, MT...................  Jessup Mill Dam........    2,200,000
Deep Fork NWR, OK.................  Public access and            185,000
                                     trails.
Dexter NFH, NM....................  Phase III construction.    2,683,000
Discovery Center, MO..............  Education &                  500,000
                                     conservation program.
Erie NWR, PA......................  Erie Dam No. 9.........    1,100,000
Hanalei NWR, HI...................  Water supply for taro        250,000
                                     fields.
Hatchie NWR, TN...................  Log Landing Slough            66,000
                                     Bridge.
Hatchie NWR, TN...................  Windrow Loop/Bear Creek       83,000
                                     Bridge.
Iron River NFH, WI................  Storage building.......      825,000
Kenai NWR, AK.....................  Roads/intersections....      250,000
Klamath Basin NWR, CA.............  Water facilities.......    3,600,000
Lacassine NWR, LA.................  Shop building..........      750,000
Laguna Atascosa NWR, TX...........  Bridge rehabilitation..       55,000
Lower Rio Grande Valley NWR, TX...  Bridge rehab. &              270,000
                                     replacement.
Madison WMD, SD...................  Heating system, office       500,000
                                     rehabilitation.
Makah NFH, WA.....................  Salmon spawning            2,570,000
                                     structure.
Mammoth Spring NFH, AR............  Pond structures........      450,000
McKinney Lake NFH, NC.............  McKinney Lake Dam......      700,000
Mingo NWR, MO.....................  Replace bridges........      702,000
Mississquoi NWR, VT...............  HQ planning &              2,000,000
                                     construction.
National Blackfooted Ferret         Construction...........    1,800,000
 Conservation Center, CO.
North Attleboro NFH, MA...........  Reconstruction               325,000
                                     (generator
                                     replacement).
Okefenokee NWR, GA................  Visitors center            1,000,000
                                     renovation.
Orangeburg NFH, SC................  Orangeburg Substation        700,000
                                     Dam.
Ridgefield NWR, WA................  Shop building..........      450,000
Sabine NWR, LA....................  Boathouse..............      550,000
Sequoyah NWR, OK..................  Bridge rehabilitation..      160,000
Sequoyah NWR, OK..................  Repairs and roads......      575,000
Sherburne NWR, MN.................  Shop buildings.........      945,000
Silvio Conte NWR..................  Colebrook interp ctr in      250,000
                                     NH.
Southeast Louisiana Refuges.......  Building repairs.......    1,000,000
Tern Island NWR, Pacific..........  Replace/repair seawall.    1,000,000
Togiak NWR, AK....................  Fourplex residence.....    1,216,000
Welaka NFH, FL....................  Ponds & cache basins...      530,000
White River NWR, AR...............  Administrative building    1,000,000
                                     w/visitor contact.
White Sulphur Springs NFH, WV.....  Rehabilitation.........      150,000
Wichita Mountains NWR, OK.........  Bridge rehab. &              220,000
                                     replacement.
Wichita Mountains NWR, OK.........  Gramma Lake & Comanche     1,100,000
                                     Dams.
Wichita Mountains NWR, OK.........  Roads..................    1,564,000
Servicewide bridge safety             .....................      495,000
 inspections.
Servicewide dam safety inspections    .....................      495,000
Construction Management...........    .....................    6,242,000
                                                            ------------
      Total.......................    .....................   50,453,000
------------------------------------------------------------------------


      The Committees agree to the following:
      1. The funding provided for the Alaska Maritime NWR, AK 
is to complete design of an administrative building with a 
visitor contact area. No funds are to be used for design of 
additional support buildings or facilities. The total cost of 
the project should not exceed $10,000,000, and within that 
amount, the cost of exhibits, furnishings and any outdoor 
interpretation aids associated with the visitor contact portion 
of the building should be paid for with non-Federal funds.
      2. The funding for the Dexter NFH, NM completes the 
construction at that hatchery and no further Federal 
construction funding will be required for the project.
      3. The funding for the Hanalei NWR, HI completes the 
water delivery facilities for that refuge, and no further 
Federal funding will be required for the project.
      4. The funding for the Colebrook interpretive center in 
NH is provided on a one-time only basis. This facility is not 
located on property within the Silvio Conte NWR.
      5. The funding provided for the White River NWR, AR is 
for construction of an Administrative building with a visitor 
contact area at the refuge. The cost of exhibits, furnishings 
and any outdoor interpretation aids associated with the visitor 
contact portion of the building should be paid for with non-
Federal funds.
      6. The Service should work with the Navy Seabees to 
develop a cooperative effort for the repair/replacement of the 
seawall at Tern Island in the Pacific. The total cost of this 
project, assuming cooperation with the Navy on the transport of 
materials, should be reported to the Committees no later than 
January 15, 1999. The fiscal year 2000 budget request should 
include a status report on the project including a proposed 
plan to implement the seawall replacement on a phased funding 
basis.
      7. Funding for major safety repairs to bridges and roads 
has not been transferred to the construction account from the 
resource management account as proposed by the House.
      8. The fiscal year 2000 budget should address the 
feasibility of constructing a cost-shared indoor eagle viewing 
and educational facility at the National Eagle Center in MN 
within the context of overall Service priorities.
      9. No funding is provided for constructing a 
biocontainment facility in MT, as proposed by the Senate, for 
research on contagious diseases that can impact domestic 
livestock. The lead agency for such a project should be the 
U.S. Department of Agriculture. There is no objection to the 
Service serving in a consultative role for this project.
      10. The Service is strongly urged to use local hires to 
the maximum extent practicable in constructing the fourplex 
residence at the Togiak NWR, AK.

                            land acquisition

      The conference agreement provides $48,024,000 for land 
acquisition instead of $30,000,000 as proposed by the House and 
$62,120,000 as proposed by the Senate. The Committees agree to 
the following distribution of funds:
        State and Project                                         Amount
LA--Atchafalaya River Bsn. (LA Black Bear)..............      $1,000,000
TX--Attwater Prairie Chicken NWR........................       1,000,000
VA--Back Bay NWR........................................       1,000,000
CA--Bair Island (Don Edwards NWR).......................       1,500,000
TX--Balcones Canyonlands NWR............................       1,500,000
WA--Black River (Nisqually NWR).........................         750,000
AL--Bon Secour NWR......................................       1,000,000
PR--Cabo Rojo Salt Flats NWR............................       1,000,000
WV--Canaan Valley NWR...................................       1,200,000
NJ--Cape May NWR........................................       1,000,000
KY--Clarks River NWR....................................         500,000
NJ--E.B. Forsythe NWR...................................         750,000
AL--Grand Bay NWR.......................................         750,000
MA--Great Meadows NWR...................................       1,750,000
OR--Klamath Forest Marsh NWR............................         100,000
NH--Lake Umbagog NWR....................................       1,800,000
FL--Lake Wales Ridge NWR................................       1,000,000
TX--Lower Rio Grande NWR................................       2,000,000
WV--Ohio River Islands NWR..............................         250,000
OH--Ottawa NWR..........................................       1,000,000
IN--Patoka River NWR....................................         250,000
ME--Petit Manan NWR.....................................         375,000
ME--Rachel Carson NWR...................................         375,000
VA--Rappahannock River Valley NWR.......................       1,000,000
RI--Rhode Island Refuge Complex.........................         500,000
CA--San Diego NWR.......................................       3,000,000
LA--SE Louisiana Refuges................................       1,000,000
VT/CT/NH/MA--Silvio O. Conte NWR........................       3,174,000
CT--Stewart McKinney NWR (Ram Isld).....................       1,600,000
LA--Tensas River NWR....................................         750,000
TX--Trinity River NWR...................................         500,000
SC--Waccamaw NWR........................................       1,750,000
NJ--Wallkill NWR........................................       1,000,000
WI--Whittlesey Creek NWR................................         650,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................      36,774,000
Emergencies/hardships...................................       1,000,000
Inholdings..............................................         750,000
Exchanges...............................................       1,000,000
Acquisition management..................................       8,500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................      48,024,000

      The Committees have provided a total of $2,000,000 for 
acquisition of timberlands within the Bailey Tract located in 
the proposed Atchafalaya National Wildlife Refuge. $1,000,000 
was recently provided from fiscal year 1998 Title V money and 
$1,000,000 is contained in this bill. The Committees strongly 
urge the Service to conduct public hearings and solicit input 
from the local communities on the creation of this refuge. It 
is the intent of the Committees that any funds appropriated for 
this refuge will not have an adverse impact on commercial 
activities pending the approval and release of a final report.
      The conference agreement earmarks $1,500,000 for the Bair 
Island acquisition in the Don Edwards NWR. It is the 
Committees' clear intent that the existing public trail which 
runs along the levy, parallel to Bay Shore Freeway, remains 
open.
      The Committees have provided a total of $2,000,000 for 
the Cabo Rojo acquisition, $1,000,000 of which was recently 
provided from fiscal year 1998 Title Vmoney and $1,000,000 is 
contained in this bill. It is the Committees' intention to complete 
this project before December 31, 1998, from within the balance of Title 
V funds.
      The Committees have not included funds for the Texas 
Chenier Plain which includes four National Wildlife Refuges in 
three counties in Texas. The Service is directed not to provide 
any funds for these areas.
      The Committees have provided $1,000,000 to purchase the 
Howard property near the Ottawa National Wildlife Refuge in 
Ohio. These funds are contingent on an equal match with State 
or private funds.
      The Committees are modifying the reprogramming guidelines 
regarding land exchanges. The agencies must submit proposed 
land exchanges in excess of $500,000 to the Committees on 
Appropriations for a 30 day period of review.

            cooperative endangered species conservation fund

      The conference agreement provides $14,000,000 for the 
cooperative endangered species conservation fund instead of 
$15,000,000 as proposed by the House and $34,000,000 as 
proposed by the Senate. The change to the House recommended 
level is a decrease of $1,000,000 for habitat conservation plan 
land acquisition. The $20,000,000 proposed by the Senate for 
grants to the State of Washington for salmon and steelhead 
recovery is addressed in the Resource Management account.

                     national wildlife refuge fund

      The conference agreement provides $10,779,000 for the 
National wildlife refuge fund as proposed by both the House and 
the Senate.

               north american wetlands conservation fund

      The conference agreement provides $15,000,000 for the 
North American wetlands conservation fund instead of 
$12,700,000 as proposed by the House and $15,000,000 as 
proposed by the Senate. Increases above the House include 
$2,210,000 in habitat management and $90,000 in administration.

              wildlife conservation and appreciation fund

      The conference agreement provides $800,000 for the 
wildlife conservation and appreciation fund as proposed by both 
the House and the Senate.

                multinational species conservation fund

      The conference agreement provides $2,000,000 for the 
multinational species conservation fund instead of $2,400,000 
as proposed by the House and $1,900,000 as proposed by the 
Senate. Funds should be distributed as follows:

African elephants.......................................      $1,000,000
Rhinoceros and tigers...................................         500,000
Asian elephants.........................................         500,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total  .............................................       2,000,000

      The conference agreement makes minor technical 
corrections to the appropriations language to clarify that 
donations and penalties deposited in the fund are available 
without further appropriation.

                       administrative provisions

      The conference agreement makes two technical corrections 
to administrative provisions. The first involves using the term 
``inserting'' as proposed by the House instead of ``adding'' as 
proposed by the Senate in language dealing with amending the 
Marine Mammal Protection Act. The second specifies that the 
current reprogramming guidelines are contained in Senate Report 
105-56.

                         technical corrections

      The conference agreement includes a modification to 
technical corrections as proposed by the House to remove 
certain properties in Florida and South Carolina fromthe 
Coastal Barrier Resources System. These properties include 25 acres in 
Pumpkin Key, FL, 12 acres in Ocean Reef, FL and 18 acres in Huntington 
Beach, SC. The modification corrects the reference date for the 
relevant map for the Florida property. Other removals from the system 
are addressed under General Provisions--Department of the Interior and 
under Title III--General Provisions.

                         National Park Service

                 operation of the national park system

      The conference agreement provides $1,285,604,000 for 
operation of the National park system instead of $1,333,328,000 
as proposed by the House and $1,288,903,000 as proposed by the 
Senate. The agreement provides $228,819,000 for Resource 
Stewardship instead of $228,790,000 as proposed by the House 
and $229,818,000 as proposed by the Senate. Changes to the 
House level include increases of $1,279,000 for special need 
parks and $750,000 for Vanishing Treasures and a decrease of 
$2,000,000 for Inventory and Monitoring. Within available 
funds, $400,000 is for additional continuing support for 
Heritage Preservation public education and training.
      The conference agreement provides $301,238,000 for 
Visitor Services instead of $301,663,000 as proposed by the 
House and $302,538,000 as proposed by the Senate. Changes to 
the House level include increases of $475,000 for special need 
parks and $500,000 for the park police and decreases of 
$200,000 for the overflights initiative and $1,200,000 for risk 
assessments.
      The conference agreement provides $411,930,000 for 
maintenance instead of $447,159,000 as proposed by the House 
and $401,930,000 as proposed by the Senate. Changes to the 
House level include an increase of $771,000 for special need 
parks and a decrease of $36,000,000 for maintenance. The 
Committee directs the Service to do the following maintenance 
projects within available funds: $300,000 for Central High 
School, AR, $200,000 for Fort Sumter, SC, and $390,000 for San 
Antonio Missions, TX.
      The Committees are pleased that the Administration has 
finally endorsed the congressionally initiated program to 
reduce backlog maintenance in the parks. The Committees 
continue to place a high priority on this initiative and the 
Congress has provided nearly $1 billion for this purpose since 
fiscal year 1996. In addition, the Committees created a 
Recreational Fee Demonstration Program which will provide over 
$450,000,000 to the National Park Service over the life of the 
five-year program. Also, the Committees provided $20,000,000 
for backlog projects on September 5, 1998, from the fiscal year 
1998 Title V funds. The Committees note that the reduction from 
the House level for maintenance is more than offset by the 
release of Title V funding and the extension of the 
Recreational Fee Demonstration Program and encourage the 
Service and the Administration to work with them to implement 
this many-faceted approach to addressing a serious problem. The 
answer to the problem cannot be appropriations alone. 
Management and financial accountability improvements in the 
Service are desperately needed to achieve the goal of a 
realistic and manageable maintenance backlog.
      The conference agreement provides $238,929,000 for Park 
support instead of $238,128,000 as proposed by the House and 
$239,929,000 as proposed by the Senate. Changes to the House 
level include increases of $326,000 for special need parks and 
$475,000 for the Lewis and Clark Trail. This $475,000 includes 
$175,000 for challenge cost-share grants, $140,000 for a 
partnership agreement and $160,000 for technical assistance and 
planning.
      The conference agreement has deleted the $12,500,000 for 
the Denver Service Center base funding as proposed by the House 
from the operations account and provided funds under Park 
Service construction. The conference agreement also deletes the 
$10,000,000 across the board increase proposed by the Senate.
      The conference agreement provides $104,688,000 for 
External Administrative costs as proposed by the Senate instead 
of $105,088,000 as proposed by the House. The change to the 
House level is a reduction of $400,000 for FTS 2000.
      The Committees recognize that Yosemite National Park has 
a serious bear management problem and that current funding has 
not been sufficient to deal with the estimated 600 bears in the 
park and the 4 million people who visit the park annually. 
Therefore, the conference agreement earmarks $500,000 within 
available funds for the bear management program in Yosemite 
National Park.
      The Committees agree to clarify the dates for which 
reports analyzing the fee program are due. By January 31 of 
each year the program is in existence, the Service should 
provide a consolidated report on annual accomplishments for the 
preceding fiscal year and any recommended improvements to the 
program. At such time as the program is terminated, the final 
report should also include a comprehensive evaluation of the 
entirety of the program.
      The Committees are concerned about the findings of a 
recent GAO report that raises several concerns about the new 
fee program. While finding the Recreational Fee Demonstration 
Program a success with the general public, the report 
criticized theService for generating the greatest revenue yet 
expending only 17 percent from the period October 1, 1996 to March 31, 
1998. The study recommends that the Secretary of the Interior look for 
further opportunities to experiment and innovate with new and existing 
fees and work more closely with the Secretary of Agriculture to improve 
services for visitors by better coordinating their fee activities. The 
Committees strongly urge the Service to improve greatly the rate at 
which fee monies are put to work on the ground in the parks and to take 
very seriously the Committees' long-standing directive to place signage 
in the parks which thanks the public and describes how their fees are 
being used. The Committees were disappointed that this directive was, 
to a large extent, ignored this past summer, particularly in the larger 
parks.
      The Committees continue to express concern over the 
unsafe conditions at the intersection of Routes 29 and 234 in 
the Manassas National Battlefield Park, Prince William County, 
Virginia which remain hazardous to local residents and visitors 
of the park traveling through the intersection. However, the 
Committees are aware and encouraged that an ``intersection task 
force'' was convened in April 1998 to develop a compromise 
resolution to the problem of safety and traffic capacity at the 
intersection.
      The task force consists of representatives from the 
Virginia Department of Transportation (VDOT), the Federal 
Highway Administration (FHWA), the National Park Service, the 
American Automobile Association, Prince William County 
officials, and local citizens. The Committees have been advised 
that the task force is in the process of developing a 
memorandum of understanding (MOU) in a three-phased approach to 
resolve the problems at the intersection.
      Phase one calls for traffic signal improvements; clearing 
vegetation from intersection approaches; relocating the 
existing Stone House parking lot; improving the traffic 
enforcement; developing safe pull-off areas for law 
enforcement; reducing speed limits; providing grooved surfaces 
and signs at the park entrance to alert visitors they are 
entering the park and to alert travelers of the approaching 
intersection.
      Phase two will be initiated only after an objective 
determination that phase one improvements have failed to 
address the problem. The intersection will be monitored 
regularly, and it is expected that the task force will 
reconvene to evaluate phase one. Phase two will consist of some 
regrading of Route 234, widening of both approaches of Route 
29, and the consideration of accommodating additional turn 
lanes.
      Phase three calls for the Service to seek funding and 
work with VDOT, FHWA, and Prince William County towards the 
closure of Routes 29 and 234 and to provide alternative routes 
for traffic now traveling through the Park as called for in 
Public Law 100-647. The Committees recognize that safety 
concerns at the Routes 29 and 234 intersection have been a 
long-standing problem for the park and surrounding community. 
The Committees strongly encourage the Service and VDOT to 
continue to work together to finalize and approve an MOU, 
adhere to the terms of the agreement and implement the actions 
as outlined. The Service should conduct a bypass study as 
called for in Public Law 100-647.
      The Committees direct the Service to expand its official 
budget justification for fiscal year 2000 to include a new park 
summary section which lists the units of the system by the 
nineteen National Park System designations. This new summary 
should begin with the National Parks.
      The conference agreement includes language in Title I 
General Provisions which ensures that property owners included 
within the boundaries of the Indiana Dunes National Lakeshore 
at the time of the 1992 Act that expanded the park are afforded 
the same opportunities to obtain fixed-term Reservations of Use 
and Occupancy as homeowners that were incorporated in previous 
expansions.
      The Committees have deleted language requiring the 
Service to consider options for establishing a jet-capable 
runway near the entrance to Denali National Park and Preserve, 
but note the proximity of jetports to the entrance of other 
National parks, such as Wrangell-St. Elias NP&P at Glenallen, 
Alaska and Katmai NP&P at King Salmon, Alaska, where the 
National Park Service keeps administrative offices.
      The Committees have once again provided $600,000 in base 
funding for new mineral examiners at the Mojave National 
Preserve. This same amount and direction was included in Public 
Law 105-83. The Committees have learned that the Service did 
not comply with the clear congressional intent and used the 
funding for other units as well as for the Denver-based 
Geological Resources Division. The Service has informed the 
Committees that there are over 2,000 mining claims within or in 
close proximity to the Mojave National Preserve. The Service 
explained that mineral examiners are needed on site to process 
these claims and establish valid existing rights. Service 
officials expressed to the Committees that this was the most 
challenging issue confronting the newly established unit. The 
Congress responded but the Service chose to not comply with 
congressional direction. Therefore, the Committees have 
included statutory language to ensure that this pressing need 
is addressed in fiscal year 1999.
      The Committees expect that when or if the National Park 
Service completes the work on design alternatives for 
improvements to Pennsylvania Avenue in front of the White 
House, the Department will submit a reprogramming proposal to 
the House and Senate Committees on Appropriations through the 
normal process to do planning on such proposed improvements. 
Before taking any action on the reprogramming proposal, the 
Committees expect full and open consultations from the 
Administration on the preferred alternative including the goal, 
justification and cost effectiveness of the improvements.

                  National Recreation and Preservation

      The conference agreement provides $46,225,000 for the 
National recreation and preservation program instead of 
$43,939,000 as proposed by the House and $48,800,000 as 
proposed by the Senate.
      The conference agreement provides $515,000 for recreation 
programs as proposed by the Senate instead of $506,000 as 
proposed by the House. The change to the House level consists 
of an increase of $9,000 for fixed costs. The conference 
agreement provides $9,088,000 for Natural programs instead of 
$8,984,000 as proposed by the House and $10,188,000 as proposed 
by the Senate. The change to the House level is an increase of 
$104,000 for fixed costs. Within available funds, $375,000 is 
provided for the restoration of Ravenna Creek by means of 
surface reconnection in cooperation with the Ravenna Creek 
Alliance. Consideration should be given to the Lake Champlain 
project and the Vermont/New Hampshire River Commissions. The 
Committees have agreed not to continue to earmark funds for the 
Chesapeake Bay initiative. The Committees appropriated $400,000 
for fiscal years 1997 and 1998 for grants to local communities 
to help implement heritage protection plans.
      The conference agreement provides $19,056,000 for 
Cultural Programs instead of $18,899,000 as proposed by the 
House and $19,431,000 as proposed by the Senate. The changes to 
the House level are an increase of $157,000 for fixed costs. 
Within available funds, $250,000 is provided to initiate a 
Revolutionary War Study.
      The conference agreement provides $1,671,000 for 
International park affairs as proposed by the Senate instead of 
$1,658,000 as proposed by the House. The changes to the House 
are an increase of $13,000 for fixed costs. The conference 
agreement provides $358,000 for environmental and compliance 
review as proposed by the Senate instead of $350,000 as 
proposed by the House. The change to the House level is an 
increase of $8,000 for fixed costs. The conference agreement 
provides $1,751,000 for Grant Administration as proposed by the 
Senate instead of $1,715,000 as proposed by the House. The 
change to the House level is an increase of $36,000 for fixed 
costs.
      The conference agreement provides $5,000,000 for Heritage 
Commissions and grants instead of $4,500,000 as proposed by the 
House and $5,500,000 as proposed by the Senate. Within this 
amount, $1,000,000 each is earmarked for the Essex National 
Recreation Area, the Ohio and Erie Canal National Heritage 
Corridor, and the Steel Industry Heritage Corridor. Also 
earmarked is a total of $500,000 each for the South Carolina 
National Heritage Corridor and the Augusta Canal National 
Heritage Area. The remaining $1,000,000 is to be distributed to 
the remaining four areas. The Committees intend that these 
funds be allocated to the heritage areas and that the Service 
be limited to no more than two FTEs and no other part-time or 
detailed staff may be used for this program. The Service is 
reminded that it only has Congressional authorization to work 
on the areas specified in the Omnibus Parks Act of 1996. 
Technical support for this program is funded at $859,000 as 
proposed by the Senate instead of $850,000 as proposed by the 
House.
      The conference agreement provides $7,927,000 for 
Statutory or Contractual Aid instead of $4,477,000 as proposed 
by the House and $8,527,000 as proposed by the Senate. Funds 
are to be distributed as follows:

Alaska Native Cultural Center...........................        $750,000
Aleutian World War II National Historic Area............         100,000
Blackstone River Corridor Heritage Commission...........         324,000
Brown Foundation........................................         102,000
Dayton Aviation Heritage Commission.....................          48,000
Delaware and Lehigh Navigation Canal....................         329,000
Ice Age National Scientific Reserve.....................         806,000
Illinois and Michigan Canal National Heritage Corridor 
    Commission..........................................         239,000
Johnstown Area Heritage Association.....................          50,000
Lackawanna Heritage.....................................         450,000
Mandan On-a-Slant Village...............................         250,000
Martin Luther King, Jr. Center..........................         534,000
National Constitution Center............................         500,000
National Underground RR.................................         500,000
Native Hawaiian culture and arts program................         750,000
New Orleans Jazz Commission.............................          67,000
Quinebaug-Shetucket National Heritage Corridor 
    Commission..........................................         200,000
Roosevelt Campobello International Park Commission......         670,000
National First Ladies Library...........................         300,000
Southwestern Penn. Heritage Preservation Commission.....         158,000
Vancouver National Historic Reserve.....................         400,000
Wheeling National Heritage Area.........................         400,000

      The funds provided for the Alaska Native Cultural Center 
begin a three-year phaseout of this project. The Committees 
understand that $500,000 will be provided in fiscal year 2000 
and a final $250,000 for fiscal year 2001. The $500,000 for the 
Sewall-Belmont House is provided in the new Millennium Program 
instead of in Statutory and Contractual Aid as proposed by the 
Senate.
      The Committees have included $300,000 for technical 
assistance and support for the Saxton McKinley House and 
National First Ladies' Library in Canton, Ohio. Further 
guidance regarding this program is contained in the 
``Construction'' account under general management plans.
      The conference agreement has not provided the $2,000,000 
as proposed by the House for urban park grants. The Committees 
have determined that this effort cannot be accommodated with 
the limited resources available this year.

                       Historic Preservation Fund

      The conference agreement provides $72,412,000 for the 
Historic Preservation Fund instead of $40,812,000 as proposed 
by the House and $55,612,000 as proposed by the Senate.
      The conference agreement provides $42,412,000 for Grants-
in-aid instead of $40,812,000 as proposed by the House and 
$45,612,000 as proposed by the Senate. The changes to the House 
level include a decrease of $700,000 for Historically Black 
Colleges and Universities, an increase of $2,000,000 for State 
grants and an increase of $300,000 for Tribes. Within the funds 
for HBCUs, $200,000 is earmarked for an assessment of all 
buildings eligible for funding under the 1996 Omnibus Parks 
Bill. The Committees intend that HBCU funds be allocated based 
on completed assessments and that no HBCU be given more than 
$1,000,000 in this fiscal year. Given this increase, thenew 
base for HBCUs is $7,000,000. The additional funds provided for grants-
to-States are for preservation projects and other purposes consistent 
with the Historic Preservation Act, and may be allocated by individual 
States according to State priorities.
      The conference agreement provides $30,000,000 for a new 
two-year Millennium Program as proposed by the Senate. The 
Committees intend that these individual grants be matched on a 
60 percent non-Federal to 40 percent Federal basis. Projects 
are limited to items traditionally funded in the Interior and 
Related Agencies Appropriations Act and the National Archives 
Projects under the jurisdiction of other Federal agencies will 
not be funded and no funds may be allocated to the States. Most 
States have budget surpluses and should be able to support 
their own programs. The agencies should work together to 
establish specific criteria for proposing Millennium projects 
which consider national significance, meet the matching 
requirement, have an educational component, and will not 
require additional funds in future years. The National Park 
Service in cooperation with the Smithsonian Institution and any 
other eligible agency should submit the criteria and the 
project list to the House and Senate Appropriations Committees 
for final approval. Within these funds $3,000,000 is for the 
Star Spangled Banner restoration and $500,000 is for the 
Sewall-Belmont House, and funds necessary to completely restore 
the Declaration of Independence and the U.S. Constitution 
located in the National Archives.

                              Construction

      The conference agreement provides $226,058,000 for 
construction instead of $149,000,000 as proposed by the House 
and $210,116,000 as proposed by the Senate. The Committees 
agree to the following distribution of funds:
        Project                                                   Amount
Accokeek Foundation, MD (rehab).........................        $300,000
Adams NHS, MA (repair/rehab)............................       1,724,000
Antietam NB, MD (restore structures)....................       1,190,000
Black Archives, (FL A&M Univ. const.)...................       1,000,000
Blackstone River Valley, RI/MA (exhibits)...............         750,000
Blue Ridge Parkway, VA (repair).........................         200,000
Boston African-American NHS, MD (rehab).................       1,398,000
Brown v. Board of Education NHS, KS (rehab).............       4,000,000
C&O Canal MD (relocate visitor center)..................       1,200,000
Canaveral NS, FL (Seminole Rest)........................         800,000
Cape Hatteras NS, NC (reloc. Light station).............       9,800,000
Charleston School Dist., AR (exhibits)..................         200,000
Chickasaw NRA, OK (Campground)..........................       1,270,000
Congaree Swamp NM, SC (access road).....................       2,300,000
Cuyahoga Valley NRA, OH (repair/rehab)..................       4,470,000
Dayton Aviation NHP, OH (comp. Hoover)..................       1,305,000
Delaware Water Gap NRA, PA (repaired dams)..............         840,000
Delaware Water Gap NRA, PA (trail)......................       3,500,000
Delaware Water Gap NRA, (Zimmermann House)..............         750,000
Edison NHS, NJ (rehab)..................................         507,000
Eisenhower NHS, PA (fire protection)....................       1,310,000
Ellis Island NJ-NY (stabilization)......................       2,000,000
Everglades NP, FL (water system)........................      14,000,000
FDR Home/Vanderbilt NHS, NY (rehab).....................       1,000,000
Field Museum, IL (rehab)................................       2,000,000
Fort McHenry NM & HS, MD (rehab)........................         900,000
Fort Necessity NB, PA (VC)..............................       3,400,000
Fort Point NHS, CA (repair).............................       2,158,000
Fort Smith NHS, AR (rehab)..............................       1,550,000
Fort Stanwix NM, NY (rehab).............................         500,000
Gateway NRA, NY (rehab).................................       5,690,000
Gateway NRA, NJ (rehab lighthouse)......................         884,000
George Washington Mem. Parkway, VA......................         300,000
Glacier Bay NP&P, AK (rehab)............................       3,988,000
Glen Canyon NRA, AZ (improve Lake Powell)...............       2,040,000
Golden Gate NRA, CA (rehab Alcatraz)....................       5,580,000
Great Smoky Mts. NP, TN-NC (trails).....................         970,000
Harpers Ferry NHP, WV (stabilization)...................       1,200,000
Hecksher Museum, NY (renovation)........................         500,000
Hispanic Cultural Center, NM (arts center)..............       3,000,000
Independence NHP, PA (redevelopment)....................       3,500,000
Jean Lafitte NHP&P, LA (rehab)..........................       2,000,000
Jimmy Carter NHS, GA (restore home site)................       1,435,000
Katmai NP&P, AK (visitor facilities)....................       3,000,000
Kendall Co. Courthouse, IL (restoration)................       1,500,000
Lake Mead NRA, NV (replace water treat).................       8,550,000
Lake Mead NRA, NV (replace water treat).................       1,342,000
Lewis & Clark NHT, IL (VC)..............................       4,000,000
Longfellow NHS, MA (rehab structures)...................       1,645,000
Mammoth Cave NP, KY (rehab).............................       1,120,000
Minute Man NHP, MA (safe visitor access)................       1,200,000
Natchez NHP, MS (restore houses)........................         876,000
National Constitution Center, PA........................      10,000,000
New Jersey Coastal Heritage Trail, NJ...................         411,000
New River Gorge NR, WV (rehab)..........................         525,000
Olympic NP, WA (Quinault VC)............................         525,000
Perry's Victory & IPM, OH (rehab).......................       2,200,000
Sequoia NP, CA (restore Giant Forest)...................       6,000,000
Shenandoah NP, VA (rehab utility systems)...............       4,980,000
Shiloh NMP, TN (stop riverbank erosion).................       2,000,000
Sitka NHS, AK (rehab bldgs).............................       1,120,000
Sotterly Plantation, MD (restoration)...................         600,000
Southwest Penn Heritage Comm. (rehab)...................       2,000,000
Stones River NB, TN (exhibits)..........................         300,000
Susan B. Anthony House, NY (rehab)......................         550,000
Tuskegee Airman NHS, AL (emergency stabilization).......       2,100,000
U-505, IL (rehab).......................................       1,000,000
Ulysses S. Grant NHS Hist. Site, MO (rehab).............         968,000
Vicksburg NMP, MS (restore bldgs.)......................       1,200,000
Virginia City, MT (restoration).........................       1,000,000
Wheeling, WV (restoration)..............................         600,000
Women's Rights NHP, NY (trail study)....................         100,000
Wrangell St. Elias NP&P, AK (VC)........................       8,600,000
Yellowstone NP, WY (sewer replacement)..................         500,000
Zion NP, UT (visitor transport system)..................       3,640,000
                    --------------------------------------------------------
                    ____________________________________________________
    Project Total.......................................     171,561,000
Emergency/unscheduled housing...........................      15,000,000
Planning................................................      16,370,000
Equipment Replacement...................................      15,402,000
General Management Plans................................       7,725,000
                    --------------------------------------------------------
                    ____________________________________________________
      Grand Total.......................................     226,058,000

      The Committees have agreed to provide $16,370,000 for 
construction planning. Within this amount are specific 
construction planning funds as follows: (1) $164,000 for 
construction planning at Chickasaw NRA, (2) $265,000 for 
construction planning at Congaree Swamp NM, (3) $295,000 for 
construction planning at the Dayton Aviation NHP, (4) $120,000 
for construction planning for the Zimmermann House in the 
Delaware Water Gap NRA, (5) $100,000 for construction planning 
at the FDR Home NHS, (6) $162,000 for construction planning of 
the water system at Guadalupe Mts. NP, (7) $200,000 for 
construction planning at Jean Lafitte NHP&P, (8) $25,000 for 
construction planning of the Quinault Visitor Center in Olympic 
NP, (9) $100,000 for construction planning at Sitka NHS, and 
(10) $100,000 for construction planning at Hovenweep NM.
      The Committees continue to have strong concerns regarding 
the construction program of the National Park Service. The 
review directed by the Committees and conducted by the National 
Academy of Public Administration (NAPA) during fiscal year 1998 
recommended significant changes in the way the Service manages 
its construction program. Both the House and Senate took 
significant steps towards a restructuring of the program 
consistent with the NAPA recommendations. The Service also 
responded favorably to the NAPA recommendations and presented 
the Committees with an implementation plan identifying actions 
the Service will take to ensure compliance with the NAPA 
recommendations. The Service should proceed diligently with 
execution of the plan so that the NAPA reforms are implemented 
by the end of fiscal year 1999.
      The Committees remain committed to reforms in the 
construction program that will ensure more cost-effective 
projects, less expensive program oversight, and greater use of 
external rather than in-house capabilities, particularly in the 
areas of planning, design, and project management. The 
Committees emphasize that the reforms included in the NAPA 
report apply to the entirety of the Service line-item 
construction program, not just those projects managed by the 
Denver Service Center.
      The Committees expect the Service to keep them informed 
on a regular basis regarding the downsizing of the Denver 
Service Center and the transition to a new organizational 
structure that will be capable of executing the reforms 
outlined in the NAPA report and in the Service implementation 
plan. In order to assist with the downsizing, the Committees 
have included bill language which provides buyout authority for 
employees at the Denver Service Center, as well as the Presidio 
and Golden Gate National Recreation Area, where a similar 
downsizing need exists.
      Consistent with the NAPA recommendations and the Service 
implementation plan, the Committees recommend the following 
amounts within the construction appropriation for conducting 
the construction program in fiscal year 1999: Base operations 
for Denver Service Center, $16,100,000; program oversight 
within the office of the Associate Director for Professional 
Services, $1,000,000; planning, 10 percent of net construction; 
and centrally administered funds for pre-design and special 
studies of proposed line-item construction projects, 
$4,500,000. In fiscal year 1999, funding for these activities 
shall not exceed the specified amount, and will be paid for 
from savings resulting from application of the NAPA recommended 
planning, oversight, and contingency percentages to the line-
item projects that are managed by the Service and funded in 
this Act. Starting with the fiscal year 2000 budget, NPS should 
identify and justify each of these elements as a separate line 
item in the construction budget. Funding for the one-time 
transition costs associated with the downsizing to 260 FTEs is 
to come from unobligated construction balances and application 
of the NAPA percentages to unstarted prior year construction 
projects. Should additional costs be identified as 
implementation proceeds, the Service should submit a 
reprogramming request for the Committees' consideration.
      Further, with regard to the construction program, the 
Committees agree to the following:
            1. Once the savings are identified by project, the 
        Denver Service Center may not charge or assess any cost 
        to the fiscal year 1999 line-item activity or the 
        subactivity for planning and design;
            2. The planning and predesign funds are for 
        activities associated with outyear projects, consistent 
        with the five-year plan, with an emphasis on projects 
        expected to be pursued in the first two or three years;
            3. The Service shall provide the Committees with a 
        report on the proposed allocation, by project and 
        purpose, of the funds provided for both planning and 
        predesign;
            4. General management plans will continue to be 
        funded in the same manner as proposed in the budget; 
        however, the Committees reiterate their strong 
        admonition to all levels of the Service that these 
        documents must become more realistic and programmatic 
        in the expectations they identify;
            5. The Service must establish an effective method 
        for tracking project costs using the new practices 
        stemming from the NAPA report. This system must be used 
        by all parties participating in the line-item program 
        (including parks and regions) and must ensure that 
        project costs are accounted for by line-item and fiscal 
        year; and
            6. Any exceptions to the NAPA recommended 
        percentage of projects to be planned in-house must be 
        presented to the Committees for approval.
      The Committees have not included the $3,300,000 requested 
for water and sewer lines at Acadia National Park because the 
project will be completed with maintenance funding provided in 
Title V of the fiscal year 1998 bill.
      The Committees have agreed to provide $300,000 to the 
Accokeek Foundation and $600,000 for the Sotterly Plantation in 
Maryland subject to matching non-Federal funds. These funds 
complete the Federal contribution to both projects.
      The conference agreement provides $4,000,000 to begin 
restoration of the Brown v. Board of Education facility in 
Kansas. The Committees note that the Administration did not 
request these funds in fiscal year 1999 and encourage the 
Department to include the final phase of funding in the fiscal 
year 2000 budget request. The Committees are concerned over the 
estimated cost to complete the visitor center portion of the 
project and urge the Park Service to reduce considerably the 
total and to consider private cost sharing.
      Funds provided for the Canaveral National Seashore 
Seminole Rest project should complete the projects described in 
the House report--specifically some trails, exhibits, parking 
and modest restroom facilities. By providing the $800,000, the 
Committees have not committed to additional projects outlined 
in the Development Concept Plan. None of these funds should be 
used for additional planning and design beyond the work 
specified above. If these funds are not enough to complete this 
work, then the project should be scaled back.
      An amount of $2,000,000 is provided on a one-time basis 
for the completion of the Sidney R. and Addie Yates Exhibition 
Center at the Field Museum in Chicago, Illinois. The $500,000 
for renovations at the Hecksher Museum in New York is also 
provided on a one-time basis. Funds provided for the Kendall 
County Courthouse are on a one-time basis.
      Of the construction funds provided for Fort Smith NHS, up 
to $50,000 shall be available for the Secretary of the Interior 
to study the feasibility of including the historic Hot Springs 
High School within the Hot Springs National Park in Arkansas.
      Funds provided for the Fort Necessity and Lewis and Clark 
Visitor Centers will complete the Federal share of these 
projects. Funds provided for the Hovenweep National Monument 
are for design of a visitor center to replace the current 
administrative/visitor contact building. The existing structure 
is a deteriorating cabin that lacks appropriate space and 
access, and which is a safety hazard due to structural 
deficiencies and rodent infestation. The Committees understand 
that the funds provided are the amount that can be obligated by 
the Service in fiscal year 1999.
      The Committees intend that $300,000 of the $2,000,000 
provided to the Southwest Pennsylvania Heritage Commission is 
to be used for the rehabilitation of the historic Bedford 
Springs Hotel in Pennsylvania.
      The $10,000,000 provided for the National Constitution 
Center does not commit the Congress to additional funds for 
this project. The Committees, while supportive of the concept, 
encourage the Center to consider downscaling the size of the 
facility and to ensure that all components are consistent with 
the park's general management plan. The Committees further 
understand that the National Constitution Center will be 
entirely self-sustaining and that no Service funds will ever be 
required for operation of the facility. Further, the Committees 
urge the city of Philadelphia to enter into a binding legal 
agreement with the Center to take responsibility for the Center 
should operating funds be insufficient to manage the site in 
the future.
      The Committees have included $1,000,000 for 
rehabilitation of the U-505 submarine in Illinois and 
$1,000,000 for Virginia City, MT restoration. Each of these 
projects are funded on a one-time only basis.
      No funding is provided for constructing a biocontainment 
facility in Montana as proposed by the Senate for research on 
contagious diseases that can impact domestic livestock. The 
lead agency for such a project and any future Federal funding 
should be the responsibility of the U.S. Department of 
Agriculture. The Service may serve in a consultative role for 
this project.
      Bill language is provided in Title III General Provisions 
which directs that the remaining $250,000 appropriated as part 
of Public Law 105-83 in the National Park Service construction 
account for fiscal year 1998 for an environmental impact 
statement of a site for an interpretive center along the Blue 
Ridge Parkway near Roanoke, Virginia, may be used for the 
construction of an interpretive center outside the boundaries 
of the Blue Ridge Parkway. This completes the Federal share of 
the project.
      The Committees have included $3,000,000 to initiate 
planning, design and construction for improved visitor use 
facilities at the Brooks River area at Katmai National Park and 
Preserve. These funds will assist with providing improved day 
use and overnight accommodations, platforms and boardwalks to 
enhance bear viewing, provision of access and safety for boats 
and floatplanes, visitor orientation and contact, and other 
visitor amenities.
      The Committees direct the Service to use funds provided 
in fiscal year 1998 for the Seward Interagency Center for its 
designated purpose, notwithstanding the absence of a lease-back 
agreement with the City of Seward. The Committees direct the 
Service to explore cost-sharing with State and local entities 
and to report back to the Senate and House Appropriations 
Committees on cost estimates for this facility in Seward.
      The funds provided for the proposed Tuskegee NHS are for 
emergency stabilization costs only. Specifically, the funds are 
for hangar number one, the control tower, the Administration/
locker building, all ranks club, three sheds, a preliminary 
archeological survey and some oral history documentation. The 
Committees understand that these projects can be completed with 
these funds. This amount does not commit the Committees to any 
additional work mentioned in the Tuskegee Airmen Special 
Resource Study prepared by the Park Service's Atlanta Regional 
Office.
      These funds may not be used to initiate any additional 
planning or design beyond the $2,100,000. Any future funds for 
this site will be subject to matching requirements. These funds 
are subject to authorization of the site.
      A total of $1,200,000 is provided for the relocation of 
the visitor center at the C&O Canal in Cumberland, MD. This 
completes the project.
      Within the funds provided for general management plans 
and special resource studies, the National Park Service shall 
conduct a feasibility study regarding the Saxton McKinley House 
and the National First Ladies' Library in Canton, OH for 
possible inclusion in the system, or for other possible 
affiliation that will allow for NPS support and assistance to 
this worthwhile project. The National Park Service should 
consider various alternatives for providing ongoing assistance 
to the Saxton McKinley House and National First Ladies' 
Library, including possible satellite affiliation with Cuyahoga 
Valley National Recreation Area, establishment of an endowment, 
or a technical assistance program involving cooperative 
agreements and grants. The Saxton McKinley House is owned by 
the National Park Service, and the National First Ladies' 
Library is the first ever facility dedicated to documenting the 
lives and accomplishments of America's 41 first ladies and 
other important American women in history.

                    Land and Water Conservation Fund

                              (Rescission)

      The conference agreement rescinds the contract authority 
provided for fiscal year 1999 by 16 U.S.C. 460l-10a.

                 Land Acquisition and State Assistance

      The conference agreement provides $147,925,000 for land 
acquisition instead of $69,000,000 as proposed by the House and 
$88,100,000 as proposed by the Senate. The Committees agree to 
the following distribution of funds:
        State and Project                                         Amount
ME--Acadia NP...........................................      $1,000,000
MD--Antietam NB.........................................       1,900,000
Multi--Appalachian Trail................................       8,100,000
NM--Aztec Ruins.........................................         600,000
NM--Bandelier NM........................................         300,000
CO--Black Canyon of the Gunnison NM.....................         200,000
NC--Blue Ridge Parkway (Grandmother Mt.)................         500,000
GA--Chattahoochee River NRA.............................      15,000,000
MD--Cheasapeake and Ohio Canal NHP......................         250,000
OH--Cuyahoga Valley NRA.................................       1,000,000
WA--Ebey's Landing NH Res...............................       1,500,000
FL--Everglades NP.......................................      20,000,000
WV--Gauley River NRA....................................         500,000
VA--George Washington Birthplace NM (Ferry Farm)........       2,000,000
PA--Gettysburg NMP......................................       1,000,000
FL--Grant to State of FL................................      60,000,000
IN--Indiana Dunes.......................................         750,000
LA--Jean Lafitte NHP....................................       1,000,000
AK--Katmai NP&P.........................................       4,400,000
MI--Keweenaw NHP........................................         200,000
NJ--Morristown NHP......................................         925,000
MS--Natchez NHP/Ft. Rosalie Property....................         350,000
WV--New River Gorge NR..................................         750,000
MT--Nez Perce NHP.......................................         500,000
TX--Palo Alto Battlefield NHS...........................       1,000,000
VA--Petersburg NB.......................................         900,000
NM--Petroglyphs NP......................................       3,000,000
VA--Prince William Forest Park..........................         500,000
CO--Rocky Mountain NP (Kemp Property)...................         250,000
AZ--Saguaro NP..........................................       2,000,000
CA--Santa Monica NRA....................................       2,000,000
MI--Sleeping Bear Dunes NL..............................         800,000
TN--Stones River NB.....................................         750,000
MS--Vicksburg NMP.......................................         500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................     134,425,000
Emergencies/hardships...................................       3,000,000
Inholdings and Exchanges................................       1,500,000
Acq. Management.........................................       8,500,000
State Grants Administration.............................         500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     147,925,000

      The conference agreement includes bill language which 
makes the $60,000,000 appropriated for Everglades State grants 
subject to an equal match of State funds provided during fiscal 
year 1999. The State may not use funds for land acquisition 
which were previously provided in another fiscal year as the 
match.
      The conference agreement contains bill language in 
General Provisions, Department of the Interior, which permits 
the Service to purchase property within the boundaries of the 
Chickamauga and Chattanooga National Military Park with 
appropriated funds or through donation or exchange. Also 
included is language which directs that settlement funds for 
the acquisition of the Gherini Ranch in California be derived 
from the Claims and Judgments account within the Department of 
Justice.
      The $500,000 provided for Santa Monica Mountains is to be 
used exclusively for the backbone trail and must be matched 
with non-Federal dollars.
      The Committees are modifying the reprogramming guidelines 
regarding land exchanges. The agencies must submit proposed 
land exchanges in excess of $2,000,000 to the Committees on 
Appropriations for a 30 day period of review.

                       Administrative Provisions

      The conference agreement prohibits the closure of the 
Mount McKinley airstrip in Alaska as proposed by the Senate. 
The House had no similar provision.
      The Committees further note that the Secretary has 
provided assurances that the McKinley airstrip will not be 
closed during 1999, and that no such action will be taken 
without further consultation with the Committees. The 
Committees strongly encourage the Park Service to work closely 
with the aviation community and other interested parties to 
ensure that adequate air access to the Park is maintained.

                    United States Geological Survey

                 Surveys, Investigations, and Research

      The conference agreement provides $797,896,000 for 
surveys, investigations, and research instead of $774,838,000 
as proposed by the House and $772,115,000 as proposed by the 
Senate.
      Increases above the House include $500,000 for Eros Data 
Center data archiving, $2,000,000 for the minerals at risk 
program, $250,000 for the Hawaii Volcanoes Observatory, 
$100,000 for a water monitoring well in Hawaii, $250,000 for 
endocrine disruption studies, $500,000 for aquatic systems 
research, $1,000,000 for Federal lands research, $250,000 for a 
heating and cooling system at the Leetown Science Center, and 
$1,000,000 for clean water and watershed restoration.
      Decreases below the House include $1,921,000 for the 
national mapping program as part of the reinventing government 
initiative, $1,219,000 for the water resources program as part 
of the reinventing government initiative, $750,000 for the 
national water quality assessment program, and $500,000 for the 
Federal/State cooperative program.
      The Committees have earmarked $160,221,000 for biological 
research instead of $150,871,000 as proposed by the House and 
$154,581,000 as proposed by the Senate. Within the amount, the 
Committees have provided $6,600,000 for research activities in 
the North Pacific Ocean by way of a grant to the University of 
Alaska. These funds are in lieu of funds proposed to be 
provided to the National Oceanic and Atmospheric Administration 
under Title VI of the Senate bill.
      Other increases above the House mark for the biological 
research program include $500,000 for fish passage research; 
$1,000,000 for research on watershed restoration and related 
issues including fish health in the Chesapeake Bay, the role of 
contaminants in restoration of habitats suitable for self-
sustaining fisheries, and restoration of acid mine drainage 
water; and $250,000 to plan and design a new heating and 
cooling system for the National Fish Health Research Laboratory 
at the Leetown Science Center. The Committees understand that 
the maintenance needs of the Survey are being included as part 
of the Department's 5-year maintenance planning effort and 
encourage the Survey to reflect these needs in future budget 
requests.
      In addition to the increases stated above, the Committees 
have provided the following additional funds for clean water 
and fixed costs: (1) $5,500,000 for the national water quality 
assessment program, (2) $2,000,000 for the Federal/State 
cooperative program, (3) $1,500,000 for hydrologic network and 
analysis, (4) $1,000,000 for biological research and 
monitoring, and (5) $5,000,000 in undistributed fixed costs.
      The Committees have provided additional funds for the 
cooperative research units and direct the Survey to use this 
money to fill as many personnel vacancies as possible.
      The Committees are concerned with reports they have 
received that suggest USGS is providing or seeking to provide a 
variety of commercial services to Federal and non-Federal 
entities in direct competition with the private sector. The 
Senate Committee on Governmental Affairs is attempting to 
address this issue on a broader scale as part of a government 
reform package being negotiated with the Administration. In the 
meantime, the Committees encourage the Survey to use the 
services of the private sector in the conduct of its activities 
wherever feasible, cost effective, and consistent with the 
principles pertaining to the effective performance of 
governmental functions. The Survey should share with the House 
and Senate Committees on Appropriations information regarding 
its past, present, and future efforts to pursue opportunities 
to use the capabilities of the private sector.

                       Administrative Provisions

      The Committees have included bill language clarifying the 
status of official travel for student employees.

                      Minerals Management Service

                Royalty and Offshore Minerals Management

      The conference agreement provides $117,902,000 for 
royalty and offshore minerals management instead of 
$116,402,000 as proposed by the House and $117,275,000 as 
proposed by the Senate.
      Increases above the House include $600,000 for the 
Mississippi Marine Mineral Resource Center and $900,000 to the 
Offshore Technology Resource Center.
      The Committees have provided $900,000 to the Offshore 
Technology Resource Center at Texas A&M University for high-
priority offshore research associated with deepwater 
development. While the Committees support these research 
efforts, they have provided these funds with the understanding 
the total Federal contribution to this cooperative effort among 
the Federal government, industry, and the University will be 
kept to a minimum.
      The Committees encourage MMS to maintain its current 
financial terms for deepwater leases for the remainder of the 
incentive period.
      Language has been included under General Provisions, 
Department of the Interior, providing that royalty payments 
made by small refiners under the small refiner royalty-in-kind 
program represent payment in full and are a refiner's total 
obligation to the United States.

                           Oil Spill Research

      The conference agreement provides $6,118,000 for oil 
spill research as proposed by both the House and the Senate.

          Office of Surface Mining Reclamation and Enforcement

                       Regulation and Technology

      The conference agreement provides a total of $93,353,000 
for regulation and technology instead of $93,349,000 as 
proposed by the House and $92,909,000 as proposed by the 
Senate. Funding adheres to the House proposal except that the 
Senate proposed funding level prevails for the environmental 
restoration activity.

                    Abandoned Mine Reclamation Fund

      The conference agreement provides $185,416,000 for the 
abandoned mine reclamation fund as proposed by the House 
instead of $183,057,000 as proposed by the Senate. Funding for 
the activities should adhere to the House report. The 
conference agreement provides $7,000,000 for the Appalachian 
Clean Streams Initiative as proposed by the House and no funds 
are provided for a new western mine lands initiative. The 
Appalachian Clean Streams program has had initial success, but 
it is premature to dilute this effort and the limited resources 
available for a nation-wide program when the problems in 
Appalachia remain so substantial.

                        Bureau of Indian Affairs

                      Operation of Indian Programs

      The conference agreement provides $1,584,124,000 for the 
operation of Indian programs instead of $1,558,425,000 as 
proposed by the House and $1,544,695,000 as proposed by the 
Senate.
      Increases above the House include $1,584,000 for ISEP 
formula funds, $500,000 for ISEP adjustments, $1,831,000 for 
student transportation, $1,000,000 for tribally controlled 
community colleges, $2,000,000 for probate backlog, $1,273,000 
for environmental cleanup, $2,500,000 for ADP central program 
management, $700,000 for land records improvement, $500,000 for 
the United Tribes Technical College, $1,045,000 for 
uncontrollable costs in special programs and pooled overhead, 
$70,732,000 for the law enforcement program is transferred from 
tribal priority allocations to special programs and pooled 
overhead; $10,000,000 for the law enforcement initiative, and 
$7,000,000 in undistributed fixed costs.
      Decreases below the House include $1,359,000 for 
uncontrollable costs in tribal priority allocations, $2,000,000 
for welfare assistance, $70,288,000 for the transfer of law 
enforcement activities to special programs and pooled overhead, 
$250,000 for fishing access sites, $54,000 for uncontrollable 
costs in non-recurring programs, $427,000 for Gila River Farms, 
$91,000 for uncontrollable costs in area office operations, and 
$500,000 for GSA rentals. In addition, no new funds have been 
provided for small and needy tribes.
      The Committees have earmarked $100,000 within available 
funds for the Indian Arts and Crafts Board to address 
enforcement issues mandated in the Indian Arts and Crafts Act 
of 1990.
      The Committees have agreed not to include bill language 
or funding for adult care institutions.
      The Committees are concerned that certain funds 
appropriated to support trust system improvements will be used 
for other purposes by tribal entities or BIA agency offices. 
Consequently, the Committees direct that no funding for non-
recurring programs, probate backlog reductions, and for area 
office operations, land records improvements, be transferred 
into the base budget of any tribe.
      The Committees are also concerned that funds in tribal 
priority allocations, trust services, real estate services and 
real estate appraisals could be moved to other TPA programs 
under current reprogramming guidelines. This action would 
frustrate the intention to support trust system improvements. 
Therefore, real estate services and real estate appraisals 
funding are not to be reprogrammed for other purposes without 
Committee approval, including funds within self-governance 
compacts and the consolidated tribal government program budget 
elements.
      The Committees have agreed to consolidate all law 
enforcement activities in the amount of $94,234,000 under 
special programs and pooled overhead. The Committees further 
direct the BIA not to transfer or reprogram any of these funds 
without the express approval of the Committees.
      The Committees have included language that allows the 
Bureau of Indian Affairs to deal with the United Keetoowah Band 
of Cherokees and the Delaware Band of Indians on issues of 
funding, but prevents these tribes from establishing trust 
holdings within the Cherokee's original boundaries without 
Cherokee consultation.
      The Committees are concerned with the lack of progress 
made by the Bureau and the Department in the assessment of 
Indian agriculture and therefore direct the Bureau to complete 
by no later than February 1, 1999 the study of Indian 
agriculture through the implementation of the American Indian 
Agriculture Resource Management Act.
      The Committees have included bill language under Title I 
General Provisions requiring the Bureau of Indian Affairs to 
submit a report to Congress by April 1, 1999 that includes 
recommendations and alternatives to fund tribal priority 
allocations (TPA) in future years. In developing its 
recommendations, the Bureau is to consider relative tribal need 
and tribal revenues, excluding certain payments made by the 
Federal government and certain other income. The Bureau is also 
directed to consider the financial obligations of a tribe, its 
compliance with the Single Audit Act and the Indian Gaming 
Regulatory Act, and its compact with its state. The report 
should contain proposed methods to acquire data necessary to 
the development of TPA funding recommendations that may not be 
available to the Bureau currently. Any tribe's voluntary return 
of appropriations for distribution to other tribes will not 
alter the relationship that exists between the tribe and the 
Federal government or any obligation between the two. The 
Committees have provided $250,000 for the TPA work group to 
help develop this new distribution methodology.

                              Construction

      The conference agreement provides $123,421,000 for 
construction as proposed by the Senate instead of $121,695,000 
as proposed by the House.
      Changes to the House include an increase of $1,821,000 
for education facilities improvement and repair, and a decrease 
of $95,000 for uncontrollable costs.

 Indian Land and Water Claim Settlements and Miscellaneous Payments to 
                                Indians

      The conference agreement provides $28,882,000 for Indian 
land and water claim settlements and miscellaneous payments to 
Indians as proposed by the Senate instead of $28,396,000 as 
proposed by the House.
      Changes to the House include an increase of $500,000 for 
Aleutian Pribilof repairs, and a decrease of $14,000 for 
uncontrollable costs.

                 Indian Guaranteed Loan Program Account

      The conference agreement provides $5,001,000 for the 
Indian guaranteed loan program as proposed by both the House 
and Senate.

                    indian land consolidation pilot

      The Committees have provided $5,000,000 to establish a 
pilot program to address the serious trust problems associated 
with fractionated ownership of Indian lands. The goal of this 
pilot program is to consolidate ownership of fractionated 
lands, maximize the economic benefits and utilization of these 
lands, and to improve the Federal governments ability to 
administer and manage trust lands.

                          Departmental Offices

                            Insular Affairs

                       Assistance to Territories

      The conference agreement provides $66,175,000 for 
assistance to territories instead of $64,175,000 as proposed by 
the House and $66,045,000 as proposed by the Senate. The 
conference agreement funding adheres to the House proposal 
except it does not include the $2,000,000 general reduction. 
There is no reduction to the Northern Marianas covenant grant 
mandatory funding, which remains at $27,720,000 as proposed by 
both the House and the Senate. The conference agreement concurs 
with the Senate language regarding the withholding of American 
Samoa construction funds in the amount of $2,000,000 until 
issues associated with unpaid off-island medical bills are 
resolved. The conference agreement does not concur with the 
Senate language which provides that these funds may ultimately 
be used to make payment toward satisfying the unpaid medical 
bills. In addition, the Committees direct the General 
Accounting Office to complete analyses and reports concerning 
the CNMI. These reports should be submitted to the Congress by 
August 30, 1999. The conference agreement concurs with Senate 
direction that a portion of the CNMI immigration initiative 
funds be used to establish an ombudsman office, and the 
agreement further directs that this office be operated in an 
independent, impartial manner.

                      Compact of Free Association

      The conference agreement provides $20,930,000 for the 
Compact of Free Association instead of $20,545,000 as proposed 
by the House and $20,830,000 proposed by the Senate. Funding 
follows the Senate recommendation except that the supplemental 
food program for Enewetak support is $25,000 below the House 
proposed level.

                        Departmental Management

                         Salaries and Expenses

      The conference agreement provides $64,686,000 for 
Departmental Management instead of $58,286,000 as proposed by 
the House and $60,496,000 as proposed by the Senate. The 
Committees agree to the following distribution of funds:

Departmental direction..................................     $11,579,000
Management and coordination.............................      21,598,000
Hearings and appeals....................................       7,213,000
Central services........................................      18,485,000
Bureau of Mines workers compensation/unemployment.......         811,000
Glacier Bay Fishing Buyout..............................       5,000,000

      The Committees do not agree that the Department of the 
Interior should reduce by two the number of special assistants 
to the Secretary positions.
      The Committees have included bill language in Title I 
General Provisions which permit refunds or rebates received on 
an on-going basis from a credit card service provider under the 
Department of the Interior's charge card program to be 
deposited to and retained without fiscal year limitation in the 
Departmental Working Capital Fund established under 43 U.S.C. 
Sec. 1467 and used to fund management initiatives of general 
benefit to the Interior's bureaus and offices as determined by 
the Secretary or his designee.
      The Committees have provided $5,000,000 for fishing 
buyouts in Glacier Bay National Park.
      Also included in Title I General Provisions is language 
which clarifies Congress' intent regarding receipts from all 
surplus property sales in Florida, which should be deposited 
into the Everglades Restoration Account for the purposes of 
conducting ecosystem restoration activities in South Florida.

                        Office of the Solicitor

                         Salaries and Expenses

      The conference agreement provides $36,784,000 for the 
Office of the Solicitor instead of $37,304,000 as proposed by 
the House and $36,464,000 as proposed by the Senate. The 
difference is a reduction of $520,000 from the House level for 
general administration.

                      Office of Inspector General

                         Salaries and Expenses

      The conference agreement provides $25,486,000 for the 
Office of Inspector General as proposed by the Senate instead 
of $24,499,000 as proposed by the House.

             Office of Special Trustee for American Indians

                         Federal Trust Programs

      The conference agreement provides $39,499,000 for Federal 
trust programs as proposed by the House instead of $38,000,000 
as proposed by the Senate.
      The Committees have included bill language proposed by 
the Senate and preferred by the Administration, modifying House 
language by requiring annual statements for small account 
holders.
      The Committees have provided bill language under Title I 
General Provisions that would provide increased flexibility to 
meet potential unfunded trust management improvement needs. The 
language would authorize the use of current year and prior year 
unobligated funds available under all BIA and OST 
appropriations accounts for Indian trust management 
improvements pursuant to the Trust Management Project High 
Level Implementation Plan. The Department will be required to 
follow Committee reprogramming procedures. Adherence to such 
reprogramming procedures is required to ensure the allocation 
of funding by the Committees is preserved, while allowing any 
available OST and BIA funds to be reprogrammed from areas where 
they may be no longer necessary or of lower priority due to 
changed circumstances.

           Natural Resource Damage Assessment and Restoration

                Natural Resource Damage Assessment Fund

      The conference agreement provides $4,492,000 for the 
natural resource damage assessment fund as proposed by the 
House instead of $5,228,000 as proposed by the Senate. The 
conference agreement also corrects an error in the House bill 
as proposed by the Senate to change the word ``obligated'' to 
``unobligated''.

            Management of Federal Lands for Subsistence Uses

           Subsistence Management, Department of the Interior

      The conference agreement provides $8,000,000 for 
subsistence management, Department of the Interior. Neither the 
House nor the Senate provided funding for this purpose. This 
new account and a similar account in the Forest Service provide 
funds to implement and enforce certain Federal regulations 
dealing with preference for subsistence uses, including those 
dealing with fish and wildlife, on navigable rivers in Alaska 
that are subject to Federal reserved water rights. The 
conditions associated with the availability and use of these 
funds are contained in section 339 of this Act.

             General Provisions--Department of the Interior

      Sections 101 through 114 included in the conference 
agreement are identical to those contained in both the House 
and Senate bills.
      Section 115 prohibits the National Park Service from 
reducing recreation fees for non-local travel through any park 
unit as proposed by the House. The Senate had no similar 
provision.
      Section 116 modifies language proposed by the House and 
the Senate providing limited authority for voluntary separation 
incentive payments to employees of the National Park Service's 
Denver Service Center. The modification extends this authority 
to employees of the Presidio and Golden Gate National 
Recreation Area, CA as well.
      Section 117 provides authority to the Secretary to lease 
space to non-Federal entities and to collect and retain fees 
for the working capital fund as proposed by both the House and 
the Senate.
      Section 118 retains House language designating the main 
trail in the Delaware Water Gap National Recreation Area as the 
Joseph M. McDade Trail. The Senate had no similar provision.
      Section 119 provides for the protection of the Huron 
Cemetery in Kansas for religious and cultural uses and as a 
burial ground as proposed by the Senate. The House had no 
similar provision.
      Section 120 modifies a Senate provision limiting the 
issuance of regulations dealing with hardrock mining to reduce 
the term of a study to be accomplished by the National Academy 
of Sciences. Under the modified language the report will be due 
by July 31, 1999. Provisions requiring consultation have been 
eliminated from the Senate language. The Committees expect the 
National Academy of Sciences to assure thatconsultation occurs 
with relevant state and Federal authorities in the process of 
conducting the study. Additional changes have been made in the 
provision to eliminate the requirement for an interim report. The 
provision has been further modified to specify that no promulgation of 
final regulations may occur prior to September 30, 1999.
      Section 121 limits overhead charges for the United States 
Fish and Wildlife Service on funds transferred from the Bureau 
of Reclamation for implementation of the Upper Colorado River 
Endangered Fish Recovery Program and the San Juan River Basin 
Program to no more than 50 percent of the biennially determined 
full indirect cost recovery rate. The Senate proposed a three 
percent limitation on the total amounts transferred. The House 
had no similar provision.
      Section 122 modifies a Senate provision requiring the 
Bureau of Land Management to conduct a section 3(e) 
determination under the Alaska Native Claims Settlement Act to 
establish proper disposition of a Nome, Alaska property. The 
land will be conveyed to Kawerak, Inc. as proposed by the 
Senate if and only if BLM's determination concludes that the 
Sitnasuak Native Corporation is not entitled to the land in 
question. The House had no similar provision.
      Section 123 modifies Senate provision imposing a 
moratorium on new regulations affecting commercial and 
subsistence fishing in Glacier Bay National Park, AK.
      The Committees have agreed to modify language proposed by 
the Senate regarding commercial and subsistence fishing in 
Glacier Bay National Park. The Service is directed to extend 
the comment period on the pending regulations (62 Fed. Reg. 
18,547) (April 16, 1997) until January 15, 1999, modify the 
draft regulations to conform to the fiscal year 1999 Interior 
Appropriations Bill language and publish the changes in the 
final regulations. Regulations may be required to implement the 
compensation plan under subsection (b) of this provision. 
Finally, it is expected that local residents in close proximity 
to the park (e.g. Hoonah) will continue to be allowed to fish 
for personal use (not barter or sale).
      Section 124 allows for the continuation of grazing 
permits until National Environmental Policy Act work is 
completed as proposed by the Senate. The House had no similar 
provision.
      Section 125 provides for the conveyance of specified land 
to the town of Pahrump, Nevada for public use as proposed in 
Senate floor action. The House had no similar provision.
      The Committees have modified language dealing with a land 
exchange in the Izembek National Wildlife Refuge to delete the 
easement for a road through the refuge. This issue is addressed 
in section 353.
      Section 126 specifies that Special Federal Aviation 
Regulation No. 78, regarding commerical air tour operators in 
the vicinity of the Rocky Mountain National Park, as published 
in the Federal Register on January 8, 1997, shall remain in 
effect until otherwise provided by an Act of Congress.
      Section 127 retains Senate language prohibiting the 
Secretary of the Interior from purchasing land in Alaska 
without first attempting to acquire such lands through exchange 
of unreserved public lands. The House had no similar provision.
      Section 128 retains Senate language establishing the 
Charleston National Commemorative Site in Arkansas. The House 
had no similar provision.
      Section 129 modifies Senate language requiring the Bureau 
of Indian Affairs to provide alternative recommendations on the 
distribution of tribal priority allocations funding that takes 
into account both tribal needs and tribal revenues. The 
modification was adopted in Senate floor action.
      Section 130 modifies a provision proposed by the Senate 
to prohibit the Department of the Interior from issuing 
regulations relating to the valuation of crude oil for royalty 
purposes in fiscal year 1999. The modification extends the 
moratorium until June 1, 1999.
      Section 131 modifies a provision proposed in Senate floor 
action to authorize funds for matching grants to States for the 
acquisition of Civil War battlefields. The conference agreement 
authorizes up to $8,000,000 for such grants, and requires that 
funds appropriated for this purpose be matched on a two to one 
basis. The House had no similar provision.
      Section 132 makes a technical correction allowing two 
parcels of land in Wyoming to be available for leasing for oil 
and gas development and exploration as proposed in Senate floor 
action. The House had no similar provision.
      Section 133 amends the Tribal Self-Governance Act to 
require repayment of misused self-governance funds thereby 
providing consistency between self-governance compacts and 
self-determination contracts.
      Section 134 makes a technical correction as proposed in 
Senate floor action to remove Edisto Island in South Carolina 
from the Coastal Barrier Resources System. Other removals from 
the system are addressed under the United States Fish and 
Wildlife Service and Title III--General Provisions.
      Section 135 provides for a land exchange for Katmai 
National Park in Alaska as proposed in Senate floor action.
      Section 136 permits the Bureau of Land Management to 
enter into watershed restoration agreements with both public 
and private interests.
      Section 137 prohibits the Department of the Interior from 
issuing regulations relating to Indian gaming prior to March 
31, 1999.
      Section 138 permits the National Park Service to purchase 
property within the boundaries of the Chickamauga and 
Chattanooga National Military Park with appropriated funds or 
through donation or exchange.
      Section 139 provides that royalty payments made by small 
refiners under the small refiner royalty-in-kind program 
represent payment in full and are the refiner's total 
obligation to the United States.
      Section 140 permits the remaining $250,000 appropriated 
as part of Public Law 105-83 for an environmental study of a 
site for an interpretive center along the Blue Ridge Parkway 
near Roanoke, Virginia to be used for the construction of an 
interpretive center outside the boundaries of the Blue Ridge 
Parkway.
      Section 141 includes language ensuring that property 
owners included within the boundaries of the Indiana Dunes 
National Lakeshore at the time of the 1992 Act that expanded 
the park, are afforded the same opportunities to obtain fixed-
term Reservations of Use and Occupancy as homeowners that were 
incorporated in previous expansions.
      Section 142 directs that payments for the purchase of the 
Gherini Ranch within the Channel Islands National Park be 
allocated from the Justice Department's Claims and Judgments 
account.
      Section 143 renames the Marsh-Billings National Historic 
Park as the Marsh-Billings-Rockefeller National Historic Park.
      Section 144 includes language which permits refunds or 
rebates received from a credit card services provider under the 
Department of the Interior's charge card program to be 
deposited to and retained without fiscal year limitation in the 
Department's Working Capital Fund to finance initiatives of 
general benefit to the bureaus.
      Section 145 names the visitor center at Santa Monica 
Mountains National Recreation Area, CA the ``Anthony C. 
Beilenson Visitor Center''.
      Section 146 renames the Redwood Information Center in 
Orick, CA as the ``Thomas H. Kuchel Visitor Center''.
      Section 147 authorizes the transfer of current year and 
prior year balances between the Bureau of Indian Affairs and 
the Office of Special Trustee for American Indians to meet 
unfunded trust management improvement needs.
      Section 148 clarifies Congressional intent regarding the 
use of receipts from surplus property sales in Florida for 
conducting ecosystem restoration activities in South Florida.
      Section 149 provides an easement to the City and Borough 
of Juneau and the National Marine Fisheries Service across a 
60-acre parcel of land owned by the National Park Service near 
Juneau, Alaska. The National Park Service shall retain a right 
to use the easement to access its lands.
      Section 150 exempts all properties administered by the 
Park Service at Fort Baker, Golden Gate NRA from certain taxes 
and special assessments of any kind by the State of California 
and its political subdivisions, including the County of Marin 
and the city of Sausalito. This provision does not apply to 
sales taxes.
      Section 151 authorizes the Secretary of the Interior to 
negotiate and enter into agreements and leases with entities 
for property within the Fort Baker site which is part of the 
Golden Gate NRA. The proceeds of the agreements and leases 
shall be retained by the Secretary and made available, without 
further appropriations, for the preservation and operation of 
the site.
      Section 152 deems the holder of a certain concession 
contract at Katmai NP as being engaged in adequately providing 
visitor services pursuant to section 1307(a) of the Alaska 
National Interest Lands Conservation Act.
      The conference agreement deletes section 121 of the 
Senate bill relating to the establishment of a hotshot crew in 
southern Alaska.
      The conference agreement deletes section 122 included in 
the Senate bill. The Committees are very concerned that any 
drilling activities off the coast of North Carolina occur only 
after thorough assessment and compliance with all State and 
Federal permitting requirements, including all State coastal 
consistency determinations pursuant to the Coastal Zone 
Management Act. The Committees expect the Minerals Management 
Service to closely monitor lease activity in this area during 
fiscal year 1999 and provide a report to the Committees 
periodically should permitting activities occur.
      The conference agreement does not include bill language 
proposed by the Senate prohibiting the Bureau of Indian Affairs 
and the Department of the Interior from using funds provided 
under this Act to transfer land in Scott County, Minnesota, 
into trust. The Committees agreed not to include this language 
only with the assertion from the Bureau of Indian Affairs and 
the Department that a decision on any trust application on the 
land at issue would not be made in fiscal year 1999. With the 
understanding that land in Scott County, Minnesota will not be 
transferred into trust in fiscal year 1999, the Committees urge 
the State, tribe, local government, and Department to work out 
an agreement regarding the trust application and use of the 
land.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             Forest Service

                     forest and rangeland research

      The conference agreement provides $197,444,000 for forest 
and rangeland research as proposed by the House instead of 
$212,927,000 as proposed by the Senate. The agreement does not 
include funding for general administration as proposed by the 
Senate; this funding remains in the national forest system 
appropriation as in past years. Program changes to the House 
recommended funding include increases of $500,000 for wildland 
ecosystem health restoration in the southwest; $500,000 for 
CROP type research in those areas where it would be most 
usefully implemented; $300,000 for the Fairbanks, AK 
laboratory; $300,000 for the streamside studies, landscape 
ecology project in the state of Washington as described in the 
Senate report; $215,000 for termiticide research in MS; and 
$200,000 for spartina grass research in Puget Sound. Reductions 
from the House proposed funding include $1,000,000 for Forest 
Inventory and Analysis and $1,015,000 for fixed cost support. 
The Committees note that the overall funding for Forest 
Inventory and Analysis is $6,000,000 above the 1998 funding 
level. This large increase should be used as directed in the 
House and Senate reports and focused on increasing the FIA 
program's ability to conduct annualized inventories. The 
Committees direct that funding for the Bent Creek and Coweeta, 
NC, research follow the budget request.
      The conference agreement concurs with the Senate language 
directing the Forest Service to place no less than five full 
time employees in Sitka, AK to establish and operate a 
harvesting and wood utilization laboratory. The Committees 
further direct the agency not to reduce ongoing activities at 
the Forest Products Laboratory in Madison as a result of 
establishment of the facility in Alaska. The conference 
agreement does not include the language proposed by the Senate 
to reduce programs not directly related to enhancing forest and 
rangeland productivity by $10,000,000. However, the Committees 
expect the Forest Service to diligently monitor project 
selection and ongoing programs to ensure that efforts are 
directly related to the Forest Service mission, yield maximum 
benefits for costs involved, and result in practical 
applications. The Committees are concerned about the agency's 
process of funding an important monitoring and study project in 
the Pacific Northwest to develop old-growth characteristics in 
mature second-growth stands. Although the Committees have 
expressed concern about the need for these funds to be included 
in the forest and rangeland research appropriation in the 
annual budget request, this did not occur in fiscal year 1998 
nor was it reflected in the fiscal year 1999 budget request. 
The Committees direct the Forest Service to assure that the 
fiscal year 2000 budget request includes these funds within the 
forest and rangeland research appropriation.

                       state and private forestry

      The conference agreement provides $170,722,000 for State 
and private forestry instead of $156,167,000 as proposed by the 
House and $165,091,000 as proposed by the Senate. The agreement 
does not include funding for general administration as proposed 
by the Senate; this funding remains in the national forest 
system appropriation as in past years. Funding for forest 
health management and cooperative fire protection adheres to 
the House recommended levels except that an increase of 
$150,000 for the Vermont forest cooperative is included in the 
cooperative lands forest health management activity. The Forest 
Service is encouraged to consider assisting the Vermont fire 
task force work with rural communities to install dry hydrants. 
Funding for urban and community forestry and forest stewardship 
adheres to the House proposed program levels with the addition 
of $100,000 for the Chesapeake Bay program as proposed by the 
Senate and $500,000 for Asian longhorn beetle eradication. The 
conference agreement increases the House proposed funding for 
the forest legacyprogram by $5,000,000. The conference 
agreement concurs with the House action to provide no funding for the 
stewardship incentives program. The limited funding resources available 
have been directed to the forest stewardship and forest legacy 
programs. The Committees note that benefits accomplished through the 
forest stewardship program adequately address the interests represented 
by the stewardship incentives program. Given the shortage of Federal 
resources for forestry activities, the Committees encourage the Federal 
cooperative role to focus on professional forestry technical assistance 
rather than direct payments for small field projects which should be a 
local or State responsibility.
      The conference agreement concurs with the House direction 
to create a new allocation method for the urban and community 
forestry program; the new allocation criteria should focus on 
program needs and past program accomplishments, and shall not 
include equal base funding for all individual states or 
territories. The conference agreement does not concur with the 
House direction to exclude territories from base funding 
calculations. The Committees expect the Forest Service to work 
with the Animal and Plant Health Inspection Service, the State 
of Illinois and the City of Chicago to survey and help 
eradicate the Asian longhorn beetle in the Chicago area, and to 
assist in replanting lost trees.
      The Committees agree that the Forest Service may allocate 
remaining fiscal year 1998 funds directed for the Alaska spruce 
beetle task force assessment so long as the funds are used for 
the highest priority, on-the-ground projects throughout the 
State aimed at treating fire danger and vegetation mapping. 
However, prior to such release, the Committees direct the 
Forest Service to submit a proposal in accordance with 
reprogramming guidelines which specifically identifies the 
projects to be undertaken and the estimated costs of such 
projects. The Committees do not want these funds to be used for 
bureaucratic efforts such as brochures, public education, or 
the establishment of any long-term coordinator positions.
      Funds should be distributed as follows for the economic 
action program and Pacific Northwest assistance:

Economic recovery.......................................      $3,925,000
Rural development through forestry......................       5,000,000
Forest product conservation & recycling.................         950,000
Wood in transportation..................................       1,200,000
Columbia River Gorge county payments....................         280,000
Hawaii forestry workers training........................         250,000
Skamania County, WA land exchange assistance............         200,000
Ketchikan, AK veneer study..............................       2,000,000
Taos, NM erosion control................................       1,000,000
Princeton, WV hardwood technology center................       2,500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total economic action programs....................      17,305,000
Gray's Harbor, WA PNW assistance........................       3,000,000
Other Pacific Northwest assistance......................       6,000,000

      The economic recovery program funding includes $500,000 
for the Four Corners Sustainable forestry initiative as 
proposed by the House. The Committees have provided $5,000,000 
for the rural development through forestry program, the same 
level as was provided in fiscal year 1998. The Committees agree 
with the Senate language concerning the preparation of reports 
by the Forest Service regarding its actions to restructure the 
Hardwoods Technology Center in Princeton, WV, except that such 
reports shall be provided on an annual basis.

                         National Forest System

      The conference agreement provides $1,298,570,000 for the 
national forest system instead of $1,231,421,000 as proposed by 
the House and $1,129,098,000 as proposed by the Senate. The 
conference agreement does not spread funding for general 
administration among the programs as proposed by the Senate; 
this funding remains a separate activity within the national 
forest system appropriation as in past years. Further direction 
concerning general administration and indirect expenses is 
provided under administrative provisions. The conference 
agreement includes all of the program specific earmarks for the 
Monongahela National Forest, WV as proposed by the Senate.
      The conference agreement provides $10,500,000 for the 
Alaska Region, in addition to the normal base program, in 
Forestland Management funds. This increase is for expenses 
directly related to timber sale preparation to facilitate a 
reliable federal timber supply, and transition to value added 
processing for the forest products industry in southeast 
Alaska, consistent with all applicable environmental laws. The 
Committees encourage the Secretary to proceed with discussions 
with State and local government officials, industry and other 
groups to explore potential actions the Department can take to 
support local development such as through a veneer plant and 
value-added facilities in Ketchikan and other parts of 
southeast Alaska. In addition, $2,000,000 is also provided in 
the reconstruction and construction account above the normal 
base program for these efforts.
      Funds should be distributed as follows:

Land management planning................................     $40,000,000
Inventory and monitoring................................      80,714,000
Recreation management...................................     144,953,000
Wilderness management...................................      29,584,000
Heritage resources......................................      13,050,000
Wildlife habitat management.............................      32,097,000
Inland fish habitat management..........................      19,017,000
Anadromous fish habitat management......................      22,714,000
TE&S species habitat management.........................      26,548,000
Grazing management......................................      28,517,000
Rangeland vegetation management.........................      28,533,000
Timber sales management.................................     226,900,000
Forestland vegetation management........................      58,300,000
Soil, water and air operations..........................      25,932,000
Watershed improvements..................................      30,165,000
Minerals and geology management.........................      37,050,000
Real estate management..................................      46,133,000
Land line location......................................      15,006,000
Facility maintenance, non-recreation....................      27,654,000
Facility maintenance, recreation........................      24,570,000
Trail maintenance.......................................      18,445,000
Law enforcement operations..............................      66,288,000
General administration..................................     256,400,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, NFS........................................   1,298,570,000

      The Committees agree to the following:
      1. Land management planning funding includes $2,000,000 
as described by the House to complete the environmental impact 
statement (EIS) for the Sierra Nevada framework for 
conservation and collaboration by July 31, 1999. The Committees 
strongly encourage the Forest Service to offer the State of 
California an opportunity to participate in development of the 
EIS as a co-lead agency so long as this does not expand the 
scope of the EIS as it has been defined by the Forest Service. 
No specific funding level is provided for the Committee of 
Scientists planning effort or the White Mountain NF planning 
effort as was suggested by the Senate, but the Committees 
stress the need for the Administration to establish rapidly 
planning regulations and proceed with forest planning. This 
issue is further addressed in Title III. Although the 
Committees agree that participation by the State of Alaska in 
monitoring implementation of the Tongass Land Management Plan 
can be worthwhile, the conference agreement does not concur 
with the Senate language directing the Forest Service to 
provide $550,000 to the State to fund this participation.
      2. Recreation management funding includes the Cradle of 
Forestry, NC project and national scenic and historic trails 
operations as proposed by the House but does not include the 
increase to the eastern region base funding proposed by the 
Senate. The Committees have included $600,000 in the recreation 
management activity for Midewin National Tallgrass Prairie 
planning and design which was included in the construction 
appropriation by the House and, in addition, the Committees 
agree that the overall funding for operations at the Midewin 
NTP should remain at the 1998 level.
      3. In order to clarify the dates for which reports 
analyzing the recreation fee demonstration program are due, the 
Committees suggest that by January 31 of each year the program 
is in existence the affected agencies should provide a 
consolidated report on the annual accomplishments for the 
preceding fiscal year and any recommended improvements to the 
program. At such time as the demonstration isterminated, the 
final report should also include a comprehensive evaluation of the 
entirety of the program.
      4. The Forest Service review of wilderness recreation 
policies should consider both the need to minimize, restore and 
contain recreation impacts, particularly in high usage areas, 
and the need to minimize impacts in more remote and less used 
areas, including maintenance of solitude as well as mitigation 
of adverse impacts on vegetation, soil and water, and wildlife 
in these areas.
      5. Rangeland vegetation management includes the House 
proposed funding level for the noxious and exotic plant program 
which includes $400,000 for activities at the Okanogan and 
Colville National Forests as described in the Senate report.
      6. Forestland management includes $5,000,000 to implement 
the Quincy Library Group legislation.
      7. Timber sales management includes $2,000,000 for the 
aspen program on Colorado national forests. The Committees do 
not concur with the Senate language which specifies that these 
funds are to be used to attain the full allowable sale quantity 
on these national forests.
      8. The conference agreement concurs with House language 
directing the agency to offer 3.6 billion board feet, instead 
of Senate language directing that 3.6 billion board feet be 
sold. However, the Committees understand that unit costs are 
lower in regions where accomplishment reporting is based on 
volume sold rather than offered. Accordingly, the Committees 
direct the agency to provide a report to the Committees, no 
later than June 30, 1999 which examines unit costs based on 
accomplishment reporting for volume sold rather than offered. 
The agency is to include recommendations in the report for 
future reporting of timber sale volume accomplishment.
      9. With regard to timber scaling, the Committees agree 
that the Forest Service should continue its efforts to have its 
regions determine the best mix of timber measurement methods to 
be used in each region based on cost effectiveness and 
protection of Federal interests. The Committees expect that 
this direction will not change the use of tree measurement 
where already implemented unless there is documentation that 
scaling would improve cost effectiveness and protection of 
Federal resources and assets. The Committees also understand 
that the Forest Service believes it is preferable to use pre-
measured sales to determine payments for small diameter 
material, however the agency is encouraged to use sample weight 
scaling where cost effective.
      10. Law enforcement operations funding includes increases 
above base funding levels, as follows: $500,000 for counter 
drug operations on the Daniel Boone National Forest, KY and 
$250,000 for border control assistance in California.
      11. The Committees remain concerned about the lack of 
public service and responsiveness to community needs in Region 
3 and the Coronado National Forest. This was exemplified by the 
closure, without adequate notice or offer for suitable 
replacement, of the target range in Sabino Canyon. Such 
incidents have influenced the Committees to see the need to 
maintain tight control of administrative expenses and indirect 
costs.
      12. Bill language is included as proposed by the Senate 
concerning use of NFS funds for minor facility reconstruction 
or construction, but the individual project limit has been 
increased to $150,000.
      13. New bill language is included which allows transfer 
of unobligated NFS road maintenance funds to the construction 
appropriation for road maintenance since the road maintenance 
activity has been transferred out of the NFS appropriation.
      14. Bill language is included in Title III which conveys 
portions of the Wind River Nursery to Skamania County, WA in 
exchange for county lands in the Columbia River Gorge National 
Scenic Area and the Gifford Pinchot National Forest. The Forest 
Service is directed to work in collaboration with the county in 
maintenance and restoration of the Pacific Crest Trail corridor 
associated with the Wind River nursery properties. The corridor 
should be managed to ensure that its use is compatible with 
objectives for the management of the Pacific Crest Trail and 
that the value of the associated site being transferred is not 
diminished. This collaborative effort should enhance both the 
value of the trail and that of associated private lands. The 
Committees also encourage the Forest Service and Skamania 
County to work together toward the development of a business 
plan for the sites affected by this conveyance. Through early 
collaboration, both the Forest Service and the county should be 
able to capitalize on the resources and expertise each brings 
to the development of these properties, ensuring uses 
compatible with the adjacent Federal lands, protecting the 
important research value of the Wind River Experimental Forest 
and the T.T. Munger Research Natural Area, and enhancing the 
economic value of these lands to Skamania County.
      15. The conference agreement does not include funds 
proposed by the House for the Land Between the Lakes National 
Recreation Area. Funds proposed by the House have been 
redistributed in the conference agreement as follows: (1) 
$5,400,000 to cover fixed cost increases is provided in general 
administration, (2) $1,300,000 for clean water activities is 
provided in road maintenance, and (3) $300,000 is provided for 
increased fire operations.
      16. The conference agreement provides increases to 
support clear water activities which includes $4,000,000 for 
rangeland vegetation management, and $3,000,000 for watershed 
improvements.

                        Wildland Fire Management

      The conference agreement provides $662,176,000 for 
wildland fire management instead of $631,737,000 as proposed by 
the House and $689,885,000 as proposed by the Senate. The 
agreement includes $102,000,000 in emergency contingent funds 
and $235,300,000 in other fire operations funds as proposed by 
the Senate (exclusive of general administration). The agreement 
includes $324,876,000 for wildland fire preparedness instead of 
$329,437,000 as proposed by the House and $338,878,000 as 
proposed by the Senate. The agreement does not include funding 
for general administration as proposed by the Senate; this 
funding remains in the national forest system appropriation as 
in past years. The funding agreement includes $500,000 for the 
native American fire cadre on the Black Hills National Forest, 
SD as proposed by the Senate. Hazardous fuel funding includes 
at least $12,000,000 for California, including at least 
$2,000,000 for priority treatments near Lake Tahoe and 
$3,000,000 to implement the Quincy Library Group legislation.
      The Committees are concerned that the Forest Service may 
be wasting valuable forest products when conducting prescribed 
burns in some locations. Accordingly, rather than provide bill 
language in Title III as proposed by the Senate, the Committees 
direct that responsible line officers see to it that prescribed 
burns on lands classified in the national forest land 
management plan as timber base will not consume commercial wood 
products that could be removed in a commercially viable manner. 
The public should be given a chance to comment on prescribed 
burn plans in such situations; this stipulation does not apply 
to any incidental commercial product other than wood fiber or 
trees that should be retained as part of the prescription for 
the area.

                    Reconstruction and Construction

      The conference agreement provides $297,352,000 for 
reconstruction and construction instead of $271,444,000 as 
proposed by the House and $353,840,000 as proposed by the 
Senate. The agreement does not include funding for general 
administration as proposed by the Senate; this funding remains 
in the national forest system appropriation as in past years.
      Funds should be distributed as follows:
        Project                                                   Amount
Research facilities:
    Auburn University research facility (AL)............      $6,000,000
    Institute of Pacific Island Forestry................       1,000,000
    Admin. requested projects...........................       5,010,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal, research facilities.................      12,010,000
                    ========================================================
                    ____________________________________________________
Fire, administrative, and other facilities:
    Grey Towers National Historic Site (PA).............       4,900,000
    Rapid City Air Tanker Base (SD).....................         347,000
    Admin. requested projects...........................      19,699,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal, Fire, administrative and other......      24,946,000
                    ========================================================
                    ____________________________________________________
Recreation facilities:
    Badin Lake Campground (NC)..........................       1,000,000
    Bead Lake, Colville NF, boat launch (WA)............          20,000
    Cradle of Forestry (NC).............................         559,000
    Franklin County Dam (MS)............................       2,000,000
    Ouachita NF toilet facilities (AR)..................         320,000
    Pikes Peak Summit House (CO)........................         200,000
    Pisgah RD (NC)......................................         505,000
    Spring Mountains NRA (water system) (NV)............         200,000
    Winding Stair Mt. NRWA (OK).........................         125,000
    Winter Olympic games 2002 (UT)......................       1,300,000
    Admin. requested projects...........................      20,720,000
    Presidential initiative, clean water projects.......       3,000,000
    Backlog maintenance & minor repair..................       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal, recreation facilities...............      32,949,000
                    ========================================================
                    ____________________________________________________
Road reconstruction and construction:
    Midewin NTP (IL)....................................         500,000
    Other projects......................................      97,509,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal, road re/construction................      98,009,000
                    ========================================================
                    ____________________________________________________
Road maintenance and decommissioning....................      99,884,000
                    ========================================================
                    ____________________________________________________
Trail reconstruction and construction:
    Bonneville Shoreline Trail (UT).....................         300,000
    Continental Divide Trail (various)..................         500,000
    Florida National Scenic Trail (FL)..................         250,000
    Ketchikan, AK area trails...........................       1,000,000
    Routt National Forest (CO)..........................         275,000
    Sawtooth NRA Harriman Trail (ID)....................         270,000
    Taft Tunnel (ID)....................................         500,000
    Tahoe Rim Trail and Trailhead (NV, CA)..............         183,000
    Winding Stair Mt. NRWA (OK).........................          76,000
    Admin. requested projects...........................      13,200,000
    Other trail reconstruction..........................      13,000,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal, trail re/construction...............      29,554,000
                    ========================================================
                    ____________________________________________________
          Grand Total, Construction.....................     297,352,000

      Funds provided in this Act and the financial and 
technical assistance funds referenced in the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 1999, are intended to be used for the 
Franklin County Lake construction project in Mississippi.
      The conference agreement retains the Senate bill language 
on the use of road maintenance funds for decommissioning roads, 
including unauthorized roads, but the limit is raised to 
$15,000,000. The agreement includes bill language, altering 
that proposed by the Senate, which requires notice and an 
opportunity for public comment before roads are decommissioned. 
The conference agreement does not include the Senate proposal 
to limit funds for decommissioning roads until certification is 
provided that all unauthorized roads are either decommissioned 
or reconstructed to national forest system standards. The 
Committees understand there are pending administrative appeals 
specific to road closures and road density issues on the April 
15, 1997, Record of Decisions accompanying the Targhee National 
Forest Land and Resource Management Plan. The Committees urge 
the agency not to decommission system roads on the Targhee 
National Forest until appeals which are pending as of the date 
of this Act are resolved.
      The conference agreement provides an increase of 
$4,300,000 in road maintenance for clean water activities. The 
Committees have provided $2,000,000 in the reconstruction and 
construction account for engineering support for timber sale 
preparation in southeast Alaska. For a more detailed 
explanation refer to the discussion under the national forest 
system account.
      The Committees have included funds as directed in the 
Senate report for access to blowdown timber on the Routt 
National Forest, CO, for the Talimena scenic byway in Oklahoma, 
and for erosion work on the Monongahela National Forest, WV; 
funds are not provided for road reconstruction in support of 
the Gallatin II land exchange or for relocating the eastern 
regional office. The Ketchikan, AK area trails funds may be 
used for associated recreational structures. The $3,000,000 
provided within the recreation facilities reconstruction and 
construction activity for backlog maintenance and minor repair 
may be used for any high priority project and should not be 
limited to recreation needs. The Committees direct the Forest 
Service to follow the Senate report instructions regarding 
engineering overhead and program management for road 
construction and to include a clear exposition of the 
engineering infrastructure, including detached units, in the 
next budget justification.

                            Land Acquisition

      The conference agreement provides $117,918,000 for land 
acquisition instead of $30,000,000 as proposed by the House and 
$67,022,000 as proposed by the Senate. The Committees agree to 
the following distribution of funds:
        State and Project                                         Amount
Multi--Appalachian Trail................................      $7,000,000
NM--Baca................................................      40,000,000
CA--Big Sur Ecosystem...................................       1,900,000
UT--Bonneville Shoreline Trail..........................         250,000
Multi--Chattooga Watershed..............................       1,000,000
TN--Cherokee NF (Starr Mnt.)............................         683,000
OR--Chetco River/Kalmiopsis Wild........................       1,200,000
CO--Cimarron & Comanche NG..............................         475,000
AZ--Coconino NF (Bar-T-Bar Ranch).......................       3,000,000
OR/WA--Columbia River Gorge NSA.........................       2,000,000
MI--Consum. Power.......................................       2,250,000
KY--Daniel Boone NF.....................................         500,000
SC--Francis Marion NF...................................       1,500,000
VT--Green Mtn. NF/Taconic Creek.........................       1,500,000
CO--Gunnison NF (Poverty Gulch).........................         125,000
IN--Hoosier NF..........................................         750,000
SC--Lake Jocassee (Sumter NF)...........................       1,000,000
NV/CA--Lake Tahoe Basin.................................       1,000,000
MT--Lindbergh Lake......................................       8,000,000
WA--Mtns. To Sound GRNW.................................      10,000,000
AR--Ozark NF............................................         500,000
OR--Pacific NW Streams..................................         750,000
NC--Pisgah NF (mineral rights)..........................         350,000
CA--Rutherford Ranch (Cleveland NF).....................         750,000
MT--Royal Teton.........................................       6,500,000
CA--San Bernardino NF...................................       1,000,000
NM--Santa Fe NF (Tres Pistoles).........................       1,400,000
ID--Sawtooth NRA........................................       1,500,000
MS--Univ. of Mississippi................................       5,000,000
CO--White River NF (Conundrum Creek)....................       4,200,000
WA--White Salmon WSR....................................         335,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................     106,418,000
Acquisition Management..................................       8,000,000
Cash Equalization.......................................       1,500,000
Emergency Acquisitions..................................       1,500,000
Wilderness Protection...................................         500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     117,918,000

      Funds provided in fiscal year 1998 for Wisconsin Wild 
Waterways are for the acquisition of the Burke property in the 
Chequamegon National Forest, which shall be managed in a manner 
that prohibits: (a) timber harvesting except for the protection 
of public health and safety or as necessary in the event of 
fire, disease or insect infestation; (b) road construction or 
development; (c) motorized vehicle use except on existing 
roads; and (d) recreational facility construction or other 
development activities. In order to protect the ecological, 
historic, scenic and botanical resources of the Burke property, 
the Forest Service shall designate special management areas as 
depicted on a map titled ``Forest Lodge (Burke) Special 
Management Area'' and dated October 1, 1997.
      Bill language is included in Title III General Provisions 
which details the specific conditions under which Federal funds 
may be used to purchase the Baca property in New Mexico. The 
funds are subject to an independent appraisal which conforms 
with the Uniform Appraisal Standards for Federal Land 
Acquisitions and is subject to specific authorization 
legislation being signed into Public Law.
      The Committees are modifying the reprogramming guidelines 
regarding land exchanges. The agencies must submit proposed 
land exchanges in excess of $500,000 to the Committee on 
Appropriations for a 30 day period of review.

         Acquisition of Lands for National Forests Special Acts

      The conference agreement provides $1,069,000 for the 
acquisition of lands for national forests special acts as 
proposed by both the House and the Senate.

            Acquisition of Lands to Complete Land Exchanges

      The conference agreement provides an indefinite 
appropriation estimated to be $210,000 for acquisition of lands 
to complete land exchanges.

                         Range Betterment Fund

      The conference agreement provides an indefinite 
appropriation estimated to be $3,300,000 for range betterment.

    Gifts, Donations and Bequests for Forest and Rangeland Research

      The conference agreement provides $92,000 for gifts, 
donations and bequests for forest and rangeland research as 
proposed by both the House and the Senate.

            Management of Federal Lands for Subsistence Uses

                 subsistence management, forest service

      The conference agreement provides $3,000,000 for 
subsistence management, Forest Service. Neither the House nor 
the Senate provided funding for this purpose. This new account 
and a similar account in the Department of the Interior provide 
funds to implement and enforce certain Federal regulations 
dealing with preference for subsistence uses, including those 
dealing with fish and wildlife, on navigable rivers in Alaska 
that are subject to Federal reserved water rights. The 
conditions associated with the availability and use of these 
funds are contained in section 339 of this Act.

               Administrative Provisions, Forest Service

      The conference agreement concurs with the House language 
allowing use of up to $3,500,000 for International Forestry 
activities, as authorized. The agreement includes bill language 
as proposed by the House limiting funds for administrative 
expenses of the National Forest Foundation to $400,000. The 
Committees note with concern the recent Inspector General's 
evaluation of management practices at the National Forest 
Foundation, and therefore the Forest Service is urged to use 
existing authorities to implement fully the Inspector General's 
recommendations concerning the Foundation. The conference 
agreement allows $2,650,000 to be used for matching grants by 
the National Fish and Wildlife Foundation. Bill language 
corrects a technical error concerning the number of operable 
airplanes allowed in the wildland firefighting fleet.
      The conference agreement has deleted the language 
proposed by the House concerning use of the salvage sale fund 
and the Knutson-Vandenberg reforestation fund for 
administrative and indirect support activities. Rather, the 
conference agreement revises language proposed by the Senate 
concerning exposition of indirect expenses throughout all 
Forest Service appropriations, and the agreement limits 
indirect expenses charged to some trust funds and cooperative 
work funds during fiscal year 2000.
      The conference agreement concurs with the Senate position 
that the general administration line item as currently funded 
does not adequately represent the total cost of indirect 
expenses incurred by the agency. However, due to the immediate 
impact of eliminating this budget line item, the agreement 
provides for continuing general administration during fiscal 
year 1999. The Committees direct the agency to eliminate the 
general administration line item in fiscal year 2000 as part of 
proposals to revise the budget structure. The new budget 
structure proposal should clearly display in some manner all 
indirect expenditures and administrative needs. The Committees 
caution the Forest Service that changes in budget structure 
must be fully coordinated with Congress prior to submission of 
the fiscal year 2000 budget justification as required in House 
Report 105-163 accompanying Public Law 105-83. The Committees 
emphasize that consideration of significant budget structure 
changes will be fully contingent on significant progress by the 
agency in improving financial and program accountability and 
accomplishment. It is further noted that budget structure 
changes must be fully compatible with the Government 
Performance and Results Act, and accurately reflect all 
multiple use activities of the agency.
      The conference agreement concurs with Senate language 
concerning management of indirect costs and reporting indirect 
expenditures. The Committees have changed the language to 
clarify the Senate's intent and to address management of 
indirect expenses for several permanent and trust funds. The 
revised bill language clarifies that proposed definitions for 
indirect expenses are to be consistent with the Federal 
Accounting Standards Advisory Board and are to be submitted to 
the Committees no later than 90 days after the date of 
enactment of this Act. The conference agreement eliminates 
language regarding quantification of indirect expenses to the 
ranger district level. The Committees expect the agency to 
display all indirect costs in the fiscal year 2000 budget 
justification to the regional level. However the display of 
regional costs should be computed based on costs at the ranger 
district level. The revised language specifies that indirect 
expenses for the Brush Disposal, Cooperative Work-Other, 
Knutson-Vandenberg, Reforestation, Salvage Sale, and Roads and 
Trails funds shall not exceed 20 percent beginning in fiscal 
year 2000. The Committees further expect that progress will be 
made to reduce indirect expenses toward this goal during fiscal 
year 1999.
      The Committees are concerned about the improper 
expenditure of Forest Service funds where projects are jointly 
funded by more than one appropriation. The Committees support 
integrated land management but expect the agency to maintain 
fidelity to appropriations intent for each funding activity 
when executing multi-funded projects.

                          Department of Energy

                         Clean Coal Technology

      The conference agreement provides for the deferral of 
$40,000,000 in previously appropriated funds for the clean coal 
technology program as proposed by the Senate. The House did not 
propose to defer funding. The Committees agree that $14,900,000 
may be used for administration of the clean coal technology 
program.

                 Fossil Energy Research and Development

      The conference agreement provides $384,056,000 for fossil 
energy research and development instead of $315,558,000 as 
proposed by the House and $376,431,000 as proposed by the 
Senate.
      Changes to the House recommended level for coal research 
include increases of $750,000 in coal preparation for removal 
of mercury; $350,000 for direct liquefaction; $500,000 for 
indirect fired cycle; $2,000,000 for Vision 21 in high 
efficiency integrated gasified combined cycle; $2,750,000 for 
PM 2.5 monitoring and research in fine particulate control/air 
toxics and $4,000,000 for CO2 sequestration research 
both in advanced research and environmental technology; and 
$100,000 in advanced research and technology development for 
international program support; and decreases of $112,000 in 
high efficiency integrated gasified combined cycle for 
technical and program support, $1,000,000 in coal utilization 
for Vision 21 and $40,000 in advanced research and technology 
development for undergraduate internships.
      Changes to the House for natural gas and fuel cell 
research include increases of $44,500,000 for advanced turbine 
systems (the House had proposed to transfer this program to the 
energy conservation account); $1,500,000 for gas to liquids, 
$500,000 for coal mine methane and $250,000 for Alaska coal bed 
methane all in emerging process technology; and $5,000,000 for 
fuel cell systems development; and a decrease of $100,000 in 
effective environmental protection for outreach and technology 
transfer.
      Changes to the House in oil technology research include 
increases of $250,000 in reservoir characterization for the 
northern mid-continent digital atlas and $300,000 in effective 
environmental protection for State, tribal and Federal 
regulations.
      Changes to the House in other program areas include an 
increase in cooperative research and development of $1,000,000, 
an increase of $1,000,000 for energy technology center program 
direction and an increase of $5,000,000 which negates the 
general reduction to the fossil energy program as a whole.
      The Committees agree to the following:
      1. The funding provided for PM 2.5 monitoring and 
research is for data monitoring and development of cost 
effective control technologies or source production science. 
The Department is urged to cooperate with the Southern Research 
Institute to the extent that monitoring stations are 
established in the southeast.
      2. It is critical to the continuation of the low 
emissions boiler program that the State of Illinois provide its 
full cost share of $25 million. The Department should report to 
the Committees by January 31, 1999 on the status of the low 
emissions boiler program including whether or not the full cost 
share has been received from the State of Illinois, the extent 
to which the project is feasible from the standpoint of bids 
received from contractors for project construction and the 
extent to which power purchase agreements have been arranged.
      3. The increase provided for the gas to liquids program 
is to continue a cost-shared, public-private university 
research program involving the Massachusetts Institute of 
Technology, the University of Illinois, the University of 
Houston and the University of Alaska.
      4. As requested in the budget request, $500,000 is 
provided for the coal mine methane program, but the Committees 
remain concerned about the potential out-year costs and long-
term expectations for this program. The Committees strongly 
encourage the Department of Energy to (1) down-select the 
number of coal mine methane projects from 5 down to 2, (2) 
establish a reasonable and supportable total cap on Federal 
funding for the program and (3) require a minimum of 50% cost-
share for any future program phases.
      5. Funding for an Alaska coal bed methane program is 
provided on a one-time basis and should be used to work with 
the Alaska Division of Geological and Geophysical Surveys to 
determine whether coal bed methane is a viable fuel source in 
rural Alaska. Should coal bed methane be determined to be 
commercially viable, the State should seek alternative sources 
of funding to develop the project further.
      6. There is no earmark in the natural gas exploration and 
production program to promote research on computational tools 
that incorporate rock properties.
      7. There is no mandate to down-select from three to two 
contracts in the existing fuel cell program but the Department 
should consider that option.
      8. No study is required on the feasibility of an 
integrated management system for oil and gas production that 
incorporates state-of-the-art modeling, sensing and 
computational technologies.
      9. There are sufficient unobligated balances from 
previous fiscal years to continue the gypsy field project in 
fiscal year 1999. The fiscal year 2000 budget should include a 
request for any additional funds needed to continue this 
project in that fiscal year.
      10. Cooperative research and development funding should 
be distributed as in past years with a percentage of funds used 
for the base research program and the balance used for jointly 
sponsored research.
      11. Funding has been provided to support programs that 
improve energy efficiency and reduce emissions. These programs 
are justified by goals and objectives independent of 
implementation of the Kyoto protocol. No funds are to be used 
to implement actions called for solely under the Kyoto protocol 
prior to its ratification.
      12. The $750,000 provided in coal preparation for pre-
combustion removal of mercury using dry magnetic separation is 
to fund phase II of an existing technology development program. 
These funds will be used to scale up and test technologies that 
reduce ash, sulfur and trace-element emissions while lowering 
the bus-bar cost of electricity generated from bituminous coal 
from the Northern Appalachian region. The technology will be 
tested at a power plant in Clearfield County, Pennsylvania 
using a dry magnetic separator retrofitted to an existing dry 
pulverizer.

                      ALTERNATIVE FUELS PRODUCTION

                     (including transfer of funds)

      The conference agreement provides for the deposit of 
investment income earned as of October 1, 1998 on principal 
amounts in a trust fund established as part of the sale of the 
Great Plains Gasification Plant in Beulah, ND, and immediate 
transfer of the funds to the General Fund of the Treasury. The 
amount available as of October 1, 1998 is estimated to be 
$1,300,000.

                 naval petroleum and oil shale reserves

      The conference agreement provides $14,000,000 for the 
Naval petroleum and oil shale reserves as proposed by the House 
instead of $14,056,000 as proposed by the Senate. Funds should 
be distributed as follows:

Naval Petroleum Reserves Nos. 1 and 2...................      $3,594,000
Naval Petroleum Reserve No. 3...........................      10,180,000
Naval Oil Shale Reserves................................               0
Program Direction.......................................       6,876,000
Use of Prior Year Funds.................................      -6,650,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................      14,000,000

                      ELK HILLS SCHOOL LANDS FUND

      The conference agreement provides $36,000,000 for the Elk 
Hills school lands fund for payment to the State of California 
for the State Teachers' Retirement Fund. Neither the House nor 
the Senate included funding for this purpose under the 
assumption that this claim would be paid directly from revenue 
from the sale of the Elk Hills Naval Petroleum Reserve. Because 
that option did not materialize, funds are provided in this 
Act. The Committees encourage the Department to work with the 
legislative committees of jurisdiction to continue to pursue a 
legislative remedy so that the balance of these payments may be 
made directly from the sale proceeds.

                          ENERGY CONSERVATION

      The conference agreement includes $691,701,000 for energy 
conservation instead of $632,250,000 (excluding $43,000,000 for 
the Fossil Energy turbine program) as proposed by the House and 
$646,701,000 (after factoring in the statutory offset of 
$31,000,000 in unobligated balances) as proposed by the Senate.
      Changes to the House recommended level for buildings 
technology include increases of $1,200,000 for building 
America, $1,535,000 for home energy rating systems, $400,000 
for rebuild America, $2,500,000 for technology roadmaps, 
$900,000 for heat pumps, $250,000 for desiccants and chillers, 
$250,000 for fuel cells for buildings, $500,000 for 
demonstrations of modular fuel cells at DOE facilities, 
$500,000 for emerging technology demonstrations, $500,000 for 
consumer education, $4,000,000 for building envelope research, 
$600,000 for building energy codes, $3,600,000 for lighting and 
appliance standards, $6,400,000 due to elimination of the 
requirement to use prior year funds, and $250,000 in management 
and planning for analytical studies and planning, and decreases 
of $100,000 for residential energy efficiency and $9,000 in 
management and planning for technology and sector data. There 
is also an increase of $4,000,000 for weatherization and 
$1,000,000 for State grants.
      Changes to the House for the Federal energy management 
program include an increase of $1,000,000 for project financing 
and decreases of $250,000 for technical and financial 
assistance and $100,000 for program direction.
      Changes to the House for industry sector programs include 
increases of $2,000,000 each for the mining vision (aluminum 
industries of the future program) and for the agriculture/
biobased fuels vision (chemicals industries of the future 
program), $500,000 for the combined heat and power initiative, 
$2,600,000 for motor challenge, $1,000,000 to correct an error 
in the House report dealing with the climate-wise program, 
$200,000 for program direction, $19,000,000 to accelerate the 
advanced turbine program and $8,300,000 due to elimination of 
the requirement to use prior year funds, and a decrease of 
$43,000,000 which negates the House proposed transfer of the 
turbine program from the fossil energy account.
      Changes to the House for transportation sector programs 
include increases of $1,000,000 for C-1 chemistry, $1,300,000 
for fuels for advanced engines, $2,000,000 foradvanced power 
electronics, $4,500,000 for fuel cell research and development, 
$1,000,000 for advanced combustion research, $1,500,000 for cooperative 
automotive research for advanced technologies, $3,000,000 for high 
efficiency engine research, $500,000 for heavy vehicle systems 
technologies, $4,000,000 for lightweight materials, $1,200,000 for high 
strength weight reduction materials, $200,000 for the clean cities 
voluntary deployment program, $500,000 for vehicle field testing/
evaluation, $75,000 for program direction and $10,100,000 due to 
elimination of the requirement to use prior year funds and a decrease 
of $2,000,000 in hybrid propulsion systems.
      Other changes to the House include an increase of 
$250,000 for headquarters contract services and decreases of 
$200,000 for headquarters salaries and related expenses and 
$34,000,000 in undistributed increases.
      The Committees agree to the following:
      1. This is the final year of funding for home energy 
rating systems.
      2. With regard to energy measurement techniques, nothing 
in the House or Senate reports should be construed as an 
attempt to circumvent or contradict the National Appliance 
Efficiency Conservation Act or any other relevant statute.
      3. With regard to the Federal energy management program, 
the Secretary may, in establishing charges for services 
rendered to other Federal agencies, recover such program costs 
as the Secretary deems appropriate including, but not limited 
to, start-up costs (including those incurred in fiscal year 
1998), Department of Energy program operating expenses and 
contractor costs. The Secretary should make every effort to 
recover, over the life of the program, all costs associated 
with start-up, execution and support to other Federal agencies. 
To reduce the administrative burden on the program, the 
Secretary may establish an annual fixed pricing structure.
      4. There are no specific earmarks for any entity within 
the industries of the future (specific) program. The Department 
should use the expertise at the National laboratories, the 
Federal Energy Technology Center and the Intermountain Center 
for Mining Research and Technology to the extent that such 
organizations are able to provide quality work, which is 
consistent with program and industry priorities.
      5. The Department should work with Alfred University to 
explore how that institution's expertise in glass and ceramics 
engineering and other technologies relevant to the Department's 
programs might be used to benefit those programs.
      6. Natural gas vehicle research should be funded 
following the priorities established in the five-year 
Comprehensive Plan for Natural Gas Vehicle Research. The budget 
for fiscal year 1999 is $10,000,000 of which $2,000,000 in 
alternative fuels/systems optimization is for engine, fuel 
storage system and fueling infrastructure and $8,000,000 in 
heavy vehicles research is for engine vehicle system, safety/
systems integration and fueling infrastructure. This research 
must be related to vehicles powered directly by compressed or 
liquefied natural gas and should be allocated based on 
priorities developed in close coordination with industry.
      7. Funding has been provided to support programs that 
improve energy efficiency and reduce emissions. These programs 
are justified by goals and objectives independent of 
implementation of the Kyoto protocol. No funds are to be used 
to implement actions called for solely under the Kyoto protocol 
prior to its ratification.

                          economic regulation

      The conference agreement provides $1,801,000 for economic 
regulation as proposed by both the House and the Senate. These 
funds are for the Office of Hearings and Appeals.

                      strategic petroleum reserve

      The conference agreement provides $160,120,000 for the 
strategic petroleum reserve as proposed by the House instead of 
$155,120,000 as proposed by the Senate.

                   energy information administration

      The conference agreement provides $70,500,000 as proposed 
in the budget request for the energy information administration 
instead of $68,000,000 as proposed by both the House and the 
Senate.

                Department of Health and Human Services

                         Indian Health Service

                         indian health services

      The conference agreement provides $1,950,322,000 for 
Indian health services instead of $1,932,953,000 as proposed by 
the House and $1,888,602,000 as proposed by the Senate. Changes 
to the House recommended level include increases in hospitals 
and health clinics of $4,000,000 for an Alaska Federal health 
care partnership fortelemedicine and $19,000,000 which the 
House had proposed to transfer to the facilities account for facilities 
management and an increase of $9,000,000 for contract support costs. 
These increases are partially offset by decreases for fixed costs of 
$6,844,000 in hospitals and health clinics, $980,000 in dental health, 
$297,000 in mental health, $641,000 in alcohol and substance abuse, 
$2,722,000 in contract care, $215,000 in public health nursing, $50,000 
in health education, $307,000 in community health representatives, 
$9,000 in Alaska immunization, $187,000 in urban health, $214,000 in 
Indian health professions, $9,000 in tribal management, $500,000 in 
direct operations and $66,000 in self-governance. Other program 
decreases below the House include $750,000 in mental health for suicide 
prevention and $840,000 in contract care for new tribes funding.
      The conference agreement includes an earmark of 
$373,801,000 for contract medical care, exclusive of the Indian 
Catastrophic Health Emergency Fund, instead of $377,363,000 as 
proposed by the House and $364,792,000 as proposed by the 
Senate; and an earmark of $203,781,000 for contract support 
costs instead of $194,781,000 as proposed by the House and 
$170,190,000 as proposed by the Senate.
      The conference agreement includes a provision that allows 
the Ponca Tribe of Nebraska to use previously appropriated 
funds to obtain approved clinical space. This language is 
included with the express understanding that there will be no 
operational funding increases associated with this new space.
      The Committees agree to the following:
      1. Fixed costs are funded at 75% of need with the 
exception of contract support costs. A total increase of 
$35,079,000 above the budget request is provided for contract 
support costs and is to be used to minimize negative impacts on 
current contracts and compacts of the pro rata distribution of 
funding for this activity beginning in fiscal year 1999.
      2. Of the funds available to the IHS for diabetes 
programs, the Service should fund cooperative efforts with the 
Joslin Diabetes Clinic in Boston to non-invasively screen for 
undiagnosed diabetes and diabetic retinopathy in Indian 
communities. The Committees understand that such a program 
would be similar to programs the Joslin Clinic is conducting 
with the Department of Defense and the Veterans Administration 
and that the managers of existing diabetes programs within IHS 
have expressed an interest in working with Joslin.
      3. The Service should provide a status report on the 
Alaska telemedicine project in its fiscal year 2000 budget 
request and include the appropriate level of funding needed to 
continue the project in that budget.
      4. The IHS should work with the tribe and the private 
sector to develop a cost-effective approach for providing 
emergency services at the IHS facility in Wagner, SD, including 
the possibility of shared emergency services with the local 
community which could lower emergency service costs and raise 
the quality of service for the community while providing 
additional revenue for the IHS facility in Wagner.
      5. The Pascua Yaqui Tribe in AZ continues to experience 
funding problems in its Health Maintenance Organization because 
of increases in enrollment. The IHS should make every effort to 
account for this increase to ensure that existing health 
benefits are maintained for longer-term members as well as for 
newly enrolled members.
      6. The IHS should continue to work with and provide 
funding support to the University of Washington's fetal alcohol 
syndrome research program.
      The conference agreement does not include statutory 
language mandating a prorata distribution of contract support 
costs across all Service self-determination contracts and self-
governance compacts. This language was included in both the 
House and Senate bills but has been dropped because of concerns 
expressed by tribal organizations and many individual tribes. 
The Committees remain convinced that the current distribution 
methodology employed by the Service for contract support costs 
is inequitable and fiscally unsound. The Committees' proposal 
for a pro-rata distribution, in combination with a one-year 
moratorium on new contacts and compacts and additional funding 
for existing contracts and compacts, would have provided a 
permanent solution to the problem.
      The Committees have added more than $35 million to the 
Administration's budget request to address the inequity in the 
distribution of contract support cost funding in fiscal year 
1999. The Committees direct the Service, in cooperation with 
the tribes, to remedy this inequity in the fiscal year 2000 
budget request. The remedy cannot be a large infusion of 
additional funding for contract support costs at the expense of 
either critical health programs or critical construction needs 
of the Service. Further, the Committees note that the one-year 
moratorium on new contracts and compacts cannot be extended 
indefinitely. The Committees believe strongly that an 
acceptable permanent solution to the contract support cost 
distribution inequity must be a part of the fiscal year 2000 
budget request from the Administration.

                        Indian Health Facilities

      The conference agreement provides $289,465,000 for Indian 
health facilities instead of $313,175,000 as proposed by the 
House and $263,516,000 as proposed by the Senate. Changes to 
the House include decreases of $1,189,000 in maintenance and 
improvement of which $189,000 is for fixed costs and $1,000,000 
is for unmet need, $72,000 for fixed costs in sanitation 
facilities, $2,500,000 in hospital and clinic construction for 
the Parker, AZ health center, $886,000 for fixed costs in 
facilities andenvironmental health support, $63,000 for fixed 
costs in the equipment account, and $19,000,000 in transfers from the 
hospital and clinics account for facilities management.
      The Committees agree that the funding provided for a 
pilot project on the Spokane reservation at the Wellpinit, WA 
facility is contingent on non-Federal matching funds from the 
tribe and that there will be no operational funding increase 
associated with this project.

                         Other Related Agencies

              Office of Navajo and Hopi Indian Relocation

                         Salaries and Expenses

      The conference agreement provides $13,000,000 for 
salaries and expenses of the Office of Navajo and Hopi Indian 
Relocation as proposed by the House instead of $15,000,000 as 
proposed by the Senate.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        Payment to the Institute

      The conference agreement provides $4,250,000 for payment 
to the institute instead of no funding as proposed by the House 
and $3,188,000 as proposed by the Senate.
      The Committees direct that within the funds provided to 
the Institute $500,000 is subject to at least a one-to-one cash 
match from non-Federal contributors.

                        Smithsonian Institution

                         Salaries and Expenses

      The conference agreement provides $347,154,000 for 
salaries and expenses instead of $346,449,000 as proposed by 
the House and $352,154,000 as proposed by the Senate.
      Increases above the House level include $1,911,000 for 
the National Museum of the American Indian Suitland facility 
and $150,000 for additional costs resulting from implementation 
of the Panama Canal Treaty at the Tropical Research Institute. 
Decreases from the House level include $856,000 for Facilities 
Services (utilities) and $500,000 for the National Museum of 
Natural History East Court/West Court project. An amount of 
$3,000,000 required by the National Museum of American History 
for restoration of the Star-Spangled Banner has not been 
included in this account because the Committees have provided 
funding for this project as part of the Save America's 
Treasures initiative funded through the U.S. Department of the 
Interior.
      In order to provide the Cultural Resources Center (CRC) 
with the flexibility necessary for addressing its initial 
operational needs most efficiently, the Committees have not 
allocated CRC's funding increase to specific subactivities, but 
expect the Center to use these funds for its highest priority 
requirements.
      The Committees direct the Smithsonian to provide $250,000 
to the National Museum of American Art for additional 
continuing support for Heritage Preservation efforts to promote 
the conservation of public sculpture and other art through 
private-public partnership and education programs.
      The Committees commend the Smithsonian for its continued 
commitment to raise private funds to support its activities. 
The Committees assure the Smithsonian that supplementary 
private support will not be viewed as a substitute for Federal 
appropriations.
      The Committees have included language in Title III 
General Provisions to transfer title of the Indian Arts and 
Crafts Board collection located in the U.S. Department of the 
Interior, Washington D.C. headquarters to the National Museum 
of the American Indian. Preferential consideration should be 
given to requests from the Indian Arts and Crafts Board and the 
Institute of Indian Arts in Santa Fe, New Mexico, for loans of 
the collection by the National Museum of the American Indian. 
The Committees understand that the transfer of this collection 
will not result in any request for additional funds from the 
National Museum of the American Indian and that the costs for 
its conservation will be absorbed internally by the Smithsonian 
Institution.

        Construction and Improvements, National Zoological Park

      The conference agreement provides $4,400,000 for 
construction and improvements at the National Zoological Park 
as proposed by the Senate instead of $4,500,000 as proposed by 
the House. The decrease of $100,000 reflects the amount 
designated in the budget request for the Holt House.

                  Repair and Restoration of Buildings

      The conference agreement provides $40,000,000 for major 
repair and restoration instead of $44,500,000 as proposed by 
the House and $32,000,000 as proposed by the Senate. Within 
this amount, the Committees designate $2,000,000 for security 
system modernization.

                              Construction

      The conference agreement provides $16,000,000 for 
construction as proposed by the Senate instead of $2,000,000 as 
proposed by the House. The entire amount is for the National 
Museum of the American Indian mall facility.
      The conference agreement retains the Senate provision 
allowing a single procurement for the full scope of the 
National Museum of the American Indian mall project.

           Administrative Provisions, Smithsonian Institution

      The conference agreement modifies House language 
prohibiting the use of funds for new or expanded facilities 
without prior approval from the Appropriations Committees by 
eliminating the word ``planning''.
      The conference agreement deletes House language regarding 
the payment of any judgment related to the complaint filed in 
the U.S. Court of Federal Claims by Geddes, Brecher, Qualls and 
Cunningham against the Smithsonian Institution.
      The Committees have agreed to language which authorizes 
modifications to certain boards and commissions under Title III 
General Provisions.

                        National Gallery of Art

                         Salaries and Expenses

      The conference agreement provides $57,938,000 for 
salaries and expenses of the National Gallery of Art as 
proposed by both the House and the Senate.
      Language is not included, as proposed by the House, that 
would specify that the National Gallery of Art is a Federal 
entity under the Inspector General Act of 1978.

            Repair, Restoration and Renovation of Buildings

      The conference agreement provides $6,311,000 for repair, 
restoration and renovation of buildings as proposed by both the 
House and the Senate.

             John F. Kennedy Center for the Performing Arts

                       Operations and Maintenance

      The conference agreement provides $12,187,000 for 
operations and maintenance as proposed by the House instead of 
$13,000,000 as proposed by the Senate.

                              Construction

      The conference agreement provides $20,000,000 for 
construction as proposed by the Senate instead of $9,000,000 as 
proposed by the House.

            Woodrow Wilson International Center for Scholars

                         Salaries and Expenses

      The conference agreement provides $5,840,000 for salaries 
and expenses of the Woodrow Wilson International Center for 
Scholars as proposed by both the House and the Senate. Funds 
should be distributed as follows:

Fellowship program......................................        $947,000
Scholar support.........................................         674,000
Public service..........................................       1,752,000
General administration..................................       1,256,000
Smithsonian fee.........................................         205,000
Conference planning.....................................         956,000
Space...................................................          50,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................       5,840,000

      The conference agreement does not retain House language 
prohibiting the use of Federal funds for relocation of the 
Center to the Ronald Reagan Building. The Senate had no similar 
provision.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       Grants and Administration

      The conference agreement provides $83,500,000 for grants 
and administration instead of $81,240,000 as proposed by the 
House and $85,560,000 as proposed by the Senate. Increases 
above the House level include $1,762,000 for program grants, 
$977,000 for program support, and $131,000 for administration. 
Decreases from the House level include $440,000 for policy 
planning and research and $170,000 for computer replacement. 
The foregoing realignment of funds reflects the revised 
administrative structure proposed by the Endowment in response 
to last year's recommendation by the Committees that NEA should 
develop a more accurate display of the full scope of activities 
funded with administrative dollars.
      The conference agreement includes a technical correction 
to reference section 5(g) of the National Foundation on the 
Arts and Humanities Act as proposed by the Senate. The House 
bill does not include this reference.

                            Matching Grants

      The conference agreement provides $14,500,000 for 
matching grants as proposed by the Senate instead of 
$16,760,000 as proposed by the House.

                 National Endowment for the Humanities

                       Grants and Administration

      The conference agreement provides $96,800,000 for grants 
and administration as proposed by both the House and the 
Senate.

                            Matching Grants

      The conference agreement provides $13,900,000 for 
matching grants as proposed by both the House and the Senate. 
The Committees agree to provide authority for the Endowment to 
use up to $5,000,000 in challenge grant funds for the regional 
centers initiative as proposed in the Senate report. No such 
provision was included by the House. As previously indicated, 
this authority does not ensure future support for this new 
program, which has a total estimated cost of $55,000,000 over a 
six-year period. Consequently, the Endowment should proceed 
carefully with its plans and not design a program that is based 
on the expectation of additional Federal funding in the future. 
Further, the Committees restate the concern that support for 
the Endowment's ongoing core programs should not be sacrificed 
in any manner in order to accommodate the regional centers 
proposal.

                Institute of Museum and Library Services

                       Office of Museum Services

                       Grants and Administration

      The conference agreement provides $23,405,000 for the 
Office of Museum Services as proposed by the House instead of 
$23,280,000 as proposed by the Senate. Last year IMLS initiated 
a program of National Leadership Grants for model collaborative 
projects developed by museums and libraries. Funding for this 
grant category has been maintained for fiscal year 1999 in 
order for the Office of Museum Services to continue its support 
of the most exemplary projects of national significance 
selected through the competitive process of peer review.

                        Commission of Fine Arts

                         Salaries and Expenses

      The conference agreement provides $898,000 for the 
Commission of Fine Arts as proposed by both the House and the 
Senate.

               National Capital Arts and Cultural Affairs

      The conference agreement provides $7,000,000 for National 
Capital Arts and Cultural Affairs as proposed by both the House 
and the Senate. The criteria for consideration of new 
applicants should follow the direction in the House report.

               Advisory Council on Historic Preservation

                         Salaries and Expenses

      The conference agreement provides $2,800,000 as proposed 
by both the House and the Senate.

                  National Capital Planning Commission

                         Salaries and Expenses

      The conference agreement provides $5,954,000 as proposed 
by both the House and the Senate. The Commission should follow 
the direction provided in both the House and Senate reports.

                United States Holocaust Memorial Council

                       Holocaust Memorial Council

      The conference agreement provides $32,107,000 for the 
Holocaust Memorial Council instead of $31,707,000 as proposed 
by the House and $32,607,000 as proposed by the Senate. The 
increase of $400,000 above the House level includes an increase 
of $809,000 for fixed costs and decreases of $220,000 for 
forced attrition, $95,000 in collections acquisition and 
$94,000 for museum outreach activities as presented in the 
fiscal year 1999 budget.

                             Presidio Trust

                          Presidio Trust Fund

      The conference agreement provides $34,913,000 for the 
Presidio Trust instead of $39,913,000 as proposed by the House 
and $29,913,000 as proposed by the Senate. The Agreement 
authorizes the trust to borrow up to $20,000,000 from the U.S. 
Treasury.

                     TITLE III--GENERAL PROVISIONS

      The conference agreement includes sections 301 through 
316 which are identical in the House and Senate bills. The 
conference agreement deletes House section 317 which would have 
prohibited the use of funds in Sleeping Bear Dunes National 
Lakeshore to require landlords to vacate real property.
      Section 317 retains identical language in section 318 in 
the House bill and section 317 in the Senate bill concerning 
prohibitions on Biosphere Reserves.
      Section 318 retains House section 319 regarding 
prohibitions for Cape Canaveral National Seashore. The Senate 
had no similar provision.
      Section 319 retains the text of section 319 as proposed 
by the Senate and section 320 as proposed by the House 
prohibiting grants for seasonal support, most individual 
grants, and most subgranting by the National Endowment for the 
Arts.
      Section 320 retains the text of Senate section 320 and 
House section 321 providing the NEA and the NEH with the 
authority to solicit funds and to invest such funds in 
interest-bearing accounts.
      Section 321 alters slightly the language proposed by the 
Senate concerning funding limitation on national forest land 
management planning. The conference agreement allows funding 
for those national forests which are legally mandated to have 
their plans updated before or during calendar year 2000. The 
Committees understand that there are 11 forest units in this 
category. The Committees remain very concerned about the lack 
of cooperation displayed by the Administration at getting new 
planning rules in place. This language, as in fiscal year 1998, 
allows the funding moratorium to vanish as soon as at least 
interim planning rules are published in final form. The 
Administration continues to take a slow and unwieldy approach 
to updating the planning rules. The Committees expect that a 
new planning rule could easily be put into place in short 
order. The new rule should be closely tied to the authorizing 
legislation rather than attempt to administratively implement 
new law governing national forest land management planning. 
Further, the Committees have eliminated a related Senate 
provision included under section 329 of the Senate bill which 
continues forest plans after the fifteen year mandatory 
revision date.
      Section 322 includes language proposed by the Senate 
prohibiting the use of funds to issue a five year program under 
the Forest and Rangeland Renewable Resources Planning Act. The 
Committees recognize that the Government Performance and 
Results Act requires strategic plans and performance measures 
which should provide the public with sufficient information 
formerly provided in the RPA program.
      Section 323 retains modifications made by the Senate to 
House language included under section 322 regarding watershed 
restoration and enhancement agreements however, the authority 
has been extended through fiscal year 2001. The Committees 
extend the authority in order to provide more certainty and 
continuity in establishing these local citizen-government 
partnerships.
      Section 324 retains the text of section 323 as proposed 
by the House instructing the NEA to give priority to rural and 
underserved populations; to establish a grant category for 
projects of national significance; to ensure that grants to any 
one state not exceed 15%; and to encourage the use of grants to 
improve and support community-based music performance and 
education. The Senate included a similar provision in section 
324.
      Section 325 retains House section 324 which restricts the 
use of funds to make certain improvements to Pennsylvania 
Avenue in front of the White House.
      The conference agreement deletes section 325 prohibiting 
the use of funds by the Woodrow Wilson Center to relocate their 
offices as proposed by the House.
      The conference agreement does not include language 
proposed in section 327 of the House bill requiring the 
Secretary of Agriculture to grant an easement for a road to the 
Chugach Alaska Corporation.
      Section 326 extends the legislative authority for 
construction of an international memorial to honor the victims 
of communism until December 17, 2007.
      Section 327 retains the text of section 328 as proposed 
by the House extending the recreation fee demonstration program 
through fiscal year 2001. The Senate had no similar provision.
      Section 328 modifies language in section 329 of the House 
bill placing a moratorium on new and expanded Indian self-
determination and self-governance contracts and compacts. The 
modification includes an exemption for essential health and 
safety repairs in Bureau of Indian Affairs schools and an 
exemption for implementation of section 325 in the fiscal year 
1998 Interior Appropriations Act.
      The conference agreement does not include language 
proposed under section 328 of the Senate bill regarding the 
forest service general accounting ledger.
      Section 329 includes technical modifications to the 
language proposed by the House under section 330 and the Senate 
under section 339 concerning elimination of the purchaser road 
credit system for forest service timber sales.
      Section 330 retains the text of section 331 as proposed 
by the House and section 325 as proposed by the Senate making a 
technical correction to provide authority for the Senate 
Majority Leader to make two appointments to the National 
Council on the Arts.
      The conference agreement does not include language 
contained in either the Senate or House bill regarding the 
Interior Columbia Basin Ecosystem Management Project (ICBEMP) 
and does not concur with limitations contained in the House 
report on expenditures of funds for ICBEMP. The Committees note 
Administration acknowledgment that the current direction of 
this study shows little prospect of successfully resolving 
important environmental and economic issues. The Committees 
believe it is necessary to develop a new approach and 
understand that the Administration estimates this will lengthen 
the overall project effort by approximately 12 months. The 
Committees encourage the Administration to include affected 
state and county governments in this process as cooperating 
agencies. The Committees intend to closely monitor progress of 
the study during fiscal year 1999 and emphasize that it will be 
difficult to secure funding in the future to implement results 
that are not widely supported by interests within the region.
      Section 331 amends section 401(f) of Public Law 105-83 to 
extend by one year the sunset date by which funds must be 
appropriated from the Environmental Improvement and Restoration 
Fund.
      Section 332 includes language proposed in section 334 of 
the House bill providing additional authority to use the roads 
and trails funds for priority forest health related management. 
The Committees recognize that there is a huge backlog in 
important road, trail and bridge work throughout the national 
forest system just as there is a huge backlog in needed 
management related to forest health. The Committees urge the 
Forest Service to work with the Committees to use the road and 
trail fund exclusively for reducing these priority backlogs and 
not to replace ordinary appropriations as the Administration 
proposed for the trails construction budget in the fiscal year 
1999 proposal.
      The conference agreement does not include House proposed 
bill language included under section 332 to transfer the Land 
Between the Lakes National Recreation Area to the Forest 
Service from the Tennessee Valley Authority. This issue is 
addressed herein in a later title.
      The conference agreement does not include Senate proposed 
bill language included under section 332 regarding prescribed 
burns, but direction concerning this matter is found in the 
Forest Service wildland fire management account.
      Section 333 retains language proposed in section 333 of 
the House bill regarding the Arts and Artifacts Indemnity Act 
to increase the limits for insuring international exhibitions. 
The Senate had no similar provision.
      Section 334 retains the text of section 334 of the House 
bill regarding a land transfer to the City of Tulare, 
California from the Bureau of Land Management. The Senate had 
no similar provision.
      Section 335 retains the text of section 337 as proposed 
by the House to remove certain properties in Florida from the 
Coastal Barrier Resources System. Specifically, 75 acres are 
removed from the system, 32 acres in a State park are added to 
the system and seven private acres are added to the system. 
Other removals from the system are addressed under the United 
States Fish and Wildlife Service and under General Provisions--
Department of the Interior.
      Section 336 retains the text of section 338 as proposed 
by the House to extend the pilot program in the Indian Health 
Service dealing with billings for medicaid and medicare. The 
Senate had no similar provision.
      Section 337 retains the text of section 337 as proposed 
by the House to amend the Petroleum Overcharge Distribution and 
Restitution Act of 1986 to permit the use of excess receipts to 
offset energy conservation programs. The Senate agreed to this 
language in floor action.
      Section 338 includes the text of section 340 as proposed 
by the House, which amends the fiscal year 1998 Interior and 
Related Agencies Appropriations Act with regard to the National 
Indian Gaming Commission by deleting the phrase ``self-
regulated tribes such as''.
      Section 339 delays until September 30, 1999, the 
expenditure of funds to implement and enforce certain Federal 
regulations dealing with preference for subsistence uses, 
including those dealing with fish and wildlife, on navigable 
rivers in Alaska that are subject to Federal reserved water 
rights. The issuance of such regulations is not delayed. If the 
Alaska legislature passes a resolution which, if approved by 
Alaskan voters, would enable the implementation of State 
statutes that are consistent with, and provide for the 
preference generally outlined in, sections 803, 804 and 805 of 
the Alaska National Interest Lands Conservation Act, funds 
appropriated to the Department of the Interior and the 
Department of Agriculture for Federal subsistence management in 
this Act shall be granted to the State on September 30, 1999. 
If, by June 1, 1999, the Secretary of the Interior finds that 
the State Legislature has not yet passed such a measure, a 
portion of the funds will be available to prepare for 
implementation and enforcement of such Federal regulations.
      Section 340 retains the text of section 342 as proposed 
by the House to prohibit the use of funds for establishing a 
Kankakee National Wildlife Refuge in Indiana and Illinois. The 
Senate had no similar provision.
      Section 341 modifies section 326 as proposed by the 
Senate regarding the conveyance of portions of the Wind River 
Nursery that are no longer needed by thegovernment to Skamania 
County, WA. Further direction regarding this transfer is included under 
the Forest Service heading elsewhere in this statement.
      Section 342 retains language proposed in section 327 of 
the Senate bill making boundary and administrative jurisdiction 
transfers of Federal lands in the State of Washington.
      Section 343 includes language proposed in section 330 of 
the Senate bill providing for the establishment of the hardwood 
technology center in Princeton, WV.
      Section 344 provides authorization for the Army Corps of 
Engineers to enter into an agreement stipulating that the local 
cost share for a dam reconstruction project at Beach City Lake, 
Muskingum River Basin, Ohio will not exceed $141,000.
      Section 345 modifies the text of section 333 as proposed 
by the Senate prohibiting concerning recreational residence fee 
increases in the Sawtooth National Forest. The modification 
limits increases in these fees to 25 percent of the current 
value.
      Section 346 modifies language proposed in section 334 by 
the Senate providing additional flexibility to use the Granger-
Thye Act permit fees in the Forest Service. The modification 
deletes the word ``administer'' from the provision.
      Section 347 modifies language in section 335 as proposed 
by the Senate concerning the use of stewardship contracts in 
forest management.
      The conference agreement modifies Senate bill language to 
provide that up to 28 contracts may be executed by the Forest 
Service to accomplish end result contracting objectives 
specified in the provision. The provision is modified to delete 
the Senate reference to national forests in Idaho and Montana, 
and incorporates 22 projects originally planned by the 
Administration. In addition, the provision provides that a 
total of nine such contracts may be executed in Region One of 
the Forest Service which includes three projects previously 
planned by the Administration and six additional projects to be 
independently developed by Region One. The Committees expect 
Region One to maximize collaboration with state and private 
interests to develop projects which improve forest health and 
promote local consensus in determining outcomes to be 
accomplished through end result contracting.
      Section 348 retains provision included in section 336 of 
the Senate bill earmarking funds for the construction of the 
Trappers Loop Road.
      Section 349 contains a new provision concerning the 
rights to coalbed methane. A recent court decision has put the 
ownership rights of thousands of private landowners to coalbed 
methane production in jeopardy, this section provides that the 
United States recognizes the rights of landowners to coalbed 
methane in existing leases and contracts on lands where the 
United State is the owner of the coal. This section does not 
affect leases or contracts on lands where other parties have 
succeeded the United States as owners of the coal, or where the 
coal is owned by a State or private party. Nor does this 
section apply to leases for coalbed methane production on lands 
conveyed, restored or transferred to Indian tribes.
      Section 350 modifies section 340 as proposed by the 
Senate involving the domestic processing of western red cedar. 
The provision has been modified to delete references to the 
residual value appraisal system and clarify the payment rates 
under which western red cedar will be made available to 
domestic processors in the contiguous 48 United States.
      Section 351 modifies section 341 as proposed by the 
Senate precluding additional contracts or compacts to new 
Alaska Native regional health entities. The modification 
involves a three year moratorium on new contracts rather than a 
permanent limitation.
      Section 352 modifies language proposed by the Senate 
limiting the introduction of Grizzly bears in the Selway-
Bitterroot area of Idaho and Montana. The modification allows 
the United States Fish and Wildlife Service to release the 
final environmental impact statement and record of decision for 
this program but does not permit any introduction of bears in 
fiscal year 1999.
      Section 353 provides $20,000,000 to the Aleutians East 
Borough for the construction of an unpaved road and related 
facilities on corporation lands not in a designated wilderness 
area, $15,000,000 to the State of Alaska for improvements to 
the airstrip at King Cove, Alaska and $2,500,000 to the Indian 
Health Service for the cost of new construction or improvements 
to the existing clinic in King Cove, Alaska and telemedicine 
and other medical equipment. The Committees have agreed to 
these funds as an alternative to an easement for a road through 
the Izembek National Wildlife Refuge wilderness area as 
proposed in section 126 of the Senate bill to address critical 
health and safety needs.
      The conference agreement deletes the provision in section 
343 of the Senate bill dealing with dams on the Columbia and 
Snake Rivers.
      Section 354 makes boundary adjustments to the Columbia 
River Gorge National Recreation Area in Washington State.
      Section 355 provides authority for the Smithsonian 
Institution to alter the size of some of its boards and 
commissions.
      Section 356 approves the transfer of the Indian Arts and 
Crafts Board collection at the U.S. Department of the Interior 
to the Smithsonian Institution's National Museum of the 
American Indian.
      Section 357 includes conditions under which the Baca 
property in New Mexico may be purchased including specific 
authorization and independent appraisal which conforms with the 
Uniform Appraisal Standards for Federal land acquisitions.
      Section 358 designates the Federal building located at 
15013 Denver West Parkway, Golden, Colorado, and known as the 
National Renewable Energy Laboratory Visitors Center as the 
``Dan Schaefer Federal Building.''
      Section 359 designates the new Federal building under 
construction at 325 Broadway in Boulder, Colorado as the 
``David Skaggs Federal Building''.
      Section 360 designates the Federal building located at 
201 14th Street, S.W. in Washington, D.C. as the ``Sidney R. 
Yates Federal Building''. The House bill included a similar 
provision in section 326.
      Section 361 rescinds the Title V funds totaling 
$190,865,000 if the Administration does not issue the agency 
apportionments and make these funds available for immediate 
obligation within 5 days after enactment of this Act.
      The Congress provided $699,000,000 for priority land 
acquisitions, exchanges and high priority maintenance projects 
in the fiscal year 1998 Interior and Related Agencies 
Appropriations Act. On September 3, 1998, the Congress released 
$190,865,000, slightly more than half of the remaining balance 
for specific acquisition projects and backlog maintenance needs 
of the Bureau of Land Management, the U.S. Fish and Wildlife 
Service, the National Park Service and the Forest Service. The 
Committees have been informed that the Office of Management and 
Budget has not released these funds to the agencies, defying 
Congressional intent.
      Section 362 repeals Section 219 of the Federal Crop 
Insurance Reform and Department of Agriculture Reorganization 
Act of 1994, Pub. L. 103-354, 7 U.S.C. Sec. 6919.
      The Committees agree that the Secretary of the Interior 
and the Secretary of Agriculture should provide comprehensive 
training to land managers on the history and provisions of 
statutes affecting land and natural resource management in 
Alaska, including but not limited to Revised Statute 2477, the 
Act of May 17, 1906 (34 Stat. 197), the Alaska Statehood Act, 
the Mineral Leasing Act of 1920, the White Act, the Alaska 
National Interest Lands Conservation Act, the Alaska Native 
Claims Settlement Act, and the Magnuson-Stevens Fishery 
Conservation and Management Act. This training should also be 
provided to those employees who manage programs in Alaska and 
to employees whose job entail knowledge of one or more of the 
laws described above. Each such employee should complete the 
training within one year of the date of enactment of this Act, 
except a covered employee hired after 10 months of the date of 
enactment of this Act should complete the training within 60 
days of that employee's appointment.
      The Secretary of the Interior and the Secretary of 
Agriculture are encouraged to enter into an agreement with and 
provide funding to Alaska Pacific University, in conjunction 
with University of Washington School of Law and Northwestern 
School of Law, Lewis and Clark College, to develop and conduct 
training.

                                TITLE IV

      The conference agreement includes new language in Title 
IV, the Herger-Feinstein Quincy Library Group Forest Recovery 
Act. This Act represents a locally-developed, consensus-based 
resource management program for Federal lands in a portion of 
the Sierra Nevada ecosystem. The Committees are concerned over 
long-standing controversies in the region that have hampered 
effective management of Federal lands. In order to resolve 
these differences, the Act provides for an alliance between 
elected officials, industry representatives, local 
environmentalists, union representatives, and local citizens. A 
more complete description of the Act may be found in Senate 
Report 105-183.
      The conference agreement deletes language proposed in 
Title IV of the Senate bill limiting the source of funds 
available for operation of the Glines Canyon Dam.

             TITLE V--LAND BETWEEN THE LAKES PROTECTION ACT

      The Committees are concerned about future funding for the 
Land Between the Lakes National Recreation Area (LBL) in 
Kentucky and Tennessee, managed by the Tennessee Valley 
Authority (TVA). Accordingly, the Committees have included bill 
language in Title V that creates a safety net to provide for 
continued Federal operation of this area. In the event that LBL 
doesn't receive at least $6 million in Federal funding in any 
fiscal year, management responsibility for this facility will 
automatically be transferred to the Secretary of Agriculture 
with the expectation that it will be managed as part of the 
national forest system for recreation in a manner consistent 
with the multiple use mandate of the Forest Service.
      LBL was first established in the early 1960s by executive 
directive. However, no statute was ever enacted governing land 
management policies at LBL. This legislation codifies the 1972 
mission statement and requires the Forest Service to manage LBL 
for optimum yield of outdoor recreation and environmental 
education for the American people should this transfer occur.
      In the event that LBL is transferred, the Committees 
believe that all fees collected for the use of designated sites 
and activities at LBL should be retained by the Forest Service 
to help offset operating expenses. However, the legislation 
prohibits the Forest Service from charging a general entrance 
fee. This is identical to existing TVA policy. The legislation 
contains explicit language guaranteeing payments to counties by 
TVA at the prevailing rate, and makes these counties eligible 
for funds under the payments-in-lieu of taxes program 
administered by the Bureau of Land Management. In addition, 
there are over 220 cemeteries at LBL, many of which are the 
burial plots of some of the 800 families who were forcibly 
removed from their property when LBL was first created. The Act 
guarantees maintenance of a complete inventory and access to 
those cemeteries.
      The Committees recognize the tremendous responsibility 
borne by the Forest Service and TVA to implement the transfer 
of LBL if necessary. It is incumbent upon TVA/LBL staff to make 
every effort to minimize the disruption caused by the 
transition on employees, the public, and LBL's resources and 
offer full cooperation to the Forest Service transition team in 
implementing this transfer. In addition, the Committees 
encourage TVA to avoid moving equipment and facilities out of 
the National Recreation Area that are vital for its management.
      In the event of a transfer, the Committees have included 
a provision allowing the Forest Service to adopt the TVA 
National Resource Management Plan to minimize any disruption 
caused by the transition. This management plan, as developed by 
TVA, is in full compliance with environmental laws. While 
operating under the TVA management plan, the Committees expect 
the Forest Service to begin the process of preparing its own 
land and resource management plan within one year of the 
effective date of the transfer and consistent with the multi-
purpose mission mandated in the legislation.
      Currently, law enforcement actions taken by TVA police 
officers operating within the boundaries of LBL are authorized 
under peace officer commissions granted by both the States of 
Kentucky and Tennessee. While existing Federal laws and 
regulations do apply to National Recreation Area lands, it will 
take approximately six months to one year to establish Forest 
Service law enforcement procedures in the two Federal judicial 
districts which cover these lands. Therefore, the legislation 
provides that, during a transition period not to exceed one 
year, there will be cross-designation of law enforcement 
authority between the agencies to ensure that there is no 
interruption in public safety services.
      Finally, the Committees are extremely concerned about the 
impact of the transition on the permanent employees of TVA who 
work at LBL. The legislation guarantees a minimum of five-
months employment by TVA following a transfer. All LBL 
permanent employees should be given first notice of, and first 
consideration for, any jobs available with the Forest Service. 
Those employees who remain at LBL as employees of the Forest 
Service should experience no interruption in coverage for any 
retirement, health, leave, or other employee benefits with TVA 
continuing to fund any difference between Forest Service and 
TVA benefits. Years of service as a TVA employee will be 
transferred to the Forest Service for all purposes relating to 
Federal retirement. For those persons not retained by TVA or 
hired by the Forest Service, the bill provides a compensation/
severance package, including buyout packages, similar to those 
provided to other TVA employees in previous downsizing 
situations. TVA shall finance the costs associated with the 
severance/compensation packages and the Director of TVA shall 
report to the House and Senate Committees on Appropriations on 
the funding sources to be used to finance these activities.

                                TITLE VI

      Title VI provides legislative authority for land 
exchanges in the State of Washington as described in detail 
below.

                        Section 601. Short Title

      Section 601 entitles this section of the Conference 
Agreement the ``Interstate 90 Land Exchange Act of 1998.''

                   Section 602. Findings and Purpose

      Section 602 contains findings as to why the land exchange 
is in the public interest, and states that it is the purpose of 
the conference agreement to authorize, direct, facilitate and 
expedite the exchange.
      The offered and selected lands directed for exchange are 
based substantially on those recommended for exchange by the 
Forest Service pursuant to the NEPA process for the I-90 land 
exchange, including the public comments and participation 
therein. Such lands are also addressed substantially in the 
legislative history to accompany S. 2136, including public 
hearing records of the Senate Committee on Energy and Natural 
Resources.
      Issues which can only be addressed in statute by 
Congress, including assignment of mineral rights, establishment 
of Wilderness Study and Special Management areas, and 
recommendations on future exchanges, have been added to the 
legislation as a result of both the administrative and 
legislative records. The managers expect the legislation will 
be implemented consistent with such records, and the public 
interest. Therefore, the legislation contains no so-called 
``sufficiency'' language.

                        Section 603. Definitions

      Section 603 contains standard definitions of certain 
terms used in the legislation. The definition of the ``offered 
lands'' Plum Creek will convey to the Forest Service specifies 
that the offered lands will include both surface and subsurface 
(mineral) interests. In the event Plum Creek is unable to 
acquire all the mineral interests from third party owners prior 
to consummation of the exchange, subsection 604(c) of the 
conference agreement sets forth a procedure to convey land to 
the United States in lieu of certain subsurface interests. 
Likewise, the definition of the ``selected lands'' that Plum 
Creek will acquire from the Forest Service requires conveyance 
of both surface and subsurface interests by the Forest Service 
unless Plum Creek agrees otherwise.

                       Section 604. Land Exchange

      Subsection 604(a) states that the exchange will be 
consummated if Plum Creek conveys title acceptable to the 
Secretary in its (1) identified ``offered'' lands; (2) a 320 
acre tract of land to be donated to the United States or (3) if 
necessary, the two subsection 604(c) tracts of lands in lieu of 
certain subsurface interests, within 270 days of enactment of 
the conference agreement.
      Subsection 604(a) also identifies the approximate 62,384 
acres of ``offered'' lands Plum Creek will convey to the United 
States in the exchange. The offered lands comprise Plum Creek 
checkerboard in holdings within either the Mt. Baker-Snoqualmie 
or Wenatchee National Forests, and include sensitive lands in 
the upper Cle Elum River drainage (Scatter Creek), the West 
Fork Teenaway drainage, the Silver Creek area between Kachess 
and Cle Elum Lakes, Kelly Butte, lands along the Yakima River 
near Easton, North Ridge, Taneum Ridge, Mt. Clifty and Little 
Creek. Many of the offered lands are roadless and contain late 
successional forest deemed important for preservation and 
connectivity of habitat by the Northwest Forest Plan. The 
consolidation will also bring approximately 14 miles of the 
route ofthe Pacific Crest Trail into public ownership. The 
offered land acreage has been increased slightly since the committee 
bill with the addition of lands on the west side of Sawmill Creek in 
the Kelly Butte area.
      Subsection 604(b) identifies approximately 16,495 acres 
of Forest Service ``selected'' lands to be conveyed to Plum 
Creek in the exchange, and provides for their conveyance 
simultaneous with receipt of the Plum Creek offered lands. 
(Simultaneous conveyances are standard Federal land exchange 
practice pursuant to Section 3(a) of the Federal Land Exchange 
Facilitation Act of 1988 (43 U.S.C. 1716(e)). The selected 
lands are mostly intermingled with existing Plum Creek lands 
and are generally located in less environmentally sensitive 
areas than the Plum Creek offered lands the Forest Service will 
acquire. The selected land total has been decreased slightly 
since the Committee bill with the deletion of lands in Sawmill 
Creek drainage in the Kelly Butte area. It is the intent of 
section 604(b) of this part of the conference agreement which 
states ``that subject to existing valid rights'', to include 
Indian treaty rights and means that nothing in this Act, or the 
land exchange authorized herein, is intended to, nor shall it, 
diminish, modify, abrogate or otherwise affect any Indian 
reserved treaty right or the ability of Treaty Indians to 
exercise such rights under applicable federal law without 
regard to the land exchange. It is not the intent of this 
conference agreement to either expand or contract existing 
treaty rights.
      Subsection 604(c) states that if Plum Creek is unable to 
convey the full estate in the offered lands, it must compensate 
the United States by offering in lieu thereof two tracts of 
land on Cle Elum and Lost Lakes totaling approximately 524 
acres. This compensation provision is made in recognition of 
the fact that Plum Creek may not be able to acquire all mineral 
interests in the offered lands because they belong to third 
parties. If the provision of subsection (c) is triggered, the 
two additional tracts of land will be full compensation for any 
lacking mineral interests, and the appraisals required for the 
exchange will not have to be redone to reflect the addition of 
the Cle Elum and Lost Lake lands.
      Subsection 604(d) recognizes that Plum Creek has agreed 
to a voluntary donation of 320 acres of land near Mt. Margaret 
to the United States. This voluntary conveyance is to be 
considered a donation for all purposes of law, including its 
deductibility as a gift for tax purposes. It is the intention 
of the conference agreement, if the Secretary determines that a 
portion of the donated land qualifies for addition to the 
Alpine Lakes Wilderness Area, it be added to the Wilderness by 
the Secretary utilizing the Secretary's authority to do so 
under section 6(a) of the Wilderness Act. Unlike other 
wilderness designations and additions, which must be legislated 
by Congress, section 6(a) of the Wilderness Act gives the 
Secretary authority to make additions on his own in the case of 
donated lands lying adjacent to already designated wilderness.

      section 605. exchange valuation, appraisals and equalization

      Subsection 605(a) contains the standard Federal land 
exchange requirement that the values of the lands to be 
exchanged must be equal, as determined through traditional 
Federal appraisal procedures. If the values are not equal, they 
may be equalized by cash equalization payments subject to the 
standard 25% limitation of the Federal Land Policy and 
Management Act of 1976, as amended.
      Subsection 605(a)(2) recognizes that many of the lands to 
be exchanged lie within areas designated as critical habitat 
for threatened or endangered species, and that uncertainties 
accompanying such designations can make traditional appraisals 
difficult. In order to insure the equitable and uniform 
appraisal of the exchange lands, the bill provides that all 
lands will be appraised by determining highest and best use for 
both the offered and selected lands in accordance with the 
Washington State Forest Practices Act. This will insure that 
the Federal selected lands will not be undervalued for 
appraisal purposes if they are located in areas where current 
Federal law or land use plans might limit timber harvest, or 
create future harvest uncertainties that would reduce the 
land's appraised value for purposes of the exchange.
      Subsection 605(a)(4) also specifies all timber harvest on 
the offered lands will cease not later than November 30, 1998, 
except for post-harvest work, and that a copy of the final 
appraisal will be made available for public inspection in the 
Wenatchee Forest Supervisor's office 30-45 days before exchange 
consummation.
      Subsection 605(b) provides that once the appraised values 
of the offered and selected lands have been approved by the 
Forest Service, they need not be reappraised or updated prior 
to completion of the exchange, except for adjustments for 
timber harvest which may occur before November 30, 1998, or for 
cultural and historic resources under subsection 606(g).
      Subsection 605(c) provides that if the final appraised 
value of the Plum Creek offered lands exceeds the value of the 
Forest Service selected lands, certain identified and 
prioritized offered lands will be deleted from the exchange by 
Plum Creek. The deletions, if necessary, are to be made in the 
precise order listed and directed by Congress until the values 
are approximately equalized.
      Subsection 605(d) provides that if the value of the 
Forest Service selected lands to be conveyed to Plum Creek 
exceeds the value of the Plum Creek offered lands, the Forest 
Service will delete identified and prioritized selected lands 
from the exchange until the values are approximately equalized.
      Subsection 605(e) provides for traditional cash 
equalization payments to cover any balance due either Plum 
Creek or the Secretary once any mandated deletions under 
subsections 605 (c) or (d) have been made. However, it is 
anticipated that any such cash payments will be relatively 
small, because subsections (c) and (d) should take care of any 
major value equalization that is needed. If the listed deletion 
parcels for either the offered or selected lands are 
insufficient to cover the equalization needed, cash payments to 
either the Secretary or Plum Creek will make up any difference.
      Subsection 605(f) provides that any cash equalization 
payments received by the United States will be retained by the 
Secretary and used to purchase lands in the State of Washington 
from willing sellers for addition to the National Forest 
System.

                 Section 606. miscellaneous provisions

      Subsection 606(a) provides that lands acquired by the 
Forest Service inthe exchange will be managed as National 
Forest System lands in accordance with applicable laws, rules and 
regulations. The acquired lands will have the status of Weeks Law 
lands. Lands acquired by Plum Creek will become private lands for all 
purposes of law unless the deed of transfer from the United States 
contains a specific reservation.
      Subsection 606(b) pertains to post-exchange access to the 
lands Plum Creek and the Forest Service will acquire. Congress 
finds that both parties should have adequate and timely access 
to the lands they acquire and recognizes that most of this 
access will be over already existing primary, secondary or 
other roads.
      Subsection 606(b)(2) states the intention of Congress 
that Plum Creek have access to all lands it acquires and when 
such access requires the construction of new roads, that it be 
granted in compliance with the National Environmental Policy 
Act (NEPA), the Endangered Species Act (ESA) and the National 
Historic Preservation Act (NHPA) and their implementing 
regulations.
      Within Cost Share Construction and Use Agreement Areas, 
road access to the lands Plum Creek and the Forest Service will 
acquire will be granted at no cost to either party upon 
consummation of the exchange in accordance with the appropriate 
terms and procedures of the applicable Agreements. Because most 
of such access will be over already existing roads, it is not 
anticipated that significant work will be required by either 
party to grant the access directed.
      Outside of Cost Share Construction and Use Agreement 
Areas, Plum Creek will be granted access at no cost in 
accordance with Forest Service Handbook 2709.12,35. In the case 
of new road construction, such access easements shall conform 
to the Secretary's rules and regulations 36 CFR 251, subpart B, 
including mitigation under existing law. Most of this access 
will be over already existing roads. However, Congress is aware 
of at least two situations where Plum Creek will need two short 
stretches of new roads for access to lands near Watch Lake in 
the Gifford Pinchot National Forest. These two new road 
stretches, and any other new road needs of which Congress is 
not currently aware, will require such analysis as may be 
required pursuant to EPA and the ESA.
      Subsection 606(c) requires Plum Creek to grant access to 
the Forest Service at no cost outside Cost Share Construction 
and Use Agreement Areas on locations identified by the 
Secretary and in a format acceptable to the Secretary.
      Subsection 606(d) states the intention of Congress that 
the land exchange be completed no later than 270 days after 
enactment of the I-90 exchange legislation. Both parties are, 
however, encouraged to make every effort to consummate the 
exchange at the earliest possible date that proves feasible 
under the timetables set out in the legislation. However, the 
language allows the deadline to be extended by mutual agreement 
of Plum Creek and the Secretary. Its intent is to allow 
flexibility in the event, as sometimes happens with land 
exchanges, that unanticipated title, deed or other 
complications with the land transfer arise prior to 
consummation.
      Subsection 606(e) withdraws the lands to be conveyed to 
Plum Creek from the operation of the mining, mineral leasing 
and other public land entry laws if they have not previously 
been segregated or withdrawn. This will prevent any staking of 
any mining claims, or creation of other encumbrances on title 
to the selected lands prior to their transfer to Plum Creek.
      Subsection 606(f) permanently withdraws lands acquired by 
the Secretary in two Townships north of Cle Elum Lake from the 
operation of the mining, mineral leasing and geothermal leasing 
laws. These sensitive lands lie along the upper Cle Elum River 
and near Cle Elum Lake and/or the Alpine Lakes Wilderness Area, 
and the withdrawal is intended to prevent any future mineral 
activity on these particularly sensitive lands.
      Subsection 606(g) establishes a specific procedure for 
Plum Creek to request and obtain the deletion of small tracts 
of selected land from the final conveyance if Plum Creek 
determines that deed restrictions or mitigation requirements on 
some of the land it is scheduled to acquire will constitute an 
unacceptable encumbrance on the land. The language will require 
full compliance with the provisions of the National Historic 
Preservation Act (NHPA), but will insure that all inventories, 
consultation and other requirements of the NHPA are performed 
in a time frame that will allow Plum Creek and other consulting 
parties to review any proposed protection deed restrictions or 
mitigation requirements, and request any deletions, well in 
advance of exchange consummation. If lands are deleted from the 
conveyance to Plum Creek under subsection 606(g), they will 
remain in Forest Service ownership.
      Subsection 606(h) states that the Secretary shall not 
grant any road easements to Plum Creek that would access the 
offered lands listed in subsection 604(a) prior to consummation 
of the exchange. However, this provision will not apply if 
either party withdraws from the exchange. Plum Creek currently 
has access permits requested over adjacent national forest 
lands for roads into many of the offered lands, but these 
requests will, obviously, become unnecessary if the offered 
lands are transferred to the Secretary. Thus the pending access 
requests will be suspended unless or until either party 
withdraws from the exchange or a parcel or parcels of offered 
land are dropped from the exchange. It is noted that subsection 
606(h) applies only to access requests to the Plum Creek 
offered lands identified for transfer to the United States. 
Plum Creek requests for access to its lands that are not 
involved in the exchange are not covered or affected by the 
access limitation of subsection 606(h).

                       section 607. land purchase

      Section 607 finds that Plum Creek has indicated its 
willingness to consider selling certain lands to the United 
States that are not included in the exchange. It directs the 
Secretary to consult with Plum Creek on the lands it is willing 
to sell, and states Congress' intention that such lands be 
purchased from Plum Creek, subject to the future availability 
of funds. It is the intention that such lands be purchased 
using Land and Water Conservation Fund moneys, which must be 
appropriated by Congress in future years. Subsection 607(c) 
also clarifies that nothing in the legislation will be 
construed limiting the Secretary's authority to enter 
additional agreements or contracts to acquire Plum Creek lands 
in Washington or any other state.

                    section 608. tieton river study

      In addition to lands along the I-90 corridor, Plum Creek 
ownscheckerboard lands in Township 14 North, Range 15 East, 
Willamette Meridian. These lands are located along the Tieton River in 
Yakima County, Washington, and the lands along the river corridor 
itself have been suggested for Federal acquisition by many conservation 
groups. Section 608 directs the Secretary to consult with Plum Creek 
concerning opportunities for the United States to acquire such lands by 
purchase or exchange.
      The Secretary's findings on the area will be included in 
the report to Congress mandated by Section 609.

             Section 609. Future Land Exchange Opportunity

      Section 609 directs the Secretary to consult with Plum 
Creek and study future land exchange opportunities for the 
United States to acquire Plum Creek lands not included in the 
legislated exchange. Specific areas for study include Plum 
Creek lands in and around the Carbon River near Mt. Rainier 
National Park, the Yakima River, the Pacific Crest Trail, Goat 
and Watch Mountains on the Gifford Pinchot National Forest, the 
Green River, and the Manashtash late successional reserve. This 
study, and the report thereon to Congress are mandated because 
Plum Creek, the Forest Service, conservation groups and others 
have suggested a follow-up land exchange. In addition, if Plum 
Creek lands are deleted from the legislated exchange under 
subsection 605(c) in order to achieve value equalization, both 
Plum Creek and the Forest Service have indicated their desire 
to have them evaluated for future exchange.
      The Forest Service is, therefore, directed to study the 
follow-up exchange opportunity and to report its findings 
thereon no later than 18 months after enactment of the 
legislation. The report will include the Secretary's 
recommendations as to the most urgent future purchase or 
exchange priorities. It is noted that Ski Lifts, Inc., which 
operates 4 ski areas in the vicinity of Snoqualmie Pass, owns 
significant private lands near the Pacific Crest Trail. The 
Crest Trail is one of the areas which Section 609 specifically 
identifies for future land exchange consideration. As the Ski 
Lifts, Inc. lands in the area are heavily intermingled with the 
Forest Service and Plum Creek lands to be considered for a 
future exchange, and as Ski Lifts, Inc. may want to exchange 
its lands with the Forest Service, or acquire land from Plum 
Creek to exchange to the Forest Service in return for certain 
national forest lands in or near its ski area base or permit 
areas, the Forest Service should include an analysis of the Ski 
Lifts, Inc. exchange opportunities in its report to Congress.

                   Section 610. Wilderness Study Area

      Section 610 designates a 15,000 acre Alpine Lakes 
Wilderness Study Area along the south side of the existing 
Alpine Lakes Wilderness Area if the land exchange is 
consummated. The WSA contains lands which will be acquired from 
Plum Creek in the exchange as well as adjacent national forest 
lands. The language directs the Secretary to study the area as 
to its suitability for addition to the Alpine Lakes Wilderness 
and report his findings to the President. The President will 
then, within three years of enactment of this legislation, 
report his recommendation concerning wilderness designation of 
the area to Congress.
      As with most WSA's that have been designated by Congress 
in the past, the Secretary is directed to manage the WSA to 
maintain its wilderness character existing as of the date of 
enactment of the legislation and potential for inclusion in the 
National Wilderness Preservation System for the duration of the 
study. This means that no development, commercial timber 
harvest or other land disturbance that would change the area's 
wilderness nature as it exists on the date of enactment of the 
legislation will be allowed. In addition, no activities which 
are incompatible with wilderness, such as motorized recreation, 
should be allowed or expanded into areas of the WSA where they 
are not already occurring. However, existing motorized and non-
motorized uses shall be allowed to continue at their present 
levels and shall not be terminated unless Congress passes 
legislation designating areas where such uses exist as 
wilderness areas.
      At the conclusion of the study, the 15,000 acres will 
continue to be maintained in its existing wilderness character 
unless Congress has enacted legislation stating otherwise or 
until December 31, 2003 at which time the area will be managed 
as it was immediately prior to the study period. Section 610 
also withdraws the WSA from mining and mineral leasing subject 
to valid existing rights.

            Section 611. Kelly Butte Special Management Area

      Section 611 designates a 5,642 acre Kelly Butte Special 
Management Area in and around Kelly Butte in the upper Green 
River drainage in the Mt. Baker-Snoqualmie National Forest. The 
protected area encompasses the core Kelly Butte area in which 
lands are exchanged under the legislation and runs from West of 
Rock Creek to the center of Sawmill Creek. A detailed map of 
the protected area, with special notes on the location of the 
eastern boundary at the Center of Sawmill Creek,accompanies the 
bill.
      The Special Management Area designation is made in 
recognition of the area's interesting mix of geology, mid and 
late successional forest, diverse flora and fauna, outdoor 
recreational opportunities and other values. In addition, the 
Kelly Butte area designated for protection is mostly roadless, 
receives traditional use by native American peoples, and 
produces high quality water flows into the Green River, which 
is the drinking water supply for the City of Tacoma.
      Section 611 specifies that the area be managed to 
preserve and enhance its many natural values and prohibits 
commercial timber harvest, and the use of motorized vehicles in 
the area, except for administrative purposes or in emergencies. 
It also withdraws the areas from mining and mineral leasing 
subject to valid existing rights.
      Subsection 611(c) states Congress' intention that the 
designation of the Special Management Area will not lead to the 
creation of protected perimeters or buffer zones around the 
Area. This means that activities or land uses on lands outside 
the Area which are not compatible with the Area (such as timber 
harvesting) can occur up to the boundary of the Area and will 
not be restricted by their proximity to the Area of the fact 
that they can be seen or heard from within the Area.

                 Section 612. Effect on County Revenues

      Section 612 recognizes that certain counties, and 
particularly Kittitas County, Washington, will lose certain 
revenues (timber severance taxes etc.) that they currently 
derive from the Plum Creek lands that will be transferred to 
the Forest Service. Although some of these revenue losses may 
be offset by Federal payment in lieu of taxes (PILT) moneys, 
Kittitas and other counties may experience a net revenue loss 
from the exchange.
      Section 612, therefore, directs the Secretary to consult 
with the appropriate Committees of Congress and elected 
officials of the counties in which the offered lands are 
located regarding options to minimize the adverse affect of 
county revenues.

                          Legislative History

      Legislation to authorize and direct the I-90 land 
exchange was introduced in the Senate on June 6, 1998 as S. 
2136. On July 22, 1998, the Subcommittee on Forests and Public 
Land Management held a hearing on S. 2136 at which testimony 
was received from the U.S. Forest Service, the Plum Creek 
Timber Company, the Sierra Club, the Mountaineers, the Alpine 
Lakes Protection Society and the Western Land Exchange Project. 
Written testimony for the hearing record was also received from 
Ski Lifts, Inc and the Muckleshoot tribe. On September 23, 
1998, S. 2316 was ordered favorably reported by the Committee 
on Energy and Natural Resources after adoption of an amendment 
in the nature of substitute. The conference agreement as worked 
out by Senators Gorton and Murray, the Senate Energy and 
Natural Resources Committee, Congressman Doc Hastings, 
representatives of the Forest Service, Plum Creek and others 
represents a refinement of the September 23, 1998 Committee 
bill.

                               TITLE VII

      The conference agreement includes language in Title VII 
that involves tort liability insurance for Indian tribal 
governments as a system of redress for persons injured by 
official actions of these governments. During Senate hearings 
on this subject, insurance experts testified that it is 
necessary to look at the interaction between Federal Tort 
Claims Act coverage and the private liability insurance that 
many tribes have bought in order to determine what insurance 
gaps currently exist.
      The Committees direct the Secretary of the Interior, in 
consultation with the Secretary of Health and Human Services 
and the tribes, to conduct a survey of the degree, type, and 
adequacy of liability insurance coverage of Indian tribes. It 
is intended that the survey would determine where the gaps are 
in either the Federal Tort Claims Act or private insurance 
coverage, or both, and in turn make recommendation to the 
Committees on how such gaps can be filled. The Secretary is 
required to submit the findings of the survey and specific 
recommendations in a report to the Committees no later than 
June 1, 1999.

                   CONFERENCE TOTAL--WITH COMPARISONS

      The total new budet (obligational) authority for the 
fiscal year 1999 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998... $14,109,493,000
Budget estimates of new (obligational) authority, fiscal 
    year 1999...........................................  14,268,257,000
House bill, fiscal year 1999............................  13,489,504,000
Senate bill, fiscal year 1999...........................  13,657,706,000
Conference agreement, fiscal year 1999..................  14,105,651,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998..............................................      -3,842,000
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................    -162,606,000
    House bill, fiscal year 1999........................    +616,147,000
    Senate bill, fiscal year 1999.......................    +447,945,000

 SECTION 101(f): DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

      The conferees on H.R. 4328 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the differences in the House and Senate 
versions (H.R. 4274 and S. 2400) of the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, by members of the appropriations 
subcommittee of both the House and Senate with jurisdiction 
over H.R. 4274 and S. 2440.
      In implementing this agreement, the Departments and 
agencies should comply with the language and instructions set 
forth in House Report 105-635 and Senate Report 105-300. In the 
case where the language and instructions specifically address 
the allocation of funds, the Departments and agencies are to 
follow the funding levels specified in the Congressional budget 
justifications accompanying the fiscal year 1999 budget or the 
underlying authorizing statute and should give full 
consideration to all items, including items allocating specific 
funding included in the House and Senate reports. With respect 
to the provisions in the House and Senate reports that 
specifically allocate funds, each has been reviewed and those 
which are jointly concurred in have been included in this joint 
statement.
      The Departments of Labor, Health and Human Services and 
Education, and Related Agencies Appropriations Act, FY 1999, 
put in place by this bill, incorporates the following 
agreements of the managers:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

      The conference agreement appropriates $5,272,324,000, 
instead of $4,000,873,000 as proposed by the House and 
$5,409,375,000 as proposed by the Senate.
      The agreement includes language inserting a legal 
citation to the Workforce Investment Act of 1998 as proposed by 
the Senate to fund a specific project authorized by the new 
law. It also includes language proposed by the Senate modified 
to identify funds for youth job training activities, making the 
funds available for the period April 1, 1999 through June 30, 
2000, and specifying an amount and a legal citation for youth 
opportunity grants. It includes language proposed by the Senate 
providing that job training funds may be used for transition 
to, and implementation of, the provisions of the Workforce 
Investment Act of 1998. The House had no similar provisions.
      The agreement also includes language authorizing the use 
of demonstration funds under title III of the Job Training 
Partnership Act (dislocated workers) for projects that provide 
assistance to new entrants in the workforce and incumbent 
workers as proposed by the Senate. It also includes language 
proposed by the Senate allowing service delivery areas to 
transfer funding between the youth job training and summer 
youth programs with the approval of the Governor. The House had 
no similar provisions.
      The conference agreement does not include an advance 
appropriation of $250,000,000 for fiscal year 2000 proposed by 
the Senate for youth opportunity grants. This new program was 
funded at $250,000,000 for fiscal year 1999 only, instead of 
$125,000,000 as proposed by the Senate and no funding as 
proposed by the House. Funding for fiscal year 2000 will be 
addressed in the fiscal year 2000 appropriations bill.
      The Labor Department is encouraged to make available 
funds and provide technical assistance to the Role Models 
America Academy Demonstration Program.
      The conference agreement includes the following amounts 
for the following projects and activities:
Dislocated Workers
      --$5,000,000 for Special Olympics-1999
      --$1,500,000 for Special Olympics-2001
      --$500,000 for a high-technology training initiative on 
the Island of Maui in Hawaii
      --$500,000 for the Bethel Native Corporation in Bethel, 
Alaska to provide high technology computer-based training to 
Alaska Natives
      --$1,000,000 for U. of Texas, Brownsville, for model 
worker retraining
      --$1,000,000 for the Iowa Training Opportunities Program
      --$1,000,000 for Twin Cities Community Development Center 
Worklink to plastics employment initiative
      --$1,000,000 for the York Skill Center, York, PA
      --$1,000,000 to continue funding of the JOBLINKS program
      --$300,000 ($900,000 over three years contingent upon 
adequate performance), for a dislocated/incumbent worker 
project at the University of Wisconsin-Superior at its 
Transportation/Logistics Studies Center.
Native Americans
      --$4,000,000 for co-location construction in Hawaii under 
the Workforce Investment Act of 1998.
Pilots and Demonstrations
      --$3,000,000 for Samoan/Asian Pacific job training in 
Hawaii
      --$675,000 for the Southwest Pennsylvania Employment Plus 
Job Training Program
      --$2,500,000 for training and educational opportunities 
for adults in Hawaii
      --$1,250,000 for Ilisaquik College in Barrow, Alaska
      --$250,000 for Koahnic Broadcasting, Inc. in Anchorage, 
Alaska
      --$1,000,000 for Kawerak, Inc. in Nome, Alaska for 
continuation or initiation of vocational job training programs 
for Alaska Natives
      --$1,000,000 for the Alaska Federation of Natives 
Foundation, consistent with the goals of section 13 of the 
bylaws of that organization, to develop and train highly 
skilled Alaska Native workers for year-round employment within 
the petroleum industry in Alaska
      --$2,000,000 for the Guadalupe Center in Kansas City, MO 
for culinary and cultural arts
      --$1,000,000 for Center Point, Marin County, CA, 
employment for recovering addicts
      --$500,000 for Project Horizons for New Opportunities, 
Berkshire County, MA, adult prisoner project
      --$250,000 for SER Jobs for Progress (HEP program), Del 
Rio and Laredo, TX
      --$250,000 for Motivation Education and Training, Inc., 
Laredo, TX
      --$500,000 for the State of Vermont for a high skills 
training consortia for the healthcare information systems and 
support industry.
      The agreement also provides $4,000,000 to fund the child 
care apprenticeship initiative requested in the President's 
budget and $5,000,000 to fund the seasonal farmworker youth 
activities requested in the President's budget. It is 
recommended thatthe funds for the latter initiative be 
transferred to the migrant and seasonal farmworker program to be 
administered in conjunction with the adult program.
      The conference agreement sets aside certain amounts of 
money to be utilized for competitive awards under the 
dislocated workers program and under pilots and demonstrations 
as discussed in the following paragraphs. In administering 
these competitions, the Department is to give full and fair 
consideration, consistent with current practices and policies, 
to applications submitted by the institutions and entities 
identified in the Senate Report.
      Under dislocated workers, the conference agreement 
includes $7,200,000 for competitions for grants or contracts 
for creation of projects and/or industry-led consortia for the 
purpose of upgrading current workers, designing or adapting 
training curricula in skills shortage occupational areas or in 
regionally important business/industry areas, including 
manufacturing and machining, and specialized industrial areas 
such as plastics, telecommunications and the environment, and 
to recruit/retrain workers in these occupations. The dislocated 
and/or incumbent workers who will be assisted by these efforts 
include specific groups such as agricultural workers, low-
skilled workers, and those needing assistance in overcoming 
barriers to employment. These barriers to employment may be 
caused by living in rural communities, having limited options 
for transportation to work, having inadequate or obsolete 
skills or having skills in declining occupations. The focus of 
these efforts will be on skills training in skills shortage 
occupations including welding and metals, new and growing 
occupations in technological fields including information 
technology, telecommunications, and other fields in which 
technology skills are critical parts of the jobs emerging in 
their regional labor markets. Any consortia established as a 
result of these competitions would also be expected to enhance 
the strategic planning and policy efforts of local boards under 
the Workforce Investment Act in these areas. The Department 
will establish ranges for these competitive awards.
      Under pilots and demonstrations, the conference agreement 
includes $9,000,000 for competitions to award grants that 
provide job training and related services aimed at high-risk 
youth and adults, including displaced homemakers and older 
workers, and those adults or youth who are under the 
supervision of the criminal justice or penal systems, or who 
are living in foster care, homeless facilities, and public or 
assisted housing. Barriers to employment faced by these 
individuals include homelessness, addiction recovery, criminal 
records or reentry from prison or other justice-related or 
social service-related institutions. In setting aside these 
funds, the conferees want to provide quality job training 
(including basic skills and pre-apprenticeship as appropriate) 
and related services, including follow-up services, tailored to 
the interests and aptitudes of the client population that 
facilitates at-risk youth and adults returning to their 
communities. These services should link human, educational, 
workforce development, and transportation services and build 
connections to local workforce investment systems. One key 
focus of these efforts will be on skills training in new and 
growing occupations in technological fields including 
information technology, telecommunications, and other fields in 
which technology skills are critical parts of the jobs emerging 
in their regional labor markets. The Department will establish 
ranges for these competitive awards.
      Also under pilots and demonstrations, the conference 
agreement includes $9,000,000 for competitions for the creation 
of regional consortia for the purpose of assessing employer 
skills needs to upgrade current workers, assessing the need for 
closing the gaps between the skills needed by business/industry 
and the skills held by regional workers, designing or adapting 
training curricula in skills shortage occupational areas or in 
regionally important business/industry areas including 
manufacturing and machining, and specialized industrial areas 
such as plastics, telecommunications, and the environment, and 
recruit/retrain workers for these occupations and other 
emerging occupations related to technology. These regional 
consortia would also be expected to enhance the strategic 
planning and policy efforts of local boards under the Workforce 
Investment Act in these areas. These regional consortia would 
consist of a range of interested organizations including 
employers, labor unions, technical centers, community colleges 
and other community organizations addressing the needs of 
specific cultures and other committed private and governmental 
organizations. The Department will establish ranges for these 
competitive awards.
      The Department is strongly encouraged to make an award 
out of the discretionary funds available in Fiscal Year 1999 
for competitive welfare-to-work grants, up to $5,000,000 to the 
Center for Workforce Preparation. These funds are to be used in 
the private sector to develop best practices, model programs, 
and networks to exchange information among local and state 
Chambers of Commerce and employers regarding welfare recipients 
seeking employment.
      The Department is encouraged to give careful 
consideration to a welfare-to-work proposal submitted by 
Opportunity America which assists teenage mothers to break the 
cycle of welfare by continuing their education and obtaining 
employment.
      For discretionary grants being provided for the 
Philadelphia Naval Shipyard IV Project encouraged in last 
year's appropriation to the Labor Department, the Department 
should use the following in determining eligibility:
      Incumbent Workers--Workers who are currently employed on 
a full or part time basis, a majority of whom are expected to 
have been impacted by a mass lay-off or closure in the 
shipbuilding industry (in southeastern Pennsylvania) as 
referenced in the statement of managers within House Report 
105-390; and are also in need of employment and training 
services to upgrade their job-related skills and competencies 
in order to facilitate their return to high quality training 
and jobs being created in the shipbuilding industry; without 
regard to any education, training or readjustment services they 
may have been provided at any point in the past from federal, 
state, or local funds.

     State Unemployment Insurance and Employment Service Operations

      The conference agreement appropriates $3,294,173,000, 
instead of $3,274,573,000 as proposed by the House and 
$3,239,573,000 as proposed by the Senate.
      The conference agreement does not include a rescission of 
$40,000,000 of fiscal year 1999 funds, as proposed by the 
Senate, for Year 2000 computer conversion costs which were 
provided as an advance appropriation in the fiscal year 1998 
appropriations bill. The House had no similar provision. The 
agreement includes $36,300,000 for the alien labor 
certification program as proposed by the Senate instead of 
$31,300,000 as proposed by the House. For unemployment 
insurance contingency costs, the agreement includes 
$180,933,000, instead of $196,333,000 as proposed by the House 
and $186,333,000 as proposed by the Senate. And for the 
Learning Anytime/Anywhere initiative, the agreement includes 
$10,000,000 as proposed by the Senate.
      The agreement includes $2,135,125,000 for base State 
allocations for unemployment insurance administration. This is 
$20,000,000 more than the House and Senate bills. The increase 
of $20,000,000 is for integrity and other activities that 
States determine are essential in the administration of the 
unemployment insurance program. The Department shall allocate 
these funds in the following manner: each State shall receive 
an additional 0.8 percent of its base allocation. In addition, 
each State shall receive an additional $340,000 if its 
productivity factors are among the five lowest in at least two 
of the six productivity categories. Furthermore, States that 
meet this criterion and have one of the ten lowest combined 
personal services and personnel benefits rates shall receive a 
prorata share of the balance.
      It has been learned that the Labor Department is 
interpreting section 3304(a)(15) of the Federal Unemployment 
Tax Act (FUTA) with regard to senior actors, writers, and other 
workers in the entertainment industry in a manner that appears 
to be contrary to the intent of Congress when it passed that 
Act. The section was meant to apply only to employees that 
worked for one company, then return to work for the identical 
company, and subsequently qualify for unemployment 
compensation. Section 3304(a)(15) is currently being 
interpreted by the Department, however, to require that 
entertainment industry professionals' unemployment benefits be 
offset by the total amount of theirpension plan compensation 
because the employee receives pension distributions from the same 
multi-employer plan, even when the employee goes to work for a 
different company. Such an interpretation penalizes the actor or other 
industry professional for accepting an entertainment industry job to 
supplement his or her fixed income. The Department is urged to 
determine whether it can devise an administrative remedy to exempt this 
group of individuals from this section or whether clarifying 
legislation will be needed and to report back on its findings and 
actions to the Committees of jurisdiction by January 15, 1999.

              Pension and Welfare Benefits Administration

                         Salaries and Expenses

      The conference agreement appropriates $90,000,000, 
instead of $86,159,000 as proposed by the House and $88,076,000 
as proposed by the Senate.

                  Employment Standards Administration

                         Salaries and Expenses

      The conference agreement appropriates $314,000,000, 
instead of $312,333,000 as proposed by the House and 
$311,333,000 as proposed by the Senate. The agreement includes 
$1,000,000 in the Office of Labor-Management Standards to 
continue the development of a system for the electronic filing 
of reports required to be filed under the Labor-Management 
Reporting and Disclosure Act of 1959 and for a computer 
database of the information for all submissions by whatever 
means that is indexed and easily searchable by the public 
through the Internet. The conference report fully funds the 
domestic child labor initiative requested in the budget.
      The Department of Labor's Office of Workers' Compensation 
Programs (OWCP) is encouraged to continue working with the U.S. 
Postal Service and other Federal agencies to reduce medical 
costs under the Federal Employees' Compensation Act (FECA) 
without detracting from the quality of medical care provided to 
injured workers. OWCP should give careful consideration to 
incorporating private sector concepts into management of 
medical costs of the FECA program where such approaches will 
improve overall efficiency and are consistent with injured 
workers' right of first choice of physician and other statutory 
objectives.

             Occupational Safety and Health Administration

                         Salaries and Expenses

      The conference agreement appropriates $353,000,000, 
instead of $348,983,000 as proposed by the Senate and 
$336,678,000 as proposed by the House. The agreement contains 
the House amount of $40,943,000 for State consultation grants. 
It also includes $133,896,000 for Federal enforcement, instead 
of $123,316,000 as proposed by the House and $133,182,000 as 
proposed by the Senate.
      The agreement does not include an earmark of not less 
than $300,000 for peer review of safety and health standards as 
proposed by the House. The Senate had no similar provision.

                 Mine Safety and Health Administration

                         Salaries and Expenses

      The conference agreement appropriates $211,165,000 as 
proposed by the Senate instead of $203,397,000 as proposed by 
the House. The detailed table at the end of this section of the 
joint statement of the managers reflects the allocation of 
funds agreed upon.
      Safety training for workers continues to be a high 
priority for the mining industry and MSHA. The industry (the 
Coalition for Effective Miner Training) and MSHA both 
acknowledge that the current training regulations do not 
address the needs of the industry or of miners in the most 
effective manner and have agreed to work together to improve 
safety training. MSHA is directed to work with the affected 
industries, mine operators, workers, labor organizations, and 
other affected and interested parties to promulgate final 
training regulations for the affected industries by September 
30, 1999. It is understood that these regulations are to be 
based on a draft submitted to MSHA by the Coalition no later 
than February 1, 1999. Furthermore, MSHA is expected to submit 
a report prior to its appropriations hearing on the FY 2000 
budget outlining the progress that has been made and the 
Coalition is encouraged to submit a similar report prior to the 
close of the public rulemaking comment period. In addition, 
MSHA is directed to work with industry representatives and 
labor representatives during a transition period prior to the 
effective date of the regulations to ensure that mine operators 
and miners have sufficient opportunity to become aware of and 
familiar with the revised training rules. The conference 
agreement contains a technical amendment to the existing 
provision to allow MSHA to expend funds to propose and 
promulgate final training regulations for the workers at the 
mines affected by the prohibition.

                       Bureau of Labor Statistics

                         Salaries and Expenses

      The conference agreement appropriates $398,870,000 as 
proposed by the House instead of $390,889,000 as proposed by 
the Senate.

                        Departmental Management

                         Salaries and Expenses

      The conference agreement appropriates $191,131,000, 
instead of $163,770,000 as proposed by the House and 
$188,762,000 as proposed by the Senate. The conference 
agreement includes technical changes proposed by the Senate 
with respect to appeals of decisions made by the Benefits 
Review Board under the Longshore and Harbor Workers' 
Compensation Act.
      Of this amount, up to $1,000,000 is for the purpose of 
awarding grants to one or more private, non-profit 
organizations for the purpose of developing and publicizing 
factual information about the use of child labor, creating 
innovative partnerships to address child labor, and organizing 
a public dialogue about best-practice solutions to the problem 
of child labor worldwide.
      It is the intent of the conference agreement that the 
Department of Labor continue its work to establish a 
methodology and format for reporting regularly on the use of 
sweatshops in the production of apparel for import into the 
United States. It is now appropriate for the Department to 
conduct a pilot study to apply its methodology to working 
conditions in the apparel industry in a limited number of 
apparel-exporting countries, based on any indicators that have 
been developed by the Department.
      The agreement includes $500,000 for the funding of the 
Twenty-First Century Workforce Commission as authorized by the 
Workforce Investment Act of 1998. This Commission is to conduct 
a study of the information technology workforce in the United 
States.

        Assistant Secretary for Veterans Employment and Training

      The conference agreement includes two additional legal 
citations to title 38 of the United States Code as proposed by 
the Senate.

                      Office of Inspector General

      The conference agreement appropriates $47,500,000, 
instead of $46,272,000 as proposed by the House and $48,500,000 
as proposed by the Senate.

                           GENERAL PROVISIONS

                           Job Corps Pay Cap

      The conference agreement includes a general provision 
limiting the use of Job Corps funds to pay the compensation of 
an individual at a rate in excess of Level III of the Executive 
Schedule, instead of $125,000 as proposed by the House. The 
Senate bill had no pay cap.

                            Welfare-to-Work

      The conference agreement includes a general provision as 
proposed by the Senate that has the effect of rescinding 
certain formula grant funds under the welfare-to-work program 
where States have not claimed the funds by the end of the 
fiscal year. The House had no similar provision.

                            OSHA Peer Review

      The conference agreement does not include a general 
provision proposed by the House that would have required the 
Occupational Safety and Health Administration to establish peer 
review panels to review the scientific and economic data which 
form the basis for any new safety or health standard. The 
Senate had no similar provision.

                         Black Lung Regulations

      The conference agreement does not include a general 
provision proposed by the House that would have prohibited any 
final revisions to the black lung program regulations until the 
Office of Advocacy of the SBA and the Office of Information and 
Regulatory Affairs of the OMB have certified to the Congress 
that the revisions comply with the Small Business Regulatory 
Enforcement Fairness Act (SBREFA) and the Regulatory 
Flexibility Act. The Senate had no similar provision.
      It is understood that procedural errors have occurred 
during the initial proposal process on these regulations and 
that the Department is currently addressing these. The 
Department is directed to be in full compliance with the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) and the 
Regulatory Flexibility Act prior to finalizing these 
regulations. In addition, the Department is directed to provide 
advance notification to the Committees of any publication in 
the Federal Register having to do with these regulations.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     Health Resources and Services

      The conference agreement includes $4,108,040,000 for 
Health Resources and Services instead of $3,888,522,000 as 
proposed by the House and $3,885,900,000 as proposed by the 
Senate.
      The conference agreement includes bill language 
identifying $65,345,000 for the construction and renovation of 
health care and other facilities instead of $30,000,000 as 
proposed by the Senate. The House bill contained no similar 
provision. These funds are to be used for the following 
projects: University of Pennsylvania School of Dental Medicine; 
Magee-Womens Hospital of Pittsburgh, PA; Philadelphia College 
of Osteopathic Medicine; Fulton County Medical Center in PA; 
Mercy Health System of Philadelphia; Heflin Human Genetics 
Center at University of Alabama; Montefiore Hospital in the 
Bronx, NY; Eastern Band of Cherokee Indians in NC; University 
of Colorado Health Sciences Center; Delta Health Center of 
Mound Bayou, MS; Jackson-Hinds Comprehensive Health Center, 
Jackson, MS; Alaska Family Practice Residency Program; repair 
and construction of health centers in Iowa; Lawton and Rhea 
Chiles Center for Healthy Mothers and Babies at University of 
South Florida in Tampa; University of South Carolina; National 
Jewish Hospital in Denver, CO; the National Center for 
Nanofabrication and Molecular Self-Assembly at Northwestern 
University, Evanston, IL; Northwestern Memorial Hospital; the 
Center for Research on Aging at Rush-Presbyterian-St. Luke's 
Medical Center in Chicago, IL; the Park DuValle Community 
Health Center in Louisville, KY; Memorial Hospital Southwest in 
Houston, TX; Little Flowers Children's Services, Wading River, 
NY; Englewood Hospital and Medical Center, Englewood, NJ; 
Bowman Gray School of Medicine in Winston-Salem, NC; Clearwater 
Free Clinic in FL; Residential Treatment Center in Hamburg, NY; 
Wilberforce University in Ohio; Central State University in 
Ohio; Children's Hospital in Washington, DC; Dickstein Cancer 
Treatment Center, White Plains Hospital, White Plains, NY; 
University of NC at Chapel Hill; Great Brook Valley Community 
Health Center in Mass; Worcester City Campus Corp. in Mass; 
Tuskegee University in Alabama; University of Missouri-
Columbia; and Oregon Health Sciences University.
      The conference agreement includes bill language 
identifying $215,000,000 for the family planning program as 
proposed by the Senate instead of $202,903,000 as proposed by 
the House.
      The conference agreement includes bill language 
identifying $461,000,000 for the Ryan White Title II State AIDS 
drug assistance programs. The House bill identified 
$385,500,000 and the Senate bill identified $311,000,000 to be 
available in fiscal year 1999 and $150,000,000 to be available 
in fiscal year 2000. Total funding for the Ryan White programs 
has been increased by $261,788,000 from the fiscal year 1998 
level to a total of $1,411,300,000.
      The agency is urged to use the increase provided for 
Title IV of the Ryan White CARE Act to expand services at 
existing Title IV projects to prevent perinatal HIV 
transmission and target services for women and youth. It is 
expected that training and technical assistance activities 
related to youth, women, and families affected by HIV will be 
increased for Title IV projects and Titles I-III according to 
the terms specified in an existing agreement between HRSA and 
the AIDS Policy Center for Children, Youth and Families.
      The conference agreement provides $12,000,000 in 
additional funding to be targeted to addressing treatment 
outcome disparities in communities of color, and will 
complement existing and previously planned targeted HIV/AIDS 
minority activities. In allocating these funds, consideration 
should be given to the territories, such as in the Virgin 
Islands, where, for example, the HIV/AIDS case rate is more 
than twice the national case rate of 24.1 per 100,000. The 
conference agreement designates $5,000,000 in Title I 
supplemental funding and directs that these funds be allocated 
to eligible metropolitan areas that have 30% or more African 
American and Latino HIV/AIDS cases in an effort to improve the 
quality of care and health outcomes for African Americans 
living with HIV/AIDS; $3,000,000 in Title III to be used for 
targeted planning grants designed to build the HIV primary care 
capacity of indigenous organizations serving African American 
communities highly impacted by HIV/AIDS; $2,000,000 in Title IV 
to address the prevalence of HIV and AIDS among African 
American children; and $2,000,000 for subcontracts awarded 
through in AIDS Education and Training Centers to the 
Historically Black Colleges and Universities for the education 
of health care providers serving African American communities 
on the Guidelines for the Use of Antiretroviral Agents in HIV-
Infected Adults and Adolescents as developed by the Department 
of Health and Human Services.
      The conference agreement includes bill language 
designating $107,434,000 of the funds provided for the Maternal 
and Child Health block grant for special projects of regional 
and national significance (SPRANS) instead of $105,863,000 as 
proposed by the Senate and $103,863,000 as proposed by the 
House. This designation provides $5,000,000 more for SPRANS 
activities than would otherwise be the case under the statutory 
formula. It is intended that this amount be used for the 
continuation of the traumatic brain injury State demonstration 
projects as authorized by title XII of the Public Health 
Service Act. It is also expected that the agency will allocate 
$500,000 of the SPRANS set-aside for the third and final year 
of the fluoridation program begun in fiscal year 1997 in States 
with fluoridation levels below 25 percent.
      The conference agreement includes bill language 
designating $2,000,000 for the Center for Sustainable Health 
Outreach at the University of Southern Mississippi in 
affiliation with Harrison Institute at Georgetown University 
for the establishment of demonstration programs that create 
model health access programs, health-related jobs and 
sustainability of community-based providers of health services 
in rural and urban communities and $1,250,000 for the American 
Federation for Negro Affairs Education and Research Fund.
      There are concerns about reports that HRSA may make 
participation in the Section 340B drug pricing program a 
requirement for hemophilia treatment centers (HTCs) to receive 
grants from the Maternal and Child Health program. It is viewed 
that HTCs that choose to distribute clotting factor to their 
patients should purchase factor under the 340B program to 
obtain the lowest possible price; however, HTCs should not be 
required to distribute clotting factor as a condition of their 
MCH block grant. In addition, there is concern that some HTCs 
that distribute clotting factor may be excessively marking-up 
the cost of the factor to patients and public and private 
insurers. The Secretary is requested to provide a report within 
six months which would assess this issue.
      The conference agreement provides $925,000,000 for 
consolidated health centers as proposed by the Senate instead 
of $924,883,000 as proposed by the House. Existing health 
centers are showing severe strains due to the growth in the 
number of uninsured seeking their care and the fact that the 
majority of centers have not had an increase in their grant 
funds in the past eight years. The increase provided would 
alleviate the problem and the Department is expected to 
allocate a substantial proportion of the increase to existing 
health centers.
      From within the increase provided, HRSA is encouraged to 
increase its support for an existing demonstration, which is 
evaluating the benefits of linking the primary care services of 
community health centers with substance abuse treatment.
      It is intended that $10,000,000 of the funding available 
for consolidated health centers will be made available for 
grants to assist health centers in meeting the necessary 
startup expenses for planning and organizing managed care 
networks and plans as proposed by the House instead of 
$6,000,000 as proposed by the Senate.
      The conference agreement has deferred taking action on 
the recommendation contained in the Senate report regarding the 
new interstate nurse licensure compact, pending the resolution 
of several important issues concerning the compact. It is 
understood that several States have not endorsed the compact 
and some State Boards of Nursing and other nursing 
organizations have raised reservations about the compact.
      It is intended that the agency may use up to $3,000,000 
of the funding provided for the National Health Services Corps 
for State offices of rural health.
      The conference agreement provides $304,265,000 for health 
professions instead of $303,818,000 as proposed by the House 
and $208,000,000 as proposed by the Senate. It is recognized 
that one of the barriers to meeting the health care needs of 
underserved and minority populations in urban areas is the 
inability to fill critical entry level positions in allied 
health. Many of these positions could be filled by participants 
in the Welfare to Work program. The conference agreement 
includes $1,000,000 within Allied Health Special Projects for 
the Illinois Community College Board (ICCB) to support a 
program to train and place welfare recipients in the greater 
Chicago urban area in the allied health fields using distance 
technology. It is expected that the ICCB will coordinate its 
efforts with the Illinois Department of Human Services. The 
conference agreement also includes $200,000 to support the 
demonstration proposal by the Utah Medical Education Council 
and Utah Area Health Education Centers.
      The conference agreement provides $38,892,000 for rural 
health outreach grants instead of $32,592,000 as proposed by 
both the House and the Senate. Within the total provided, it is 
intended that funds be allocated for the following: $3,000,000 
to continue the Southwest Alabama Network for Education and 
Telemedicine project; $500,000 for a proposal by the Children's 
Health Fund to implement a rural health initiative that would 
expand the availability and accessibility of comprehensive 
primary pediatric care to underserved rural communities, 
especially in rural areas of Mississippi, West Virginia, south 
Florida, and Arkansas; $250,000 for a project by the Low 
Country Health Care Systems; $1,000,000 for a proposal by the 
Louisiana State University Medical Center that would link a 
school of medicine, a biomedical research center, hospitals, 
rural clinics, and a strong telecommunications network to 
provide urgently needed health services, health education 
regarding genetic diseases, and vital research into hereditary 
neurodegenerative disorders such as Friedreich's ataxia and 
Usher syndrome which occur in the rural, medically underserved 
Acadian population of Louisiana at rates two and a half times 
the national average; $2,000,000 for a telemedicine proposal by 
the San Bernardino County Medical Center; $100,000 to allow 
Southeast Community College to wire and equip a state-of-the-
art telelcommunications center on its Cumberland, Kentucky 
campus; $1,000,000 for the Marshfield Clinic to expand women's 
health services in rural areas through a mobile health clinic 
and database network; and $2,000,000 for the Center for 
Sustainable Health Outreach at the University of Southern 
Mississippi in affiliation with Harrison Institute at 
Georgetown University.
      The conference agreement provides $21,670,000 for 
Hansen's Disease Services instead of $18,670,000 as proposed by 
both the House and the Senate. Within the total provided, 
$3,000,000 is to implement and evaluate Diabetes Lower 
Extremity Amputation Prevention programs in areas served by 
community health centers in the States of Louisiana, Alabama, 
Georgia, and Mississippi that also have high incidences of 
diabetes that result in lower extremity amputations and to 
include pilot programs in conjunction with the Louisiana State 
University School of Medicine, the University of South Alabama, 
and the Roosevelt Warm Springs Institute for Rehabilitation.
      The conference agreement provides $25,000,000 to fully 
fund the Medicare Rural Hospital Flexibility Grants Program 
authorized in the Balanced Budget Act of 1997. This program 
will provide grants to States to help them improve access to 
essential health care services in rural communities by: (1) 
developing and implementing a rural health plan; (2) developing 
networks; (3) designating Critical Access Hospitals (CAHs); and 
(4) improving rural emergency medical services and other 
activities. It will provide support for local citizens, 
employers, and health care providers to conduct the community 
development activities that are necessary to identify their 
health care needs and design a local system of care to address 
them. For hospitals and other providers, this program will 
provide technical assistance and support to: (1) develop 
integrated networks of care; (2) examine the conversion to 
CAHs; and (3) improve information systems, quality assurance 
programs, and other activities. The conference agreement would 
provide for the operation of this program as a new activity by 
HRSA. This activity was included within the Health Care 
Financing Administration in the Senate bill. The House bill 
contained no similar provision. The agency is urged to provide 
assistance to the Bennett County Community Hospital in Martin, 
South Dakota, in developing innovative ways to improve health 
care access and outcomes for underserved rural populations, 
particularly Native Americans.
      The conference agreement provides $119,000,000 for 
program management instead of $114,059,000 as proposed by the 
House and $120,000,000 as proposed by the Senate. Within the 
total provided, it is intended that $1,250,000 will be 
allocated to continue the efforts of the American Federation 
for Negro Affairs national education and research fund of 
Philadelphia and $250,000 is for the University of Northern 
Iowa Global Health Corps project.

                      vaccine injury compensation

      The conference agreement includes $100,000,000 for 
Vaccine Injury Compensation, as proposed by the Senate, for 
compensation of vaccine-related injuries associated with 
vaccines administered before October 1, 1988. The House bill 
contained no similar provision.

               CENTERS FOR DISEASE CONTROL AND PREVENTION

                Disease Control, Research, and Training

      The conference agreement includes $2,609,520,000 for 
disease control, research, and training instead of 
$2,591,433,000 as proposed by the House and $2,366,644,000 as 
proposed by the Senate.
      The conference agreement includes bill language 
identifying $17,800,000 for Centers for Disease Control and 
Prevention (CDC) buildings and facilities instead of 
$12,800,000 as proposed by the House and $6,800,000 as proposed 
by the Senate. Included in this amount is $11,000,000 for Phase 
II of the infectious disease laboratory. The conference 
agreement also includes bill language not proposed in either 
House or Senate bills to allow the General Services 
Administration to enter into a single contract or related 
contracts for the full scope of this laboratory and that the 
solicitation and contract shall contain the clause 
``availability of funds'' found in the Code of Federal 
Regulations.
      The conference agreement includes a total of $94,573,000 
for the National Center for Health Statistics instead of 
$84,573,000 as proposed by both the House and Senate. The 
conference agreement also includes bill language designating 
$67,793,000 of the total to be available to the Center under 
the Public Health Service one percent evaluation set-aside 
instead of $59,232,000 as proposed by the House and $84,573,000 
as proposed by the Senate.
      The conference agreement does not include bill language 
designating $51,000,000 for a civilian stockpile of antidotes, 
antibiotics, and vaccines as proposed by the House. Funding for 
this activity is included in the Public Health Emergency Fund 
as proposed by the Senate.
      The conference agreement includes bill language 
designating $51,000,000 for violence against women programs 
financed from the Violent Crime Reduction Trust Fund as 
proposed by the House instead of $43,000,000 as proposed by the 
Senate. The conference agreement includes funding for the 
Metropolitan Family Services' Coordinated Community Response to 
Violence project.
      The conference agreement includes bill language not 
proposed by either House to allow CDC to incur obligations 
related to agreements with non-Federal entities without receipt 
of advance payment.
      The table accompanying the conference agreement includes 
a breakout of program costs and salaries and expenses by 
program as proposed by the House. The Senate report did not 
include this breakout. Salaries and expenses activities 
encompass all non-extramural activities with the exception of 
program support services, centrally managed services, buildings 
and facilities, and the Office of the Director. It is intended 
that designated amounts for salaries and expenses are ceilings. 
The agency may allocate administrative funds for extramural 
program activities according to its judgment. Funds should be 
apportioned and allocated consistent with the table, and any 
changes in funding are subject to the normal notification 
procedures.
      The conference agreement provides $13,500,000 for 
prevention centers instead of $12,000,000 as proposed by the 
House and $9,080,000 as proposed by the Senate. It is expected 
that the agency will fund all previously existing centers and 
provide them with a modest increase in funding. The conference 
agreement also provides $1,000,000 within this amount to 
establish a tobacco prevention research network.
      The conference agreement disapproves the plan of the 
Department to require States to purchase vaccines for the 
Vaccines for Children Program with section 317 discretionary 
funds. All Vaccines for Children vaccines should be purchased 
with mandatory funding provided in the Omnibus Budget 
Reconciliation Act of 1993 for that purpose.
      CDC is urged to continue working with State and local 
health agencies to determine the incidence and prevalence of 
traumatic brain injury and to establish education and 
prevention programs relating to traumatic brain injury. The 
conference agreement also supports a study on the cost-
effectiveness of trauma systems as described in the House and 
Senate reports.
      CDC is encouraged to collaborate with comprehensive, 
community based health-related organizations that have 
successfully developed systems of urban community health care 
to develop outreach and prevention models which address the 
needs of disadvantaged and minority populations.
      There is support for the efforts by CDC and HRSA to 
assist in establishing a nationwide toll-free telephone number 
linking certified poison control centers with a nationwide 
databank. CDC is encouraged to support an ongoing public 
service media campaign to familiarize the public with the toll-
free number and its services.
      There is support for the agencies commitment to improving 
the health status of minority and disadvantaged individuals. 
CDC is urged to continue the innovative program being 
undertaken at Haymarket Center involving the coordination of 
preventative care with substance abuse treatment.
      There is support for the establishment of a CFIDS patient 
registry at CDC to identify patients for follow-up laboratory 
and longitudinal studies and to track patterns of morbidity and 
mortality in this illness.
      The conference agreement concurs in language contained in 
the Senate report regarding promising research on plant-
delivered oral vaccines being undertaken at the Thomas 
Jefferson University Center for Biomedical Research. It is 
noted that there is other promising research being conducted at 
the Center involving the treatment and diagnosis of hepatitis B 
and C viruses and glycoprocessing inhibitors and CDC is 
encouraged to give consideration to supporting these important 
areas of research.
      The conference agreement includes $30,821,000 over the 
Administration request for the following chronic and 
environmental disease prevention program priorities: 
environmental health lab; radiation; asthma; birth defects; 
cardiovascular disease; oral health; arthritis; cancer 
registries; research to the classroom; and chronic fatigue 
syndrome. Sufficient funds are also included to: continue the 
community-based diabetes intervention program for the Navajo 
and other native Americans located at the Indian Diabetes 
Center in Gallup, New Mexico; provide Marshall University's 
Autism Training Center an increase of $400,000 to expand 
services to families with autism; implement the recommendations 
of the evaluation of the C. Everett Koop Community Health 
Information Center, to strengthen the center and to disseminate 
the results of its evaluation to professional medical societies 
throughout the country; and fully fund the request for 
prevention and cessation activities related to smoking.
      The total amount provided for chronic and environmental 
disease prevention also includes $25,000,000 for CDC to carry 
out the American Stop Smoking Intervention Study (ASSIST) as 
proposed by the House. The Senate report had specified that 
funds be transferred from the National Cancer Institute to CDC.
      Sufficient funds are included within breast and cervical 
cancer screening to provide $200,000 for the Women Reaching for 
Wellness: Promoting Breast Health for American Indian Women in 
Montana and Northern Wyoming program at Saint Vincent Hospital 
in Billings, Montana and $250,000 for screening activities at 
the Montgomery County, Pennsylvania Health Department.
      Sufficient funds are included within the National 
Institute for Occupational Safety and Health to expand efforts 
to implement the national occupational research agenda, fully 
fund the intramural research program at the Morgantown, WV 
facility, and provide $1,000,000 to augment activities of the 
Colorado School of Mines.
      The conference agreement provides $15,000,000 for 
prevention research instead of $10,000,000 as proposed by the 
House. The Senate bill contained no similar provision.
      The conference agreement provides $10,000,000 for health 
disparities demonstrations as proposed by the Senate. The House 
bill contained no similar provision. The conference agreement 
also provides additional funding for health disparities 
activities in existing programs throughout the Department. It 
is expected that the Secretary will provide the House and 
Senate Appropriations Committees with a detailed proposal of 
how these funds will be coordinated and expended to reduce 
health disparities in minority populations.
      The conference agreement includes $18,000,000 in 
additional funding to be targeted to addressing urgent HIV 
prevention needs in the African American community. In 
allocating the funds, consideration should be given to the 
territories, such as in the Virgin Islands, where, for example, 
the HIV/AIDS case rate is more than twice the national case 
rate of 24.1 per 100,000. These funds will compliment existing 
and previously planned targeted HIV/AIDS minority activities, 
and are to be allocated on the following basis:
      --$10,000,000 is included for the Directly Funded 
Minority Community Based Organization Program to fund grant 
applications from indigenous organizations with a history of 
providing services to the African American community to target 
the high risk populations of women, youth and men;
      --$4,000,000 is included for the creation of new 
community development grants to 20 African American communities 
highly impacted by HIV/AIDS. The funding will support needs 
assessments and planning processes to integrate HIV, STD, TB, 
substance abuse prevention, treatment and care;
      --$2,500,000 is for technical assistance to grantees 
under the Directly Funded Minority Community Based 
Organizations, to be provided by national, regional, and local 
minority organizations; and
      --$1,500,000 is included for CDC Faith-Based Initiative 
program to develop HIV and substance abuse prevention training 
grants and curriculum at the divinity schools of the 
Historically Black Colleges and Universities; capacity building 
grants for Faith centered direct service programs; and provide 
coordination for community planning leadership, and program, 
development.
      The CDC is urged to insitute program guidance and 
oversight mechanisms to ensure that the Prevention Community 
Planning Groups priorities are accurately reflected in the 
state or local plan submitted for grant awards to the CDC, and 
that the funding awarded corresponds to the demographics of the 
local epidemic and the identified needs.
      The conference agreement provides $10,000,000 for CDC to 
implement section 2625 of the Public Health Service Act, CDC 
Guidelines for Pregnant Women. It is noted that the 
implementation of voluntary testing and treatment of pregnant 
women is working exceptionally well and that the vast majority 
of women agree to be tested on a voluntary basis. In the last 
three years, the number of newly reported pediatric AIDS cases 
related to perinatal HIV transmission fell 55 percent. It is 
believed that priority for funding should be placed on 
outreach, counseling, and voluntary testing of pregnant women 
rather than mandatory testing of newborns.
      The conference agreement endorses Congress' intent to 
invest in HIV prevention programs and interventions to stem the 
tide of new HIV infections. CDC is directed to allocate a 
significant proportion of the HIV/AIDS program for grants and 
cooperative agreements for HIV prevention programs.
      Knowledge of HIV status is essential because it allows 
individuals to make informed decisions about treatment and 
prevention of further transmission. Therefore, CDC is 
encouraged to undertake activities, in consultation with 
academic researchers and community groups, that will encourage 
individuals at risk to be tested. CDC is further encouraged to 
carefully review any policies that may deter individuals, 
particularly individuals and groups at highest risk, from 
knowing their HIV status. Similarly, CDC is urged to undertake 
activities to improve referral from publicly funded testing 
sites to primary care.
      It is agreed that there is a need for demonstration 
projects to evaluate the effectiveness of CDC's model death 
scene protocol for Sudden Infant Death Syndrome.
      Between 1985 and 1991, 82 percent of Salmonella outbreaks 
were traced to contaminated shell eggs. It is understood that a 
new pasteurization technology has been developed employing heat 
and water which achieves the established FDA standards for the 
destruction of all strains of Salmonella commonly found in 
shell eggs. The technology preserves egg quality during 
extended refrigerated storage without materially changing 
either the aesthetics or the physical characteristics from 
those of a fresh raw egg. CDC is urged to work with other 
Federal agencies to assess various methods to improve egg 
safety.
      NIOSH is to be commended on its commitment to ongoing 
partnership with the occupational safety and health broader 
researcher community, public and private. Partnership 
structures, which are key to the development of NORA, are no 
less important in the implementation phase. NIOSH is urged to 
work with its partners to augment resources available to the 
Institute for NORA research. In particular, NIOSH is encouraged 
to continue partnering with the NIH to co-sponsor and fund 
extramural research in relevant NORA priority areas.

                     NATIONAL INSTITUTES OF HEALTH

                       National Cancer Institute

      The conference agreement includes $2,927,187,000 for the 
National Cancer Institute as proposed by the Senate instead of 
$2,787,830,000 as proposed by the House.
      The conference agreement deletes without prejudice the 
Senate bill language specifying $175,000,000 for prostate 
cancer research at the National Institutes of Health. The House 
bill contained no similar provision. It is agreed that spending 
for prostate cancer research over the years has not kept 
sufficient pace with the scientific opportunities and the 
proportion of the male population who are afflicted with this 
disease. This has resulted in significant gaps in scientific 
and clinical knowledge that contribute to the ongoing morbidity 
and mortality directly attributable to prostate cancer.
      To address this shortcoming, NIH is strongly urged to 
make prostate cancer a top priority in allocating funding 
increases. The agency is expected to accelerate spending on 
prostate cancer, taking into account the recommendation 
contained in the Senate report and bill. It is further expected 
that NIH will consult closely with the research community, 
clinicians, patient advocacy groups, and the Congress to 
identify promising new avenues of basic and clinical research. 
The agency is directed to develop a report to be presented to 
the House and Senate Committees on Appropriations within six 
months outlining the professional judgment for prostate cancer 
research for the next five years. The Secretary and the 
Director should also be prepared to discuss actions taken in 
planning, funding, and implementing the agency's prostate 
cancer research portfolio for fiscal years 1999 and 2000.
      Despite impressive NIH progress in the area of brain 
cancer research and development, there are still concerns with 
the growth rate of such tumors and NCI should continue to place 
a high priority on brain tumor research. The conference 
agreement supports the approach of using centers of excellence 
to conduct basic, translational, and clinical research to 
determine the cause, mechanisms of development, and better 
methods of treatment and prevention of primary and secondary 
brain tumors.
      The conference agreement concurs with Senate report 
language regarding the need for a comprehensive initiative 
designed to assist in minority cancer control, prevention, and 
treatment and notes that the Early Detection Breast Cancer 
Program consortium in south Florida is currently addressing the 
needs of the minority population with a concentrated and 
coordinated research and treatment effort. NCI is encouraged to 
provide increased funding for a breast cancer research 
initiative designed to assist in minority cancer control, 
prevention, and treatment.
      The Institute is urged to work with NIOSH to enhance 
extramural research in relevant NORA priority areas such as 
cancer research methods, special populations at risk, mixed 
exposures, risk assessment methods, and exposure assessment 
methods.

                National Heart, Lung and Blood Institute

      The conference agreement includes $1,793,697,000 for the 
National Heart, Lung and Blood Institute as proposed by the 
Senate instead of $1,720,344,000 as proposed by the House.
      The conference agreement concurs with language in the 
House and Senate reports concerning the importance of the 
Institute establishing a network of collaborative clinical 
centers for research into Cooley's anemia.
      The conference agreement supports research in the areas 
of ischemic injury, perioperative medicine, and preventative 
measures to reduce cardiovascular disease and further support 
collaborative efforts to expand a comprehensive national 
cardiopulmonary disease prevention program with particular 
emphasis on risk assessment, promotion of healthy behavior, and 
independent quality control and evaluation.
      The Institute is urged to enhance research on sleep 
disorders and continue its support for sleep education programs 
targeted at elementary and secondary school students.

         National Institute of Dental and Craniofacial Research

      The conference agreement includes $234,338,000 for the 
National Institute of Dental and Craniofacial Research instead 
of $228,961,000 as proposed by the House and $233,588,000 as 
proposed by the Senate.

    National Institute of Diabetes and Digestive and Kidney Diseases

      The conference agreement includes $994,218,000 for the 
National Institute of Diabetes and Digestive and Kidney 
Diseases as proposed by the Senate instead of $951,203,000 as 
proposed by the House.
      The conference agreement concurs with Senate report 
language regarding the need for expanded research into Type I, 
or juvenile, diabetes. NIDDK and other NIH Institutes with an 
interest in diabetes are encouraged to focus additional 
resources in this critically important area.
      The conference agreement provides sufficient funding for 
NIDDK to expand its efforts into funding special initiatives 
focusing on higher-risk, innovative research in high priority 
areas.

        National Institute of Neurological Disorders and Stroke

      The conference agreement includes $903,278,000 for the 
National Institute of Neurological Disorders and Stroke as 
proposed by the Senate instead of $851,066,000 as proposed by 
the House.
      The Institute is encouraged to expand efforts in the area 
of epilepsy research, specifically for intractable or 
uncontrolled epilepsy.
      Progressive supranuclear palsy is a rare but distinct 
neurodegenerative disease affecting approximately 10,000 or 
more patients. The Institute is urged to support research in 
this area through all available mechanisms including the 
testing of neurotrophic factors that delay disease progression.

         National Institute of Allergy and Infectious Diseases

      The conference agreement includes $1,570,102,000 for the 
National Institute of Allergy and Infectious Diseases instead 
of $1,540,102,000 as proposed by the Senate and $1,470,460,000 
as proposed by the House.
      Autoimmune diseases such as multiple sclerosis, 
rheumatoid arthritis, diabetes, and lupus affect millions of 
Americans and disproportionately affect women and minorities. 
It is believed that enhanced research in this area holds the 
potential to cure and prevent many diseases. In addition, more 
needs to be known about the specific environmental agents that 
are causing the onset of the diseases, genetic susceptibility, 
and how the body regulates the autoimmune response. Therefore, 
NIAID is strongly urged to expand its research efforts to 
capitalize on recent discoveries of autoimmune reactions and 
newly developed treatments that can suppress immune responses 
without toxic side effects. It is understood that the NIH 
Autoimmune Diseases Coordinating Committee should provide 
greater coordination and renewed focus for autoimmunity 
research on the NIH campus.

             National Institute of General Medical Sciences

      The conference agreement includes $1,197,825,000 for the 
National Institute of General Medical Sciences as proposed by 
the Senate instead of $1,150,840,000 as proposed by the House.

        National Institute of Child Health and Human Development

      The conference agreement includes $750,982,000 for the 
National Institute of Child Health and Human Development 
instead of $728,817,000 as proposed by the House and 
$748,482,000 as proposed by the Senate.
      The conference agreement concurs with language contained 
in the House report relating to reading disabilities.

                         National Eye Institute

      The conference agreement includes $395,857,000 for the 
National Eye Institute instead of $383,447,000 as proposed by 
the House and $395,261,000 as proposed by the Senate.

          National Institute of Environmental Health Sciences

      The conference agreement includes $375,743,000 for the 
National Institute of Environmental Health Sciences as proposed 
by the Senate instead of $356,047,000 as proposed by the House.
      The Institute and the Office of Research on Minority 
Health are cooperating to address environmental health effects 
in underserved and minority populations. NIEHS is urged to 
enhance support for previously selected environmental health 
effects/minority health centers. Special emphasis should be 
given to developing improved capabilities in clinical 
environmental health and community outreach in the areas of 
human health and environmental medicine.
      The Institute is urged to work with NIOSH to enhance 
extramural research in relevant NORA priority areas such as 
indoor environment, fertility and pregnancy abnormalities, 
hearing loss, mixed exposures, emerging technologies, cancer 
research methods, exposure assessment methods, and risk 
assessment methods.

                      National Institute on Aging

      The conference agreement includes $596,521,000 for the 
National Institute on Aging as proposed by the Senate instead 
of $565,574,000 as proposed by the House.
      The Institute, working in collaboration with NINDS and 
NIMH, is urged to launch a full-scale prevention initiative 
aimed at stopping Alzheimer's disease among those who may not 
exhibit symptoms for several years.
      It is noted that there has been a significant growth of 
research on osteoporosis, Paget's disease, and related bone 
diseases. The Institute is encouraged to further expand and 
intensify its research programs on these bone diseases.
      The Institute is urged to work with NIOSH to enhance 
extramural research in relevant NORA priority areas such as 
special populations at risk, hearing loss, low back disorders, 
traumatic injuries, asthma and chronic obstructive pulmonary 
disease, musculoskeletal disorders of the upper extremities, 
and organization of work.

 National Institute of Arthritis and Musculoskeletal and Skin Diseases

      The conference agreement includes $308,164,000 for the 
National Institute of Arthritis and Musculoskeletal and Skin 
Diseases instead of $296,668,000 as proposed by the House and 
$304,320,000 as proposed by the Senate.
      Osteogenesis Imperfecta (OI), more commonly known as 
Brittle Bone Disease, is a rare genetic disorder for which 
there is presently no cure. NIH is encouraged to expand its 
support for research into the causes, diagnosis, treatment, 
prevention, and eventual cure of OI and to coordinate public 
research efforts on OI with those supported by the private 
sector.

    National Institute on Deafness and Other Communication Disorders

      The conference agreement includes $229,887,000 for the 
National Institute on Deafness and Other Communication 
Disorders as proposed by the Senate instead of $216,995,000 as 
proposed by the House.

                 National Institute of Nursing Research

      The conference agreement includes $69,834,000 for the 
National Institute of Nursing Research as proposed by the 
Senate instead of $68,198,000 as proposed by the House.

           National Institute of Alcohol Abuse and Alcoholism

      The conference agreement includes $259,747,000 for the 
National Institute of Alcohol Abuse and Alcoholism as proposed 
by the Senate instead of $248,778,000 as proposed by the House.

                    National Institute on Drug Abuse

      The conference agreement includes $603,274,000 for the 
National Institute on Drug Abuse as proposed by the Senate 
instead of $575,426,000 as proposed by the House.

                  National Institute of Mental Health

      The conference agreement includes $861,208,000 for the 
National Institute of Mental Health as proposed by the Senate 
instead of $815,707,000 as proposed by the House.

                National Human Genome Research Institute

      The conference agreement includes $264,892,000 for the 
National Human Genome Research Institute instead of 
$246,111,000 as proposed by the House and $249,891,000 as 
proposed by the Senate.

                 National Center for Research Resources

      The conference agreement includes $554,819,000 for the 
National Center for Research Resources as proposed by the 
Senate instead of $513,948,000 as proposed by the House. The 
conference agreement also includes bill language designating 
$30,000,000 for extramural facilities construction grants as 
proposed by the Senate instead of $20,000,000 as proposed by 
the House.
      The possible use of non-destructive evaluation methods to 
improve diagnostic capabilities in medicine is encouraging. 
Research in the area of developing computer simulations, 
virtual imaging environment, and quantitative characterization 
for radiology, CT, ultrasound and magnetic resonance and others 
should be investigated. The Director is encouraged to support 
research in the area of non-destructive evaluation techniques 
and medical diagnostics.

                  John E. Fogarty International Center

      The conference agreement includes $35,426,000 for the 
John E. Fogarty International Center as proposed by the Senate 
instead of $30,367,000 as proposed by the House.

                      National Library of Medicine

      The conference agreement includes $181,309,000 for the 
National Library of Medicine as proposed by the Senate instead 
of $176,492,000 as proposed by the House.

                         Office of the Director

                     (including transfer of funds)

      The conference agreement includes $306,559,000 for the 
Office of the Director instead of $254,145,000 as proposed by 
the House and $302,947,000 as proposed by the Senate.
      The conference agreement includes a designation in bill 
language of $43,493,000 for the operations of the Office of 
AIDS Research as proposed by the Senate instead of $41,752,000 
as proposed by the House. It is understood that within the 
total funding for NIH provided in the conference agreement, NIH 
would intend to spend $1,792,916,000 on AIDS research. It is 
also understood that this total may be modified depending on 
changing scientific opportunities and the recommendations of 
various advisory bodies.
      The conference agreement includes a designation in bill 
language of $50,000,000 for the Center for Complementary and 
Alternative Medicine as proposed by the Senate. The conference 
agreement also includes language providing that not less than 
$20,000,000 of the funding made available for the Center shall 
be for peer reviewed complementary and alternative medicine 
research grants and contracts that respond to program 
announcements and requests for proposals issued by the Center 
as proposed by the Senate. The House bill contained no similar 
provisions.
      The Office of Rare Diseases (ORD) is to be commended for 
its leadership in the development and implementation of 
databases to match patients with ongoing or planned clinical 
research projects and in the convening of scientific workshops 
and symposia to identify and stimulate research on rare 
diseases. ORD is encouraged to expand initiatives to equip the 
NIH to respond to inquiries of patients, care givers, research 
investigators, and health care providers about genetic and rare 
disorders and to stimulate rare disorders research. ORD is also 
encouraged, with the assistance of the research Institutes and 
centers of the NIH, to review the existing infrastructure of 
biological samples, human cell, and tissue banks supported by 
the NIH and develop an information program to publicize the 
availability of these resources and the methods to contribute 
or gain access to these samples for research purposes. The 
conference agreement notes the fact that the Report from the 
Special Emphasis Panel on the Coordination of Research on Rare 
Diseases is near completion and endorses the collaboration with 
the Food and Drug Administration to provide support for 
toxicity studies for gene vectors for rare disorders.
      The Office of Dietary Supplements (ODS) is encouraged to 
continue its research into the bioavailability of dietary 
supplements as it affects the efficacy of these products. In 
conjunction, it is recommended that ODS ensure this research 
includes studying the comparative disintegration of such 
products in the digestive system as a prerequisite for their 
bioavailability. ODS is also urged to enhance efforts in the 
areas of chromium supplementation and diabetes and the 
development of a botanical research initiative.
      The conference agreement supports the fiscal year 1999 
funding level proposed in NIH budget documents for Parkinson's 
disease. Consistent with the enactment of the Morris K. Udall 
Parkinson's Research Act of 1997, NIH is expected to utilize 
resources for research focused on Parkinson's disease such as 
where the principal focus of the research is the cause, 
pathogenesis, and/or potential therapies or treatment for 
Parkinson's disease.
      Stress contributes to a host of medical conditions 
confronted by health care practitioners. In addition to 
pharmaceutical and surgical approaches used to treat stress-
related illnesses, mind/body approaches such as the relaxation 
response have been used to successfully treat these disorders. 
The agency is urged to use all available mechanisms, including 
establishing two to five mind/body centers, to make more 
visible the benefits of mind/body medicine. It is also noted 
that existing centers have expertise to accelerate work in this 
field, and the Director is encouraged to establish partnerships 
between new and existing centers to expand the scientific base 
in the field of mind/body medicine and teach and train health 
care professionals in these approaches.
      There are limited options at the present time for the 
treatment of multiple sclerosis. A number of investigators and 
companies are conducting promising research on T-cell receptor 
vaccines that could be used as therapy for multiple sclerosis 
and other autoimmune diseases such as rheumatoid arthritis, 
myasthenia gravis, and psoriasis. The NIH is encouraged to 
enhance research in this area through all available mechanisms, 
including clinical trials.
      NIH is encouraged to increase funding for Behcet's 
Syndrome, which is a rare chronic relapsing inflammatory 
disorder characterized by recurrent mouth ulcers, inflammation 
of the eyes, genital ulcers, rashes, and/or other symptoms.
      From within the total funding provided for the various 
Institutes, centers and divisions, it is anticipated that 
funding for the pediatric research initiative will be increased 
above last year's level. These funds are made available 
directly to the Institutes through the NIH Areas of Special 
Emphasis, which target those areas of research opportunity most 
likely to yield greater returns on the Federal investment in 
biomedical research. The Director is expected to provide 
overall leadership for and coordination of these extramural 
research activities devoted to children's illnesses and 
conditions.
      The conference agreement concurs with House report 
language regarding the use of contractor assistance in the 
implementation of the administrative structure and costs 
report. It is believed that the implementation of the reports 
recommendations are critical to ensuring that NIH has the 
capacity to absorb the resources provided efficiently and 
effectively.
      The Director is urged to provide funding to the Office of 
Research on Minority Health (ORMH) in addition to existing and 
previously planned activities for the purpose of increasing the 
number of African American principal investigators funded to 
conduct HIV behavioral and clinical research targeting the 
links between substance abuse, sexual behaviors and the 
extraordinary HIV infection rates in African Americans. Special 
emphasis should be placed on research into ways of breaking 
this linkage. Research designed to build a culturally competent 
community knowledge base in areas hardest hit by HIV/AIDS is 
also a priority. The ORMH is urged to expand support to non-
traditional organizations in the Black Faith community, in 
particular those which are able to play a critical role in 
outreach to individuals who live in areas hardest hit by HIV/
AIDS would also be a priority. This is an effort to improve the 
quality of care and health outcomes for African Americans and 
other minorities that are at risk for and living with HIV/AIDS. 
In allocating these funds, consideration should be given to the 
territories, such as in the Virgin Islands, where, for example, 
the HIV/AIDS case rate is more than twice the national case 
rate of 24.1 per 100,000.
      The Director is urged to expand and strengthen population 
based research to more effectively target at-risk persons, 
address community norms and support the adoption of HIV risk 
reduction behaviors and sustain behavioral change among high 
risk populations. Such activities should specifically consider 
targeting: pregnant and parenting teenagers and their sexually 
active partners; African American heterosexual men in age 
specific populations; African American women in age specific 
populations ranging within the child bearing ages of 15 to 44; 
and provide for risk reduction for crack cocaine abusing youth 
who participate in the sex for drugs trade that is associated 
with such drug use.
      The Director is urged to cooperate in completing the 
Institute of Medicine study on cancer among minorities and the 
medically undeserved, and to provide timely access to requested 
data to enable the IOM to complete the study in an expeditious 
fashion. The Director is expected to report on the study's 
progress during the hearings on the fiscal year 2000 budget 
request.

                        Buildings and Facilities

      The conference agreement includes $237,519,000 instead of 
$224,599,000 as proposed by the House and $263,822,000 as 
proposed by the Senate. The conference agreement provides for 
$90,000,000 for the Clinical Research Center in fiscal year 
1999 and $40,000,000 in fiscal year 2000 as proposed by the 
Senate. The House bill included funding for the Clinical 
Research Center only for fiscal year 1999.

       SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

               Substance Abuse and Mental Health Services

      The conference agreement provides a program level of 
$2,488,005,000 for substance abuse and mental health services 
instead of $2,458,005,000 as proposed by the House and 
$2,151,643,000 as proposed by the Senate.
      The conference agreement does not include bill language 
proposed by the House that identified $10,000,000 for grants to 
rural and Native American projects. The Senate bill contained 
no similar provision. The conference agreement concurs with 
Senate report language regarding the CSAP and CSAT grants 
reserved for rural and native communities.
      The conference agreement includes bill language 
identifying $300,000 for the Philadelphia City-wide Improvement 
and Planning Agency for a youth mentoring program.
      The conference agreement includes a general provision to 
allow funds allocated to the States for the substance abuse 
block grant and the mental health block grant to be allocated 
according to current law which would incorporate the 
Secretary's decision to change the wage proxy to the use of 
non-manufacturing wages. In doing so, it is agreed that, for 
the substance abuse block grant, each State will receive no 
less than 30.65 percent of the percentage increase of the 
overall block grant amount. It is also agreed that small States 
will receive a minimal allotment of .375 percent of the 
appropriation for the substance abuse block grant except that 
no small State's allotment shall be increased in 1999 more than 
300 percent of the percentage increase in the overall funding 
for the block grants. The Senate bill contained language that 
required each State to receive the same allotment in fiscal 
year 1999 as it did in fiscal year 1997. The House bill 
contained no similar provision.The conference agreement 
includes $40,000,000 within the Center for Mental Health KDA program to 
improve mental health services for children with emotional and 
behavioral disorders who are at-risk of violent behavior. There are 
concerns about the recent outbreaks of violence in our Nation's schools 
and it is believed that one important tool to address this problem is 
to improve children's mental health services. This additional funding 
will assist schools in identifying and addressing the mental health 
needs of children and preventing aggressive behaviors. Schools are an 
ideal location for children's mental health activities because they 
facilitate peer-based programs, comprehensive approaches, and access to 
professionals in a familiar environment where many of the problem 
behaviors occur. It is intended that SAMHSA will collaborate with the 
Department of Education to develop a coordinated approach.
      The conference agreement provides $2,000,000 from the 
Center for Mental Health Services KDA program and $3,000,000 
from the Center for Substance Abuse Treatment KDA program for a 
joint award to fund the development of an integrated service 
delivery system in the State of Alaska to provide both mental 
health and substance abuse treatment services.
      The conference agreement provides $1,000,000 for 
assistance to rural areas in Alaska to support the expansion of 
services for women and children as part of the Targeted 
Capacity Expansion Program.
      The conference agreement includes sufficient funds for a 
national mental health self-help information resource center 
and recommends that the agency provide funds to support such a 
center.
      The conference agreement supports the initiative to 
collect State-level substance abuse data, but has not provided 
separate, line item funding. Instead, consistent with the 
fiscal year 1998 conference agreement, the agency is expected 
to fund this project from the five percent set-aside in the 
substance abuse block grant.
      The conference agreement provides $22,000,000 in 
additional, targeted funding to compliment existing and 
previously planned targeted HIV/AIDS minority activities to 
strengthen abuse treatment and prevention programs that include 
an HIV component. These funds should also be used to address 
the HIV epidemic in the territories, such as in the Virgin 
Islands where, for example, the HIV/AIDS case rate is more than 
twice the national case rate of 24.1 per 100,000.
      Within the total amount provided, $16,000,000 is for the 
Center for Substance Abuse Treatment, of which $9,000,000 shall 
be used for comprehensive residential treatment for women and 
their children, and $7,000,000 shall be dedicated to treatment 
programs serving youth and men; and $6,000,000 is for the 
Center for Substance Abuse Prevention to be targeted to 
prevention services for African American youth.

               AGENCY FOR HEALTH CARE POLICY AND RESEARCH

                    Health Care Policy and Research

      The conference agreement includes $100,408,000 in 
appropriated funds as proposed by the House instead of 
$50,000,000 as proposed by the Senate.
      The conference agreement designates $70,647,000 to be 
available to the Agency for Health Care Policy and Research 
under the Public Health Service one percent evaluation set-
aside as proposed by the House instead of $121,055,000 as 
proposed by the Senate.
      The Henry Ford Health System has a proposal to develop a 
collaborative, interdepartmental effort focused on the advanced 
use of patient demographic and clinical data. The agency is 
encouraged to review the proposal's merits.
      The Community Health Assessment and Development Program 
has a proposal to develop an urban improvement program 
involving integrated data and outcome measures to health care 
providers in the northeast Ohio area. The agency is encouraged 
to review the proposal's merits.

                  HEALTH CARE FINANCING ADMINISTRATION

                           Program Management

      The conference agreement makes available $1,946,500,000 
for program management instead of $1,942,500,000 as proposed by 
the House and $1,685,550,000 as proposed by the Senate. The 
Senate bill assumed that the Administration's user fee proposal 
would be enacted prior to conference. Included within this 
amount is $4,000,000 to improve the survey and certification 
and enforcement process to insure that nursing home residents 
receive the quality of care required by the Nursing Home Reform 
Act of 1987. An additional appropriation of $560,000,000 has 
been provided for this account in the Health Insurance 
Portability and Accountability Act of 1996.
      The conference agreement includes bill language 
identifying $1,000,000 for the National Bipartisan Commission 
on the Future of Medicare instead of $600,000 as proposed in 
both House and Senate bills. The conference agreement also 
deletes language contained in both bills, but is no longer 
needed, that directs the Commission to examine the impact 
health research has on Medicare costs as well as the potential 
for coordinating Medicare with cost-effective long-term care 
services.
      The conference agreement includes bill language 
identifying $45,000,000 for the transition to a single Part A 
and Part B processing system and Year 2000 century conversion 
requirements of external contractor systems. The House and 
Senate bills provided $45,000,000 and $25,000,000, 
respectively, only for transition to a single Part A and Part B 
processing system.
      The conference agreement includes bill language 
identifying $2,000,000 of the funds available for research, 
demonstration, and evaluation activities to 
continuedemonstration projects on Medicaid coverage of community-based 
attendant care services for people with disabilities which ensure 
maximum control by the consumer to select and manage their attendant 
care services. The House bill contained no similar provision.
      The conference agreement provides for the Medicare rural 
hospital flexibility grants program under the Health Resources 
and Services Administration instead of HCFA as proposed by the 
Senate. The House bill contained no similar provision.
      The conference agreement includes $2,000,000 to support 
research conducted by the Sinclair School's Tiger Place to 
develop a comprehensive elderly health care delivery model 
evaluation.
      The conference agreement includes $2,000,000 within 
research to conduct a demonstration of residential treatment 
facilities at the AIDS Healthcare Foundation in Los Angeles.
      The agency is encouraged to give strong consideration to 
reclassifying Iredell County, North Carolina to the large urban 
area of Charlotte-Gastonia-Rock Hill, North Carolina for the 
purposes of Medicare hospital reimbursement.
      The agency is urged to extend the chronic ventilator-
dependent unit demonstration at Temple University Hospital for 
one additional year. It is expected that this project will be 
permanently authorized after next year and this extension will 
no longer be needed.
      The conference agreement recommends the Secretary base 
retaining or changing the current requirement of physician 
supervision of anesthesia services in Medicare on 
scientifically valid outcomes data. Concern has been expressed 
regarding HCFA's proposed elimination of this requirement which 
has been in effect since the inception of the Medicare program. 
The conference agreement further suggests that the Secretary 
request the Agency for Health Care Policy and Research to work 
with HCFA in a design and implementation of an outcome approach 
that would examine, utilizing existing Medicare operating room 
anesthesia data, mortality and adverse outcome rates by 
different anesthesia providers, adjusted to patient acuity, and 
other relevant scientific variables. This methodology should be 
developed after consultation with the relevant national 
professional organizations. Nothing in this report shall be 
construed as encouraging, discouraging, or delaying HCFA from 
removing or retaining the current physician supervision 
requirement.
      The conference agreement concurs with language contained 
in the House report and includes funds to demonstrate and 
evaluate family and community responses to the care of the 
elderly.
      The Secretary is urged to consider a demonstration 
program to evaluate the potential savings to the Federal 
government and the level of quality improvement attainable by 
using managed care techniques in Federal health care programs 
relating to clinical laboratory services, including the use of 
preferred provider networks and selective contracting.
      There is concern about the large disparity between the 
costs incurred by clinical laboratories to provide manual 
screening Pap tests and the amount currently paid by Medicare. 
Data from laboratories nationwide that provide service 
indicates that the cost of providing the test averages $13.00 
to $17.00, with the costs in some areas being higher, yet 
Medicare currently pays $7.15. It is believed that adequate 
payment is a necessary component of ensuring women's access to 
quality Pap smears. The agency is urged to act as soon as 
possible to increase the Medicare payment for the screening Pap 
smear.
      The agency is further urged to provide for a commensurate 
increase in the payment rate for new cervical cancer screening 
technologies that have been approved by the Food and Drug 
Administration as significantly more effective than the 
conventional Pap smear. It is recognized that access to the 
best cervical cancer screening techniques is particularly 
important to low-income, minority, and elderly women covered by 
Medicare who in too many cases do not receive regular 
preventive screenings.
      The agency is urged to carry out an outreach campaign to 
increase utilization of pneumococcal and flu vaccines for 
Medicare beneficiaries as authorized by the Balanced Budget Act 
of 1997.
      HCFA should be commended for its efforts in California 
and elsewhere to develop and disseminate culturally and 
linguistically appropriate HIV/AIDS-related education models 
for minority women of childbearing age and health care 
providers. HCFA is encouraged to continue its efforts to 
coordinate the broader development and dissemination of 
multimedia education materials needed to reach this population, 
including managed care organizations, community health centers, 
States and community-based organizations.

                Administration for Children and Families

                   Family Support Payments to States

      The conference agreement includes bill language proposed 
by the Senate to allow reimbursement payments to States under 
the old Aid to Families with Dependent Children program, 
subject to the limitations in the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996. The House had no 
similar provision.

               Low Income Home Energy Assistance Program

      The conference agreement does not include the rescission 
of the fiscal year 1999 appropriation that was contained in the 
House bill. The Senate bill contained no rescission of these 
funds which were appropriated in the fiscal year 1998 
appropriations bill. The agreement also includes an emergency 
appropriation for fiscal year 1999 of $300,000,000 as proposed 
by the Senate. The House bill included no emergency 
appropriation. The agreement also includes an advance 
appropriation for fiscal year 2000 in the amount of 
$1,100,000,000 as contained in both the House and Senate bills.
      The conference agreement provides that in both fiscal 
years 1999 and 2000 up to $27,500,000 is to be used for the 
leveraging incentive fund.

                     Refugee and Entrant Assistance

      The conference agreement includes $415,000,000 as 
proposed by the Senate instead of $415,165,000 as proposed by 
the House. It is understood that approximately $20,000,000 will 
be available in 1999 from 1997 carryover funds; these funds 
shall be used under social services to increase educational 
support to schools with a significantproportion of refugee 
children and for the development of alternative cash assistance 
programs that involve case management approaches to improve 
resettlement outcomes. Such support should include intensive English 
language training and cultural assimilation programs.
      The conference agreement provides $220,698,000 for 
transitional and medical services, a decrease of $10,000,000 
below the House and Senate bills. This reduction reflects lower 
estimates of 1998 program costs that are continued into 1999. 
The funding level for transitional and medical services is 
sufficient to continue the policy of providing eight months of 
assistance to new arrivals.
      The conference agreement provides $139,990,000 for social 
services, an increase of $5,000,000 over the House and 
$10,000,000 over the Senate. The conference agreement includes 
$26,000,000 for increased support to communities with large 
concentrations of refugees whose cultural differences make 
assimilation especially difficult justifying a more intense 
level and longer duration of Federal assistance, and 
$14,000,000 to address the needs of refugees and communities 
impacted by the recent changes in Federal assistance programs 
relating to welfare reform. The agreement includes $19,000,000 
for assistance to communities impacted by Cuban and Haitian 
entrants and refugees whose arrivals in recent years have 
increased.
      The conference agreement includes $4,835,000 for 
preventive health as proposed by the Senate. The House bill 
consolidated this activity into social services.

                 Child Care and Development Block Grant

      The conference agreement appropriates $1,182,672,000 as 
an advance appropriation for fiscal year 2000 as proposed by 
the Senate, instead of $1,000,000,000 as proposed by the House. 
The agreement further provides that $19,120,000 shall be for 
child care resource and referral and school-aged child care 
activities as proposed by the Senate. The House had no similar 
provision. The agreement includes language proposed by the 
Senate modified to require the States to utilize $50,000,000 
above the amount required by section 658G of the basic law for 
activities that improve the quality of infant and toddler child 
care for fiscal year 1999. The House had no similar provision. 
The agreement includes language to require the States to 
utilize $222,672,000 above the amount required by the basic law 
for activities that improve the quality of child care for 
fiscal year 2000, including $50,000,000 specifically for infant 
and toddler child care. The Senate bill specified $50,000,000 
for that purpose. The basic law requires that not less than 
four percent of the appropriation be used for such activities. 
Finally, the agreement includes $10,000,000 for the Secretary 
to carry out research, demonstration and evaluation projects in 
fiscal year 2000.

                      Social Services Block Grant

      The conference agreement includes $1,909,000,000 as 
proposed by the Senate instead of $2,299,000,000 as proposed by 
the House. The agreement modifies a provision included in both 
bills that limits the ability of States to transfer TANF funds 
to the Social Services Block Grant. The transfer percentage 
allowed in fiscal years 1999 and 2000 will be 10 percent.

                Children and Families Services Programs

                        (including rescissions)

      The conference agreement appropriates $6,137,087,000, 
instead of $5,946,820,000 as proposed by the House and 
$6,113,784,000 as proposed by the Senate. In addition, the 
agreement rescinds $21,000,000 from permanent appropriations as 
proposed by both the House and Senate.
      The agreement does not include an advance appropriation 
of $1,365,000,000 for Head Start for fiscal year 2000 proposed 
by the Senate. All Head Start funds in the conference agreement 
are fiscal year 1999 appropriations.
      The agreement appropriates $105,000,000 from the Violent 
Crime Reduction Trust Fund as proposed by the House instead of 
$101,000,000 as proposed by the Senate.
      The agreement includes language proposed by the Senate 
providing that $10,000,000 shall be available for establishing 
Individual Development Accounts, contingent upon the enactment 
of authorizing legislation. The House had no similar provision. 
Also included is an additional citation to the Social Security 
Act as proposed by the Senate.
      Within the amount provided for child abuse discretionary 
activities, $1,000,000 is available for carrying out activities 
authorized by section 105(a)(2) of the Child Abuse Prevention 
and Treatment Act and $2,000,000 is provided to fund a child 
abuse prevention resource center for the Southeastern region of 
the United States to be coordinated by the children's trust 
fund of Alabama.
      Sufficient funds are included to enable the Department to 
give full and fair consideration to a proposal under the Child 
Abuse Prevention and Treatment Act for a national network to 
increase the safety of children. The Public Children Services 
Association of Ohio would be especially suited as a model for 
such a network.
      Sufficient funds are available within the runaway and 
homeless youth activities to fund the Center County Youth 
Services of State College and Three Rivers Youth of Pittsburgh 
at the fiscal year 1998 funding level.
      The conference agreement concurs with the Senate report 
language calling for a pilot study to carefully examine 
information systems issues confronting States as a result of 
welfare reform, such as data collection and reporting 
requirements, case management systems, and the integration of 
multiple systems.
      The conference agreement provides $4,000,000 to the 
Administration on Developmental Disabilities to award 
competitive grants to conduct training and technical assistance 
and other national activities designed to address the problems 
which impede the self-sufficiency of families of children with 
disabilities.
      The conference agreement provides $1,000,000 for 
Community Legal Services, Inc., of Philadelphia, PA, to 
continue providing legal services for the poor.
      The conference agreement provides that $130,000 is to be 
used for colleges and universities that have enrolled American 
Indian and/or Alaska Natives in masters degree programs in 
social work for purposes of providing 20 field practicum 
placements of masters degree candidates in Indian reservation 
and rural Indian community settings.
      The conference agreement concurs in the Senate Report 
language concerning the job creation demonstration authorized 
under section 505 of the Family Support Act of 1988.
      The Head Start Bureau is encouraged to coordinate an 
effort with other agencies aimed at strengthening families and 
communities in their efforts to reduce the negative effect of 
substance abuse on the development of young children.

       Payments to States for Foster Care and Adoption Assistance

      The conference agreement appropriates $3,764,000,000 as 
proposed by the House instead of $3,964,000,000 as proposed by 
the Senate. The agreement does not include a $200,000,000 
reserve fund proposed by the Senate.

                        Administration on Aging

                        Aging Services Programs

      The conference agreement appropriates $882,020,000, 
instead of $861,020,000 as proposed by the House and 
$876,050,000 as proposed by the Senate. The agreement includes 
legal citations as proposed by the House with respect to the 
Alzheimer's initiative. The agreement funds this initiative in 
the Administration on Aging as proposed by the House.
      The conference agreement provides funding for the Senior 
Outreach Program as described in the Senate Committee Report.
      The conference agreement includes the following amounts 
under aging research and training:
      --$1,000,000 for Family Friends
      --$750,000 for a project to monitor and report incidents 
of elderly abuse and neglect as described in the Senate 
Committee Report
      --$750,000 for using telemedicine and video conferencing 
to improve the health of rural elderly Americans and to educate 
health care personnel in rural areas as described in the Senate 
Committee Report
      --$1,000,000 for an outcomes evaluation needed for the 
Government Performance and Results Act
      --$7,000,000 to test different models designed to train 
retirees in local communities in detection and reporting of 
Medicare waste and abuse
      --$200,000 for a pilot project to coordinate, manage and 
assure the provision of supportive services, home health, 
physical therapy, nursing home, and other health care for the 
elderly and mentally and physically disabled at North Central 
Community Services of Wausau, Wisconsin.
      It is recommended that the Administration on Aging 
allocate research and training funds equitably to national 
minority aging organizations with a proven track record in 
delivering services to low income minority persons.
      It is recognized that there is a lack of aging-related 
service capacity in Native American communities. The Department 
is urged to review the cooperative agreements with the two 
previously funded national resource centers at the University 
of Colorado and the University of North Dakota which are 
currently serving Native American elders. Further, each center 
is strongly encouraged to consult with Title VI Directors to 
assure that each center is providing training and technical 
support.

                        Office of the Secretary

                    General Departmental Management

      The conference agreement appropriates $193,902,000, 
instead of $172,513,000 as proposed by the House and 
$174,160,000 as proposed by the Senate. The agreement includes 
a legal citation proposed by the Senate for the United States-
Mexico Border Health Commission.
      The conference agreement includes language proposed by 
the House that earmarks $890,000 for a contract with the 
National Academy of Sciences to conduct a study of available 
scientific literature on repetitive tasks in the workplace and 
musculoskeletal disorders. This study is to be conducted in 
accordance with the instructions contained in the House 
Committee Report.
      The conference agreement contains an increase of 
$4,000,000 over the President's budget request for traditional 
departmental management activities. These funds are not 
intended to be used for any other activity. Should the 
Secretary decide to use any part of these funds for a different 
purpose, she must first submit a reprogramming request to the 
Appropriations Committees.
      The conference agreement includes $1,000,000, to be 
derived from the one-percent evaluation setaside in ASPE, to 
fund, through a contract with the National Academy of Sciences, 
the establishment and coordination of a national task force on 
alcohol-related birth defects. This task force, which will 
include representation from within, and outside of, the Federal 
government, shall be charged with developing a national 
strategy for the prevention of alcohol-related birth defects, 
including Fetal Alcohol Syndrome and Fetal Alcohol Effect, and 
for the provision and coordination of appropriate interventions 
for affected individuals and their families.
      The conference agreement concurs with the Senate Report 
language concerning the human services transportation technical 
assistance program.
      The conference agreement includes $1,000,000 to support 
the activities of the United States-Mexico Border Health 
Commission as authorized by Public Law 103-400.
      The conference agreement includes $6,400,000 in the 
Office of Minority Health for the minority male initiative as 
described in the House Committee Report. Also included for that 
Office is funding for the three projects at the amounts 
specified in the Senate Committee Report. In addition, the 
agreement includes $1,000,000 for the University of Arkansas at 
Pine Bluff, an historically black institution, for the purpose 
of upgrading health-related facilities and equipment.
      The conference agreement includes $8,000,000 for the 
Office of Minority Health to strengthen the role of the OMH in 
HIV health care promotion and prevention at the state and local 
level. These funds will complement existing and previously 
planned targeted HIV/AIDS minority activities. These funds will 
allow OMH to: initiate an educational campaign to improve 
knowledge and awareness among HIV-infected racial and ethnic 
minorities, and the health care providers serving these 
populations, of the importance of state-of-the-art therapy for 
HIV/AIDS in improving the length and quality of life; fund 
cooperative agreement grantees to work with states to 
strengthen and monitor state, local and territorial plans for 
providing HIV services to minorities; collaborate with SAMHSA 
to fund programs aimed at coordination of services for HIV, 
drug treatment and metal health; fund state and territory 
offices of minority health for demonstration projects to 
improve minority access to information and services and HIV/
AIDS treatment; and collaborate with NIH and CDC to fund 
prevention research studies on HIV-related behaviors.
      The OMH is urged to make community development and 
coordination grants to indigenous organizations with a history 
of supporting community development efforts in health promotion 
and disease prevention that would support the development of 
leadership coalitions to conduct needs assessments and planning 
processes for the purpose of integrating HIV, STD, TB, 
substance abuse prevention, treatment and care services. These 
funds should also be used to address the HIV epidemic in the 
territories, such as in the Virgin Islands where, for example, 
the HIV/AIDS case rate is more than twice the national case 
rate of 24.1 per 100,000.
      The conference agreement expects HHS to maintain the 
current level of support for Meharry Medical College to 
continue a cooperative agreement to support the development of 
an integrated health delivery system in a historically 
undeserved community, and that the Office of Minority Health 
should provide no more than $1,000,000 of the total amount 
provided for the effort. The remainder shall be provided by 
other agencies of HHS. The conference agreement includes funds 
within the Office of Minority Health to continue a study on 
managed care and historically minority health professions 
schools.
      The Secretary is encouraged to work with Greater 
Southeast Medical Center in Southeast, Washington, DC to 
develop a telemedicine network designed to provide access to 
modern health information systems.
      The conference agreement concurs with the Senate 
Committee Report language in the Office on Women's Health 
concerning the national public education campaign on 
osteoporosis.
      The Office on Women's Health, the intelligence community 
and the National Information Display Laboratory (NIDL) are to 
be commended for their innovative, cooperative technology 
transfer program begun in 1994. The results of this 
experimental initial effort have exceeded expectations. 
Computer-aided diagnoses of mammograms have shown a factor of 
two improvement in detection of breast microcalcifications. The 
conference agreement wishes to build upon the success of the 
initial program, and the Office on Women's Health is strongly 
urged to continue the technology transfer effort with the NIDL 
to improve breast cancer detection, conduct clinical 
evaluations of promising technologies, conduct medical research 
on topics that show promise for future benefit in breast cancer 
detection and expand the technology transfer to other priority 
medical problems.
      The Department is expected, with Department of Energy and 
Nuclear Regulatory Commission consultation and review, to 
develop and implement an independent scientific and management 
review and audit of the thyroid and leukemia studies being 
conducted by the United States and the governments of Belarus 
and Ukraine. The audit and review should be conducted with 
input and participation from the Advisory Committee on Energy-
Related Epidemiologic Research and other non-governmental 
organizations.
      The Department is expected to provide to Congress plans 
and recommendations for the development and implementation of 
guidelines and policies governing the conduct of radiation 
health effects studies.
      With the ongoing development of new therapies for HIV 
infection, the definition of appropriate treatment of the 
disease is continually changing. There is concern that many 
health care practitioners and patients may not have ready 
access to updated information on treatment of HIV disease. The 
Secretary is requested to submit to the Appropriations 
Committees a detailed plan, no later than six months following 
passage of this bill, which addresses, (1) the role of various 
Departmental entities in training health care providers and 
patients in the treatment of HIV disease, and (2) methods by 
which the Department's HIV treatment guidelines will be 
integrated into health care services provided through HRSA and 
HCFA. It is expected that the Department's Office of HIV/AIDS 
Policy will play a central role in coordinating efforts in this 
area across Departmental agencies.
      There is concern with findings in the HIV Costs, Services 
and Utilization Study that indicate many individuals with HIV 
infection are not receiving treatment for the disease 
consistent with guidelines issued by the Department. It is 
understood that a comprehensive system of primary care and 
support services is needed in order to provide individuals with 
HIV disease appropriate care and treatment. The Secretary is 
requested to prepare a report, no later than one year after the 
passage of this bill, on the accessibility and utilization of 
recommended HIV-related treatments and prophylactic therapies 
by people with HIV disease who are served by HRSA and HCFA 
programs. The report should suggest any program and structural 
improvements needed in order to improve these rates. The report 
should also suggest approaches which can encourage Departmental 
grantees to provide the standard of HIV care outlined in the 
Department's HIV treatment guidelines.
      The Secretary is encouraged to develop mechanisms for 
timely dissemination of written information related to emerging 
standards of care for HIV treatment and clinical guidelines for 
providers and grantee recipients of Federal funds. These 
mechanisms should be developed in a timely and expedient manner 
while maintaining standards of appropriate Departmental review 
and publication.
      Over the past decade there have been numerous studies on 
the possible link between the environment and breast cancer 
rates. The Secretary of Health and Human Services is encouraged 
to consult with the National Academy of Sciences to assess the 
current scientific knowledge on the potential environmental 
causes of breast cancer, and to identify research needs, 
establish research priorities, and make recommendations about 
the implementation of the research plan identified. The 
consultation should include scientists, outside agencies, and 
community advocates.
      It is recommended that the Aberdeen Area office of the 
Indian Health Service continue to work with the Bennett County 
hospital in South Dakota to engage in a comprehensive review of 
bills for health services provided to Indian people, especially 
for the period between 1994 and 1998, to ensure that the 
hospital receives appropriate reimbursement from IHS.
      It is expected that the Office of Inspector General will 
review the indirect provider exclusion rule and report to the 
House and Senate Appropriations Committees no later than March 
31, 1999 its rationale for excluding indirect providers.
      The conference agreement includes $5,000,000 in the 
Policy Research account in the Office of the Secretary to 
continue research on the outcomes of welfare reform. It is 
recommended that this research involve state-specific surveys 
and data sets, survey data on the impacts of state waiver 
programs, and administrative data such as Food Stamp, Social 
Security and Internal Revenue Service records. The research 
should measure outcomes in both low and high economic growth 
areas of the country. The Department is urged to continue to 
involve the National Academy of Sciences to provide guidance on 
research design and to recommend further research. An interim 
report is to be submitted to the Appropriations Committees 
within six months.

            Public Health and Social Services Emergency Fund

      The conference agreement includes an emergency allocation 
of $216,922,000 within the Public Health and Social Services 
Emergency Fund, to be made available only to the extent that an 
official budget request for $216,922,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985. The Senate bill identified 
$300,000,000 for these activities as emergency funding and the 
House bill identified $51,000,000 in the Centers for Disease 
Control only for the pharmaceutical stockpile activity. The 
fund addresses the Administration request for bioterrorism and 
related activities as well as for bolstering public health 
infrastructure, conducting studies regarding health and 
national security, and combating certain infectious diseases. 
The conference agreement also includes a provision that would 
require the Department of Health and Human Services to submit, 
prior to the obligation of funds, an operating plan to the 
House and Senate Committees on Appropriations.
      The amount provided includes $154,750,000 for the Centers 
for Disease Control and Prevention for the following 
activities: $1,000,000 for the development of an overall 
preparedness plan; $1,000,000 to enhance technical capabilities 
to identify certain biological agents; $1,750,000 for 
conducting independent studies of health and bioterrorism 
threats specified in the Senate report; $2,000,000 to assist 
States in developing emergency preparedness and response plans; 
$2,000,000 to expand the CDC Epidemic Intelligence Service; 
$2,000,000 for regional laboratories for measuring chemical 
exposures; $5,000,000 to better identify potential biological 
and chemical terrorism agents; $5,000,000 to develop new 
sources and methods for surveillance; $5,000,000 to develop 
rapid toxic screening; $5,000,000 for the environmental health 
laboratory; $7,000,000 to strengthen State and local 
epidemiological and surveillance capacity; $11,000,000 for 
regional laboratories for detecting and measuring biological 
and chemical agents; $28,000,000 to establish a national health 
alert network; $20,000,000 for polio eradication activities; 
and $8,000,000 for measles eradication activities. The amount 
also includes bill language designating $51,000,000 to remain 
available until expended for the CDC to establish a 
pharmaceutical and vaccine stockpile for civilian populations. 
The House bill provided for this activity at CDC as non-
emergency funding. The Senate bill provided for this activity 
at the Office of Emergency Preparedness.
      The amount provided also includes $12,172,000 for the 
Office of the Secretary for the following activities: 
$2,500,000 for the Office of Emergency Preparedness for a 
national disaster medical system; $1,500,000 for developing 
national response capabilities; $3,000,000 for metropolitan 
medical response systems; $1,850,000 for a nuclear weapons 
radiation study described in the Senate report; and $3,000,000 
in bill language for the renovation and modernization of Fort 
McClellan's Noble Army Hospital in Alabama for bioterrorism 
training activities. The conference agreement also includes 
$322,000 in bill language to be provided to Calhoun County, 
Michigan for reimbursement of certain expenses related to food-
borne illnesses.
      The conference agreement assumes that within the overall 
increase provided for NIH, $10,000,000 will be allocated for 
vaccine research and development activities in support of the 
bioterrorism initiative.
      Public health data indicates that African Americans and 
other minorities are disproportionately and more severely 
impacted by HIV/AIDS and experience significantly higher 
morbidity and mortality rates than do other populations in the 
United States. The conference agreement includes an additional 
$50,000,000 to address the HIV/AIDS crisis facing the African 
American community and other racial and ethnic minority 
communities due to the changing demographics of the disease. 
These funds are to be available to address prevention and 
treatment needs of minority communities that are heavily 
impacted by HIV/AIDS, and should compliment existing and 
previously planned targeted HIV/AIDS minority activities. These 
funds are available for the Secretary of the Department of 
Health and Human Services to transfer to other agencies to: 
expand and improve access to state-of-the-art HIV/AIDS 
therapies; strengthen and expand targeted HIV/AIDS effective 
prevention and intervention activities; support HIV/AIDS 
substance abuse activities; provide critical technical 
assistance in high risk communities; and build and sustain HIV/
AIDS infrastructure. In allocating these funds, consideration 
should be given to the territories, such as in the Virgin 
Islands, where, for example, the HIV/AIDS case rate is more 
than twice the national case rate of 24.1 per 100,000.

                           GENERAL PROVISIONS

                       NIH and SAMHSA Salary Cap

      The conference agreement includes a provision (section 
204) limiting the use of the National Institutes of Health and 
the Substance Abuse and Mental Health Services Administration 
funds to pay the salary of an individual, through a grant or 
other extramural mechanism, at a rate in excess of Level III of 
the Executive Schedule instead of $125,000 as proposed by both 
the House and Senate.

                            Advisory Boards

      The conference agreement makes permanent a provision 
(section 206) contained in both the House and Senate bills that 
prohibits the expenditure of funds for the Federal Council on 
Aging and for the Advisory Board on Child Abuse and Neglect.

                         NIH Transit Subsidies

      The conference agreement makes permanent a provision 
(section 210) contained in both the House and Senate bills that 
allows the use of funds by the National Institutes of Health 
for transit subsidies for non-FTE bearing positions including 
trainees, visiting fellows and volunteers.

           Parental Participation in Family Planning Services

      The conference agreement includes a provision (section 
211) contained in the House bill prohibiting the funding of 
family planning grantees unless the grantee certifies that it 
encourages family participation in the decision of a minor to 
seek family planning services and that it provides counseling 
to minors on resisting attempts to coerce them into engaging in 
sexual activities. The Senate bill contained no similar 
provision.

         National Institute of Dental and Craniofacial Research

      The conference agreement includes a provision (section 
212) contained in both the House and Senate bills that renames 
the National Institute of Dental Research as the National 
Institute of Dental and Craniofacial Research.

                         Organ Transplantation

      The conference agreement includes amended House bill 
language (section 213) which: (1) prohibits the April 2, 1998 
Organ Procurement and Transplantation Network (OPTN) final rule 
from becoming effective for a year; (2) provides a review of 
existing policies and the April 2, 1998 final rule by the 
Institute of Medicine (IOM), under contract and subject to 
review by the Comptroller General; and (3) provides for data 
collection and analysis activities. The conference agreement 
directs that professional staff with appropriate expertise, who 
have not been involved in this regulatory issue, should 
undertake this work for the IOM.

         Hospital Notification of Deaths for Organ Procurement

      The conference agreement does not include a provision 
contained in the House bill that suspends HCFA regulations 
requiring, as a condition of participation in Medicare, that 
hospitals notify local organ procurement networks of all deaths 
occurring in the hospital. The Senate bill contained no similar 
provision.

                        Louis Stokes Laboratory

      The conference agreement includes a provision contained 
in the House bill to name the Consolidated Laboratory Building 
(Building 50) at NIH the Louis Stokes Laboratories. The Senate 
bill contained no similar provision.

                      Medicaid Funding for Viagra

      The conference agreement does not include sections 218 
and 219 of the House bill. The Senate bill contained no similar 
provisions. There are concerns about clinical and financial 
abuse of these drugs that could endanger the health of patients 
and undermine the public support for the Medicaid program that 
often cannot adequately provide basic health care for all needy 
individuals. Therefore, HCFA is encouraged to establish a 
rigorous system to review utilization of these drugs by working 
with States, clinicians, consumer advocates, and others to 
assure consistent collection of data necessary to make the 
exclusion determination under section 1927(d)(3) if the drug is 
subject to clinical abuse or inappropriate use.

   Title X Compliance With State Laws and Requirements for Parental 
                                Consent

      The conference agreement does not include a provision 
contained in the House bill that requires title X clinics to 
comply with State laws relating to notification or reporting of 
child abuse, child molestation, sexual abuse, rape or incest 
and also requires clinics to notify a parent or guardian prior 
to the provision of contraceptive drugs or devices to minors. 
The Senate bill contained no similar provision.

                            Medicare+Choice

      The conference agreement includes a provision contained 
in both House and Senate bills that assures Medicare+Choice 
plans are not required to provide abortion services but that 
such services must be available to beneficiaries outside the 
plan.

            Dale and Betty Bumpers Vaccine Research Facility

      The conference agreement includes a provision contained 
in the Senate bill to name the Vaccine Research Facility 
(Building 40) at NIH the Dale and Betty Bumpers Vaccine 
Research Facility. The House bill contained no similar 
provision.

                        Prostate Cancer Research

      The conference agreement deletes without prejudice a 
provision contained in the Senate bill that earmarks 
$175,000,000 for prostate cancer research at NIH. The House 
bill contained no similar provision.

         Substance Abuse and Mental Health Block Grant Formula

      The conference agreement includes a provision not 
contained in either the House or Senate bills that allows funds 
allocated to the States for the substance abuse block grant and 
the mental health block grant to be allocated according to 
current law which would incorporate the Secretary's decision to 
change the wage proxy to the use of non-manufacturing wages.

                   Title X Compliance With State Laws

      The conference agreement includes a provision contained 
in the House bill that requires Title X clinics to comply with 
State laws relating to notification or reporting of child 
abuse, child molestation, sexual abuse, rape or incest. The 
Senate bill contained no similar provision.

                   TITLE III--DEPARTMENT OF EDUCATION

                            Education Reform

      The conference agreement includes $1,314,100,000 for 
Education Reform, instead of the $861,500,000 proposed by the 
House and $1,244,500,000 as proposed by the Senate.
Goals 2000
      The conference agreement provides $491,000,000 instead of 
$496,000,000 provided by the Senate and $245,500,000 provided 
by the House. This amount includes $461,000,000 for state 
grants instead of $466,000,000 as proposed by the Senate and 
$220,500,000 as proposed by the House. For parental assistance, 
the conference agreement includes $30,000,000, the same level 
as in the Senate bill instead of $25,000,000 in the House.
Education Technology
      For education technology, the conference agreement 
provides $698,100,000 instead of the $623,500,000 proposed by 
the Senate and the $541,000,000 provided by the House.
            Technology Literacy Challenge Fund
      For the Technology Literacy Challenge Fund, the 
conference agreement includes $425,000,000, as proposed by both 
the House and Senate.
            Technology Innovation Challenge Grants
      For the Technology Innovation Challenge Grants, the 
conference agreement provides $115,100,000 instead of 
$106,000,000 as proposed by the House and the$126,000,000 
proposed by the Senate. Within the amount provided for Technology 
Innovation Challenge Grants, the conference report specifies funding 
for the following activities:
      $500,000 for a state-of-the-art demonstration of 
information technology systems to be carried out by Mansfield 
University, Mansfield, Pennsylvania;
      $2,500,000 to allow Rutgers, The State University of New 
Jersey to carry out the RUNet 2000 project that will establish 
a comprehensive, integrated voice-video-data communications 
network;
      $1,000,000 for the Krell Institute in Ames, Iowa to help 
meet the need for a technology-capable workforce through 
professional development for technology training and summer 
programs for teachers;
      $850,000 for the State of Alaska Department of Education 
to develop an Internet-based curriculum and to provide 
professional development to elementary and secondary school 
teachers;
      $2,000,000 for Hawaii Department of Education's ``Magnet 
E-School'' technology training and curriculum initiative;
      $250,000 for the ``Passport to Chicago Community 
Network'' technology training project in Chicago, Illinois;
      $600,000 for the technology in the classroom pilot 
program for the Green Bay Public School System in Green Bay, 
Wisconsin to assist four middle schools in enhancing technology 
access and teacher training;
      $1,200,000 for LEARN North Carolina and the University of 
North Carolina at Chapel Hill; and
    $1,500,000 for the Iowa Department of Education for grants 
to Community Colleges to provide technical assistance to low-
income school districts for technology.
      Within the amount provided for Technology Innovation 
Challenge Grants, the conference agreement also sets aside 
$22,000,000 for a broad based competition on promoting the use 
of advanced technology to improve education for all students 
and teachers. In administering this initiative, the conference 
agreement provides that full and fair consideration, consistent 
with current practices and policies will be given to 
applications submitted by the institutions identified in the 
House Report (105-635) and the Senate Report (105-300) and 
applications submitted by institutions identified under this 
heading in this statement of managers.
      The conference agreement encourages the Department to 
provide $2,500,000 for a demonstration project on information 
technology that integrates computer and media technologies with 
traditional scholastic disciplines for grades K-16. The 
University of Colorado would be especially suited for such a 
program and should be given full and fair consideration for an 
award.
      The conference agreement encourages the Department to 
provide $200,000 for an innovative project to assist parents in 
technology-based instruction. The Alhambra School District in 
California would be especially suited for such a program and 
should be given full and fair consideration for an award.
      The conference agreement contemplates an innovative 
effort to establish a multi-state demonstration program to 
guide the development of statewide technology-rich education 
and learning systems in the United States. The State of 
Washington, in consortium with Arkansas, Illinois, California 
and Pennsylvania, would be especially suited for this program 
and should be given full and fair consideration for funding.
      The conference agreement encourages the Department to 
provide $360,000 for an innovative project designed to engage 
students in language arts projects using technology as an 
instruction tool. The Alhambra School District in California 
would be especially suited for such a program and should be 
given full and fair consideration for an award.
      The conference agreement contemplates a collaborative 
teacher development initiative in Minnesota that would include 
KTCA, a community-based public television station; the Green 
Institute for Teaching and Learning; and the Minnesota 
Department of Children, Families and Learning. The conference 
agreement encourages the Department to provide $1,400,000 to 
this initiative which would demonstrate the potential 
integrated use of digital television, online computer services 
and community resources to teachers as both training and 
educational tools.
      The conference agreement urges the Secretary, when 
awarding educational technology grants, to give consideration 
to school districts around the country that exemplify: (1) high 
concentrations of at-risk youth; (2) empowerment zones and 
enhanced enterprise communities; and (3) significant investment 
to establish infrastructure with aggressive plans to utilize 
educational technology. The Houston Independent School District 
in Houston, Texas is an example of such a school that has made 
a substantial effort in this area.
            Regional technology in education consortia
      For Regional technology in education consortia, the 
conference agreement includes $10,000,000, as proposed by both 
the House and Senate.
            National Activities
      The conference agreement includes $87,000,000 for three 
new national education technology initiatives: $75,000,000 for 
teacher training in technology, $10,000,000 to establish 
computer learning centers in low-income communities, and 
$2,000,000 for national technology leadership activities. The 
House bill and the Senate bill contained no similar provisions.
Star Schools
      For Star Schools, the conference agreement provides 
$45,000,000, instead of the $46,500,000 in the Senate bill. The 
House bill provided no funding for this program.
      Within the conference agreement, $800,000 shall be 
provided to the School of Agriculture and Land Resources 
Management of the University of Alaska, Fairbanks. These funds 
are to be used to implement a demonstration project to enhance 
the distance delivery of natural resources management courses, 
including soils and forestry, to students in rural areas.
      Within the conference agreement, $8,000,000 shall be 
provided to continue and expand the Iowa Communications Network 
statewide fiber optic demonstration project and $350,000 for 
multimedia classrooms for the rural education technology center 
at Western Montana College in Dillon, Montana.
      Within the amount provided for Star Schools, the 
conference agreement also sets aside $9,850,000 for a broad 
based competition on utilizing distance education to improve 
instruction. In administering this initiative, the conference 
agreement provides that full and fair consideration, consistent 
with current practices and policies will be given to 
applications submitted by the institutions identified in House 
Report 105-635 and Senate Report 105-300 and applications 
submitted by the institutions identified under this heading in 
this statement of managers.
      The conference agreement encourages the Department to 
provide $120,000 for a program to bring interactive video 
network and high-speed data communications to rural schools. 
The schools in Floyd and Craig Counties in southwestern 
Virginia would be especially suited for such a program and 
should be given full and fair consideration for an award.
            Ready To Learn Television
      The conference agreement provides $11,000,000 as proposed 
by the Senate. No funds were proposed by the House.
            Telecommunications demonstration project for mathematics
      The conference agreement provides $5,000,000 for 
telecommunications demonstration project for mathematics as 
proposed by the Senate. No funds were proposed by the House.

                    Education for the Disadvantaged

      The conference agreement includes $8,370,520,000 for 
Education for the Disadvantaged instead of the $8,334,781,000 
proposed by the Senate and $8,056,132,000 proposed by the 
House.
      For Grants to Local Education Agencies (LEAs) the 
agreement provides $7,796,020,000 the same level as provided in 
the Senate bill. The House bill included $7,495,232,000. Of the 
funds made available for basic and concentration grants, 
$6,148,386,000 becomes available on October 1, 1999 for the 
academic year 1999-00.
      The agreement includes $6,574,000,000 for basic state 
grants and $1,102,020,000 for concentration grants. The 
conference agreement provides no funding for the targeted 
grants program. The House bill provided $300,000,000 for this 
purpose. The Senate bill contained no similar provision.
      The conference agreement includes $120,000,000 under 
Title I (and $25,000,000 under the Office of Educational 
Research and Improvement) for continuation grants to local 
educational agencies for the Comprehensive School Reform 
Demonstration Program. The conference agreement recognizes that 
small schools may have greater opportunities to implement 
comprehensive school reform efforts through working in 
collaboration with other small schools. In order to ensure the 
maximum opportunity for the participation of small schools in 
the Comprehensive School Reform Demonstration Program, the 
conference agreement clarifies that the minimum award amount 
applies to individual schools, or to school consortia serving a 
maximum of 500 students.

                               Impact Aid

      The conference agreement provides $864,000,000 for the 
Impact Aid programs instead of $848,000,000 as proposed by the 
House and $810,000,000 as proposed by the Senate.
      The conference agreement also includes a legislative 
provision relating to payments for heavily impacted school 
districts (section 8003(f)) which changes the method by which 
payments made under this section are allocated to provide 
supplemental payments for federally connected students only. It 
is understood that this provision will result in greater budget 
stability for school districts that are heavily impacted by the 
presence of federally connected children. It is further 
understood that the change has been agreed upon by all school 
districts that would be affected. No subsequent adjustments 
will be made for school districts that experience funding 
shortfalls or losses as a result of this provision. The 
Department of Education shall report to the Appropriations 
Committees of both the House and Senate no later than March 1, 
1999 on the implementation of this provision.
      The conference agreement also includes the following 
language provisions: eligibility for the Webster School 
District, Day County, South Dakota; payment calculations for 
Stanley County, South Dakota; timely filing of applications by 
the Delaware Valley, Pennsylvania, local educational agency, 
and Prince Georges County, Maryland; payments for San Diego, 
California, Centennial, Pennsylvania, and Hatboro-Horsham, 
Pennsylvania LEAs and Randolph Field Independent School 
District, Texas; and computing payments for Travis Unified 
School District in California. Neither the House nor Senate 
bills contained similar provisions.

                      School Improvement Programs

      The conference agreement provides $2,811,134,000 for 
School Improvement Programs, instead of $1,542,334,000 as 
proposed by the House and $1,655,188,000 as proposed by the 
Senate. For the Eisenhower professional development activities, 
the agreement provides $335,000,000 the same level as in the 
Senate bill. The House provided $285,000,000.
      For innovative education program strategies, title VI of 
the Elementary and Secondary Education Act of 1965, the 
agreement provides $375,000,000. The House provided 
$400,000,000 and the Senate bill included $350,000,000.
      The conference agreement includes an additional 
$1,200,000,000 under title VI for an initiative to reduce class 
size. Funding for this activity was included in neither the 
House nor Senate bills.
      The conference agreement recognizes impressive research 
studies showing improvements in academic achievement and 
reduction in discipline problems among students attending 
smaller classes with well-prepared teachers in the early 
grades. Class-size reduction can be particularly beneficial in 
those early grades because students in those grades are 
learning to read and to master the basics in math and other 
subjects. Accordingly, the conference agreement includes 
$1,200,000,000 for state formula grants under title VI of the 
Elementary and Secondary Education Act of 1965 to assist states 
to reduce class size in their classrooms, particularly in 
grades 1-3.
      The bill provides that the allocation of funds under 
section 307 to the states shall be based on the proportional 
share that each state received from the fiscal year 1998 
appropriation under the Title 1 program or the Eisenhower 
Program, whichever is greater. States would allocate their 
grant funds among local educational agencies based on a formula 
that reflects both their relative numbers of children in low-
income families and their school enrollments. Local educational 
agencies would use these funds to recruit, hire, and train new 
teachers, as well as to provide professional development to 
existing teachers. A local educational agency that has already 
reduced class size in its regular classrooms in the early 
grades could use its funds to make further reductions in grades 
1-3, reduce class size in kindergarten or other grades, or 
carry out activities to improve teacher quality, including 
professional development. In order to provide for effective 
accountability to parents and the public, the conference 
agreement provides that individual schools or the local 
educational agency will provide an annual report card, in 
easily understandable language, on class size and student 
achievement.
      The conference agreement includes $566,000,000 for the 
Safe and Drug Free Schools and Communities Act. Both the House 
and Senate bills provided $556,000,000.
      Included within this amount is $441,000,000 for state 
grants, instead of $531,000,000 as proposed by the House and 
$381,000,000 as proposed by the Senate. The conference 
agreement also includes $125,000,000 for a new school violence 
prevention initiative under the Safe and Drug Free Schools 
program, instead of $25,000,000 proposed for national 
discretionary activities by the House and $175,000,000 proposed 
by the Senate for national school violence and national 
discretionary activities.
      There is great concern about the frequent occurrence of 
violence in our nation's schools. The conference agreement 
provides that the Secretary shall use $90,000,000 under 
national programs to support activities that promote safe 
learning environments for students. Such activities should 
include targeted assistance, through competitive grants, to 
local educational agencies for developing community-wide 
approaches to creating safe and drug-free schools; providing 
alternative education settings for students expelled 
fordisciplinary reasons; improving the assessment of student behavior 
as a part of the disciplinary process; enhancing the capacity of 
schools to provide mental health services to troubled youth; providing 
training for teachers, counselors, school security officers, and other 
school personnel to identify early warning signs of violent behavior; 
and responding to disruptive and violent behavior by students.
      Further, the conference agreement includes $35,000,000 
under national programs for a new Safe and Drug Free Schools 
coordinator initiative. Funds would be used for competitive 
grants to local educational agencies to fund the recruitment, 
training and employment of drug and school safety program 
coordinators at those middle schools with the worst drug, 
discipline and violence problems. In addition to these new 
school violence prevention initiatives under the Safe and Drug 
Free Schools Program, the conference agreement also includes 
$40,000,000 to improve children's mental health services under 
the Substance Abuse and Mental Health Administration (SAMHSA) 
in the Department of Health and Human Services (HHS), for a 
total of $165,000,000 for new efforts aimed at drug and 
violence prevention in schools. The conference report 
encourages the Department to coordinate its school violence 
initiatives with those at SAMHSA in HHS.
      The conference agreement includes $20,000,000 for the 
Education of Native Hawaiians instead of no funding included in 
the House bill or the $22,000,000 in the Senate bill. The 
conference agreement assumes that when allocating these funds, 
the Secretary of Education fund the following activities as 
described in more detail in the Report of the Senate Committee 
(Senate Report No. 105-300):

Curricula development, teacher training, and recruitment 
    programs............................................      $5,000,000
Community Based Learning Centers........................       1,000,000
Hawaiian Higher Education Programs......................       2,500,000
Gifted and Talented Programs............................       2,000,000
Special Education.......................................       2,000,000
Native Hawaiian Education Councils......................         300,000
Family-Based Education Centers..........................       5,200,000
Preschool Education of Native Hawaiian Children.........       2,000,000

      The conference agreement includes $100,000,000 for 
Charter Schools, the same as proposed by the House. The Senate 
proposed $80,000,000.
      For Arts in Education, the conference agreement provides 
$10,500,000, the same amount provided by the Senate bill and 
the House bill. The amount recommended will support two awards: 
$5,746,000 for a grant to Very Special Arts and $4,754,000 for 
a grant to the John F. Kennedy Center for the Performing Arts.

                           Reading Excellence

      The conference agreement includes $260,000,000 for 
activities authorized under the Reading Excellence Act. Neither 
the House nor the Senate provided funding for this activity. 
The agreement also includes, as a separate title, the text of 
the Reading Excellence Act, which also was included in neither 
the House nor Senate reported bills. This title amends Title II 
of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) to create a two-year competitive grant 
program to States to assist children having difficulty with 
reading.

                   Bilingual and Immigrant Education

      The conference agreement includes $380,000,000 for 
Bilingual and Immigrant Education programs. Both the House and 
Senate bills included $354,000,000. For Instructional Services, 
the agreement includes $160,000,000, the same level as the 
House and Senate bills. For Support Services, the agreement 
provides $14,000,000, the same level as in the House and Senate 
bills. For Professional Development, the agreement provides 
$50,000,000, $25,000,000 above the level provided in both the 
House and Senate bills. For immigrant education, the agreement 
provides $150,000,000, the same level as in the House and 
Senate bills. The agreement also provides $6,000,000 for 
foreign language assistance. Both the House and Senate bills 
provide $5,000,000.
      The Waterloo Community School District in Iowa is faced 
with an unanticipated influx of immigrants into the community, 
primarily from Bosnia. The Waterloo community schools are 
committed to transformations that will effectively address the 
challenge of educating a new and different growing student 
population. The Department of Education is encouraged to give 
full consideration to a proposal from the Waterloo school 
district.

                           Special Education

      The conference agreement includes $5,124,146,000 for 
Special Education, instead of the $5,104,146,000 proposed by 
the House and $5,112,946,000 as proposed by the Senate. 
Included in these funds is $4,100,700,000 for Grants to the 
States, the same as the House level. The Senate provided 
$4,090,000,000. Including funding from prior years, the total 
available for state grants is $4,310,700,000, an increase of 
$509,700,000 over fiscal year 1998.
      The conference agreement includes $1,500,000 to be used 
in connection with the Special Olympics World Summer Games in 
1999 to support a symposium and local community based 
activities in support of the games and $1,500,000 for the 
preparation and planning for the Special Olympics World Winter 
Games in 2001. The conference agreement also includes $600,000 
for the second year of the Easter Seal Society's Early 
Childhood Development Project for the Mississippi River Delta 
Region.
      Included in the conference agreement is $33,023,000 for 
technology and media services, as proposed by the House, 
instead of the $32,523,000 as proposed by the Senate bill. The 
conference agreement includes $6,500,000 for Recordings for the 
Blind and Dyslexic as described in the House and Senate 
Reports. The FY 1999 budget justification materials submitted 
by the Department of Education indicated that a continuation 
award of $6,000,000 would be made in 1999 to the Recordings for 
the Blind & Dyslexic under the President's proposed budget. The 
conference agreement increases the amount of this continuation 
award for RFB&D to $6,500,000 in order for it to serve more 
blind and print disabled students and to continue development 
and use of user-friendly digital-audio technology on behalf of 
these students. The conference agreement contemplates that 
these funds be distributed to RFB&D as early in the fiscal year 
as possible.

            Rehabilitation Services and Disability Research

      The conference agreement includes $2,652,584,000 for 
Rehabilitation Services and Disability Research, instead of 
$2,646,640,000 as proposed by the House and $2,645,266,000 
proposed by the Senate.
      For Vocational Rehabilitation State Grants, the agreement 
provides $2,304,411,000, the same as the House level. The 
Senate provided $2,298,467,000.
      The conference agreement also includes $39,629,000 for 
training personnel to provide rehabilitation services to 
persons with disabilities. This level is the same as in the 
Senate bill while the House provided $33,685,000.
      The conference agreement also provides $10,894,000 for 
Protection and Advocacy of Individual Rights, the same level as 
in the House bill. The Senate provided $9,894,000.
      The conference agreement provides $8,550,000 for the 
Helen Keller National Center for Deaf-Blind Youth and Adults, 
the same level as in the House bill. The Senate provided 
$8,176,000.
      Within the amount provided for the National Institute on 
Disability and Rehabilitation Research, the conference 
agreement contemplates that the Department will give full and 
fair consideration, consistent with current practices and 
policies, to applications submitted by the institutions 
identified in the House Report (105-635), and the Senate Report 
(105-300) and applications submitted by the institutions 
identified in this statement of managers. In addition, the 
conference agreement contemplates similar consideration for 
applications from the George Mason University's Krasnow 
Institute for Advanced Studies for a $750,000 grant to support 
cutting-edge research to treat problems in neurological wiring 
that slow an affected individual's ability to process sounds 
and information.
      The conference agreement encourages the Department of 
Education to demonstrate a technology-based approach to 
preparing researchers to work with the visually impaired, 
cognitively impaired, speech impaired and severely disabled. 
The conference agreement contemplates that the Dominican 
College of Blauvelt would be well suited to administer such a 
project because of its outstanding accomplishment and expertise 
in the field of special education.
      The conference agreement strongly encourages the 
Department of Education to consider an application from the 
California State University, Northridge to construct and equip 
an adaptive aquatic facility for disabled adults.
      The conference agreement strongly encourages the 
Department of Education to consider an application from the 
Skating Association for the Blind and Handicapped, Inc. to 
expand their program to assist people with disabilities to 
succeed at the sport of ice skating.

           Special Institutions for Persons With Disabilities

               National Technical Institute for the Deaf

      The conference agreement provides $45,500,000 for the 
National Technical Institute for the Deaf as proposed by the 
Senate instead of $44,791,000 as proposed by the House.

                     Vocational and Adult Education

      The conference agreement includes $1,539,247,000 for 
Vocational and Adult Education instead of the $1,532,247,000 as 
proposed by the House and $1,502,478,000 as proposed by the 
Senate. $1,030,650,000 is included in the agreement for 
Vocational Education basic state grants, the same level as 
proposed by the House. The Senate proposed $1,027,550,000.
      For Adult Education the agreement provides $385,000,000, 
instead of the $378,000,000 provided in the House bill and 
$355,828,000 in the Senate bill. The conference agreement also 
provides $20,000,000 for Adult Education National Programs 
instead of the $13,000,000 provided in the House bill and 
$10,489,000 provided in the Senate bill.

                      Student Financial Assistance

      The conference agreement provides $9,348,000,000 for 
Student Financial Assistance instead of $9,672,654,000 as 
proposed by the House and $10,172,551,000 as proposed by the 
Senate. The conference agreement sets the maximum Pell Grant at 
$3,125 and provides a program level of $7,704,000,000 for 
current law Pell Grants.

             Federal Family Education Loan Program Account

      The conference agreement provides $46,482,000 for the 
Federal Family Education Loan Program Account as proposed by 
the Senate instead of $48,482,000 as proposed by the House.

                            Higher Education

      The conference agreement provides $1,307,846,000 for 
Higher Education instead of $944,198,000 as proposed by the 
House and $1,138,944,000 as proposed by the Senate. Within this 
amount, the conference agreement sets aside $9,500,000 under 
the Fund for the Improvement of Postsecondary Education for a 
broad based competition to reform or improve postsecondary 
education opportunities. The competition shall be administered 
in a manner consistent with the requirements applicable in 
authorizing statutes and the Department's General 
Administrative Manual. In administering this competition, the 
Secretary shall give full and fair consideration to 
applications submitted by the institutions identified in the 
House Report (105-635) and the Senate Report (105-300). In 
addition, the Secretary shall give similar consideration to 
applications from the following:
      A project to encourage underrepresented groups to enter 
careers in technology and business operated by the Center for 
the Development of Urban Entrepreneurs at Peirce College;
      A project to endow a Contracts Chair-of-Excellence 
program to be administered in cooperation with a consortium of 
Historically Black Colleges and Universities and Hispanic-
Serving Institutions with environmental science and engineering 
capabilities;
      A demonstration to establish a state-of-the-art science 
and technology program that will explore the application of 
novel electronic materials that are used in the development of 
high temperature supercomputers; and
      Enhanced distance education and teacher training 
activities at the Technology Enhancement Initiative at Elmira 
College in New York.
      The conference agreement includes $3,000,000 for American 
Indian Tribally Controlled Colleges and Universities, recently 
authorized under Title III of the Higher Education Amendments 
of 1998. The conference agreement includes $3,000,000 for 
Native Alaskan and Native Hawaiian-Serving Institutions, 
recently authorized under Title III of the Higher Education 
Amendments of 1998.
      The conference agreement includes $120,000,000 for the 
Gaining Early Awareness and Readiness for Undergraduate 
Programs (GEAR UP), recently authorized under Chapter 2 of 
subpart 2 of Part A of Title IV of the Higher Education Act. 
The conference agreement includes $10,000,000 for the Learning 
Anytime Anywhere Partnerships, recently authorized under 
Subpart 8 of part A of Title IV of the Higher Education Act.
      The conference agreement includes $75,000,000 for Teacher 
Quality Enhancement Grants, recently authorized under Title II 
of the Higher Education Amendments of 1998. The conference 
agreement includes $5,000,000 for Child Care Access Means 
Parents in School, recently authorized under subpart 7 of Part 
A of Title IV of the Higher Education Act, and $5,000,000 for 
demonstration projects to ensure students with disabilities 
receive a quality higher education, recently authorized under 
Part D of title VII. The conference agreement provides $450,000 
for a Web-Based Education Commission, recently authorized under 
part J of Title VIII of the Higher Education Amendments of 
1998. The Commission shall conduct a thorough study to assess 
the educational software available in retail markets for 
secondary and post-secondary students who choose to use such 
software.
      The conference agreement also includes $1,750,000 for the 
Underground Railroad Educational and Cultural Program, recently 
authorized under part H of Title VIII of the Higher Education 
Amendments of 1998.
      The conference agreement includes $5,000,000 for the St. 
Petersburg Junior College for a demonstration of a national 
method for increasing access to four year degrees and workforce 
training for students attending community colleges. The 
conference agreement also includes $2,000,000 for a 
demonstration project in using high-technology equipment to 
increase educational achievement at the Technology Assisted 
Learning Campus in New Rochelle, New York.
      The conference agreement includes $250,000 for a 
demonstration that promotes cooperative educational activities 
at the Center for Urban Research and Learning at Loyola 
University of Chicago. The conference agreement also includes 
$1,150,000 for Southeast Community College in Letcher, Kentucky 
for the acquisition of telecommunications and networking 
equipment.
      The conference agreement includes $3,000,000 for the 
Oregon State University Distance Education Alliance. The 
conference agreement also includes $1,000,000 for the 
Appalachian Center for Economic Networks in Athens, Ohio to 
implement a technology training program.
      The conference agreement includes $6,000,000 for the 
Robert J. Dole Institute for Public Service and Public Policy 
on the University of Kansas campus in Lawrence, Kansas. The 
conference agreement includes $1,000,000 for the Oregon 
Institute of Public Service and Constitutional Studies at the 
Mark O. Hatfield School of Government at Portland State 
University. The conference agreement includes $2,150,000 for 
technology-enhanced learning at the College of Natural 
Resources, University of Wisconsin at Stevens Point.
      The conference agreement includes $1,500,000 for Touro 
Law Center in Central Islip, New York for the use of technology 
to bridge the gap between legal education and the actual 
practice of law. The conference agreement includes $1,000,000 
for the International Center for Educational Technology and 
Distance Learning at Empire State College for design, 
development, production and dissemination of instructional 
materials to faculty and students worldwide.
      The conference agreement includes $500,000 for a national 
model of adaptive technologies at the National Institute of 
Technology for Inclusive Education at the University of 
Northern Iowa. The conference agreement also includes 
$1,500,000 for a demonstration project to expand the successful 
college student preparation and retention programs for 
academically at-risk students at Prairie View A&M University.
      The conference agreement also includes $750,000 for a 
demonstration project to identify and provide models of alcohol 
and drug abuse prevention and education programs in higher 
education at the college level. The conference agreement also 
includes $1,000,000 for the Paul Simon Public Policy Institute. 
The conference agreement includes $500,000 for a teacher 
training program in experiential learning to be administered by 
the Department of Language Teacher Education, School for 
International Training, Brattleboro, Vermont.
      The conference agreement also includes $4,800,000 under 
Title III, for Salem State College in Salem, Massachusetts to 
integrate computer technology into an institutional facility to 
create a smart building.
      The Secretary is encouraged to include funding for a 
demonstration project to fund expansion of a Computer Science 
and Information Processing Center for undergraduate and 
graduate degree programs. Montana State University in Billings, 
Montana would be especially suited for such a project.
      The conference agreement includes $4,637,000 for Urban 
Community Service. This funding will complete the grant cycle 
for noncompeting project continuations. No further funding will 
be provided for the Urban Community Service program.

                           Howard University

      The conference agreement provides $214,489,000 for Howard 
University as proposed by the House instead of $210,000,000 as 
proposed by the Senate. The agreement includes a provision 
proposed by the Senate that designates for the endowment and 
makes available until expended not less than $3,530,000. The 
House bill permitted Howard University to allocate funds for 
the endowment as authorized by law.

  Historically Black College and University Capital Financing Program 
                                Account

      The conference agreement provides $96,000 for the 
Historically Black College and University Capital Financing 
Program Account as proposed by the Senate instead of $196,000 
as proposed by the House.

             Education Research, Statistics and Improvement

      The conference agreement includes $664,867,000 for 
Education Research, Statistics and Improvement, instead of the 
$447,667,000 as proposed by the House and $479,338,000 as 
proposed in the Senate.
Research
      The conference agreement provides $82,567,000 for 
research, instead of $72,567,000 as proposed by both the House 
and Senate. Within this amount, the conference agreement 
includes $10,000,000 for the research institutes to support 
well-designed, rigorous field studies of the student 
achievement effects of various comprehensive school reform 
models, and design competition(s) for the development of new 
models for comprehensive school reform, particularly at the 
middle and high school levels.
      The conference agreement recommends that the Department 
of Education use the First in the World Consortium as a model 
to conduct further research on the Consortium's TIMSS data in 
grades 4, 8 and 12.
Statistics
      The conference agreement provides $68,000,000 as proposed 
by the House, instead of $59,000,000 proposed by the Senate.
Regional Education Laboratories
      The conference agreement includes $61,000,000 for the 
regional education laboratories, instead of $56,000,000 as 
proposed in both the House and Senate bills. The conference 
agreement provides that $5,000,000 of this amount shall be used 
to strengthen and expand the capacity of the laboratories to 
provide technical assistance to states, school districts and 
schools on implementing comprehensive school reform. Such 
assistance shall include a focus on helping school districts 
develop strategies to remove institutional barriers to school-
wide reform, reallocate and coordinate resources to support 
comprehensive school reform, and share ``lessons learned'' 
among districts. Further, the conference agreement provides 
that the regional laboratory governing boards set the research 
and development priorities to guide the work funded and the 
funds be obligated and distributed in accordance with the 
fiscal year 1998 allocations by December 1, 1998.
Fund for the Improvement of Education
      For the fund for the improvement of education (FIE), the 
conference agreement provides $147,000,000 instead of the 
$90,000,000 as proposed by the House and $115,000,000 as 
proposed by the Senate.
      Within the funds provided, the conference agreement 
includes $15,000,000 to improve the national dissemination of 
information on comprehensive school reform, including the 
establishment of a national clearinghouse, and to ensure that 
all schools, particularly rural schools, can effectively 
implement the comprehensive school reform approach of their 
choice. Of this amount, not less than $12,000,000 shall be used 
to expand the supply of high quality technical assistance 
providers through a variety of mechanisms that may include 
forming partnerships with states, regional service centers, 
regional education laboratories and consortia of local 
educational agencies; providing matching funds to technical 
assistance providers to enable them to serve more schools; and 
using technology or distance learning approaches to reach rural 
schools. The conference agreement also provides $25,000,000 for 
continuation grants for schools in their second year of 
implementing comprehensive school reform.
      The conference agreement includes $2,000,000 for a 
demonstration of full-service community school sites in Charles 
County, Maryland, Westchester County, New York, Cranston, Rhode 
Island, and Skagit County, Washington.
      The conference agreement also includes $2,000,000 for the 
First Book program that makes new books available to local 
literacy programs and $1,750,000 for the Whitaker Center for 
Science and the Arts in Harrisburg, Pennsylvania to be used for 
the teaching of science through the arts.
      The agreement also includes $350,000 to be awarded to the 
University of Montana and the Montana Board of Crime Control 
for community-based initiatives to promote non-violent behavior 
in schools. Also included is $1,000,000 for NetDay, to assist 
in connecting K-12 classrooms to the internet and $1,000,000 
for the National Museum of Women in the Arts.
      The agreement also includes $1,000,000 for Youth Friends 
of Kansas City to improve attendance and academic performance, 
$750,000 for the Thornberry Center for Youth and Families in 
Kansas City, MO to assist at-risk children and $400,000 for the 
Bay Shore, New York Literacy Education and Assessment 
Partnerships.
      The agreement also includes $1,150,000 to provide 
technology assistance for the operation of a math/science 
learning center in Perry County, Kentucky and $1,000,000 for 
the Hechkscher Museum of Art, Long Island, New York for 
incorporating arts into education.
      The agreement also includes $1,200,000 for a 
demonstration project to improve learning among students at all 
levels of education at the Southeastern Pennsylvania Consortium 
of Higher Education.
      The agreement also includes $1,000,000 for the Dowling 
College Global Learning Center at the former LaSalle Academy 
for a master teacher training and education center to improve 
teacher capabilities in applying technology.
      The agreement also includes $100,000 for state-of-the-art 
library materials and equipment that focus on innovative 
approaches to learning at the Presidio School District in 
Texas.
      Within FIE, the agreement specifically endorses the 
language contained in the House Report (105-635) relating to 
the Jump Start program and the Model Youth program and has 
provided $225,000 for the National Student and Parent Mock 
Elections.
      The conference agreement supports school-based, physician 
led health education programs as well as a maritime history 
training project.
      The conference agreement also encourages the extension of 
the Mentoring for School-Age children study. The conference 
agreement also supports the expanding of the National Crime 
Prevention Council's violence prevention program in schools and 
communities.
      The conference agreement sets aside $16,000,000 for a 
broad based competition on innovative programs in education. In 
administering this competition, the conference agreement 
contemplates that the Department of Education will provide full 
and fair consideration, consistent with current practices and 
policies to applications submitted by the institutions 
identified in the House Report (105-635) and the Senate Report 
(105-300). In addition the conference agreement contemplates 
that similar consideration will be given to applications 
submitted by the following institutions:
      The conference agreement urges the Department to provide 
$250,000 for a community center program that offers various on-
site services, including educational tutoring and parental 
outreach, consistent with underlying statutes. Yolo and Solano 
Counties in California would be especially suited for such a 
program and should be given full and fair consideration for an 
award.
      The conference agreement encourages the Department to 
provide $600,000 for a program that integrates standards, 
curricula and assessment development, consistent with 
underlying statutes. United Teachers-Los Angeles Academy for 
Integrating Standards, Curricula and Assessments would be 
especially suited for such a program and should be given full 
and fair consideration for an award.
      The conference agreement encourages the Department to 
provide $1,000,000 for a pilot program for at-risk and 
economically disadvantaged youth, consistent with underlying 
statutes. ``An Achievable Dream'' project in Newport News, 
Virginia would be especially suited for such a program and 
should be given full and fair consideration for an award.
      The conference agreement encourages the Department to 
support a non-profit organization with a proven track record as 
an authority in quality teacher training programs to undertake 
a comprehensive review of research-based educational programs. 
The purpose of the review is to identify, assess, synthesize 
and catalogue educational tools and strategies that have been 
proven effective through research at teaching students with 
learning deficits.
      Within the funds provided for FIE, there is included 
$10,000,000 for continuing a demonstration of public school 
facilities repair and construction administered by the Iowa 
Department of Education and $10,000,000 for the District of 
Columbia Public Schools education reform initiative.
International Education
      The conference agreement includes $7,000,000 the same as 
the Senate bill, rather than $5,000,000 included in the House 
bill. Included within this amount is $1,000,000 to implement 
cooperative education programs in both the Republic of Ireland 
and Northern Ireland and $500,000 to increase support for 
activities in Bosnia-Herzegovina.
Civics Education
      For Civics Education, the agreement provides $7,500,000 
the same level as in the Senate, rather than the $6,300,000 
included in the House bill. The conference agreement concurs 
with the Senate report language which includes $1,000,000 for a 
new violence prevention initiative.
      Within the amounts provided, the conference agreement 
includes $50,000 for a feasibility study and initial planning 
and design by the Center for Educational Technologies of an 
effective CD ROM product that would enliven the U.S. 
Constitution and bring knowledge of that esteemed document to 
the young people of the nation. Such a product should be unique 
and not duplicative, and should complement the book ``We the 
People: The Citizen and the Constitution'' which has been 
authorized by Congress and produced by the Center for Civic 
Education.
21st Century Learning Centers
      The conference agreement includes $200,000,000 for the 
21st Century Learning Centers, compared to $60,000,000 in the 
House bill and $75,000,000 in the Senate bill. The conference 
agreement is based on the understanding that the Department 
received applications in fiscal year 1998 far in excess of 
available funds. Additional funds have been provided to 
establish new after school learning centers in approximately 
1,600 schools. The conference agreement contemplates that these 
funds will be targeted to high-need rural communities, urban 
communities and small cities that have low achieving students 
and lack resources to establish after school centers to ensure 
the greatest benefit from this federal investment. The 
conference agreement contemplates that communities with high 
rates of juvenile crime, school violence, and student drug 
abuse should also receive a priority for funding. Further, the 
Secretary is encouraged to consider applications that involve 
community-based partnerships with business and other agencies 
that can collaborate to meet the needs of students and other 
community members.
      The conference agreement contemplates that the Secretary 
will, to the extent practicable, assure that these districts 
have available to them the technical and other assistance 
needed to prepare competitive applications. For those that 
receive grants, the agreement also contemplates that support 
from the broad array of assistance and information resources 
will be made available to assure the successful implementation 
of the after school centers program at the local level.
      The conference agreement contemplates that federal funds 
should be expended for after school programs that are aligned 
with state and local academic standards, document student 
progress and utilize trained instructors.
      The conference agreement includes $500,000 to provide 3 
years of support for the Chippewa Falls Area Unified School 
System, Wisconsin after school program, $400,000 to provide 3 
years of support for the Wausau School System, Wisconsin after 
school program; $350,000 for the New Rochelle School System 
after school program; $100,000 for the New York Hall of 
Science, Queens, New York, after school program; $300,000 for 
the Bay Shore Community Learning Wellness and Fitness Center 
for Drug Free Lifestyles in Bay Shore, New York; $400,000 for 
the Green Bay Public School System, Wisconsin after school 
program; $2,500,000 for an after school anti-drug pilot program 
in the Chicago Public Schools; $25,000 for the Louisville 
Central Community Centers Youth Education Program to support 
after-school programming; and $25,000 for Canaan's Community 
Development Corporation in Louisville, Kentucky for the Village 
Learning Center after school program.

                        Departmental Management

      The conference agreement includes $459,242,000 for 
Departmental Management, instead of the $453,742,000 as 
proposed by the House and $456,742,000 as proposed by the 
Senate. Within this amount, the agreement provides $66,000,000 
for the Office of Civil Rights and $31,242,000 for the Office 
of Inspector General.
      The conference agreement recognizes that Public Service 
Recognition Week has educated America as to the value of the 
career workforce that carries out the day-to-day operations of 
government. This program, which has existed for over ten years, 
plays an important role in educating our nation's youth and 
providing them with timely information about their government. 
The agreement contemplates that the Secretary will support the 
elementary and secondary education projects of Public Service 
Recognition Week.

                           GENERAL PROVISIONS

                        Voluntary National Tests

      The conference agreement includes a provision not 
contained in either the House or the Senate bills. The House 
bill prohibited the development, planning, implementation 
(including pilot testing or field testing) or administration of 
any national test without specific and explicit statutory 
authority.
      The Senate bill prohibited field testing, implementation 
and administration of national tests, but would allow pilot 
testing to go forward in FY 1999. The Senate bill also 
continued to grant authority to the National Assessment 
Governing Board (NAGB), as opposed to the Department of 
Education, to oversee limited test development activities.
      The conference agreement permits the National Assessment 
Governing Board to proceed with very limited test development 
activities, but specifically prohibits any pilot testing, field 
testing, administration or distribution of individualized 
national tests that are not specifically and explicitly 
provided for in authorizing legislation enacted into law. At 
the present time, there is no specific and explicit authority 
in Federal law for individualized national tests.
      From the initial announcement of the proposed voluntary 
national tests until the present, there has been no clear 
articulation of the purpose of the proposed voluntary national 
tests. The conference agreement requires NAGB to determine and 
clearly articulate the purpose and intended use of the proposed 
national tests, and to report to Congress and the White House 
no later than September 30, 1999.
      Further, the conference agreement requires NAGB to 
determine and report to Congress and the White House no later 
than September 30, 1999 on the meaning of the word 
``voluntary'' in the context of proposed national tests.

  Response to National Academy of Sciences (NAS) Report ``Grading the 
 Nation's Report Card: Evaluating NAEP and Transforming the Assessment 
                       of Educational Progress''

      On September 24, 1998, the National Academy of Sciences 
released a report entitled ``Grading the Nation's Report Card: 
Evaluating NAEP and Transforming the Assessment of Educational 
Progress.'' The report, conducted under the authority of 
section 411(f) of the National Education Statistics Act, 
concluded, in part, that the NAEP achievement level-setting 
procedures remain fundamentally flawed. Because the achievement 
levels for the proposed national tests are to be modeled upon 
the NAEP achievement levels, the report's findings have direct 
implications for national tests.
      The conference agreement requires NAGB to develop and 
submit to Congress and the White House a report which responds 
to the findings of the NAS on this matter. NAGB shall report to 
Congress and the White House no later than September 30, 1999.

     National Academy of Sciences (NAS) Technical Feasibility Study

      The conference agreement authorizes the NAS to conduct a 
study of the technical feasibility, validity, and reliability 
of imbedding test items from NAEP or other tests in state and 
district assessments in fourth grade reading and eighth grade 
mathematics.
      The conference agreement recognizes that including items 
from one test in another test for the purpose of providing a 
common measure of individual student performance is, 
effectively, a form of linking. Therefore, NAS should issue a 
report not only on the practicality, but also the validity and 
reliability of interpretations based upon reported scores from 
the inclusion of test items from NAEP or other tests in state 
and district assessments.
      In looking at the validity and reliability of imbedding 
test items and the reporting of test results on such items, the 
NAS should determine whether linking state and district 
assessments to the NAEP or another national performance 
standard or scale through the method of imbedded items will 
result in valid measures of student achievement within states 
and districts, and in terms of national performance standards 
or scales.
      Further, NAS should consider the issues presented in its 
report to Congress dated September 3, 1998 and entitled 
``Uncommon Measures: Equivalence and Linkage Among Educational 
Tests,'' and those issues raised by the General Accounting 
Office report ``Student Testing: Issues Related to Voluntary 
National Mathematics and Reading Tests'' dated June 1998. The 
NAS study should take into consideration the validity and 
reliability of content and standards-based score descriptions 
of different measurements, comparison of a matrix-sample test 
to an individual student achievement test, differences in test 
purposes, stakes and motivation, and the stability of results 
over time.
      The NAS informal progress report (due no later than June 
30, 1999), the NAS final report (due no later than September 
30, 1999), and the Administration's views on national testing 
will be considered during the authorization process of the 
National Assessment of Educational Progress and the Elementary 
and Secondary Education Act in the 106th Congress.

                  State Funds for Innovative Programs

      The conference agreement deletes a House provision that 
would have allowed States to use funds under the Goals 2000 and 
the Eisenhower professional development programs for activities 
under title VI of the Elementary and Secondary Education Act of 
1965.

              Individuals With Disabilities Education Act

      The House bill included language amending the Individuals 
with Disabilities Education Act (IDEA) to give local 
educational agencies (LEAs) flexibility to move a child with a 
disability to an alternative educational setting in situations 
where a child exhibits intentional violent behavior. The 
conference agreement deletes the House provision. The Senate 
had no similar provision.
      In order to gain a greater understanding of the 
difficulties associated with disciplining violent, disabled 
children, the conference agreement recommends that a General 
Accounting Office (GAO) study be conducted. The purpose of the 
study is to determine how IDEA affects the ability of LEAs to 
maintain safe school environments conducive to learning. The 
study should address the following issues: 1.) Whether students 
with disabilities who exhibit violent behavior, carry weapons, 
and knowingly possess or use illegal drugs or sell or solicit 
the sale of a controlled substance while at school or at a 
school function are being disciplined differently than children 
without disabilities. 2.) The extent to which IDEA affects the 
ability of LEAs to properly discipline students who exhibit 
violent behavior, carry weapons, and knowingly possess or use 
illegal drugs or sell or solicit the sale of a controlled 
substance while at school or at a school function. 3.) The 
impact of incidents of serious misconduct committed by children 
with disabilities in elementary and secondary schools on 
schools, students, parents, and teachers. 4.) The situations in 
which LEAs believe they are unable to provide for a safe and 
orderly environment because of IDEA requirements. GAO is to 
submit an interim report to the Chairman and ranking member of 
the House and Senate Appropriations Committees no later than 
March 1, 1999. The study is to be submitted to the Chairman and 
ranking member of the House and Senate Appropriations 
Committees no later than July 30, 1999.
      There is grave concern that the Department of Education 
has not published regulations on the Individuals with 
Disabilities Act Amendments of 1997. The Secretary of Education 
shall promulgate, in final form, regulations to implement the 
Individuals with Disabilities Education Act Amendments of 1997 
not later than December 1, 1998.

              Individuals With Disabilities Education Act

      The conference agreement deletes a House provision that 
would have clarified penalties for States that fail to serve 
adult prisoners under the Individuals with Disabilities 
Education Act. The Senate had no similar provision.

                          Bilingual Education

      The conference agreement deletes a House provision that 
would have removed the 25 percent cap on special alternative 
instruction projects, limited student participation in 
federally-funded bilingual education programs to two years with 
two additional one-year extensions and required the Secretary 
to give priority for funding multi-year grants to proposals 
focusing on the most rapid transition to English. The Senate 
bill contained no similar provision.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

      The conference agreement includes a provision proposed by 
the Senate which permits the Armed Forces Retirement Home to 
contract for planned renovation activities specified in the 
budget request. The conference agreement also includes a 
provision proposed by the Senate which would permit 
construction and renovation funds to remain available until 
expended.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

      The conference agreement provides $276,039,000 for the 
Domestic Volunteer Service programs instead of $275,039,000 as 
proposed by the Senate and $251,369,000 as proposed by the 
House. The Corporation for National and Community Service shall 
comply with the directive that the use of funding increases in 
Foster Grandparents Program, Retired Senior Volunteer Program 
and VISTA not be restricted to America Reads activities.
      The conference agreement provides $1,080,000 for senior 
demonstration activities, which may be used for both new and 
existing demonstration projects. The conference agreement 
directs that expenditures of all regular FGP, SCP, and RSVP 
funds for demonstration activities be limited to no more than 
levels expended in fiscal year 1998 or $1,000,000, whichever is 
less. None of the increases provided for FGP, SCP, or RSVP in 
fiscal year 1999 may be used for demonstration activities. The 
agreement further directs that all future demonstration 
activities must be funded through allocationsmade through part 
E of the Domestic Volunteer Service Act. In addition, the agreement 
expresses concern over using funds for any demonstration activity which 
involves paying non-taxable, non-income stipends to people not meeting 
income guidelines established by Congress.
      The conference agreement provides that funds remaining in 
the Foster Grandparent, Retired and Senior Volunteer and Senior 
Companion programs above the administrative cost increases of 3 
percent shall be used to begin new programs in geographic areas 
currently unserved.
      The conference agreement includes an additional 
$1,000,000 for program administration above the amount provided 
in both the House and Senate bills. Recent increases in funding 
for the VISTA program have resulted in increased workload in 
state offices. Technological solutions are available which 
could help alleviate this situation as well as provide 
significant improvements to the communication among state 
offices and grantees. The Corporation for National and 
Community Service shall use this additional $1,000,000 to 
improve state office program administration throughout the 
Nation, including improving state office technological support 
to enhance state office communication with grantees.
      Funds appropriated for fiscal year 1999 may not be used 
to implement or support service collaboration agreements or any 
other changes in the administration and/or governance of 
national service programs prior to passage of a bill by the 
authorizing committees of jurisdiction specifying such changes.

                  Corporation for Public Broadcasting

      The conference agreement includes language proposed by 
the Senate providing an additional $15,000,000 for 
digitalization, if specifically authorized by subsequent 
legislation by September 30, 1999. The Federal Communications 
Commission (FCC) has mandated that all public television 
stations be converted from analog to digital transmissions by 
May 2003. Public broadcasting stations face substantial 
financial obstacles in meeting this schedule. Digital 
conversion will cause extreme hardship on small rural stations 
and the conference agreement encourages that funds provided be 
targeted to those stations with the most financial need.

               Federal Mediation and Conciliation Service

      The conference agreement includes language proposed by 
the Senate regarding the authority of the Director to accept 
and use gifts.

                Institute of Museum and Library Services

      The conference agreement provides $166,175,000 for the 
Institute of Museum and Library Services instead of 
$146,340,000 as proposed by the House and $156,340,000 as 
proposed by the Senate. Within this amount, the conference 
agreement sets aside $25,000,000 for national leadership 
projects, including $4,000,000 for a broad-based competition on 
improving the quality of library and museum services. This 
competition shall be administered in a manner consistent with 
the requirements applicable in authorizing statutes and the 
Institute's General Administrative Manual. In administering 
this competition, the Director shall give full and fair 
consideration to applications submitted by the institutions 
identified in the Senate Report (105-300) and in this statement 
of the managers. The Metropolitan Museum of Art has undertaken 
an innovative project to record and library digital photographs 
of a substantial portion of its collection, which is the 
largest collection in the Western Hemisphere. In order to 
assist the Museum make its collection available to students and 
library patrons throughout the Nation, the Director is 
encouraged to provide $500,000 for this project. In addition, 
the Director is encouraged to continue a National Leadership 
grant award to an historic medical library.
      The conference agreement includes $10,000,000 for the 
National Constitution Center for exhibition design, program 
planning, and operation of the Center to engage all citizens in 
understanding the Constitution and its history. The conference 
agreement includes $750,000 for the Digital Geospatial and 
Numerical Data Library at the University of Idaho. The 
conference agreement includes $1,250,000 for the Franklin 
Institute in Philadelphia, PA to maintain and enhance the 
oldest scientific journal in the United States, to manage an 
extensive international program and to provide an innovative 
science education program in the library setting.
      The conference agreement also includes $2,000,000 for the 
New York Public Library to enhance digitization efforts to 
improve online access to library collections. The conference 
agreement includes $35,000 for the Children's Museum in 
Manhattan. The conference agreement includes $300,000 for 
completing transcription, indexing, cataloging, and 
microfilming of approximately 1,200 oral history interviews 
relating to Iowa labor and unions and to process and catalog 
approximately 800 shelf feet of labor history archival material 
in order to make the entire collection accessible to 
researchers and to the public. The conference agreement 
includes $1,100,000 for the Museum of Science and Industry in 
Chicago, Illinois for a nautical exhibition.

                     National Labor Relations Board

      The conference agreement provides $184,451,000 for the 
National Labor Relations Board as proposed by the Senate 
instead of $174,661,000 as proposed by the House.

                       Railroad Retirement Board

                     dual benefits payments account

      The conference agreement provides $189,000,000 for dual 
benefits payments as proposed by the Senate instead of 
$191,000,000 as proposed by the House.

                      limitation on administration

      The conference agreement includes a limitation on 
transfers from the railroad trust funds of $90,000,000 for 
administrative expenses as proposed by the Senate instead of 
$86,000,000 as proposed by the House.

             limitation on the office of inspector general

      The conference agreement includes a limitation on 
transfers from the railroad trust funds of $5,600,000 for the 
Office of Inspector General as proposed by the Senate instead 
of $5,400,000 as proposed by the House. The conference 
agreement includes a provision by the House prohibiting the use 
of funds for any audit, investigation or review of the Medicare 
program. The conference agreement makes this prohibition a 
permanent change in law.

                     Social Security Administration

                  supplemental security income program

      The conference agreement includes $21,552,000,000 for the 
Supplemental Security Income Program instead of $21,495,000,000 
as proposed by the House and $21,538,000,000 as proposed by the 
Senate. The conference agreement includes language authorizing 
the Commissioner of Social Security to use $6,000,000 for 
Federal-State partnerships to evaluate ways to promote Medicare 
buy-in programs targeted to elderly and disabled individuals. 
The conference agreement includes $1,000,000 to be used to 
conduct policy research to support the goals of the 
Presidential Task Force on Employment of Adults with 
Disabilities. In designing and implementing research on the 
barriers to employment for persons with disabilities, the 
Social Security Administration shall consult fully with the 
Presidential Task Force.

                 limitation on administrative expenses

      The conference agreement includes a limitation of 
$5,996,000,000 on transfers from the Social Security and 
Medicare trust funds and Supplemental Security Income program 
for administrative activities instead of $5,949,000,000 as 
proposed by the House and $5,982,000,000 as proposed by the 
Senate.
      The Social Security Administration operates a unique 
cooperative training program with the Association of 
Administrative Law Judges, Inc., which is recognized by State 
bar associations for continuing legal education credits. It is 
believed that this unique program will improve SSA's ability to 
meet its performance goals and SSA is encouraged to continue 
and expand its support of this program, including reimbursement 
of conference registration fees for the Association of 
Administrative Law Judges, Inc. annual training conference, to 
increase ALJ participation.

                      Office of Inspector General

      The conference agreement provides $56,000,000 for the 
Office of Inspector General through a combination of general 
revenues and limitations on trust fund transfers as proposed by 
the House instead of $50,212,000 as proposed by the Senate.

                    United States Institute of Peace

      The conference agreement provides $12,160,000 for the 
United States Institute of Peace instead of $11,160,000 as 
proposed by the House and $11,495,000 as proposed by the 
Senate. Funding provided above the President's request level 
shall be used for the Bosnia initiative described in the 
Congressional budget justification accompanying the fiscal year 
1999 budget request.

                      TITLE V--GENERAL PROVISIONS

                    Distribution of Sterile Needles

      Both the House and Senate bills contain prohibitions on 
the use of Federal funds for the distribution of sterile 
needles for the injection of any illegal drug (section 505). 
The Senate language allows the Secretary to waive the 
prohibition to allow a needle exchange program if she 
determines that such program is effective in preventing the 
spread of HIV and does not encourage the use of illegal drugs 
and that the program is operated in accordance with criteria 
established by the Secretary to ensure those conditions are 
met. The House bill includes a strict prohibition with no 
waiver authority. The conference agreement is the same as the 
House language.

                          Abortion Restriction

      Both the House and Senate bills contain the Hyde 
amendment that was revised in the fiscal year 1998 
appropriations Act. However, the House bill includes additional 
clarifying language to ensure that the Hyde amendment applies 
to all trust fund programs funded in the bill. The conference 
agreement is the same as the House language.

                       Fund Transfer Prohibition

      Both the House and Senate bills contain a provision that 
prohibits transfers of funds from an appropriation account in 
the Departments of Labor, Health and Human Services and 
Education except as authorized in this or any subsequent 
appropriations Act or in the Act establishing the program for 
which funds are contained in this Act. The conference agreement 
makes this provision permanent.

                           Teamsters Election

      The conference agreement includes a general provision 
proposed by the House that prohibits the use of funds in this 
Act for the election of officers of the International 
Brotherhood of Teamsters. The Senate bill had no similar 
provision.

                   Unobligated Salaries and Expenses

      The conference agreement includes a general provision 
proposed by the House that would allow salaries and expenses 
funds in the bill that are unobligated at the end of fiscal 
year 1999 to remain available for three additional months, 
provided that the Appropriations Committees are notified before 
the funds are obligated. The Senate bill had no similar 
provision.

                      National Labor Relations Act

      The conference agreement does not include a general 
provision proposed by the House that would have amended the 
National Labor Relations Act to require the National Labor 
Relations Board to adjust its jurisdictional threshold amounts 
for the inflation that has occurred since the adoption of the 
current thresholds an August 1, 1959. The Senate bill had no 
similar provision.

                           Health Identifier

      The conference agreement includes a general provision 
proposed by the Senate modified to provide that none of the 
funds in this Act may be used to adopt a final standard 
providing for a unique health identifier for an individual 
until legislation is enacted specifically approving the 
standard. The House bill had no similar provision.

                    Salaries and Expenses Reduction

      The conference agreement deletes section 515 of the 
Senate bill that would have reduced salaries and expenses 
appropriations for all agencies in the bill by a total of 
$33,000,000 to be allocated by the Office of Management and 
Budget. The House had no similar provision.

  TITLE VI--NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE

      The conference agreement includes a legislative provision 
proposed by the Senate that amends title IV of the Public 
Health Service Act to create a national center for 
complementary and alternative medicine at the National 
Institutes of Health. The House bill had no similar provision.

                  TITLE VII--MISCELLANEOUS PROVISIONS

                          Child Protection Act

      The conference agreement does not include a new Child 
Protection Act of 1998 proposed by the House. This would have 
required any elementary or secondary school or public library 
that has received any Federal funds for the acquisition or 
operation of any computer that is accessible to minors and that 
has access to the Internet to install software on such computer 
designed to prevent minors from obtaining access to any obscene 
information using that computer and to ensure that such 
software is operational whenever that computer is used by 
minors. The Senate had no similar provision.

                      Public Broadcasting Pay Cap

      The conference agreement includes language that was not 
in either the House or Senate bills that amends title 47 of the 
U.S. Code to remove the current statutory pay cap for officers 
and employees of the Public Broadcasting System and National 
Public Radio and to conform the cap to the limits on 
compensation set by Congress in 1996 for all other nonprofit 
organizations.

                           Refugee Provision

      The conference agreement includes language that was not 
contained in either the House and Senate bills that amends the 
Foreign Operations Appropriations Act, 1990 (Public Law 101-
167) to extend certain existing adjudication provisions related 
to qualifying for refugee status once an applicant has proven 
that he or she is a member of a religious minority group that 
has historically endured discrimination. This does not 
determine the number of refugees to be admitted to the United 
States in a given year. That decision is made separately.

                      Railroad Retirement Spouses

      The conference agreement includes language that was not 
contained in either the House or Senate bills that amends the 
Railroad Retirement Act to restore monthly railroad pension 
payments to a very small number of surviving divorced spouses 
of former railroad workers. These divorced widows had their 
monthly payments mistakenly cut off through an administrative 
error by the Railroad Retirement Board.

            Puerto Rico Children's Health Insurance Program

      The conference agreement includes language that was not 
in either the House or Senate bills that appropriates an 
additional $32,000,000 for fiscal year 1999 for the Children's 
Health Insurance Program in Puerto Rico.

               State Children's Health Insurance Program

      The conference agreement includes language that was not 
in either the House or Senate bills that inserts a technical 
correction to the formula set forth in the Balanced Budget Act 
of 1997 for the allocation of funds among the States under the 
State children's health insurance program (SCHIP). This formula 
relies on the Current Population Survey, in which the data can 
vary significantly from year to year due to small sample sizes. 
To prevent wide, unpredictable funding fluctuations in the 
allocation among the States this year, the same data used to 
allocate SCHIP funds in FY 1998 will be used again in FY 1999. 
Each State's share or percentage of the total amount available 
in FY 1998 will be the same share or percentage of the total 
amount available in FY 1999 as authorized under Balanced Budget 
Act.

                         Medicaid DSH Payments

      The conference agreement includes language that was not 
in either the House or Senate bills correcting an error in the 
Balanced Budget Act of 1997 which displayed incorrect 
information about the level of Medicaid disproportionate share 
hospital payments for the States of Minnesota, New Mexico and 
Wyoming. The bill corrects these errors only for fiscal year 
1999. There is no intention to include this correction in 
future appropriations bills. It is expected that the 
authorizing committees will enact the correction on a permanent 
basis.

               Commission on Weapons of Mass Destruction

      The conference agreement includes language that was not 
in either the House or Senate bills that extends the reporting 
deadline for the Commission to Assess the Organization of the 
Federal Government to Combat the Proliferation of Weapons of 
Mass Destruction, enlarges the membership of the commission and 
restricts certain activities of the commission.

                              PACE Program

      The conference agreement includes a provision not 
contained in either the House or Senate bills which makes a 
technical correction to title XIX of the Social Security Act.

            Access to Obstetrical and Gynecological Services

      The conference agreement deletes section 701 of the House 
bill which would have provided that any group health plan or 
health insurer, including managed care plans, must allow 
obstetricians and gynecologists to be designated by a female 
enrollee as her primary care physician. The House provision 
amended several underlying statutes. The Senate had no similar 
provision.

                           Cigarette Labeling

      The conference agreement deletes section 702 of the House 
bill which would have required additional warning labels for 
cigarettes with respect to African-Americans. The House 
provision amended the Federal Cigarette Labeling and 
Advertising Act. The Senate had no similar provision.

                   TITLE VIII--READING EXCELLENCE ACT

      The conference agreement includes a new title VIII of the 
bill which was not included in either the House or Senate 
bills. This title amends Title II of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) to 
create a two-year competitive grant program to States to assist 
children having difficulty with reading.

               TITLE IX--WOMEN'S HEALTH AND CANCER RIGHTS

      The conference agreement includes a provision not 
contained in either the House or Senate bills which would 
require health insurers to provide coverage of reconstruction 
of the breast on which mastectomies have been performed and 
prostheses and complications of mastectomies including 
lymphedemas.

                          Conference Agreement

      The following table displays the amounts agreed to for 
each program, project or activity with appropriate comparisons:





                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998...$262,257,417,000
Budget estimates of new (obligational) authority, fiscal 
    year 1999........................................... 286,606,839,000
House bill, fiscal year 1999............................ 283,089,592,000
Senate bill, fiscal year 1999........................... 287,592,472,000
Conference agreement, fiscal year 1999                   289,403,103,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998.............................................. +27,145,686,000
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................  +2,796,264,000
    House bill, fiscal year 1999........................  +6,313,511,000
    Senate bill, fiscal year 1999.......................  +1,810,631,000

   SECTION 101(g): DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1999

      The conferees on H.R. 4328 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the differences in the House and Senate 
versions of H.R. 4328, the Department of Transportation and 
related agencies Appropriations Act, 1999, by members of the 
appropriations subcommittee of both the House and Senate with 
jursidiction over H.R. 4328.

           Department of Transportation and Related Agencies

      Executive Branch propensities cannot substitute for 
Congress' own statements concerning the best evidence of 
Congressional intentions; that is, the official reports of the 
Congress. Report language included by the House (House Report 
105-648) or the Senate (Senate Report 105-249 accompanying the 
companion measure S. 2307) that is not changed by the 
conference is approved by the committee of conference. The 
statement of the managers, while repeating some report language 
for emphasis, is not intended to negate the language referred 
to above unless expressly provided herein.

                     Program, Project, and Activity

      During fiscal year 1999, for the purposes of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended, with respect to funds provided for the 
Department of Transportation and related agencies, the terms 
``program, project, and activity'' shall mean any item for 
which a dollar amount is contained in an appropriations Act 
(including joint resolutions providing continuing 
appropriations) or accompanying reports of the House and Senate 
Committees on Appropriations, or accompanying conference 
reports and joint explanatory statements of the committee of 
conference. In addition, the reductions made pursuant to any 
sequestration order to funds appropriated for ``Federal 
Aviation Administration, Facilities and equipment'' and for 
``Coast Guard, Acquisition, construction, and improvements'' 
shall be applied equally to each ``budget item'' that is listed 
under said accounts in the budget justifications submitted to 
the House and Senate Committees on Appropriations as modified 
by subsequent appropriations Acts and accompanying committee 
reports, conference reports, or joint explanatory statements of 
the committee of conference. Adjustments to the above 
allocations may be required due to changing program 
requirements or priorities. Such adjustments, if required, are 
expected to be accomplished only through the normal 
reprogramming process.

                Staffing Increases Provided by Congress

      The Department of Transportation is directed to fill 
expeditiously any positions added in this bill, without regard 
to agency-specific staffing targets which may have been 
previously established to meet the mandated government-wide 
staffing reductions. Staffing reductions have been made in the 
bill which more than offset staffing increases provided for a 
small number of specific activities.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

      The conference agreement provides a total program level 
of $60,490,000 for the salaries and expenses of the various 
offices comprising the Office of the Secretary. The department 
has indicated that this aggregate funding level shall be 
sufficient to avoid any personnel reductions in fiscal year 
1999. A consolidated appropriations request for these various 
offices has not been approved, rather individual appropriations 
have been provided for each of the offices within the Office of 
the Secretary, as proposed by both the House and the Senate.
      The conference agreement includes a provision (sec. 361) 
which authorizes the Secretary to transfer funds appropriated 
for any office of the Office of the Secretary to any other 
office of the Office of the Secretary, provided that no 
appropriation shall be increased or decreased by more than 
twelve percent by all such transfers and that any such 
transfers shall be submitted for approval to the House and 
Senate Committees on Appropriations. None of the funds provided 
in this Act for any office within the Office of the Secretary 
shall be available for any new position not specifically 
requested in the budget and approved by the House and Senate 
Committees on Appropriations.

                   immediate office of the secretary

      The conference agreement provides $1,624,000 for expenses 
of the Immediate Office of the Secretary, instead of $1,623,800 
as proposed by the House and $1,768,600 as proposed by the 
Senate.
      The conference agreement deletes a provision proposed by 
the Senate that would permit the crediting of up to $1,000,000 
in funds received from user fees. The House bill contained no 
similar provision.

                immediate office of the deputy secretary

      The conference agreement provides $585,000 for expenses 
of the Immediate Office of the Deputy Secretary as proposed by 
the House instead of $554,700 as proposed by the Senate.

                     office of the general counsel

      The conference agreement provides $8,750,000 for expenses 
of the Office of the General Counsel instead of $8,895,000 as 
proposed by the House and $8,645,000 as proposed by the Senate.

              office of the assistant secretary for policy

      The conference agreement provides $2,808,000 for expenses 
of the Office of the Assistant Secretary for Policy instead of 
$2,667,200 as proposed by the House and $2,479,500 as proposed 
by the Senate.
      The department is encouraged to exercise its authority 
under the National Service Act to enter into contracts and 
cooperative agreements with qualified urban youth corps to 
perform appropriate service projects. Thedepartment is further 
encouraged to report back to the House and Senate Committees on 
Appropriations on its activities in this area in its budget 
justifications in support of the fiscal year 2000 request.

   OFFICE OF THE ASSISTANT SECRETARY FOR AVIATION AND INTERNATIONAL 
                                AFFAIRS

      The conference agreement provides $7,650,300 for expenses 
of the Office of the Assistant Secretary for Aviation and 
International Affairs instead of $7,002,200 as proposed by the 
House and $6,686,300 as proposed by the Senate.
      The conference agreement includes a provision that 
permits the crediting to this appropriation of $1,000,000 
received in user fees as proposed by the House. The Senate bill 
contained no similar provision.
      The conference agreement deletes the Senate provision 
that would prohibit the use of funds to maintain custody of 
airline tariffs that are already available for public and 
departmental access at no cost; to secure them against 
detection, alteration, or tampering; and to open them to 
inspection by the department. The House bill contained no 
similar provision.
      Aviation competition guidelines.--The department is 
encouraged to consider a process in which the department, upon 
receiving a complaint, would consider within a specified time 
period whether alleged activity should be referred to the 
Department of Justice or whether it was a permissible 
competitive activity. Further, the department is encouraged to 
implement existing laws, regulations and enforcement practices 
to protect the economy from anti-competitive conduct by the 
airlines, and to monitor the dynamics of the airline ticketing 
industry.

       OFFICE OF THE ASSISTANT SECRETARY FOR BUDGET AND PROGRAMS

      The conference agreement provides $6,349,000 for the 
Office of the Assistant Secretary for Budget and Programs 
instead of $6,069,300 as proposed by the House and $5,687,800 
as proposed by the Senate.

       OFFICE OF THE ASSISTANT SECRETARY FOR GOVERNMENTAL AFFAIRS

      The conference agreement provides $1,940,600 for expenses 
of the Office of the Assistant Secretary for Governmental 
Affairs instead of $1,672,000 as proposed by the House and 
$1,600,000 as proposed by the Senate.

          OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

      The conference agreement provides $19,721,600 for 
expenses of the Office of the Assistant Secretary for 
Administration instead of $19,147,100 as proposed by the House 
and $19,570,200 as proposed by the Senate. The conferees have 
deleted funds for the office of acquisition. While the House 
and Senate Committees on Appropriations once supported the 
department's intended aggressive initiative to improve 
acquisition oversight at the departmental level, there is 
little, if any, value added by limited, informal secretarial 
reviews.

                        OFFICE OF PUBLIC AFFAIRS

      The conference agreement provides $1,565,500 for expenses 
of the Office of Public Affairs instead of $1,377,600 as 
proposed by the House and $1,656,600 as proposed by the Senate.

                         EXECUTIVE SECRETARIAT

      The conference agreement provides $1,046,900 for expenses 
of the Executive Secretariat as proposed by the House instead 
of $1,088,500 as proposed by the Senate.

                       BOARD OF CONTRACT APPEALS

      The conference agreement provides $561,100 for expenses 
of the Board of Contract Appeals instead of $675,500 as 
proposed by the House and $460,000 as proposed by the Senate.

         OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION

      The conference agreement provides $1,020,400 for expenses 
of the Office of Small and Disadvantaged Business Utilization 
instead of $839,200 as proposed by the House and $1,000,000 as 
proposed by the Senate.
      The department is encouraged to increase opportunities 
and participation in small, minority, and women-owned 
businesses in DOT-related procurements.

                  OFFICE OF INTELLIGENCE AND SECURITY

      The conference agreement provides $1,036,100 for expenses 
of the Office of Intelligence and Security instead of $961,000 
as proposed by the House and $935,000 as proposed by the 
Senate.

                OFFICE OF THE CHIEF INFORMATION OFFICER

      The conference agreement provides $4,874,600 for expenses 
of the Office of the Chief Information Officer instead of 
$4,400,000 as proposed by the House and $4,652,700 as proposed 
by the Senate.
      The position of the chief information officer has been 
vacant for more than one year and a half and there has not been 
a permanent incumbent in the position since the office was 
established. The need for such an office under these 
circumstances is questionable. Elimination of the office shall 
be considered in fiscal year 2000 if the position is not filled 
permanently by May 1, 1999.

                        OFFICE OF INTERMODALISM

      The conference agreement provides $956,900 for expenses 
of the Office of Intermodalism instead of $1,018,000 as 
proposed by the House and $1,000,000 as proposed by the Senate.

                         OFFICE OF CIVIL RIGHTS

      The conference agreement provides $6,966,000 for expenses 
of the Office of Civil Rights as proposed by the House instead 
of $5,562,000 as proposed by the Senate.

           TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

      The conference agreement provides $9,000,000 for 
transportation planning, research, and development instead of 
$3,035,000 as proposed by the House and $8,328,400 as proposed 
by the Senate. The conference agreement includes funding for 
the following activities:

1999 Special Olympics World Summer Games planning and 
    assistance..........................................      $1,000,000
2001 Special Olympics World Summer Games planning and 
    assistance..........................................         900,000
2002 Winter Olympics security and training and 
    assistance..........................................       1,000,000
Drexel University intelligent transportation institute..         500,000
Freight mobility study, Puget Sound area, Washington....          40,000
Flood project alternatives research, I-5, Centralia/
    Chehalis, Washington................................         250,000
New Jersey State Police enforcement equipment...........       1,275,000

      The conference agreement also includes funding for a 
collaboration of industry, education, and government activities 
to develop a skilled workforce for the transportation industry 
within the amounts appropriated, provided that total federal 
government support for this activity not exceed $1,000,000 in 
total.
      The department is encouraged to submit a report by 
January 1, 1999 to the House and Senate Committees on 
Appropriations detailing how the department could develop a 
multimedia acoustic noise model that encompasses all 
transportation related noise sources by 
incorporatingpropagation phenomena that affect community noise, such as 
atmospheric effects.
      The department is encouraged to work with the National 
Center for Missing and Exploited Children and the 
transportation industry to identify and implement initiatives 
to increase the involvement of the transportation industry in 
the effort to locate missing children, and to report to the 
House and Senate Committees on Appropriations no later than 
March 31, 1999 on the initiatives and actions taken to 
implement these efforts.
      New Jersey State Police video camera equipment.--The 
conference agreement includes $1,275,000 to enable the 
Secretary to make a grant to the New Jersey State Police for 
the procurement of video camera equipment for police vehicles. 
Such equipment shall be used for law enforcement purposes 
including the prosecution of drunk drivers.

              transportation administrative service center

      The conference agreement includes a limitation on 
activities financed through the transportation administrative 
service center at $124,124,000 instead of $109,124,000 as 
proposed by the House and $158,468,000 as proposed by the 
Senate. Language is included in the conference agreement that 
stipulates that the limitation shall not apply to non-DOT 
entities and that services provided by the transportation 
administrative service center to entities within the department 
shall be provided on a competitive basis. In addition, the 
conference agreement includes two language provisions, as 
proposed by both the House and Senate. The first provision 
limits activities transferred to the transportation 
administrative service center to only those approved by the 
agency modal administrator; the second limits special 
assessments or reimbursable agreements levied against those 
assessments or reimbursable agreements presented to and 
approved by the House and Senate Committees on Appropriations. 
Lastly, the conference agreement includes a provision that 
exempts from the obligation limitation departmental activities 
related to Year 2000 conversion activities.
      The department shall submit with the annual department's 
Congressional budget submission an approved annual operating 
plan of the transportation administrative service center and 
provide quarterly reports for the Committees' review. Quarterly 
reports and approvals of the Secretary's management council 
shall also be provided to the House and Senate Committees on 
Appropriations in a timely manner.
      The transportation administrative service center 
management is directed to establish a mechanism that ensures 
that the transportation administrative service center's budget 
corresponds to the budget of each of the modes responsible for 
paying transportation administrative service center bills, 
guaranteeing that transportation administrative service center 
charges to the modes are reduced to correspond to Congressional 
reductions.
      Transportation computer center.--The conference agreement 
restores funding necessary to continue operations of the 
transportation computer center (TCC) within the transportation 
administrative service center in fiscal year 1999. The House 
had proposed to eliminate the transportation computer center 
based upon findings of the Inspector General. The Inspector 
General's report, upon which the House based its 
recommendations, may have been based on an out-dated 
independent analysis of the TCC's utility and cost-
effectiveness. In restoring the reduction proposed by the 
House, the director of the transportation administrative 
service center is directed to contract out for an independent 
analysis to determine whether the transportation computer 
center is currently capable of operating at levels that OMB 
considers cost-effective. In addition, the Inspector General is 
directed to review the center's cost effectiveness, utility and 
value added to the department, as well as to provide an 
assessment of departmental users that have indicated an 
interest in obtaining data processing services elsewhere. Both 
the independent analysis and the Inspector General's updated 
audit shall be provided to the House and Senate Committees on 
Appropriations by March 1, 1999.
      National Oceanic and Atmospheric Administration's Office 
of Aeronautical Charting and Cartography.--The conference 
agreement disallows the proposed transfer of the National 
Oceanic and Atmospheric Administration's Office of Aeronautical 
Charting and Cartography to the transportation administrative 
service center, as proposed by the House. The conference 
agreement provides funding for this activity within the Federal 
Aviation Administration.

                   minority business resource center

      The conference agreement includes a limitation on direct 
loans of $13,775,000 and provides subsidy and administrative 
costs totaling $1,900,000, as proposed by both the House and 
the Senate.

                       minority business outreach

      The conference agreement provides $2,900,000 for minority 
business outreach activities, as proposed by both the House and 
the Senate.

                         amtrak reform council

      The conference agreement deletes an appropriation of 
$450,000 for the Amtrak Reform Council proposed by both the 
House and the Senate. The conferees have agreed to provide an 
appropriation of $450,000 directly to the Amtrak Reform Council 
in section 349 of this Act.

                              Coast Guard

                           operating expenses

                     (including transfers of funds)

      The conference agreement provides $2,700,000,000 for 
Coast Guard operating expenses as proposed by the House instead 
of $2,761,603,000 as proposed by the Senate. The conference 
agreement assumes that an additional $71,705,000 will be 
provided for fiscal year 1999 in order to improve the Coast 
Guard's readiness posture. The agreement specifies that 
$300,000,000 of the total is available only for ``defense-
related'' activities, as proposed by the House. The Senate 
proposed a similar amount for ``national security'' activities. 
The agreement accepts the House and Senate language regarding 
new user fees, and deletes Senate language allocating funds for 
enhanced counter-drug operations around Hispaniola.
      Caribbean support tender.--The conference agreement 
deletes House language allocating funds for a Caribbean support 
tender.
      Flexibility provision.--The agreement modifies the Senate 
proposal to allow the transfer of funding from FAA's operating 
account to augment Coast Guard drug interdiction operations. 
The agreement allows the transfer of up to $71,705,000 instead 
of $60,000,000 as proposed by the Senate. This is the 
difference between the level contained in this bill and the 
President's budget request.
      The following table compares the House and Senate bills 
and the conference agreement for items in conference:

                                         COAST GUARD--OPERATING EXPENSES
                                    [Fiscal Year 1999: Conference Agreement]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Conference
                                                               House bill        Senate bill        agreement
----------------------------------------------------------------------------------------------------------------
Personnel Resources:
Budget estimate...........................................    $1,762,471,000    $1,762,471,000    $1,762,471,000
Adjustments to budget estimate:
    Eliminate new officer billets.........................        -5,736,000                 0        -5,736,000
    Restore FY 1998 FTE savings...........................       -15,000,000                 0       -15,000,000
    College fund recruiting...............................          -545,000                 0                 0
    Headquarters staffing.................................        -1,000,000                 0        -1,000,000
    PCS reassignment moves................................        -1,370,000                 0        -1,370,000
    Overseas billet eliminations..........................          -560,000                 0          -560,000
    Military pay and benefits.............................       -10,000,000        -2,377,000       -10,000,000
    Civilian pay and benefits.............................                 0        -3,077,000        -3,075,000
    Health care...........................................                 0        -2,036,000                 0
    PCS moves.............................................                 0        -2,308,000                 0
                                                           -----------------------------------------------------
Amount recommended........................................     1,728,260,000     1,752,673,000     1,725,730,000
Operating Funds & Unit Level Maintenance:
Budget estimate...........................................       619,593,000       619,593,000       619,593,000
Adjustments to budget estimate:
    GSA rent for OSC......................................        -1,448,000                 0                 0
    17th district--FY98 level.............................                 0          +888,000        +1,768,000
    Headquarters directorates.............................                 0        -1,156,000        -1,156,000
    Other activities--FY98 level..........................                 0           -36,000                 0
                                                           -----------------------------------------------------
Amount recommended........................................       618,145,000       619,289,000       620,205,000
Depot Level Maintenance:
Budget estimate...........................................       389,641,000       389,641,000       389,641,000
Adjustments to budget estimate............................                 0                 0  ................
                                                           -----------------------------------------------------
Amount recommended........................................       389,641,000       389,641,000       389,641,000
Account-Wide Adjustments:
    Departmental initiatives..............................          -498,000                 0          -498,000
    Non-pay inflation.....................................       -10,000,000                 0       -10,000,000
    Non-operational travel................................        -2,500,000                 0        -2,500,000
    Advisory/assistance services..........................        -2,000,000                 0        -2,000,000
    Capitalizable projects................................        -8,000,000                 0        -8,000,000
    User fee/reimbursable program.........................        -3,500,000                 0        -3,500,000
    WLB PCAF..............................................          -548,000                 0           -78,000
    Defense OPTEMPO.......................................        -9,000,000                 0        -9,000,000
                                                           -----------------------------------------------------
Amount recommended........................................       -36,046,000                 0       -35,576,000
                                                           =====================================================
      Total appropriation.................................     2,700,000,000     2,761,603,000     2,700,000,000
----------------------------------------------------------------------------------------------------------------

      Nationwide ballast water management program.--The 
conferees agree that the Coast Guard should allocate not less 
than $3,000,000 to the nationwide ballast water management 
program.
      Concord, CA marine safety detachment.--The conference 
agreement accepts the House's concern about the Coast Guard's 
planned closure of the marine safety detachment in Concord, 
California and its impact on the protection of the local marine 
environment from significant oil and chemical traffic and on 
timely and efficient response to oil and chemical accidents in 
the sensitive and busy waterways of the Carquinez Strait and 
other Bay and Delta waterways. The conference agreement agrees 
with the House's direction that the Coast Guard shall not 
obligate any funds to begin the closure or termination of this 
unit until: (1) the Coast Guard enters into discussions with 
Contra Costa County officials concerning the impact of the 
closure; (2) the Coast Guard submits a report to the House and 
Senate Committees on Appropriations that explains how the Coast 
Guard will assure the timely and efficient response to oil and 
chemical accidents in the area and continue to perform other 
critical oversight functions concerning oil and chemical 
traffic in these waterways; and (3) the House and Senate 
Committees on Appropriations have had thirty legislative days 
to review the Coast Guard report.
      Nationwide differential global positioning system.--
Within the ``Acquisition, construction, and improvements'' 
account, the conferees have provided $7,500,000 for 
differential global positioning system (DGPS) equipment, of 
which $5,500,000 is for electronic equipment costs, site 
preparation and construction work, and installation of 
conversion software at Air Force ground wave emergency network 
transmitter sites throughout the continental United States 
under the nationwide DGPS program. The conference agreement 
directs that, of funds made available under Coast Guard 
``Operating expenses'', sufficient operating funds be made 
available to support this NDGPS activity. The agreement notes 
that, in the future, these sites may be operated by other DOT 
personnel through a memorandum of agreement between the Coast 
Guard and the Federal Railroad Administration or the Federal 
Highway Administration.
      Distribution of funds.--The conferees do not agree with 
the House proposal to reduce funds for polar icebreaking and 
fisheries enforcement missions in order to finance additional 
drug interdiction activities. After development of the House 
bill, the Coast Guard raised its estimated fiscal year 1999 
funding for drug interdiction activities from $372,000,000 to 
$440,000,000--an increase of $68,000,000 (18 percent) since 
submission of the President's budget. The Coast Guard believes 
this increased level can be accomplished without lowering 
performance in other mission areas. With this development, the 
conferees agree that it is no longer necessary to reallocate 
funding from other missions.
      Channel marking, Timbalier and Terrebonne Bays, LA.--The 
conferees direct the Coast Guard to provide adequate 
navigational markings in the east-west channel from the Houma 
Navigational Canal to the Havoline Canal in the vicinity of 
Timbalier and Terrebonne bays, Louisiana to ensure the safe and 
efficient navigation of maritime vessels. The conferees 
understand that the existing buoy and lights placed by the 
Coast Guard in this channel are insufficient. In addition, the 
conferees expect the Coast Guard to work with the Army Corps of 
Engineers to address the feasibility of upgrading the channel 
over the long term.
      Container inspection program.--The DOT Inspector General 
recently reported that the Coast Guard container inspection 
program was failing to uniformly and aggressively utilize its 
own targeting system to prioritize and select hazardous 
material containers for inspection. The IG audit of ten 
shipping terminals found that fully 68 percent of the 
containers selected for inspection would have been identified 
as low risk under the Coast Guard targeting system and should 
not have been chosen for inspection. Indeed, the audit revealed 
that Coast Guard inspectors regularly used alternative methods 
that did not identify containers posing the highest risks to 
human life, the safety of port areas, or the environment. The 
conferees are concerned that the Coast Guard's failure to abide 
by its own targeting criteria has undermined the effectiveness 
of the container inspection program and potentially compromised 
the safety of U.S. ports. Accordingly, the conferees concur in 
the directive of the Senate Committee regarding staffing of the 
container inspection program and expect this action will serve 
to rejuvenate this program. Toward that end, the conferees 
direct the Commandant to submit a report to the House and 
Senate Committees on Appropriations detailing the measures he 
has taken to address the deficiencies cited in the IG audit. 
This report shall also identify the location and rank of each 
Coast Guard container inspector.
      Military health care.--The conferees are concerned about 
the structure of the current health care delivery system for 
service personnel and their dependents in remote or isolated 
communities with higher than average health care costs. The 
Coast Guard should explore additional means of assuring that 
health care services are accessible for Coast Guard personnel 
and their dependents at an out-of-pocket cost not substantially 
in excess of that paid by Coast Guard personnel and their 
dependents stationed in larger communities which have health 
care costs closer to system-wide average medical costs.
      Seasonal search and rescue facility, Southern Lake 
Michigan.--The conference agreement directs the Commandant to 
establish an additional seasonal search and rescue facility on 
Southern Lake Michigan, to better serve the Chicago 
metropolitan area and the surrounding environment. The 
conferees understand that this will require the Coast Guard to 
make arrangements to acquire, refurbish, or otherwise obtain 
additional helicopter assets for this purpose. The conferees 
understand that the Coast Guard has two damaged HH-65 
helicopters which could potentially be refurbished to serve 
this mission. The conference agreement directs the Coast Guard 
not to close or downsize any other facility to accommodate this 
additional seasonal capability. The Coast Guard is further 
directed to study Illinois sites in the Chicago metropolitan 
area, including Waukegan, Illinois, and to submit a report to 
the Congress recommending a site from within these options 
before proceeding.
      Reductions.--While some of the reductions in this bill 
are due largely to budget constraints, others are due to 
programmatic objections to the levels of funding proposed by 
the Coast Guard for specific activities. This bill assumes that 
additional funding for Coast Guard operations will be provided 
for fiscal year 1999. None of these additional funds may be 
used to augment funding in this bill for the following items 
which are being reduced in this conference report:

        Activity                                               Reduction
Eliminate new officer billets...........................     -$5,736,000
Non-operational travel..................................      -2,500,000

              Acquisition, Construction, and Improvements

      The conference agreement includes $395,465,000 for 
acquisition, construction, and improvement programs of the 
Coast Guard instead of $389,000,000 proposed by the House and 
$426,173,000 proposed by the Senate. Consistent with past years 
and the House and Senate bills, the conference agreement 
distributes funds in the bill by budget activity.
      The bill assumes offsetting collections of $1,000,000 
from sale or lease of real property as proposed by the Senate 
instead of $3,000,000 as proposed by the House.
      The bill includes the provision proposed by the Senate 
which authorizes the Secretary to enter into a long-term 
agreement with the City of Homer, Alaska for dedicated pier 
space on the municipal dock for Coast Guard vessels.
      Roles and missions study.--The conferees agree to allow 
funding for the operation of an advisory council on Coast Guard 
roles and missions in fiscal year 1999, but direct that those 
obligations be limited to not more than $1,000,000. The House 
bill provided a like amount for a blue-ribbon panel; the Senate 
bill deferred funding for any such panel until a future fiscal 
year. The conferees are concerned about the long-term 
affordability of recapitalizing the Coast Guard, given the 
current and projected budget environment and the current array 
of Coast Guard missions. The administration's proposal to 
finance a portion of those capital improvements with specific 
user fees this year was strongly denied by both the House and 
Senate. This roles and missions process should not be used to 
delay the deepwater capability replacement program, which is 
only in the concept exploration and design phase.
      A table showing the distribution of this appropriation by 
project as included in the fiscal year 1999 budget estimate, 
House bill, Senate bill, and the conference agreement follows:

                          ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS--FISCAL YEAR 1999
----------------------------------------------------------------------------------------------------------------
                                                           Fiscal year 1999--
              Program name               ------------------------------------------------------    Conference
                                              Estimate            House            Senate           agreement
----------------------------------------------------------------------------------------------------------------
Vessels.................................      $269,573,000      $227,913,000      $234,553,000      $219,923,000
    Survey and design--cutters and boats           500,000           500,000           500,000           500,000
    Seagoing buoy tender (WLB)
     replacement........................       105,000,000        81,790,000        45,000,000        72,600,000
    Coastal buoy tender (WLM)
     replacement........................        31,000,000        27,000,000        31,000,000        27,000,000
    47-foot motor lifeboat (MLB)
     replacement project................        20,800,000        20,800,000        20,800,000        20,800,000
    Buoy boat replacement project (BUSL)        11,773,000         7,073,000        11,773,000        11,773,000
    Polar icebreaker replacement follow-
     on.................................         2,100,000         2,100,000         2,100,000         2,100,000
    Configuration management............         3,800,000         3,800,000         3,800,000         3,800,000
    Surface search radar replacement
     project............................        12,900,000         8,450,000        12,900,000         8,450,000
    Polar class icebreaker reliability
     improvement program................         6,100,000                 0         4,000,000                 0
    Barracuda coastal patrol boat (CPB).        37,600,000        47,600,000        37,600,000        37,600,000
    Mackinaw replacement................                 0         6,000,000         4,000,000         5,300,000
    Deepwater capability concept
     exploration........................        28,000,000        20,000,000        28,000,000        20,000,000
    ATS-1 conversion....................        10,000,000         2,000,000        14,000,000        10,000,000
    Reactivate 2 T-AGOS vessels.........                 0         9,900,000                 0                 0
    Unobligated balance transfer........                 0        -9,100,000                 0                 0
    Drug interdiction assets............                 0                 0        19,080,000                 0
Aircraft................................        37,131,000        39,400,000        55,131,000        35,700,000
    HC-130 engine conversion............         9,941,000         4,100,000         9,941,000         4,100,000
    HH-65A helicopter kapton rewiring...         4,500,000         4,500,000         4,500,000         4,500,000
    HH-65A helicopter mission computer
     replacement........................         3,000,000         3,000,000         3,000,000         3,000,000
    HH-65A engine control program.......                 0                 0         9,000,000         6,000,000
    Long range search aircraft
     capability preservation............         1,590,000                 0         1,590,000                 0
    HC-130 aircraft sensor upgrade......        11,000,000        11,000,000        11,000,000        11,000,000
    HU-25 SLAR radar upgrade............         2,500,000         2,500,000         2,500,000         2,500,000
    HU-25 A avionics improvements.......         3,500,000         3,500,000         3,500,000         3,500,000
    HH-60J navigation upgrade...........         1,100,000         1,100,000         1,100,000         1,100,000
    HU-25 engine overhaul...............                 0         9,100,000                 0                 0
    Low signature aircraft..............                 0         2,000,000                 0                 0
    Unobligated balance transfer (TCAS).                 0        -1,400,000                 0                 0
    Drug interdiction assets............                 0                 0         9,000,000                 0
Other Equipment.........................        33,969,000        30,314,000        44,789,000        36,569,000
    Fleet logistics system..............         4,669,000         4,669,000         4,669,000         4,669,000
    Ports and waterways safety system
     (PAWSS)............................         6,600,000         6,600,000         5,500,000         6,600,000
    Marine information for safety and
     law enforcement (MISLE)............         6,100,000         4,100,000         4,000,000         4,100,000
    Aviation logistics management
     information system (ALMIS).........         1,000,000                 0         1,000,000         1,000,000
    National distress system
     modernization......................         3,000,000         3,000,000         2,000,000         3,000,000
    Communication systems 2000..........         2,000,000         2,000,000         1,000,000         2,000,000
    Personnel MIS/Jt uniform military
     pay system.........................         1,900,000         1,900,000         1,900,000         1,900,000
    Local notice to manners automation..         1,300,000         1,300,000         1,000,000         1,000,000
    Defense message system
     implementation.....................           800,000           800,000           800,000           800,000
    Differential GPS....................         2,600,000                 0         9,520,000         7,500,000
    Commercial satellite communications.         4,000,000         4,000,000         4,000,000         4,000,000
    Drug interdiction sensors, cutter or
     aircraft...........................                 0         9,000,000                 0                 0
    Unobligated balance transfer........                 0        -7,055,000                 0                 0
    Drug interdiction assets............                 0                 0         9,400,000                 0
Shore Facilities and Aids to Navigation.        53,650,000        42,923,000        43,250,000        54,823,000
    Survey and design--shore projects...         5,000,000         5,000,000         5,000,000         5,000,000
    Minor AC&I shore construction
     projects...........................         6,000,000         6,000,000         6,000,000         6,000,000
    Public family quarters..............        18,600,000         2,300,000         5,000,000         9,000,000
    Waterways ATON projects.............         5,000,000         4.073,000         5,000,000         4,073,000
    Group/Station New Orleans, LA--
     relocation.........................                 0         4,000,000                 0         4,000,000
    Air Station Cape Cod, MA--replace
     electric distribution system.......         1,500,000         1,500,000         1,500,000         1,500,000
    Air Station Miami, FL--renovate
     fixed wing hanger..................         7,100,000         3,600,000         7,100,000         3,600,000
    ISC Boston, MA--waterfront
     rehabilitation.....................         2,100,000         2,100,000         2,100,000         2,100,000
    Station Oswego--47 MLB improvements.         1,450,000         1,450,000         1,450,000         1,450,000
    Station Neah Bay--waterfront
     renovation.........................         3,000,000         3,000,000         3,000,000         3,000,000
    Station Cape Disappointment--47 MLB
     improvements.......................         1,700,000         1,700,000         1,700,000         1,700,000
    Coast Guard training infrastructure--
     optimize...........................         2,200,000         2,200,000         2,200,000         2,200,000
    Capitalizable projects..............                 0         8,000,000                 0         8,000,000
    Asset sales.........................                 0        -2,000,000                 0                 0
    Station Dauphin Island..............                 0                 0         3,200,000         3,200,000
Personnel and Related Support...........        48,450,000        48,450,000        48,450,000        48,450,000
    Direct personnel costs..............        47,700,000        47,700,000        47,700,000        47,700,000
    Core acquisition costs..............           750,000           750,000           750,000           750,000
                                         -----------------------------------------------------------------------
      Total gross appropriation.........       442,773,000       389,000,000       426,173,000       395,465,000
----------------------------------------------------------------------------------------------------------------

      Seagoing buoy tender.--The conference agreement provides 
$72,600,000 for construction of two new seagoing buoy tenders 
(WLBs) and standardization of prior vessels, which includes a 
reduction of $1,000,000 in Coast Guard administrative costs. 
The WLB program has been subject to vascillating vessel cost. 
Therefore, the Coast Guard is directed to aggressively manage 
this program to take full advantage of the new procurement 
award. The conferees anticipate that, due to the maturity of 
the program, there should be few--if any--change orders for the 
balance of the vessel procurement.
      Group/Station New Orleans.--The conferees agree to 
provide $4,000,000 for this project, as proposed by the House. 
Of these funds, the conferees direct that $2,500,000 is only to 
improve the condition of the waterway adjoining the relocation 
site.
      Mackinaw replacement program.--The conferees agree that 
the Congressionally directed study on this program is to be 
submitted by January 1, 1999, as proposed by the House.

                Environmental Compliance and Restoration

      The conference agreement includes $21,000,000 for 
environmental compliance, as proposed by both the House and the 
Senate.

                         Alteration of Bridges

      The conference agreement includes $14,000,000 for 
alteration of bridges instead of $12,000,000 proposed by the 
House and $20,000,000 proposed by the Senate. The conference 
agreement distributes these funds as follows:

Bridge and location:                                Conference agreement
    New Orleans, LA, Florida Avenue RR/HW Bridge........      $7,000,000
    Brunswick, GA, Sidney Lanier HW Bridge..............       5,000,000
    Charleston, SC, Limehouse Bridge....................       1,000,000
    Boston, MA, Chelsea Street Bridge...................       1,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total...........................................      14,000,000

      Florida Avenue Bridge.---The conferees agree to provide 
$7,000,000 for this project, and direct that $300,000 of this 
funding shall be made available to the Port of New Orleans to 
cover the federal portion of a study of the feasibility of 
development of the Millennium Port in south Louisiana.

                              Retired Pay

      The conference agreement includes $684,000,000 for Coast 
Guard retired pay, as recommended by both the House and the 
Senate.

                            Reserve Training

                     (Including Transfer of Funds)

      The conference agreement provides $69,000,000 for reserve 
training as proposed by the House instead of $67,000,000 as 
proposed by the Senate. The agreement also includes a provision 
restricting the assessment of direct charges on the reserves, 
as proposed by the House.

              Research, Development, Test, and Evaluation

      The conference agreement provides $12,000,000 for Coast 
Guard research, development, test, and evaluation as proposed 
by the House instead of $17,461,000 as proposed by the Senate. 
The agreement includes language proposed by the House 
stipulating that funds received from non-federal sources may be 
credited to ``and used for the purposes of'' this 
appropriation. The conference agreement assumes that an 
additional $5,000,000 will be provided for fiscal year 1999.

                    Federal Aviation Administration

                               Operations

      The conference agreement provides $5,562,558,000 for 
operating expenses of the Federal Aviation Administration 
instead of $5,532,558,000 as proposed by the House and 
$5,538,259,000 as proposed by the Senate. These funds are in 
addition to amounts made available as a mandatory appropriation 
of user fees in the Federal Aviation Administration 
Reauthorization Act of 1996 (Public Law 104-264). However, due 
to agency delays in addressing legal concerns over the proposed 
fees, the FAA is not expected to realize any income from this 
source during fiscal year 1999. Of the total amount provided, 
$4,112,174,000 is to be derived from the airport and airway 
trust fund.
      Contract tower cost-sharing program.--The conferees agree 
to the proposal of the Senate which allocates $6,000,000 for 
the contract tower cost-sharing program.
      Transportation administrative service center 
limitation.--The conference agreement includes the limit of 
$28,600,000 on FAA's fiscal year 1999 contribution to the 
transportation administrative service center (TASC) proposed by 
the House.
      Multiyear leases.--The conference agreement includes, 
with modification, a provision proposed by the House which 
provides certain restrictions on multiyear leases signed by the 
FAA. The final bill restricts funds for leases five years or 
longer in term; the House bill had proposed such restrictions 
on leases three years or longer.
      Contribution to essential air service program.--The 
conference agreement deletes language proposed by the House 
which would have prohibited the FAA from transferring funds to 
the essential air service (EAS) and rural airport program from 
the agency's operating account in the event of a shortfall in 
overflight user fee collections. Current law stipulates that 
the FAA must pay these costs if a shortfall in collections 
would cause funding to drop below $50,000,000 for the EAS 
program.
      Satellite leases.--The conference agreement includes 
language proposed by the House requiring a certification from 
the FAA Administrator before signing a lease for satellite 
services for the wide area augmentation system.
      The following table compares the conference agreement to 
the levels proposed in the House and Senate bills by budget 
activity:

                              FAA OPERATIONS--FISCAL YEAR 1999 CONFERENCE AGREEMENT
----------------------------------------------------------------------------------------------------------------
                                                               House              Senate           Conference
----------------------------------------------------------------------------------------------------------------
  Air Traffic Services:
    Budget estimate....................................    $4,380,866,000      4,380,866,000     $4,380,866,000
    Adjustments to budget estimate:
        Air traffic--NAS handoff.......................        -4,600,000                  0         -4,600,000
        Air traffic--aeronautical charting.............        -5,000,000                  0         -2,500,000
        Air traffic--annualize FY98 hires..............        -5,000,000                  0         -5,000,000
        Air traffic--MARC..............................        +1,700,000                  0         +1,700,000
        Systems maintenance............................       +12,584,000        -10,000,000         +5,000,000
        Leased telecomm--reduction.....................        -5,000,000                  0         -5,000,000
        Leased telecomm--WAAS..........................       -22,700,000                  0        -22,700,000
        Leased telecomm--LAAS..........................          -675,000                  0           -675,000
        General reduction..............................                 0        -62,100,000                  0
        Contract tower cost sharing....................                 0         +6,000,000         +6,000,000
        Technical noise assistance grant...............                 0           +100,000           +100,000
        National airspace redesign.....................                 0        +11,000,000                  0
                                                        --------------------------------------------------------
      Amount recommended...............................     4,352,175,000      4,325,866,000      4,353,191,000
                                                        ========================================================
  Aviation Regulation/Certification:
    Budget estimate....................................       636,027,000        636,027,000        636,027,000
    Adjustments to budget estimate:
        Flight stds--new staffing......................          -425,000                  0           -425,000
        Flight stds--av. safety pgm....................          +500,000                  0           +500,000
        Rulemaking--FY98 level.........................          -684,000                  0           -684,000
        General reduction..............................                 0        -11,148,000         -5,000,000
                                                        --------------------------------------------------------
      Amount recommended...............................       635,418,000        624,879,000        630,418,000
                                                        ========================================================
  Aviation Security:
    Budget estimate....................................       128,821,000        128,821,000        128,821,000
    Adjustments to budget estimate:
        Provide smaller increase.......................                 0        -17,392,000         -6,180,000
                                                        --------------------------------------------------------
      Amount recommended...............................       128,821,000        111,429,000        122,641,000
                                                        ========================================================
  Research and Acquisition:
    Budget estimate....................................        94,202,000         94,202,000         94,202,000
    Adjustments to budget estimate
        Hold to FY98 level.............................        -1,862,000         -1,862,000         -1,862,000
                                                        --------------------------------------------------------
      Amount recommended...............................        92,340,000         92,340,000         92,340,000
                                                        ========================================================
  Administration of Airports:
    Budget estimate....................................        49,854,000         49,854,000         49,854,000
    Adjustments to budget estimate:
        DOT-wide grants mgmt syst......................          -300,000                  0           -300,000
        Hold to FY98 level.............................                 0         -1,963,000         -1,000,000
                                                        --------------------------------------------------------
      Amount recommended...............................        49,554,000         47,891,000         48,554,000
                                                        ========================================================
  Comm. Space Transportation:
    Budget estimate....................................         6,275,000          6,275,000          6,275,000
    Adjustments to budget estimate:
        Hold to FY98 level.............................                 0           -107,000           -107,000
                                                        --------------------------------------------------------
      Amount recommended...............................         6,275,000          6,168,000          6,168,000
                                                        ========================================================
  Administration:
    Budget estimate....................................       259,014,000        259,014,000        259,014,000
    Adjustments to budget estimate:
        Washington flight program......................          -649,000                  0                  0
        Hold to FY98 level.............................                 0         -2,521,000         -1,500,000
                                                        --------------------------------------------------------
      Amount recommended...............................       258,365,000        256,493,000        257,514,000
                                                        ========================================================
  Staff Offices:
    Budget estimate....................................        76,071,000         76,071,000         76,071,000
    Adjustments to budget estimate:
        Office of safety assessment....................        +1,000,000                  0         +1,000,000
        Hold to FY98 level.............................                 0         -2,878,000           -878,000
                                                        --------------------------------------------------------
      Amount recommended...............................        77,071,000         73,193,000         76,193,000
                                                        ========================================================
  Account-Wide Adjustments:
    Advisory and assistance svs........................          -179,000                  0           -179,000
    TASC...............................................        -2,000,000                  0         -2,000,000
    Contractual studies................................        -1,000,000                  0         -1,000,000
    Acquisition staffing...............................       -17,440,000                  0        -17,440,000
    Offset, misc user fees.............................        -3,842,000                  0         -3,842,000
                                                        --------------------------------------------------------
      Amount recommended...............................       -24,461,000                  0        -24,461,000
                                                        ========================================================
Total appropriation....................................     5,575,558,000      5,538,259,000      5,562,558,000
    (Appropriation in this bill).......................    (5,532,558,000)    (5,538,259,000)    (5,562,558,000)
                                                        --------------------------------------------------------
    (Mandatory user fees)..............................       (43,000,000)  .................  .................
----------------------------------------------------------------------------------------------------------------

      Aircraft firefighting training.--The conferees do not 
agree with Senate direction allocating $1,500,000 for aircraft 
firefighting training at the Rocky Mountain Emergency Services 
Training Center.
      Technical noise assistance.--The conference agreement 
directs that the $100,000 provided to a local citizens group to 
retain the services of a technical expert in order to 
facilitate the involvement of local citizens during the FAA's 
airspace redesign effort shall go to the New Jersey Citizens 
for Environmental Research.
      Contract tower program.--The conferees do not agree with 
Senate direction requiring the establishment of an air traffic 
control tower in Salisbury, Maryland. However, it is the 
conferees' understanding that the contract towers listed in the 
Senate report, including Salisbury, Maryland, are eligible for 
the existing contract tower program or for the new cost-sharing 
element of this program and should receive consideration for 
funding. In addition, the conferees understand that Phoenix 
Goodyear Airport in Arizona, Waukesha County Airport in 
Wisconsin, and Sugarland Airport in Texas are eligible for 
these programs and should also receive consideration for 
funding.
      The conferees note that the FAA contract tower program 
was recently validated by the DOT Inspector General as a cost-
effective way to enhance aviation safety. The conferees direct 
the FAA to fully fund the base contract tower program at the 
level requested. Furthermore, the FAA is directed to conduct a 
study of extending the contract tower program to existing air 
traffic control towers without radar capability. The study 
should identify potential cost savings and other benefits, 
including the positive impact on controller staffing at busier 
FAA air traffic facilities. The FAA Administrator should 
provide this study to the House and Senate Committees on 
Appropriations within 90 days after enactment of this Act. This 
study should include a plan and timeline for expanding the 
contract tower program to these facilities by the year 2000.
      Air traffic controller training.--The conference 
agreement includes $40,438,000 for air traffic controller 
training, including $15,500,000 for the controller training 
contract and $24,938,000 for technical training at the FAA 
Academy in Oklahoma. The FAA is directed not to reprogram any 
of these funds without prior Congressional approval.
      Airspace redesign.--The conference agreement includes 
$3,000,000 specifically for the redesign of the New York/New 
Jersey metropolitan airspace. The agreement also concurs in the 
directive of the Senate concerning quarterly reports on 
initiatives to minimize delays at Newark International Airport.
      Fort Sill/Lawton, OK air traffic control tower.--The 
conferees note that the Army has announced its intention to 
discontinue operation of the Fort Sill ARAC at Henry Post Army 
Airfield in Lawton, Oklahoma. Funding is provided within the 
recommended level to continue the operation of the Fort Sill 
ARAC until such time as the staff study to determine the most 
cost-effective method of continuing air traffic services is 
concluded. The Administrator should consult with the House and 
Senate Committees on Appropriations on alternatives for 
continuing the necessary air traffic services provided by the 
Fort Sill ARAC before implementing any modifications to the 
current operations.
      Secret Service.--The conferees reiterate the concern 
expressed in the Senate report about the relative treatment of 
Secret Service agents in the pending policy guidelines 
regarding the authority of law enforcement officials to carry 
weapons aboard aircraft. Special agents and officers of the 
Secret Service should be included among those law enforcement 
officers with the most unrestricted access within any 
guidelines in this regard. The FAA has recently indicated that 
the proposed policy guidelines have been revised consistent 
with the guidance provided in the Senate report.
      MARC.--The conferees direct the FAA to continue the 
current contractual relationship with the Mid-America Aviation 
Resource Consortium, as proposed by the House. In addition, 
funding of $1,700,000 is provided in the bill, as proposed by 
the House.
      University-based center for training.--The conferees do 
not agree with Senate direction requiring the establishment of 
a university-based center for training, academics and research.
      New York/New Jersey controller pay.--The conference 
agreement recognizes that an agreement has been reached between 
the FAA and the National Air Traffic Controllers Association to 
re-classify the compensation structure for air traffic 
controllers nationwide. However, the agreement as currently 
structured will create a pay gap between controllers serving 
the three major towers in the New York/New Jersey metropolitan 
region--Newark International Airport, Kennedy Airport, and 
LaGuardia Airport--and the New York TRACON and the New York en 
route center. Controllers could rapidly leave the towers 
seeking higher wages at the TRACON and the center. Indeed, 
history has shown that such controller migration is a recurring 
problem in the region. The FAA may not be able to attract and 
retain the most qualified and seasoned controllers to serve the 
towers in this busy region. The conference agreement directs 
the Administrator to submit a report by April 1, 1999, 
proposing a plan to minimize this pay disparity using financial 
incentives and other tools as well as exploring other options, 
including those within the existing pay agreement, to ensure 
that there will be adequate staffing of well experienced 
controllers at the towers. In preparing this plan, the 
Administrator must consult with the air traffic controllers 
serving the New York/New Jersey metropolitan region.

                        Facilities and Equipment

                    (Airport and Airway Trust Fund)

      The conference agreement provides $1,900,000,000 for 
facilities and equipment instead of $2,000,000,000 as proposed 
by the House and $2,044,683,269 as proposed by the Senate. The 
bill provides that funds for programs in budget activities one 
through four have an obligational availability of three years 
and funds for programs in budget activity five are available 
for two years, as proposed by the House. The Senate bill made 
the entire appropriation available for three years. The 
conference agreement assumes that an additional $100,000,000 
will be provided for fiscal year 1999.
      Explosive detection systems.--The agreement modifies 
language proposed by the House prohibiting the obligation of 
funds for explosive detection systems until thirty days after 
the FAA Administrator makes certain certifications regarding 
the use of, and funding for, these systems. The modification 
covers funds provided in this Act or any other appropriations 
Act for fiscal year 1999.
      Instrument landing system, Louisville Standiford Field.--
The agreement deletes language proposed by the House which 
would have reimbursed the sponsor of Louisville Standiford 
Field for costs relating to acquisition of an instrument 
landing system. The conferees understand that FAA has now 
reimbursed the sponsor out of other available funds.
      Outlay cap.--The conference agreement deletes the 
provisions proposed by the Senate which would have limited 
outlays under this account during fiscal year 1999, specified 
penalties for violations of such cap, and required monthly 
reports on compliance.
      Wide area augmentation system.--The conference agreement 
modifies language proposed by the Senate on the GPS wide area 
augmentation system (WAAS). The proponents of this system have 
argued vigorously that restrictions imposed in the Senate bill 
would cause the termination of this development program--an 
outcome not desired at this time by either the House or Senate. 
Therefore, the conference agreement provides total funding of 
$85,000,000 to continue the WAAS program.
      However, those proponents have not been able to provide 
compelling assurances that this program will be cost-effective 
beyond the initial phase, which is expected to become 
operational early next year. The serious and persistent 
technical concerns expressed in both the House and Senate 
reports await resolution by the FAA at an unknown cost and in 
an unknown timeframe. Because of these concerns, and the need 
to fund other critical FAA programs in the near term, the 
agreement includes a provision which prohibits the use of funds 
under the ``Next generation navigation systems'' program for 
any WAAS activities beyond phase I. The conferees intend for 
FAA to take a ``time out'' at this point to reassess the 
justification for the program beyond phase one. The FAA has 
also expressed some interest in taking a ``time out'' before 
proceeding to further phases in this program.
      FAA has not appropriately or fairly considered all 
technology combinations for next generation navigation and 
landing systems. The extant WAAS benefit-cost study assumes 
costs for competing systems which may no longer be valid, while 
benefits for WAAS technology may be overstated. Congress will 
be unable to adequately judge the need for future 
appropriations for the wide-area and local-area augmentation 
systems (WAAS and LAAS, respectively) until FAA completes an 
up-to-date alternatives analysis which looks at various 
combinations of existing and new, ground-based and satellite-
based technologies.
      The following table provides a breakdown of the House and 
Senate bills and the conference agreement by program:

                                   FACILITIES AND EQUIPMENT--FISCAL YEAR 1999
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                  FY 1999                                           Conference
                    Title                         estimate        House bill      Senate bill       agreement
----------------------------------------------------------------------------------------------------------------
  Engineering development, test and
 evaluation:
Advanced technology development and
 prototyping................................    [135,857,000]         45,857.0  ...............         52,566.0
                                             -------------------------------------------------------------------
    Subtotal--ADV Dev/prototyping...........    [135,857,000]         45,857.0  ...............         52,566.0
                                             ===================================================================
Aviation weather services improvements......         26,300.0         26,300.0         26,300.0         26,300.0
En route automation.........................        118,000.0  ...............        113,000.0  ...............
Oceanic automation system...................         13,700.0  ...............          3,237.0  ...............
Aeronautical data link (ADL) applications...         16,500.0  ...............         23,000.0         39,000.0
Next generation VHF A/G communication system            500.0  ...............          4,706.0  ...............
Air traffic management (ATM)................         47,800.0  ...............         64,300.0         51,200.0
Conflict probe..............................       [46,000.0]  ...............  ...............         41,000.0
Host replacement............................       [72,000.0]  ...............  ...............         20,000.0
Traffic flow management.....................  ...............  ...............          3,287.0  ...............
                                             -------------------------------------------------------------------
    Subtotal--En Route Programs.............        222,800.0         26,300.0        237,830.0        177,500.0
                                             ===================================================================
Terminal digital radar (ASR-11).............  ...............  ...............  ...............  ...............
Terminal automation (STARS).................         74,700.0         74,700.0         74,700.0         99,200.0
Free flight phase I.........................         39,200.0        168,200.0  ...............  ...............
Runway incursion reduction..................  ...............  ...............          9,168.0  ...............
Airport technology..........................  ...............  ...............          5,000.0  ...............
                                             -------------------------------------------------------------------
    Subtotal--Terminal Programs.............        113,900.0        242,900.0         88,868.0         99,200.0
                                             ===================================================================
Local area augmentation system for GPS
 (LAAS).....................................          6,500.0  ...............          6,500.0  ...............
Wide area augmentation system (WAAS)........        101,500.0  ...............        117,500.0  ...............
Next generation navigation systems..........  ...............        129,875.0  ...............         92,000.0
Next generation landing systems.............  ...............  ...............  ...............         34,175.0
Navigation and surveillance.................  ...............  ...............         13,285.0  ...............
Loran-C upgrades............................  ...............  ...............         10,000.0  ...............
                                             -------------------------------------------------------------------
    Subtotal--Landing/NAVAIDS...............        108,000.0        129,875.0        147,285.0        126,175.0
                                             ===================================================================
FAA technical center facility--building
 lease......................................          5,290.0          5,290.0          5,290.0          5,290.0
NAS improvement of system support laboratory          2,000.0          2,000.0          2,000.0          2,000.0
Technical center facilities.................          7,000.0          7,000.0          7,000.0          7,000.0
Independent operational test support........          3,500.0          3,500.0          3,500.0          3,500.0
                                             -------------------------------------------------------------------
    Subtotal--RDT and E equipment and
     facilities.............................         17,790.0         17,790.0         17,790.0         17,790.0
                                             ===================================================================
        Total activity 1....................        462,490.0        462,722.0        491,773.0        473,231.0
                                             ===================================================================
  Air traffic control facilities and
 equipment:
Long range radar (LRR) program--replace/
 establish..................................          5,700.0          5,700.0          5,700.0          5,700.0
En route automation.........................        195,300.0        166,700.0        196,400.0        194,692.4
Next generation weather radar (NEXRAD)......          4,900.0          4,900.0          4,900.0          4,900.0
Air traffic operations management...........          1,000.0          1,000.0          1,000.0          1,000.0
Weather and radar processor (WARP)..........         20,000.0  ...............         22,200.0         20,000.0
Aeronautical data link (ADL) applications...            600.0            600.0            600.0            600.0
ARTCC building improvements/plant
 improvements...............................         63,931.6         49,800.0         63,931.6         54,000.0
Voice switching and control system (VSCS)...         14,500.0          7,500.0         12,500.0         10,000.0
Air traffic management......................         44,600.0         29,403.3         47,600.0         35,000.0
Critical communications support.............          1,850.0          1,850.0          1,850.0          1,850.0
DOD base closure--facility transfer.........          1,000.0          1,000.0          1,000.0          1,000.0
Back-up emergency communications (BUEC).....          8,500.0          8,500.0          8,500.0          8,500.0
Air/ground communication RFI elimination....          1,600.0          1,600.0          1,600.0          1,600.0
Volcano monitor.............................  ...............  ...............          2,000.0          2,000.0
ATC beacon interrogator (ATCBI) replacement.         14,800.0         14,800.0         14,800.0         14,800.0
ATC en route radar facilities...............          4,100.0          4,100.0          5,300.0          4,100.0
En route comms and control facilities
 improvement................................          3,126.7          3,126.7          2,000.0          2,000.0
                                             -------------------------------------------------------------------
    Subtotal--En route programs.............        385,508.3        300,580.0        391,881.6        361,742.4
                                             ===================================================================
Terminal Doppler weather radar (TDWR)--
 provide....................................          4,300.0          4,300.0          1,800.0          4,300.0
Terminal automation.........................        135,300.0        121,600.0        135,300.0        100,000.0
Terminal air traffic control facilities--
 replace....................................         82,300.0         58,725.0         82,300.0         63,625.0
Control tower/tracon facilities--improve....         17,722.3         17,722.2         22,722.3         17,722.2
Terminal voice switch replacement (TVSR)/
 ETVS.......................................         11,500.0          9,000.0         10,300.0         10,300.0
Employee safety/OSHA and environmental
 compliances................................         22,000.0         22,000.0         22,000.0         22,000.0
Chicago Metroplex...........................            500.0  ...............            500.0  ...............
New Austin Airport at Bergstrom.............          2,500.0          2,500.0          2,500.0          2,500.0
Potomac Metroplex...........................         11,900.0         11,900.0  ...............  ...............
Denver Metroplex............................  ...............  ...............  ...............  ...............
Northern California Metroplex...............         27,600.0         21,700.0         17,900.0         17,900.0
Atlanta Metroplex...........................         18,200.0         18,200.0         12,200.0         15,000.0
NAS infrastructure management system (NIMS).         22,000.0         18,000.0         22,000.0         20,000.0
Airport surveillance radar (ASR-9)..........          6,300.0          2,500.0          6,300.0          5,000.0
Airport surface detection equipment (ASDE-3)          5,600.0          5,600.0          5,600.0          5,600.0
Airport movement area safety system (AMASS).          9,800.0          9,800.0          9,800.0          9,800.0
Voice Recorder Replacement Program..........          3,000.0          3,000.0          3,000.0          3,000.0
Terminal facilities integration.............          5,600.0  ...............  ...............  ...............
Terminal digital radar (ASR-11).............         66,100.0         62,200.0         76,100.0         62,200.0
Weather systems processor...................         16,100.0         13,200.0         11,900.0         11,900.0
DOD/FAA ATC facilities transfer.............          3,600.0          3,600.0          1,000.0          1,000.0
Precision runway monitors...................          3,300.0          3,300.0          3,300.0          3,300.0
Terminal radar (ASR)--improve...............          2,773.4          2,773.4          2,773.4          2,773.4
Terminal communications improvements........          1,119.8          1,119.8          1,119.8          1,119.8
                                             -------------------------------------------------------------------
    Subtotal--terminal programs.............        479,115.5        412,740.4        450,415.5        379,040.4
                                             ===================================================================
Automated surface observing system (ASOS)...          9,900.0          9,900.0         20,977.0          9,900.0
Oasis.......................................         25,500.0         22,500.0         16,000.0         19,250.0
Flight service facilities improvement.......          1,364.4          1,364.4          1,364.4          1,364.4
Flight service station modernization........          1,000.0          2,000.0          1,000.0          2,000.0
                                             -------------------------------------------------------------------
    Subtotal--flight service programs.......         37,764.4         35,764.4         39,341.4         32,514.4
                                             ===================================================================
VOR/DME/TACAN network plan..................          1,000.0          4,700.0          1,000.0          4,700.0
Instrument landing system (ILS)--Establish/
 upgrade....................................          8,000.0         16,500.0         18,000.0  ...............
ILS--replace Mark 1A, 1B, and 1C............          2,100.0          2,100.0          2,100.0          2,100.0
Low level windshear alert system (LLWAS)....          3,000.0          3,000.0          3,000.0          3,000.0
Runway visual range (RVR)...................          2,000.0          2,000.0          2,000.0          2,000.0
Gulf of Mexico Offshore Program.............          2,400.0          2,400.0          2,400.0          2,400.0
Wide area augmentation system (WAAS)........         16,000.0  ...............  ...............  ...............
NDB sustain.................................          1,000.0          1,000.0          1,000.0          1,000.0
Navigational and landing aids--Improve......          2,761.8          2,000.0          8,761.8          2,761.8
Approach lighting system improvement (ALSIP)          1,000.0          6,000.0          2,500.0          5,000.0
Precision approach path indicators (PAPI)...  ...............          3,000.0  ...............          2,500.0
Distance measuring equipment................          1,200.0          1,200.0          1,200.0          1,200.0
Visual NAVAIDS..............................            400.0            400.0            400.0            400.0
Tactical landing systems....................  ...............  ...............          3,000.0          3,000.0
                                             -------------------------------------------------------------------
    Subtotal--landing and navigational aids.         40,861.8         44,300.0         45,361.8         30,061.8
                                             ===================================================================
Alaskan NAS interfacility comm system
 (ANICS)....................................          3,500.0          3,500.0          6,000.0          3,500.0
Fuel storage tank replacement and monitoring         10,600.0         10,600.0         10,600.0         10.600.0
FAA buildings and equipment--improve/
 modernize..................................          5,000.0          5,000.0          4,000.0          4,000.0
Electrical power systems--sustain/support...         20,400.0         20,400.0         15,000.0         17,500.0
Air NAVAIDS and ATC facilities (local
 projects)..................................          2,000.0          2,000.0          2,000.0          2,000.0
Aircraft related equipment program..........          3,900.0          3,900.0          2,000.0          2,000.0
Computer aided eng graphics (CAEG)
 replacement................................          1,000.0          1,000.0          1,000.0          1,000.0
                                             -------------------------------------------------------------------
    Subtotal--other ATC facilities..........         46,400.0         46,400.0         40,600.0         40,600.0
                                             ===================================================================
        Total activity 2....................        989,650.0        837,784.8        967,600.3        843,959.0
                                             ===================================================================
  Non-ATC facilities and equipment:
NAS Management Automation Program (NASMAP)..            800.0            800.0            800.0            800.0
Hazardous materials management..............         17,000.0         17,000.0         17,000.0         17,000.0
Aviation safety analysis system (ASAS)......         11,600.0         11,600.0         11,600.0         11,600.0
Operational data management system (ODMS)...          1,200.0          1,200.0          1,000.0          1,000.0
FAA employee housing--provide...............          8,000.0          8,000.0          8,000.0          8,000.0
Logistics support system and facilities.....          2,300.0          2,300.0          2,300.0          2,300.0
Test equipment--maintenance support.........            500.0            500.0            500.0            500.0
Integrated flight quality assurance.........          3,000.0          3,000.0          3,000.0          3,000.0
Safety performance analysis subsystem (SPAS)          3,500.0          3,500.0          3,500.0          3,500.0
National aviation safety data center........          1,800.0          1,800.0          1,800.0          1,800.0
Performance enhancement system..............          9,700.0          9,700.0          9,700.0          9,700.0
Explosive detection systems.................        100,000.0        100,000.0  ...............  ...............
Facility security risk management...........          1,000.0          1,000.0          1,000.0          1,000.0
Information security........................          2,000.0          7,000.0          2,000.0          4,000.0
                                             -------------------------------------------------------------------
    Subtotal--support equipment.............        162,400.0        167,400.0         62,200.0         64,200.0
                                             ===================================================================
Aeronautical center training and support
 facilities.................................         12,000.0         12,000.0         12,000.0         12,000.0
National airspace system (NAS) training
 facilities.................................            400.0            400.0            400.0            400.0
DSR training simulator (MARC)...............  ...............          4,000.0  ...............          4,000.0
                                             -------------------------------------------------------------------
    Subtotal--training equipment and
     facilities.............................         12,400.0         16,400.0         12,400.0         16,400.0
                                             ===================================================================
        Total activity 3....................        174,800.0        183,800.0         74,600.0         80,600.0
                                             ===================================================================
  Mission support:
System engineering and development support..         29,800.0         29,800.0         28,960.0         28,960.0
Program support leases......................         29,100.0         29,100.0         27,500.0         27,500.0
Logistics support services..................          5,600.0          5,600.0          5,600.0          5,600.0
Mike Monroney Aeronautical Center--lease....         14,800.0         14.800.0         14.800.0         14.800.0
In-plant NAS contract support services......          2,000.0          2,000.0          2,000.0          2,000.0
Transition engineering support..............         41,800.0         41,800.0         41,800.0         41,800.0
Frequency and spectrum engineering--provide.          2,700.0          2,700.0          1,500.0          1,500.0
Permanent change of station moves...........          3,500.0          3,500.0          2,500.0          2,500.0
FAA system architecture.....................          1,000.0          1,000.0          2,000.0          1,000.0
Technical services support contract (TSSC)..         47,550.0         47,550.0         47,550.0         47,550.0
Resource tracking program...................            500.0          1,000.0            500.0            500.0
Center for advanced aviation system dev.
 (MITRE)....................................         57,000.0         64,093.2         57,000.0         57,000.0
Y2K computer issues.........................         36,000.0         21,600.0         36,000.0         25,000.0
Support contracts--general..................         -1,500.0         -1,500.0  ...............         -1,500.0
NAS modernization integration...............  ...............  ...............          8,000.0  ...............
                                             -------------------------------------------------------------------
    Total activity 4........................        269,850.0        263.043.2        275,710.0        254,210.0
                                             ===================================================================
  Personnel and related expenses:
Personnel and related expenses..............        233,210.0        250,650.0        235.000.0        248,000.0
                                             -------------------------------------------------------------------
    Total activity 5........................        233,210.0        250,550.0        235.000.0        248,000.0
                                             ===================================================================
        Total...............................      2,130,000.0      2,000,000.0      2,044,683.3      1,900,000.0
----------------------------------------------------------------------------------------------------------------

      Advanced technology development and prototyping.--The 
conference agreement includes $52,566,000 for advanced 
technology development and prototyping, to be distributed as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Project                    Budget estimate     House bill      Senate bill       agreement
----------------------------------------------------------------------------------------------------------------
  Capacity and ATM technology:
    Air traffic management technology.......        3,287,000        3,287,000        3,287,000        3,287,000
    Oceanic automation program..............        3,237,000        3,237,000        3,237,000        3,237,000
    Runway incursion reduction..............        3,168,000        3,168,000        9,168,000        3,168,000
    System capacity, planning & imps........        4,044,000        4,044,000        7,000,000        3,000,000
    Cockpit technology......................        1,642,000        1,642,000        1,000,000        1,000,000
    General aviation/vertical flt tech......        2,902,000        2,902,000        2,902,000        2,902,000
    Flight 2000.............................       90,000,000  ...............  ...............  ...............
    Operations concept validation...........        6,818,000        6,818,000        6,818,000        6,818,000
    Software engineering R&D................        1,605,000        1,605,000        1,000,000        1,000,000
  Communications, navigation and
 surveillance:
    Communications..........................        5,869,000        5,869,000        5,869,000        5,869,000
    Navigation..............................        8,995,000        8,995,000        8,995,000       12,995,000
    Surveillance............................        4,290,000        4,290,000        4,290,000        4,290,000
Airport Technology:
    Airport technology......................        7,383,000        7,215,000        5,000,000        5,000,000
                                             -------------------------------------------------------------------
      Total.................................      143,240,000       53,072,000       58,566,000       52,566,000
----------------------------------------------------------------------------------------------------------------

      Navigation.--The conference agreement includes $8,995,000 
as requested by the administration and $4,000,000 for low-cost, 
next generation precision gyroscope technology proposed by the 
Senate.
      Aeronautical datalink applications.--The conference 
agreement provides $39,000,000 for development of aeronautical 
datalink applications. This includes $23,000,000 as requested 
by the administration, $11,000,000 for the Capstone Initiative 
in the State of Alaska, and $5,000,000 for prototype testing 
and demonstration of automatic dependent surveillance--
broadcast (ADS-B) systems involving the use of cargo aircraft 
in the Ohio Valley.
      Host replacement.--The conferees agree to provide 
$20,000,000 for replacement of the host computer system. The 
conference agreement assumes that, if necessary, the balance of 
the $72,000,000 required can be made available by the Office of 
Management and Budget from emergency supplemental funds for 
Year 2000 (Y2K) programs. If these funds are not forthcoming 
from OMB, the conferees expect FAA to submit a reprogramming 
request for any additional funding needs. Since submission of 
the budget request in January 1998, the FAA has concluded that 
the host computer system is no longer expected to be vulnerable 
to year 2000 problems.
      Runway incursion reduction.--The conference agreement 
provides the $3,168,000 requested by the administration and 
included in the House bill, instead of $9,168,000 as proposed 
by the Senate. The conferees are concerned that the FAA move 
expeditiously to develop and deploy advanced technologies to 
prevent runway incursions. For this reason, the conferees 
direct the FAA to give funding priority to advancing runway 
incursion technologies to the pre-production phase.
      Next generation navigation systems.--The conference 
agreement provides $92,000,000 for next generation navigation 
systems, which includes $85,000,000 for further development of 
the GPS wide area augmentation system (WAAS) and $7,000,000 for 
further development of the LORAN-C navigation system. The FAA 
is directed not to reprogram any of the LORAN-C funding to the 
WAAS program. Further discussion of the conference agreement on 
WAAS is provided in an earlier section of this report.
      Next generation landing systems.--The conference 
agreement provides $34,175,000 for next generation landing 
systems, to be distributed as follows:
        Project                                                   Amount
LAAS research & development.............................      $6,500,000
LAAS telecommunications costs...........................         675,000
Instrument landing systems (ILS)........................      24,000,000
Transponder landing systems (TLS).......................       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................      34,175,000

      Instrument landing systems.--Funding provided for 
instrument landing systems (ILS) shall be distributed as 
follows:
        Project                                                   Amount
Installation of previously procured systems.............      $7,800,000
Fresno, CA: upgrade cat I to cat II.....................       3,000,000
Stanly County, NC: obstruction zone.....................       1,000,000
Everett-Stewart, TN: ILS & DME..........................         200,000
Zanesville, OH: ILS.....................................         300,000
March Airfield, CA: upgrade cat I to II.................       3,700,000
Burlington Alamance, NC.................................       1,750,000
North Las Vegas, NV.....................................         500,000
McCarran International, NV..............................       1,000,000
Bessemer Airport, AL....................................       1,750,000
Clovis Airport, NM......................................         500,000
Olive Branch Airport, MS................................       1,500,000
Hays Municipal Airport, KS..............................         500,000
Stennis International Airport, MS.......................         500,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................      24,000,000

      Transponder landing systems.--The conference agreement 
provides $3,000,000 for transponder landing systems (TLS) as 
proposed by the Senate instead of $5,000,000 as proposed by the 
House. The FAA should give priority consideration to those 
locations cited in the Senate report and also to Central 
Wisconsin Airport in Mosinee, Wisconsin.
      Volcano monitor.--The conferees agree to provide 
$2,000,000 for this program as proposed by the Senate.
      ANICS.--The conference agreement provides $3,500,000 for 
the ANICS program. The FAA is directed to explore alternative 
means of providing the phase II capabilities of the ANICS 
program prior to the obligation of any fiscal year 1999 
funding. If more cost effective means of realizing the same 
capabilities as envisioned in phase II exist, the conferees 
will consider a reprogramming of the funds. The FAA should 
report to the House and Senate Committees on Appropriations 
about alternatives to FAA construction and ownership of phase 
II ANICS facilities by March 31, 1999 and should not obligate 
any additional funding for phase II prior to consultation with 
the House and Senate Appropriations Committees after delivering 
the report.
      Terminal air traffic control facilities replacement.--The 
conference agreement includes $63,625,000 for replacement of 
air traffic control towers and other terminal facilities. The 
agreement includes the following adjustments to the budget 
estimate:
        Location                                                  Amount
Port Columbus, OH.......................................       +$700,000
LaGuardia, NY...........................................     -10,000,000
Lambert-St. Louis, MO...................................      +1,900,000
Paine Field, WA.........................................      +1,000,000
Logan International, MT.................................      +1,000,000
North Las Vegas, NV.....................................      +1,000,000

      In addition, the agreement deletes $14,275,000 in 
requested funding for a tower which received a similar amount 
of funds in fiscal year 1998. These funds are no longer 
necessary at that location during fiscal year 1999.
      The conferees do not agree to Senate language requiring 
FAA to initiate replacement of the control tower at Martin 
State Airport in Maryland.
      Terminal digital radar.--The conferees do not agree with 
Senate direction requiring site surveys for the terminal 
digital radar (ASR-11). Instead, the conferees direct FAA to 
submit a report to the House and Senate Committees on 
Appropriations no later than January 31, 1999, demonstrating 
the requirements and benefit-cost ratios for each of the sites 
listed in the Senate report and proposing a schedule for the 
site surveys for those sites meeting the benefit-cost 
threshold.
      Advanced surface observing system.--The conference 
agreement includes $9,900,000 for this program as proposed by 
the House instead of $20,977,000 as proposed by the Senate. 
These funds were included in the budget request, and are only 
for the commissioning of previously-acquired systems, not to 
acquire new systems.
      Visual navigation aids.--The conference agreement 
includes $2,000,000 for preliminary work necessary for the 
installation of two localizer directional aids and a precision 
runway monitor at Newark International Airport, as proposed by 
the Senate.
      Air traffic management.--The conference agreement concurs 
in the directive of the Senate regarding the installation of 
the passive final approach spacing tool (FAST) at the New York 
TRACON.
      Aircraft-related equipment.--The conferees are aware that 
the Federal Emergency Management Agency (FEMA) utilizes FAA 
aircraft in the execution of the FEMA mission. In several 
instances, the aircraft in the FAA inventory lack landing gear 
equipment that would allow the aircraft to land at smaller 
fields. The FAA should report to the House and Senate 
Committees on Appropriations by January 31, 1999 on landing 
gear and communication systems modifications which would 
enhance the ability of FAA aircraft to execute FEMA, NASA, and 
FAA missions.
      Explosive detection systems.--The conference agreement 
includes no funding for explosive detection systems. The House 
bill contained $100,000,000 to continue this program. The 
Senate bill deleted funding, but made such programs eligible 
for grants under the Airport Improvement Program. The Senate 
received correspondence from the Vice President on September 
15, 1998 which stated: ``The terrorist attacks against our 
embassies in Kenya and Tanzania remind us of the global nature 
of terrorism . . . These events provide strong evidence of the 
need to recognize aviation security as a national security 
issue and to provide substantial federal funds for aviation 
security improvements as a major element of our overall 
national security counterintelligence policy''. Consistent with 
this view, the conferees believe these activities are more 
appropriate to be funded in the diplomatic security 
supplemental. The conferees assume that $100,000,000 will be 
provided for airport security systems in that Act.
      Y2K computer issues.--The conference agreement provides 
$25,000,000 for resolution of Year 2000 (Y2K) computer issues, 
instead of $21,600,000 as proposed by the House and $36,000,000 
as proposed by the Senate. The conference agreement also 
assumes that additional funding will be made available by the 
Office of Management and Budget from emergency supplemental 
funding. If those funds are not forthcoming from OMB, the FAA 
should submit a reprogramming request for any additional 
required funding.
      Personnel and related expenses.--The conference agreement 
provides $248,000,000, including the transfer of $17,440,000 in 
acquisition staffing from the ``Operations'' appropriation as 
proposed by the House.

                 Research, Engineering, and Development

                    (Airport and Airway Trust Fund)

      The conference agreement provides $150,000,000 for FAA 
research, engineering, and development instead of $145,000,000 
as proposed by the House and $173,627,000 as proposed by the 
Senate.
      The following table shows the distribution of funds in 
the House and Senate bills and the conference agreement:

                           RESEARCH, ENGINEERING, AND DEVELOPMENT--CONFERENCE AGREEMENT
                                               [Fiscal Year 1999]
----------------------------------------------------------------------------------------------------------------
                                                      Budget        Fiscal Year     Fiscal Year     Conference
                  Program name                       estimate       1999 House      1999 Senate      agreement
----------------------------------------------------------------------------------------------------------------
System Development and Infrastructure...........      16,768,000      12,775,000      15,784,000      15,784,000
    System planning & resource management.......       2,148,000       1,164,000       1,164,000       1,164,000
    Technical laboratory facility...............       9,730,000       6,721,000        9,730,00       9,730,000
    Center for Advanced Aviation System
     Development................................       4,890,000       4,890,000       4,890,000       4,890,000
Capacity and Air Traffic Management Technology..     116,703,000               0      11,902,000               0
    Air traffic management technology...........       3,287,000               0               0               0
    Oceanic automation program..................       3,237,000               0               0               0
    Runway incursion reduction..................       3,168,000               0               0               0
    System capacity, planning and improvements..       4,044,000               0       7,000,000               0
    Cockpit technology..........................       1,642,000               0       1,000,000               0
    General aviation/vertical flight technology.       2,902,000               0       2,902,000               0
    Flight 2000.................................      90,000,000               0               0               0
    Operations concept validation...............       6,818,000               0               0               0
    Software engineering R&D....................       1,605,000               0       1,000,000               0
Communications, Navigation & Surveillance.......      19,154,000               0               0               0
    Communications..............................       5,869,000               0               0               0
    Navigation..................................       8,995,000               0               0
    Surveillance................................       4,290,000               0               0               0
Weather.........................................      12,284,000      15,284,000      19,284,000      18,684,000
Airport Technology..............................       7,383,000       7,215,000               0               0
Aircraft Safety Technology......................      34,886,000      34,886,000      46,114,000      34,886,000
    Aircraft systems fire safety................       4,750,000       4,750,000       4,750,000       4,750,000
    Advanced materials/structural safety........       1,734,000       1,734,000       1,734,000       1,734,000
    Propulsion and fuel systems.................       2,831,000       2,831,000       5,000,000       2,831,000
    Flight safety/atmospheric hazards research..       2,619,000       2,619,000       2,619,000       2,619,000
    Aging aircraft..............................      14,694,000      14,694,000      21,540,000      14,694,000
    Aircraft catastrophic failure prevention
     research...................................       1,787,000       1,787,000       4,000,000       1,787,000
    Aviation safety risk analysis...............       6,471,000       6,471,000       6,471,000       6,471,000
System Security Technology......................      54,872,000      44,225,000      53,423,000      51,690,000
    Explosives and weapons detection............      39,545,000      34,200,000      42,200,000      41,700,000
    Airport security technology integration.....       5,396,000       2,485,000       3,941,000       2,708,000
    Aviation security human factors.............       5,282,000       5,540,000       5,282,000       5,282,000
    Aircraft hardening..........................       4,649,000       2,000,000       2,000,000       2,000,000
Human Factors & Aviation Medicine...............      22,229,000      26,615,000      22,229,000      25,065,000
    Flight deck/maintenance/system integration
     human factors..............................       9,903,000      12,550,000       9,903,000      11,000,000
    Air traffic control/airway facilities human
     factors....................................       8,297,000      10,000,000       8,297,000      10,000,000
    Aeromedical research........................       4,029,000       4,065,000       4,029,000       4,065,000
Environment and Energy..........................       3,391,000       3,000,000       2,891,000       2,891,000
Innovative/Cooperative Research.................       2,330,000       1,000,000       2,000,000       1,000,000
                                                 ---------------------------------------------------------------
        Total appropriation.....................     290,000,000     145,000,000     173,627,000     150,000,000
----------------------------------------------------------------------------------------------------------------

      Weather research.--The conferees agree to provide 
$18,684,000 for aviation weather research instead of 
$15,284,000 as proposed by the House and $19,284,000 as 
proposed by the Senate. The conferees direct that, of these 
funds, $9,118,000 is available for the national laboratory 
program, $3,000,000 is available to continue Project Socrates, 
and $3,600,000 is to continue the turbulence and windshear 
reseach project at Juneau, Alaska. The conferees also agree 
with the proposal of the House to create a weather research 
integrated product team under the FAA's communications, 
navigation, and surveillance organization.
      Explosives and weapons detection.--The conference 
agreement includes $41,700,000 instead of $34,200,000 as 
proposed by the House and $42,200,000 as proposed by the 
Senate. Of this amount, $2,500,000 is for development of the 
pulsed fast neutron analysis (PFNA) cargo inspection system; 
$4,500,000 is for pulsed fast neutron transmission 
spectroscopy; and $500,000 is for research and development of 
explosives and chemical or biological agents currently being 
conducted by the Institute of Biological Detection Systems.
      Human factors research.--The conferees agree with the 
proposal of the House to allocate $1,000,000 for an agency-wide 
comprehensive survey of air traffic controller personnel to 
evaluate the effects of fatigue, and up to $703,000 to continue 
and expand the work done at the Civil Aeromedical Institute 
regarding fatigue in the controller workforce.
      Aging aircraft.--The conference agreement provides 
$14,694,000 for this program as proposed by the House instead 
of $21,540,000 as proposed by the Senate. The conferees do not 
agree with Senate direction to allocate a specific amount for 
the engine titanium inspection project, but do agree with the 
Senate's direction requiring FAA to assess options regarding 
the replacement or rehabilitation of the existing hanger for 
the Aging Aircraft Nondestructive Inspection Validation Center.
      Blended winglet technology.--The conferees encourage the 
FAA to support flight testing of winglet technology. Blended 
winglet technology involves a special series of patented 
devices called blended winglets and spiroids. These relatively 
low cost devices can essentially be bolted onto the wingtips. A 
series of tests using this new type of winglet on two very 
different airplanes, including the newest large airliner, has 
shown a substantial gain in cruise and climb performance 
without adversely affecting controllability. Fuel consumption 
was also reduced by an average of seven percent during these 
flight tests. Preliminary tests show that the wake turbulence 
behind an aircraft may be reduced considerably by blended 
winglets, perhaps enough to safely reduce the spacing of 
aircraft. This could lead to significant enhancement in the 
ability of an airport to handle increased takeoffs and 
landings. The implications of this technology on system 
capacity could be considerable. Much more work is needed to 
evaluate the overall implications of this development.

                       Grants-in-Aid for Airports

                (Liquidation of Contract Authorization)

                    (Airport and Airway Trust Fund)

      The conference agreement includes a liquidating cash 
appropriation of $1,600,000,000, as proposed by the House and 
the Senate.
      Obligation limitation.--The conferees agree to an 
obligation limitation of $1,950,000,000 for the ``Grants-in-aid 
for airports'' program instead of $1,800,000,000 as proposed by 
the House and $2,100,000,000 as proposed by the Senate.
      Caps on individual formula programs.--The conference 
agreement deletes the limitations on the noise planning and 
mitigation program and the military airport program proposed by 
the Senate. The conferees hope that the current imbalance will 
be addressed by the legislative committees of jurisdiction in 
the AIP reauthorization bill.
      Discretionary grants award process.--Between November 
1997 and May 1998, the General Accounting Office (GAO) issued 
two reports which raised questions about the project selection 
process for discretionary highway projects. The conferees 
direct the GAO to conduct a similar analysis for AIP 
discretionary grant awards over fiscal years 1996 through 1998, 
excluding awards made pursuant to letters of intent signed 
before that timeframe.
      Regional airport.--The conference agreement directs the 
FAA to study the feasibility of establishing a gulf coast 
regional airport, working with the University of South Alabama 
for the research, the necessary demographic projections, and an 
assessment of the economic impact.
      Priority consideration.--The conferees agree that the FAA 
should give priority consideration to grant applications for 
the projects listed in the House or Senate reports, or in this 
statement of the managers, in the categories of discretionary 
grants for which they are eligible. In addition to those 
airports and projects listed in the House and Senate reports, 
the conferees agree to the following:
      Cleveland Hopkins International Airport, OH.--The 
conferees do not agree with the House language to give priority 
consideration for site and engineering studies for a proposed 
runway expansion at the Cleveland Hopkins International Airport 
in Ohio. Rather, the conferees agree that priority 
consideration should be given to a request for discretionary 
funding for site and engineering studies at this airport.
      Greater St. Tammany Regional Airport, LA.--The conferees 
agree that the FAA should give priority consideration to 
capital development projects at Greater St. Tammany Regional 
Airport in Abita Springs, Louisiana.
      New Orleans International Airport, LA.--The conferees 
concur in the House language regarding major capacity 
enhancement projects and priority consideration to the purchase 
of property in priority six as part of the noise mitigation 
buyout program at this airport. The conferees expect the FAA to 
allow the use, as a first priority, of a navigational easement 
as a voluntary option to residents as an alternative to 
soundproofing. The conferees direct that, except for safety 
reasons, the FAA shall enforce compliance with existing, 
informal noise policies, to ensure noise abatement over the 
City of Kenner during late evening and early morning hours.
      Letters of intent.--The conferees urge the FAA to award 
letters of intent for multiyear capital projects at the 
following airports:
      Location: Salt Lake City International, UT; Orlando 
International, FL; New Orleans International, LA; Southwest 
Florida International, FL; and Miami International, FL.
      Southwest Florida International Airport, FL.--The 
conferees commend the FAA for initiating funding for the 
expansion program at Southwest Florida International Airport. 
The airport continues to exceed all passenger projections and 
is the third-fastest growing airport in terms of passengers, 
according to the FAA. The conferees understand that an 
application for multiyear funding is pending for capital 
expansion of this airport. The conferees urge the FAA to give 
priority consideration to awarding a letter of intent for this 
project.

                   aviation insurance revolving fund

      The conference agreement includes language authorizing 
the expenditure of funds for aviation insurance activities as 
proposed in the House and Senate bills. This legislative 
language has been carried in appropriations Acts for many 
years, and is expected to result in no budget authority or 
outlays during fiscal year 1999.

                aircraft purchase loan guarantee program

      The conference agreement prohibits funds in this Act from 
being used for the Aircraft Purchase Loan Guarantee Program 
during fiscal year 1999, as proposed by both the House and 
Senate.

                 administrative services franchise fund

      The conference agreement deletes a limitation proposed by 
the House which would have terminated operations of FAA's 
administrative services franchise fund in fiscal year 1999. The 
conferees will continue to monitor the management of this 
activity to help achieve cost savings wherever possible.

                     FEDERAL HIGHWAY ADMINISTRATION

                Limitation on General Operating Expenses

      The conference agreement limits general operating 
expenses of the Federal Highway Administration (FHWA) to 
$327,413,000, instead of $318,733,000 as proposed by the House 
and $320,413,000 as proposed by the Senate.
      The recommended distribution by program and activity of 
the funding provided for general operating expenses is as 
follows:

FHWA administrative expenses (excluding OMC)............    $267,038,000
        National Parks transportation needs study.......       2,000,000
        Advanced vehicle technology consortia program...       5,000,000
            Subtotal, FHWA administrative expenses......     274,038,000
Motor carrier administrative expenses...................      53,375,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................     327,413,000

      Office of Motor Carriers.--Within the funds provided for 
the administrative expenses of the office of motor carriers, 
the conference agreement provides $375,000 for Operation 
Respond. These funds are intended to increase the efficiency of 
and ensure greater safety for law enforcement officers, 
firefighters, and emergency medical personnel responding to 
hazardous materials incidents and passenger rail accidents.
      Transportation needs in the national parks.--The 
conference agreement includes $2,000,000 to carry out section 
3039 of the Transportation Equity Act for the 21st Century 
(TEA21). Within the funds provided, the Secretary is directed 
to undertake a comprehensive study of alternative 
transportation needs in the national parks and related public 
lands managed by federal land management agencies, and to 
implement activities and contracts associated with the 
memorandum of understanding between the departments of Interior 
and Transportation. FHWA and the Federal Transit Administration 
shall review the transportation alternatives considered by the 
National Park Service in the Grand Canyon and Yosemite national 
parks to determine if all necessary and appropriate 
transportation planning, development, environmental and 
alternative analyses have been conducted to support the 
alternatives selected by the National Park Service. The results 
of the assessment are to be provided to the House and Senate 
Committees on Appropriations by April 1, 1999.
      Administrative expenses for the Appalachian Regional 
Commission.--The conference agreement does not provide 
additional resources for administrative expenses associated 
with the Appalachian development highway system program. Should 
additional funding requirements occur in fiscal year 1999, the 
FHWA may be permitted to transfer from the FHWA's 
administrative takedown authorized by section 104(a) of title 
23 after justification of those requirements and approval by 
the House and Senate Committees on Appropriations.
      Audit cost reimbursement.--The conference agreement 
provides $750,000 for Inspector General audit cost 
reimbursements. These funds are to be transferred from the 
FHWA's administrative takedown as authorized under section 
104(a) of title 23 to the Office of Inspector General.
      Advanced vehicle technology consortia program.--The 
conference agreement includes $5,000,000 for the advanced 
vehicle technology consortia program. The House bill included 
an appropriation within the Research and Special Programs 
Administration. No similar appropriation was included in the 
Senate bill. These funds shall be available to support a 
public/private partnership to design, develop, and deploy 
alternative fuel and propulsion systems focusing on medium and 
heavy vehicles.

                 limitation on transportation research

      The conference agreement deletes the limitation on 
transportation research of $409,150,000 proposed by the House. 
The Senate bill contained no similar limitation under this 
heading. Funding for transportation research programs and 
activities is included within the overall limitation on 
federal-aid highways, as proposed by the Senate.

                 appalachian development highway system

      The conference agreement deletes the appropriation of 
$200,000,000 for Appalachian development highway system 
proposed by the Senate. The House bill contained no similar 
appropriation.

                          Federal-Aid Highways

                      (limitation on obligations)

                          (highway trust fund)

      The conference agreement limits obligations for the 
federal-aid highways program to $25,511,000,000 as proposed by 
both the House and Senate. The conference agreement also 
includes the following limitations within the overall 
limitation on obligations for the federal-aid highways program 
as proposed by the Senate: $200,000,000 for intelligent 
transportation systems; $178,150,000 for transportation 
research; $38,000,000 for the ferry boat and ferry terminal 
facility program; $15,000,000 for the magnetic levitation 
transportation technology deployment program; and $31,000,000 
for the Bureau of Transportation Statistics. The House bill 
contained no similar sub-limitations. The conference agreement 
deletes the provision proposed by the Senate providing $700,000 
for the United States Army Corps of Engineers to study rural 
access issues in Alaska and $1,500,000 for improvements to the 
Crooked Creek access road in the Charles M. Russell National 
Wildlife Refuge, Montana, from funds provided in fiscal year 
1999 for refuge roads. The House bill contained no similar 
provision. The conference agreement addresses these set-asides 
under the federal lands highway program.
      The conference agreement includes a provision proposed by 
the Senate that transfers $4,000,000 of the amounts made 
available as contract authority under section 1221(e) of Public 
Law 105-178 to carry out section 5113 of that Act, relating to 
commercial remote sensing products and spatial information 
technologies. The House bill contained no similar provision.

                    SURFACE TRANSPORTATION RESEARCH

      Within the funds provided for surface transportation 
research, the conference agreement includes $65,000,000 for 
highway research and development for the following activities:

Safety..................................................     $12,535,000
Pavements...............................................      13,150,000
Structures..............................................      16,100,000
Environment.............................................       5,300,000
Real estate services....................................         365,000
Policy..................................................       5,400,000
Planning................................................       4,000,000
Motor carrier...........................................       6,400,000
Advanced research.......................................       1,000,000
Highway operations......................................         750,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................      65,000,000

      Within the funds provided for highway research and 
development, the FHWA is encouraged to provide sufficient 
resources to continue the air quality study in southern 
California and to support ongoing university intelligent 
transportation systems research.
      Safety.--Within the funds provided for safety, the FHWA 
is encouraged to support efforts to educate new drivers on the 
dangers of road construction work zones by developing 
appropriate driver training programs.
      Pavements.--Within the funds provided for pavements, the 
FHWA is encouraged to support research into geosynthetic 
material, the use of polymer additives for pavements, lithium-
based technologies, and composite bridge systems. The FHWA is 
also encouraged to develop second generation composite bridge 
deck systems and technologies that may lead to better-
constructed and longer-lasting pavements. In addition, the 
Administrator of the FHWA is encouraged to evaluate and promote 
the benefits of using silica fume high performance concrete and 
to report on such findings to the House and Senate Committees 
on Appropriations not later than September 30, 2001.
      Structures.--Within the funds provided for structures, 
the FHWA is encouraged to explore new technologies in advanced 
composite materials, including wood composites, and to support 
research into high performance materials; bridge systems; the 
cleaning of existing structures of paints and other coatings or 
corrosion and the application of metal coatings to cleaned 
structures; and appraisals of nondestructive evaluations of 
bridges.
      Unique opportunities exist at this time to conduct 
research and detailed analyses into load capacities of 
deteriorated bridge structures, seismic retrofitting, and new 
nondestructive evaluation techniques, as extensive interstate 
reconstruction projects are planned and underway, particularly 
in the state of Utah. FHWA is encouraged to work with 
appropriate federal, state and local officials to make use of 
these unique research opportunities while major interstate 
projects are under construction.
      Environment.--Within the funds provided for environment 
research, the FHWA is encouraged to support regional noise 
level and air studies.
      Policy.--Sufficient funds are provided for policy 
research to support ongoing activities associated with the 
national personal transportation survey. Within the funds 
provided for policy research, the FHWA is encouraged to report 
to the House and Senate Committees on Appropriations not later 
than March 31, 1999, on the viability of existing fuel tagging 
technologies developed through research at the national energy 
laboratories.
      Planning.--Within the funds provided for planning 
research, sufficient funds are provided to modify the 
transportation simulation model for intelligent transportation 
purposes. None of the funds made available in the surface 
transportation research subaccount shall be used to conduct 
research related to sustainability and its role in 
transportation planning. The conferees assert that contract 
funds provided under section 1221 of TEA21 can be used to 
support research pertaining to the role of transportation in 
community and system preservation, including research on the 
interface between transportation and sustainability, and are 
sufficient to support research in community preservation and 
sustainability.
      Motor carrier.--The conference agreement provides 
$6,400,000 for motor carrier research. The office of motor 
carriers is directed to report to the House and Senate 
Committees on Appropriations not later than December 1, 1998, 
documenting the potential safety advantages of a federal rule 
to require a uniform national display policy for inspection 
stickers on commercial motor vehicles.
      Technology and assessment.--Within the funds provided for 
technology assessment and deployment activities, the FHWA is 
encouraged to support university transportation management 
programs. Sufficient funds are included for key safety 
initiatives, as requested in the budget.

                   intelligent transportation systems

      The conference agreement provides a total of $200,000,000 
for intelligent transportation systems (ITS), of which 
$105,000,000 is available for ITS deployment and $95,000,000 
for ITS research and development. Within the funds made 
available for intelligent transportation systems, the 
conference agreement provides that not less than the following 
sums shall be available for intelligent transportation projects 
in these specified areas:

Amherst, Massachusetts..................................      $1,000,000
Arlington County, Virginia..............................         750,000
Atlanta, Georgia........................................       2,000,000
Brandon, Vermont........................................         375,000
Buffalo, New York.......................................         500,000
Centre Valley, Pennsylvania.............................         500,000
Cleveland, Ohio.........................................       1,000,000
Columbus, Ohio..........................................       1,000,000
Corpus Christi, Texas...................................         900,000
Dade County, Florida....................................       1,000,000
Del Rio, Texas..........................................       1,000,000
Delaware River, Pennsylvania............................       1,000,000
Fairfield, California...................................       1,000,000
Fitchburg, Massachusetts................................         500,000
Greater metropolitan capital region, DC.................       5,000,000
Hammond, Louisiana......................................       4,000,000
Houston, Texas..........................................       2,000,000
Huntington Beach, California............................       1,000,000
Huntsville, Alabama.....................................       1,000,000
Inglewood, California...................................       1,500,000
Jackson, Mississippi....................................       1,000,000
Kansas City, Missouri...................................         500,000
Laredo, Texas...........................................       1,000,000
Middlesboro, Kentucky...................................       3,000,000
Mission Viejo, California...............................       1,000,000
Mobile, Alabama.........................................       2,500,000
Monroe County, New York.................................         400,000
Montgomery, Alabama.....................................       1,250,000
Nashville, Tennessee....................................         500,000
New Orleans, Louisiana..................................       1,500,000
New York City, New York.................................       2,500,000
New York/Long Island, New York..........................       2,300,000
Oakland County, Michigan................................       1,000,000
Onandaga County, New York...............................         400,000
Port Angeles, Washington................................         500,000
Raleigh-Wake County, North Carolina.....................       2,000,000
Riverside, California...................................       1,000,000
San Francisco, California...............................       1,500,000
Scranton, Pennsylvania..................................       1,000,000
Silicon Valley, California..............................       1,500,000
Spokane, Washington.....................................         450,000
Springfield, Virginia...................................         500,000
St. Louis, Missouri.....................................         750,000
State of Alaska.........................................       1,500,000
State of Idaho..........................................       1,000,000
State of Maryland.......................................       2,500,000
State of Minnesota......................................       7,100,000
State of Mississippi....................................       1,000,000
State of Missouri.......................................         500,000
State of Montana........................................         700,000
State of Nevada.........................................         575,000
State of New Jersey.....................................       3,000,000
State of New Mexico.....................................       1,000,000
State of New York.......................................       2,500,000
State of North Dakota...................................       1,450,000
Commonwealth of Pennsylvania............................      14,000,000
State of Texas..........................................       1,000,000
State of Utah...........................................       3,600,000
State of Washington.....................................       2,000,000
State of Wisconsin......................................       1,500,000
Temucula, California....................................         250,000
Tucson, Arizona.........................................       1,000,000
Volusia County, Florida.................................       1,000,000
Warren County, Virginia.................................         250,000
Wausau-Stevens Point-Wisconsin Rapids, Wisconsin........       1,000,000
Westchester and Putnam Counties, New York...............         500,000
White Plains, New York..................................       1,000,000

      Projects selected for funding shall contribute to the 
integration and interoperability of intelligent transportation 
systems, consistent with the criteria set forth in TEA21.
      The conference agreement provides $95,000,000 for 
intelligent transportation systems (ITS) research and 
development activities, to be distributed by activity as 
follows:

Research and development................................     $38,000,000
Operational tests.......................................      17,000,000
Evaluation..............................................       6,500,000
Architecture and standards..............................      18,000,000
Mainstreaming...........................................       6,000,000
Program support.........................................       9,500,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total...........................................      95,000,000

      Research and development.--The conference agreement 
supports the plans of the department to allocate most of the 
IVI funds to advance crash avoidance technologies that promote 
the safety of passenger vehicles. Consistent with that 
objective, the department is encouraged to complete performance 
criteria and safety evaluations of various crash avoidance 
technologies for passenger vehicles, to conduct various 
operational tests in passenger vehicles, and to advance human 
factors research related to the interactions of multiple crash 
avoidance technologies installed in passenger vehicles. The 
department is encouraged not to dilute funds reserved for the 
IVI among lower priority objectives, especially those that 
offer minimal potential safety benefits. Before June 1, 1999, 
the Director of the Joint Program Office shall submit to the 
House and Senate Committees on Appropriations a five-year 
agenda outlining the future direction and projected timelines 
for IVI research and testing, paying particular attention to 
delineating activities regarding the light vehicle platform.
      The Administrator and the Director of the JPO are 
encouraged to work with George Washington University and 
Louisiana State University in its research into crash avoidance 
and to utilize the strengths of the University of Alabama's 
Transportation Research Institute in carrying out ITS and other 
highway research.
      Operational tests.--Within the funding provided for ITS 
operational tests, the conference agreement includes ample 
funds for operational testing of intelligent passenger 
vehicles, and limited funds for IVI work on commercial 
vehicles.
      Evaluation.--Within the funding provided for ITS 
evaluations, the conference agreement includes limited funds 
for policy assessments.
      The Joint Program Office (JPO) is directed to have final 
budgetary authority over the allocation of ITS funds among the 
various modes and projects and not less than seventeen 
positions are to be allocated to the JPO in fiscal year 1999.
      National advanced driving simulator.--Within the funds 
provided for ITS research and development and other surface 
transportation research contract authority programs, sufficient 
funds are included for ongoing activities of the national 
advanced driving simulator.
      Reprogramming guidelines.--The FHWA is fully expected to 
adhere to the funding allocations provided in this Act for 
specific surface transportation research activities, such as 
highway research and development and intelligent transportation 
systems activities. Any deviations from the allocations 
provided in this Act shall be consistent with the established 
reprogramming guidelines and may require the approval of the 
House and Senate Committees on Appropriations before execution.

                      DISCRETIONARY GRANT PROGRAMS

      The conference agreement deletes the Senate references of 
priority designations and set-asides within the Federal Highway 
Administration's discretionary grant programs and the Bureau of 
Transportation Statistics, except as specifically provided in 
this conference report.

           magnetic levitation technology deployment program

      The conference agreement provides $15,000,000 for the 
magnetic levitation technology deployment program, of which not 
more than $500,000 shall be available to the Federal Railroad 
Administration for administrative expenses and technical 
assistance. Within the funds made available under this heading, 
the conference agreement provides $5,000,000 for a high-speed 
intercity magnetic levitation project between Philadelphia and 
Pittsburgh, Pennsylvania and $2,000,000 for a magnetic 
levitation project in Blacksburg, Virginia. Funding allocated 
to the Blacksburg project shall be conditioned upon the 
financial participation of the Commonwealth of Virginia.

                         federal lands program

      Funds provided for the federal lands program in fiscal 
year 1999 shall be available for the following activities:

Improvements to roadways on the Kenai Peninsula, Alaska.      $3,500,000
Restoration of the Columbia River Highway in Oregon.....         500,000
Highway improvements in Hanalei National Wildlife 
    Refuge, Haleakala and Hawaii National Parks.........       3,000,000
Lake Camp Road, Valley Road, and Beaver Pond Terrace 
    Road, near the Brooks River area, Alaska............       1,000,000
U.S. Army Corps of Engineers study of rural access in 
    Alaska..............................................         700,000
Charles M. Russell National Wildlife Refuge, Montana....       1,000,000
Construction of Highway 323 between Alzada and Ekalaka, 
    Montana.............................................       2,000,000
Glacier National Park, Going-to-the-Sun Road engineering 
    study, Montana......................................       1,000,000
Routes 25 and 58, Cumberland Gap National Park..........       3,000,000
Route 80, Daniel Boone National Forest..................       2,000,000
Baltimore-Washington Parkway............................       4,000,000
Manassas National Battlefield Park Improvements, 
    Virginia............................................       2,000,000

      Glacier National Park, Going-to-the-Sun Road.--The 
conference agreement provides $1,000,000 for engineering 
studies on Going-to-the-Sun Road in Glacier National Park. 
Funds will be used to conduct and support an independent 
engineering study assessing the best available technology to 
reduce costs and mitigate impacts; an updated economic analysis 
taking into account the economic impact of the road on the park 
and the surrounding communities; and a citizen advisory 
committee with which the National Park Service and the Federal 
Highway Administration would consult in making recommendations 
regarding the reconstruction of Going-to-the-Sun Road.
      Highway 93, Montana.--The Conferees concur with the 
direction of the Senate regarding Highway 93 in Montana.
      Manassas National Battlefield Park, Virginia.--The 
conference agreement includes $2,000,000 for improvements to 
the U.S. Route 29 and State Route 234 intersection in the 
Manassas National Battlefield Park, Prince William County, 
Virginia. In April 1998, a task force of federal, state and 
local participants was created to address the unsafe conditions 
associated with this intersection which is used by local 
residents and park visitors. As a result of several task force 
meetings, a memorandum of understanding is being developed 
outlining improvements which improve safety and preserve the 
historical integrity of the battlefield. The funds provided in 
this Act shall be made available to implement improvements to 
the intersection consistent with the memorandum of 
understanding.

                         program administration

      Proceeds from the sale or lease of real property.--The 
language in section 156 of title 23 of the United States Code, 
relating to the proceeds from the sale or lease of real 
property, can be applied to providing parking for the Louisiana 
Stadium and Exposition District.
      DeSoto County, Mississippi.--For the purposes of 
constructing an underpass to improve access and to enhance 
highway/rail safety and economic development along Star Landing 
Road in DeSoto County, Mississippi, the State of Mississippi 
may use funds previously allocated to it under the 
transportation enhancements program, provided that the 
statewould otherwise be unable to use the funds for transportation 
enhancement projects consistent with current law.
      Georgia I-285.--The revised concept for the East-West 
Connector, Phase V and I-285 Interchange in Cobb County, 
Georgia (submitted on April 15, 1998 to the Georgia Department 
of Transportation, which in turn submitted it to the Federal 
Highway Administration on May 22, 1998) improves the level of 
service and operations of the interchange without increasing 
the capacity of this segment of I-285. The revised concept for 
the interchange will dramatically improve access to the 
communities adjoining the interchange without adversely 
affecting air quality in the Atlanta region. Therefore, FHWA is 
encouraged to approve the revised concept and allow preliminary 
design on the interchange to continue.

                          Federal-Aid Highways

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

      The conference agreement provides a liquidating cash 
appropriation of $24,000,000,000 for the federal-aid highways 
program, as proposed by both the House and the Senate.

                      Motor Carrier Safety Grants

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

      The conference agreement includes a liquidating cash 
appropriation of $100,000,000 for motor carrier safety grants 
as proposed by the Senate. The House included a liquidating 
cash appropriation of $100,000,000 for motor carrier safety 
grants within the National Highway Traffic Safety 
Administration.

                      Motor Carrier Safety Grants

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

      The conference agreement includes the limitation on 
obligations of $100,000,000 for motor carrier safety grants 
proposed by the Senate. The House bill included a limitation on 
obligations of $100,000,000 for motor carrier safety grants is 
within the National Highway Traffic Safety Administration.
      This agreement allocates the funding in the following 
manner:

Basic grants to states..................................     $80,000,000
Border assistance.......................................       4,500,000
Priority initiatives....................................       4,500,000
Administrative costs....................................       1,000,000
Information systems and planning........................      10,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     100,000,000

      Border assistance.--The conference agreement has provided 
$4,500,000 for border assistance, as proposed by the House. 
Funding has not been provided to the second tier states because 
Mexican commercial motor vehicles cannot operate beyond 
Arizona, California, New Mexico, and Texas until the year 2000.
      Information systems and planning.--Of the $10,000,000 
provided for information systems and strategic planning, 
$3,000,000 shall be provided to states to improve information 
systems and computer and evaluation capabilities; $1,000,000 
shall be for driver safety activities to improve the commercial 
drivers license programs or judicial outreach of the various 
states; and $5,000,000 shall be for the PRISM project to 
increase the number of states participating in this program.
      Transfer of OMC to NHTSA.--The conference agreement does 
not include the transfer of the office of motor carriers (OMC) 
from the Federal Highway Administration to the National Highway 
Traffic Safety Administration (NHTSA) proposed by the House. In 
proposing this transfer, the House believed that moving motor 
carriers under NHTSA's umbrella would strengthen and 
consolidate the department's vehicle safety programs. A single 
modal administration could provide a more consistent and 
synchronous safety program and agenda by focusing on reducing 
all highway accidents instead of having two organizations 
focusing on reducing components (passenger vehicles and 
commercial motor vehicles) of the 42,000 annual highway 
fatalities. The House intends to further review the possible 
consolidation of the office of motor carriers within NHTSA 
during its fiscal year 2000 budget hearings.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                        Operations and Research

                          (Highway Trust Fund)

      The conference agreement provides $159,400,000 from the 
Highway Trust Fund for operations and research. The Senate 
provided $161,400,000 for operations and research and the 
National Driver Register from the Highway Trust Fund. The House 
provided $72,000,000 for operations and research from the 
Highway Trust Fund and $87,400,000 from the general fund. Of 
the total, $58,558,000 shall remain available until September 
30, 2001 as proposed by both the House and the Senate.
      To comply with the levels authorized under TEA21, the 
conference agreement includes the following adjustments to the 
budget estimate:

Do not fund 10 new staff positions......................       -$780,000
Do not fund new consumer information program............        -814,000
Hold NCAP testing to 1998 level.........................      -2,226,000
Delete funding for fuel economy program.................         -60,000
Slight reduction in vehicle safety compliance...........         -40,000
Reduce funding for defects investigation................        -360,000
Delete funding for the safe communities program.........      -2,800,000
Delete funding for prelicensure demonstration project...        -600,000
Slight reduction in EMS research........................         -40,000
Slight reduction in records and licensing...............         -73,000
Head injury management prevention project...............      +1,000,000
Hold PNGV to 1998 level.................................      -1,004,000
Reduce increase for biomechanics simulation and analysis        -225,000
Reduce increase for crash avoidance research............        -340,000
Fund occupant protection survey under Grant 
    Administration......................................        -300,000
Slight reduction in Office of the Administrator.........        -331,000
Increase Grant Administration reimbursement.............      -4,509,000

      Aggressive driving.--NHTSA, in conjunction with the 
International Association of Chiefs of Police, should conduct a 
2-year pilot project to utilize and demonstrate the 
effectiveness of enforcement devices, such as speed management 
and imaging devices, in reducing aggressive driving. The 
project should take place within one or more federal 
jurisdictions that have experienced high profile crashes, such 
as the George Washington Memorial Parkway.
      Emergency medical services.--Within the emergency medical 
services program, $250,000 shall be used to complete the second 
phase of the head injury prehospital protocols with Aitken 
Neuroscience Center. The conference agreement also includes 
$1,000,000 for a head injury prevention project at the 
University of Alabama at Birmingham. The initial focus of this 
effort will be on the prehospital aspect of trauma research 
involving causative factors of the injury.
      Older driver research.--NHTSA should continue 
demonstrating technologies and practices to improve the driving 
performance of older drivers and other special groups. Ongoing 
work at Pennsylvania State University in this area is 
recognized.
      Red light running initiative.--Failure to obey traffic 
signals is one of the leading causes of urban crashes. NHTSA 
should evaluate an innovative program initiated by Jefferson 
Parish Sheriff's Office in Jefferson County, Louisiana, to 
combat this problem and determine if this program could be 
deployed nationwide.
      Prelicensure demonstration project.--For the same reasons 
detailed last year, the conference agreement deletes funds for 
the prelicensure demonstration project.
      Bill language is included that prohibits NHTSA from 
obligating or expending funds to plan, finalize, or implement 
any rulemaking that would add requirements pertaining to tire 
grading standards that are different from those standards 
already in effect. This language was contained in both the 
House and Senate bills.

                        National Driver Register

                          (Highway Trust Fund)

      The conference agreement provides $2,000,000 for the 
National Driver Register as proposed by the House. The Senate 
provided $2,000,000 for this program within NHTSA's operations 
and research account. Within the total amount appropriated, up 
to $250,000 can be used to begin the technology assessment 
authorized under section 2006 of TEA21.

                     Highway Traffic Safety Grants

                (Liquidation of Contract Authorization)

                          (Highway Trust Fund)

      The conference agreement provides $200,000,000 to 
liquidate contract authorizations for highway traffic safety 
grants, as proposed by both the House and the Senate.

                     Highway Traffic Safety Grants

                      (Limitation on Obligations)

                          (Highway Trust Fund)

      The conference agreement limits obligations for highway 
traffic safety grants to $200,000,000 as proposed by both the 
House and Senate. A total of $9,943,000 has been provided for 
administration of the grant programs as proposed by the House 
instead of $5,334,000 as proposed by the Senate. New bill 
language is included to specify that not more than $7,500,000 
of the funds made available for section 402, not more than 
$500,000 of the funds made available for section 405, not more 
than $1,750,000 of the funds made available for section 410, 
and not more than $193,000 of the funds made available for 
section 411 shall be available to NHTSA for administering 
highway safety grants under chapter 4 of title 23. This 
language is necessary to insure that each grant program does 
not contribute more than five percent of the total 
administrative costs.
      The conference agreement retains bill language, proposed 
by both the House and Senate, that limits technical assistance 
to states from section 410 to $500,000.
      The conference agreement prohibits the use of funds for 
construction, rehabilitation or remodeling costs, or for office 
furnishings and fixtures for state, local, or private buildings 
or structures, as proposed by both the House and Senate.
      The bill includes separate obligation limitations with 
the following funding allocations:

State and community grants..............................    $150,000,000
Occupant protection incentive grants....................      10,000,000
State highway safety data grants........................       5,000,000
Alcohol incentive grants................................      35,000,000

      Occupant protection.--The effectiveness of the occupant 
protection grant on improving safety, saving lives, and 
preventing injuries along the Route 2 corridor between Gardner 
and Greenfield, Massachusetts is recognized, and the conference 
agreement encourages continued funding of this initiative.

                    FEDERAL RAILROAD ADMINISTRATION

                      Office of the Administrator

      The conference agreement appropriates $21,215,000 for the 
Office of the Administrator instead of $21,367,000 as proposed 
by the House and $21,020,000 as proposed by the Senate. Of the 
total amount, $1,784,000 shall remain available until expended, 
as proposed by the House instead of $1,389,000 as proposed by 
the Senate.
      The following adjustments were made to the budget 
estimate:

Delete funding for electronic grant management..........       -$200,000
Delete funding for acquisition management training......          -6,000
Reduce travel increase..................................         -52,000
Reduce increase in vendor inflation.....................        -100,000
                    --------------------------------------------------------
                    ____________________________________________________
            Net reduction to budget estimate............        -358,000

      Funding for the light rail density pilot project is not 
included in the Office of the Administrator, as proposed by the 
Senate. The House bill contained no similar appropriation.
      Valley trains and trails.--Within the funds appropriated 
to the Office of the Administrator, FRA should work with the 
Norfolk Southern Railroad, Valley Trains and Trails, and the 
Commonwealth of Virginia to help develop a scenic passenger 
train service plan in Shenandoah County, Virginia. This study 
is contingent upon participation by Norfolk Southern.
      Bill language is included that authorizes the Secretary 
to receive payments from the Union Station Redevelopment 
Corporation, credit them to the first deed of trust, and make 
payments on the first deed of trust. These funds may be 
advanced by the Administrator from unobligated balances 
available to the Federal Railroad Administration and must be 
reimbursed from payments received by the Union Station 
Redevelopment Corporation. Both the House and Senate bills 
contained these provisions.

                            Railroad Safety

      The conference agreement provides $61,488,000 for 
railroad safety instead of $60,948,000 as proposed by the House 
and $61,876,000 as proposed by the Senate. Of the total amount, 
$3,825,000 shall remain available until expended. The following 
adjustments were made to the budget estimate:

Hire 24 instead of 32 new inspectors....................       -$420,000
Provide 5 percent increase in travel....................        -351,000
Increase funding for Operation Lifesaver................        +300,000
                    --------------------------------------------------------
                    ____________________________________________________
            Net adjustment..............................        -471,000

      Bill language is included in this conference report that 
permits the reimbursement of out-of-state travel and per diem 
costs incurred by employees of State governments directly 
supporting the Federal railroad safety program, including 
regulatory development and compliance-related activities. Both 
the House and Senate bills contained this provision.

                   Railroad Research and Development

      The conference agreement provides $22,364,000 for 
railroad research and development instead of $20,477,000 as 
proposed by the House and $25,760,000 as proposed by the Senate 
and includes the following adjustments to the budget estimate:

Delete funding for assessment of current magnetic 
    levitation systems..................................       -$150,000
Delete funding for Transportation Test Center site 
    facilities..........................................        -130,000
Fund full-scale crash test of rail passenger equipment..      +2,000,000
Half-year funding for track specialist..................        -117,000
                    --------------------------------------------------------
                    ____________________________________________________
            Net adjustment to budget estimate...........      +1,607,000

      Track and vehicle-track interaction.--Within funding 
allocated for track and vehicle-track interaction, $500,000 
shall be used to develop an automatic traffic control and 
monitoring system and $500,000 shall be used to evaluate carbon 
composites in railroad bridges, as specified by the Senate. The 
GAO recently reported on the safety risk posed by the 
deteriorating structural integrity of the nation's 100,700 rail 
bridges. Aging rail bridges are increasingly being required to 
handle heavier axial loads and higher train speeds. To better 
address this safety risk, funding has been provided to develop, 
demonstrate, and evaluate the use of carbon composites for 
strengthening aging steel railroad bridges. These funds shall 
be made available to a constructed facilities center with 
extensive experience in this area.
      New full-time employees.--The conference agreement 
provides half-year funding for the new track specialist 
position because the Administration has made a convincing case 
for this position. No funding is provided for the new 
communications position.
      Bill language is included that allows FRA to sell old 
aluminum reaction rail currently located at the Transportation 
Test Center (TTC) and use any proceeds for physical 
improvements at TTC as proposed by both the House and Senate.

            Railroad Rehabilitation and Improvement Program

      The conference agreement modifies bill language included 
in the House bill specifying that no new direct loans or loan 
guarantee commitments can be made using federal funds for the 
payment of any credit premium amount during fiscal year 1999. 
The Senate bill did not have any bill language for this 
program.

                    Next Generation High-Speed Rail

      The conference agreement provides $20,494,000 for the 
next generation high-speed rail program instead of $15,294,000 
as proposed by the House and $28,494,000 as proposed by the 
Senate. The following table summarizes the conference agreement 
by budget activity:

                                                              Conference
Train control systems...................................      $4,300,000
        Illinois positive train control demonstration...     (1,300,000)
        Alaska railroad.................................     (3,000,000)
Non-electric locomotives................................       9,800,000
        ALPS............................................     (2,800,000)
        Prototype locomotive............................     (7,000,000)
Grade crossings and innovative technologies.............       4,600,000
        Sealed corridor.................................     (1,000,000)
        Mitigating hazards..............................     (2,500,000)
        Low-cost HSR crossing...........................     (1,100,000)
Track and structures....................................       1,200,000
Administration..........................................         594,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total.......................................      20,494,000

      Positive train control.--A total of $4,300,000 has been 
provided for positive train control activities in Illinois and 
Alaska. Funding has not been provided for a positive train 
control study recommended by the Senate because the goals of 
this study are being undertaken in the Illinois positive train 
control demonstration. It is anticipated that the system 
engineer for the joint AAR, Illinois DOT and FRA project on the 
Chicago to St. Louis corridor will decisively characterize the 
common elements required for interoperability, in order to 
develop an open system architecture. An open architecture is 
necessary to ensure that different positive train control 
technologies can communicate and interact effectively with one 
another.
      FRA and the AAR have entered into a cooperative program 
to develop, test, and demonstrate positive train control 
capabilities between Springfield and Chicago, Illinois. This 
project is estimated to cost approximately $60,000,000 over a 
four-year period. AAR has committed $20,000,000 to the project. 
The conference agreement provides $1,300,000 to this project in 
fiscal year 1999 to continue federal support.
      The conference agreement provides $3,000,000 for Alaska 
Railroad to continue its ongoing efforts to implement a 
collision avoidance positive train control system over the 
entire system. These funds will help fund a GPS satellite-based 
communications and tracking system that will provide positive 
train separation for alllocomotives and track vehicles, and 
precision train control with movement-pass planning capabilities.
      In conjunction with FRA, eastern railroads are developing 
positive train control, capable of operating with present and 
future technologies to adapt to the various types of railroad 
infrastructure. As the first step, interoperable locomotive 
platform prototypes are being built at the present time. As the 
next step, the wayside portion of the positive train separation 
pilot will be developed and tested on the rail line between 
Manassas, Virginia through Hagerstown, Maryland to Harrisburg, 
Pennsylvania. This project, funded jointly by FRA and the 
railroads, was begun two years ago. FRA should continue funding 
this pilot project.
      Rail-highway crossing hazard eliminations.--Under section 
1103 of TEA21, an automatic set-aside of $5,250,000 a year is 
made available for the elimination of rail-highway crossing 
hazards. A limited number of rail corridors are eligible for 
these funds. Of these set-aside funds: $1,000,000 shall be used 
to mitigate grade crossing hazards on the Gulf Coast corridor; 
$1,000,000 shall be used along North Carolina's sealed 
corridor; $250,000 shall be used between Kalamazoo and Grand 
Beach, Michigan; and $250,000 shall be used between Milwaukee 
and the Wisconsin-Illinois border.

                     Alaska Railroad Rehabilitation

      The conference agreement provides $10,000,000 for the 
Alaska Railroad as proposed by the Senate. The House bill 
contained no similar appropriation.

                     Rhode Island Rail Development

      Total funding for the Rhode Island rail development 
project is $5,000,000 instead of $2,000,000 as proposed by the 
House and $7,500,000 as proposed by the Senate. The conference 
agreement deletes Senate bill language that requires, as a 
condition of accepting such funds, the Providence and Worcester 
Railroad to reimburse Amtrak and/or the Federal Railroad 
Administration, on a dollar-for-dollar basis, up to the first 
$28,000,000, if damages occur in vertical clearances in excess 
of those required for present freight operations. The House 
bill contained no similar provision.

     Capital Grants to the National Railroad Passenger Corporation

      The conference agreement provides $609,230,000 for 
Capital grants to the National Railroad Passenger Corporation 
(Amtrak) as proposed by the House instead of $555,000,000 as 
proposed by the Senate. All funding is to remain available 
until expended as proposed by the House.
      The conference agreement deletes a number of language 
provisions included in either the House or the Senate bills. 
These include: (1) language that allocates not less than 
$200,000,000 for the Northeast Corridor Improvement Program and 
$355,000,000 for capital grants as proposed by the Senate; (2) 
language that limits the availability of funding for the 
Northeast Corridor Improvement Program to September 30, 2001 as 
proposed by the Senate; (3) language proposed by the House that 
requires the House and Senate Committees on Appropriations to 
approve Amtrak's capital plan prior to the release of this 
capital appropriation and funding made available from section 
977 of the Taxpayer Relief Act; (4) language proposed by the 
Senate which identifies those activities on which capital 
grants may be expended; and (5) language proposed by the Senate 
that prohibits Amtrak from obligating more than $222,000,000 
prior to September 30, 1999.
      Northeast Corridor improvement program.--The conference 
agreement does not provide a specific earmark for the Northeast 
Corridor Improvement Program. Amtrak has the flexibility to 
allocate whatever amount it believes is necessary for this 
project in fiscal year 1999.
      Amtrak shall work closely with the Northeast Corridor 
communities, as well as state transit officials and owners of 
the track, to identify danger spots and install perimeter 
fencing along the Corridor, wherever it is needed. In 
particular, Amtrak should focus on increased community 
coordination in urbanized areas where there have been problems 
or where community concerns have been expressed, such as 
Attleboro, Foxboro, Mansfield, and Sharon, Massachusetts.
      Capital definition.--The conference agreement considered, 
but rejected as too broad, the expanded capital definition. 
However, Amtrak should be permitted to expend its fiscal year 
1999 appropriated capital grant on maintenance of existing 
equipment as well as for capital improvements. Amtrak is 
already authorized to expend funds received under section 977 
of the Taxpayer Relief Act for maintenance of equipment. Since 
this authority was already granted in a previous Act, there is 
a legislative precedent for Amtrak to expend its appropriated 
capital grants for equipment maintenance.
      Rail signalization upgrade in Vermont.--Signaling on the 
main rail line between Brattleboro and White River Junction, 
Vermont needs to be upgraded. Amtrak is currently negotiating 
with the State of Vermont and the New England Central Railroad 
to upgrade the pole line signal system to an electronic control 
system. The entire system is estimated to cost $500,000. Amtrak 
is urged to continue negotiating with the affected parties. 
However, these costs should be shared among the users of the 
system and the state, and not be borne solely by Amtrak.
      Erie, Pennsylvania station improvements.--Amtrak 
currently leases a small portion of a train station in Erie, 
Pennsylvania to provide service for the Lake Shore Limited. 
This station is in need of repairs to the platforms, canopies, 
and lights and requires better access to the tracks to comply 
with the Americans with Disabilities Act. This work is not 
currently included within Amtrak's capital plan; however, 
Amtrak has a set-aside of $15,000,000 for leveraging state and 
local partnerships. Amtrak is strongly encouraged to consider 
funding rehabilitation and renovations at the Erie, 
Pennsylvania station when selecting projects for state and 
local partnerships in fiscal year 1999.
      High-speed rail improvements outside the Northeast 
Corridor.--Amtrak has been working with the Commonwealth of 
Virginia to identify improvements necessary on track between 
Washington, D.C. and Richmond, Virginia so that passenger 
trains could operate at higher speeds. Amtrak is directed to 
report its findings and the estimated costs to do this work to 
the House and Senate Committees on Appropriations by March 1, 
1999.
      Las Vegas to Los Angeles service.--Amtrak has been 
working with the freight railroads, and the states of 
California and Nevada to begin passenger rail service between 
Las Vegas and Los Angeles early in 1999. The conferees are 
supportive of this project and expect that the number of 
capitalization issues surrounding necessary infrastructure 
upgrades for Amtrak to operate on this route will be quickly 
resolved.

                     FEDERAL TRANSIT ADMINISTRATION

                        administrative expenses

      The conference agreement provides $54,000,000 for 
administrative expenses of the Federal Transit Administration 
as proposed by both the House and the Senate. Within this 
total, the conference agreement appropriates $10,800,000 from 
the general fund and $43,200,000 from the Highway Trust Fund, 
as proposed by both the House and the Senate. The conference 
agreement provides that the general fund appropriation shall be 
available until expended.
      The agreement includes a provision that transfers 
$800,000 from funds made available for project management 
oversight activities to the Inspector General to reimburse 
costs associated with audit and financial reviews of major 
transit projects, instead of $750,000 as proposed by the House 
and $1,000,000 as proposed by the Senate.
      Full-time equivalent (FTE) staff years.--The conference 
agreement provides that the FTE level in fiscal year 1999 shall 
not rise in excess of 485 FTE. This level shall be sufficient 
to cover the additional administrative requirements imposed 
upon the Federal Transit Administration by TEA21. The House and 
Senate Committees on Appropriations will consider personnel 
increases above this level on an annual basis.
      Project management oversight.--Within the funds provided 
for section 23, the FTA shall increase its financial management 
oversight activities and perform financial capacity reviews to 
identify critical funding deficiencies or inadequate financing 
plans before such funding deficiencies materialize. In 
addition, the FTA shall more fully utilize new and existing 
managementtools, like the triennial review information system 
and the oversight tracking system; identify and monitor regional office 
performance of grant management and that of individual grantees; and 
report to the House and Senate Committees on Appropriations by December 
1, 1999 the steps taken to comply with the directives contained in the 
House report.
      The conference agreement includes sufficient funds for 
the continued development of the electronic grant making and 
management system.

                             Formula Grants

      The conference agreement provides a total program level 
of $2,850,000,000 for transit formula grants, as proposed by 
both the House and the Senate. Within this total, the 
conference agreement appropriates $570,000,000 from the general 
fund as proposed by both the House and the Senate. The 
conference agreement provides that the general fund 
appropriation shall be available until expended.
      The conference agreement deletes language proposed by the 
Senate that would have made available up to $10,000,000 of 
funds provided for the clean fuel formula grant program for 
projects that include payments for incremental costs of 
biodiesel fuels, and that such incremental costs shall be 
limited to the cost difference between the cost of alternative 
fuels and their petroleum-based alternatives. The House bill 
contained no similar provisions.
      The conference agreement provides that funding made 
available for the clean fuel formula grant program under this 
heading shall be transferred to and merged with funding 
provided for the replacement, rehabilitation, and purchase of 
buses and related equipment and the construction of bus-related 
facilities under ``Federal Transit Administration, Capital 
investment grants''.
      The FTA, when evaluating the local financial commitment 
of new rail extension or busway projects, shall consider the 
extent to which the projects' sponsors have used the 
appreciable increases in the formula grants apportionments for 
alternative analyses and preliminary engineering activities of 
such systems.
      Los Angeles County Metropolitan Transportation 
Authority.--Of the funds apportioned to Los Angeles, 
California, $25,000,000 is expected to be expended in the most 
cost effective manner for the purchase of new and reliable 
clean fuel vehicles (as defined in 49 U.S.C. 5308(a)(1)) to 
comply with the bus consent decree.
      San Francisco, California and the Presidio.--The City of 
San Francisco and the municipal transportation authority is 
expected to ensure that necessary and ample public 
transportation services are available to the Presidio, its 
visitors and workers, and the surrounding community.
      Coordination between public transit agencies and human 
service agencies.--The Secretary of Transportation, working 
with the Secretary of Health and Human Services through the 
DOT/HHS Coordinating Council, should work to advance joint 
efforts to create State and regional planning guidelines which 
promote transportation coordination between public transit 
agencies and human service transportation providers. The joint 
planning guidelines taskforce is encouraged to work with 
Madison METRO and the coalition for paratransit solutions to 
ensure timely public transit agency input and dissemination of 
planning guidelines.

                   University Transportation Research

      The conference agreement provides a total program level 
of $6,000,000 for university transportation research as 
proposed by both the House and the Senate. Within the total, 
the conference agreement appropriates $1,200,000 from the 
general fund as proposed by both the House and the Senate. The 
conference agreement provides that the general fund 
appropriation shall be available until expended.

                     Transit Planning and Research

      The conference agreement provides a total program level 
of $98,000,000 for transit planning and research as proposed by 
the House and the Senate. Within the total, the conference 
agreement appropriates $10,800,000 from the general fund as 
proposed by both the House and the Senate. The conference 
agreement provides that the general fund appropriation shall be 
available until expended.
      Within the funds appropriated for transit planning and 
research, $5,250,000 is provided for rural transportation 
assistance; $4,000,000 is provided for the National Transit 
Institute; $8,250,000 is provided for transit cooperative 
research; $43,841,600 is provided for metropolitan planning; 
$9,158,400 is provided for state planning and research; and 
$27,500,000 is provided for national planning and research.
      Within the funding level provided for national planning 
and research, the Federal Transit Administration shall make 
available the following amounts for the programs and activities 
listed below:

City of Branson, Missouri congestion study..............        $450,000
Skagit County, Washington North Sound connecting 
    communities project, Skagit County Council of 
    Governments.........................................          50,000
Desert air quality comprehensive analysis, Las Vegas, 
    Nevada..............................................       1,000,000
Vegetation control on rail rights-of-way survey.........         250,000
Zinc-air battery bus technology demonstration...........       1,500,000
North Orange-South Seminole County, Florida fixed 
    guideway technology.................................         750,000
Galveston, Texas fixed guideway activities..............         750,000
Washoe County, Nevada transit technology................       1,250,000
MBTA, Massachusetts advanced electric transit buses and 
    related infrastructure..............................       1,500,000
Palm Springs, California fuel cell buses................       1,000,000
Gloucester, Massachusetts intermodal technology center..       1,500,000
SEPTA, Philadelphia, Pennsylvania advanced propulsion 
    control system......................................       2,000,000
Project ACTION..........................................       3,000,000
Advanced transportation and alternative fueled vehicle 
    technology consortium (CALSTART)....................       2,000,000
Rural transportation assistance program.................         750,000
JOBLINKS................................................       1,000,000
Fleet operations, including bus rapid transit...........       1,500,000
Northern tier community transportation, Massachusetts...         500,000
Hennepin County community transportation, Minnesota.....       1,000,000
Seattle, Washington livable city........................         200,000

      Fuel cell bus and bus facilities program.--None of the 
funds available under this heading shall supplement funding 
provided under section 3015(b) of Public Law 105-178 for the 
fuel cell bus and bus facilities program.
      Advanced transportation and alternative fueled vehicle 
technology consortium (CALSTART).--Of the funds made available 
for the advanced transportation and alternative fueled vehicle 
technology program (CALSTART), not less than $500,000 shall be 
available to the Santa Barbara electric transportation 
institute.
      The conference agreement provides sufficient funding for 
developmental work for the electronic grants making and 
management system and critical safety programs.

                      Trust Fund Share of Expenses

                (liquidation of contract authorization)

                          (highway trust fund)

      The conference agreement provides $4,251,800,000 in 
liquidating cash for the trust fund share of transit expenses 
instead of $2,446,200,000 as proposed by both the House and the 
Senate. This amount provides liquidating cash for new TEA21 
programs.

                       Capital Investment Grants

                     (including transfer of funds)

      The conference agreement provides a total program level 
of $2,257,000,000 for capital investment grants, as proposed by 
both the House and the Senate. Within the total, the conference 
agreement appropriates$451,400,000 from the general fund as 
proposed by both the House and Senate. The conference agreement 
provides that the general fund appropriation shall be available until 
expended.
      Within the total program level, $902,800,000 is provided 
for fixed guideway modernization; $451,400,000 is provided for 
the replacement, rehabilitation, and purchase of buses and 
related equipment and the construction of bus-related 
facilities; and $902,800,000 is provided for new fixed guideway 
systems, as proposed by both the House and the Senate. Funds 
derived from the formula grants program totaling $50,000,000 
are to be transferred and merged with funds provided for the 
replacement, rehabilitation, and purchase of buses and related 
equipment and the construction of bus-related facilities under 
this heading.
      The conference agreement deletes language proposed by the 
Senate that would have required the Administrator of the 
Federal Transit Administration, not later than sixty days after 
the enactment of this Act, to individually submit to the 
congressional transit appropriations and authorization 
committees the recommended grant funding levels for the 
respective bus and bus-related facilities projects listed in 
the Senate bill. The House bill contained no similar provision.
      The conference agreement includes a provision that makes 
funds provided in the fiscal year 1998 Department of 
Transportation and Related Agencies Appropriations Act for the 
Strawberry Hill/Diamond Branch rail project available for the 
Laurel rail line project in Lackawanna County, Pennsylvania. 
The Senate bill contained no similar provision.
      Three-year availability of section 5309 discretionary 
funds.--The FTA shall not reallocate funds provided in the 
fiscal years 1995 or 1996 Department of Transportation and 
Related Agencies Appropriations Acts for the Whitehall ferry 
terminal, or funds provided in fiscal year 1996 for the 
Memphis, Tennessee medical extension project, the Burlington-
Gloucester commuter rail project, or the New Orleans Canal 
Street corridor project.
      Further, should additional funds from previous 
appropriations Acts be available for reallocation, the FTA is 
directed to reprogram these funds after notification to and 
approval of the House and Senate Committees on Appropriations 
and only to the extent that those projects are able to fully 
obligate additional resources in the course of fiscal year 
1999. With respect to reallocation of discretionary bus funds, 
the FTA is directed to reallocate funds only to those projects 
identified in the Department of Transportation and Related 
Agencies Appropriations Act, 1999, after notification to and 
approval of the House and Senate Committees on Appropriations.
      Reprogrammings.--The conference agreement approves the 
department's request to reprogram fiscal year 1997 section 5309 
bus funds originally provided for Reston, Virginia's internal 
bus system and to make them available for continued 
construction of the western regional park and ride lot in 
Loudoun County, Virginia. The conference agreement also 
approves the department's request to reprogram fiscal year 1989 
rail modernization funds originally provided for the University 
City Station in Philadelphia to the Eastwick Intermodal Center 
project.
      Bus and bus-related facilities.--The conference agreement 
provides $451,400,000, together with $50,000,000 transferred 
from ``Federal Transit Administration, Formula grants'' and 
merged with funding provided under this heading for the 
replacement, rehabilitation and purchase of buses and related 
equipment and the construction of bus-related facilities, to be 
distributed as follows:

Bus and Bus Facilities Project Designations for Fiscal Year 1999

        State and Project                                     Conference
Alaska:
    Anchorage Ship Creek intermodal facility............      $4,300,000
    Fairbanks intermodal rail/bus transfer facility.....       2,000,000
    North Slope Borough buses...........................         500,000
    Whittier intermodal facility and pedestrian overpass         700,000
Alabama:
    Birmingham intermodal facility......................       2,000,000
    Birmingham-Jefferson County, buses..................       1,250,000
    Dothan Wiregrass Transit Authority demand response 
      shuttle vehicles and transit facility.............         500,000
    Huntsville, intermodal space centers................       5,000,000
    Huntsville, transit facility........................       1,000,000
    Jasper buses........................................          50,000
    Lee-Russell Council buses...........................         790,000
    Mobile, GM&O building...............................       5,000,000
    Montgomery Union Station intermodal center and buses       5,000,000
    Pritchard, bus transfer facility....................         500,000
    Tuscaloosa, intermodal center.......................       1,950,000
    University of North Alabama pedestrian walkways.....         800,000
Arkansas:
    Arkansas Highway and Transit Department buses.......         200,000
    Fayetteville, University of Arkansas Transit System 
      buses.............................................         500,000
    Hot Springs, transportation depot and plaza.........         560,000
    Little Rock, Central Arkansas Transit buses.........         300,000
    Statewide bus needs.................................       1,500,000
Arizona:
    Phoenix bus and bus facilities......................       4,000,000
    Tucson alternatively fueled buses...................       2,000,000
    Tucson intermodal facility..........................       1,000,000
California:
    Central Contra Costa County transit vans............         200,000
    Culver City, CityBus buses..........................       1,250,000
    Davis, Unitrans transit maintenance facility........         625,000
    Davis/Sacramento area hydrogen bus technology 
      program...........................................         950,000
    Folsom multimodal facility..........................       1,000,000
    Healdsburg, intermodal facility.....................       1,000,000
    Humboldt, intermodal facility.......................       1,000,000
    Huntington Beach buses..............................         200,000
    I-5 corridor intermodal transit centers.............       2,500,000
    Lake Tahoe intermodal transit center................         500,000
    Livermore automatic vehicle locator program.........       1,000,000
    Los Angeles County Metropolitan transportation 
      authority buses...................................       3,000,000
    Los Angeles Foothills Transit maintenance facility..       1,000,000
    Los Angeles municipal transit operators consortium..       2,500,000
    Los Angeles, Union Station Gateway Intermodal 
      Transit Center....................................       1,250,000
    Modesto, bus maintenance facility...................       1,355,000
    Monterey, Monterey-Salinas buses....................         625,000
    Morongo Basin, Transit Authority bus facility.......         650,000
    North San Diego County transit district buses.......       1,750,000
    Perris, bus maintenance facility....................       1,250,000
    Riverside Transit Agency buses and facilities and 
      ITS applications..................................       1,000,000
    Sacramento, CNG buses...............................       1,250,000
    San Bernardino buses................................       1,000,000
    San Diego City College multimodal center (12th 
      Avenue/College Station)...........................       1,000,000
    San Fernando Valley smart shuttle buses.............         300,000
    San Francisco, Islais Creek maintenance facility....       1,250,000
    San Joaquin (Stockton) buses and bus facilities.....       1,000,000
    Santa Clara Valley Transportation Authority buses 
      and bus facilities................................       1,000,000
    Santa Clarita transit maintenance facility..........       2,250,000
    Santa Cruz metropolitan bus facilities..............         625,000
    Santa Cruz transit facility.........................       1,000,000
    Santa Rosa/Cotati, and Rohnert Park facilities......         750,000
    Santa Rosa/Cotati, intermodal transportation 
      facilities........................................         750,000
    Solano Links intercity transit consortium...........       1,000,000
    Ukiah Transit Center................................         500,000
    Windsor, Intermodal Facility........................         750,000
    Woodland Hills, Warner Center Transportation Hub....         325,000
    Yolo County, bus facility...........................       1,200,000
Colorado:
    Boulder/Denver, RTD buses...........................         625,000
    Colorado buses and bus facilities...................       6,800,000
    Denver, Stapleton Intermodal Center.................       1,250,000
Connecticut:
    Hartford, Transportation Access Project.............         800,000
    New Haven, bus facility.............................       2,250,000
    Norwich, buses......................................       2,250,000
    Waterbury, bus facility.............................       2,250,000
District/Columbia:
    Fuel cell bus and bus facilities program (section 
      3015(b))..........................................       4,850,000
    Washington, D.C. Intermodal Transportation Center...       2,500,000
Delaware: Delaware statewide buses......................       1,000,000
Florida:
    Broward County, buses...............................       1,000,000
    Clearwater multimodal facility......................       2,500,000
    Daytona Beach, Intermodal Center....................       2,500,000
    Gainesville buses and equipment.....................       1,500,000
    Jacksonville buses and bus facilities...............       1,000,000
    Lakeland, Citrus Connection transit vehicles and 
      related equipment.................................       1,250,000
    Lynx buses and bus facilities.......................       1,000,000
    Miami, bus security and surveillance................       1,000,000
    Miami Beach multimodal transit center...............       1,000,000
    Miami Beach, Electric Shuttle Service...............         750,000
    Miami-Dade, buses...................................       2,250,000
    Orlando, Intermodal Facility........................       2,500,000
    Tampa Hartline buses................................       1,250,000
Georgia:
    Atlanta, MARTA buses................................      12,000,000
    Savannah/Chatham Area transit bus transfer centers 
      and buses.........................................       3,500,000
Hawaii: Honolulu, bus facility and buses................       3,250,000
Illinois:
    Illinois statewide buses and bus-related equipment..       6,800,000
    Rock Island, buses..................................       2,500,000
Indiana:
    City of East Chicago buses..........................         200,000
    Gary, Transit Consortium buses......................       1,250,000
    Indianapolis, buses.................................       5,000,000
    South Bend, Urban Intermodal Transportation Facility       1,250,000
Iowa:
    Fort Dodge, Intermodal Facility (Phase II)..........         885,000
    Iowa statewide buses and bus facilities.............       3,000,000
    Iowa/Illinois Transit Consortium bus safety and 
      security..........................................       1,000,000
    Sioux City park and ride bus facility...............       1,800,000
Kansas: Johnson County bus maintenance/operations 
    facility............................................       2,000,000
Kentucky:
    Louisville, Kentucky University of Louisville and 
      River City buses..................................       3,000,000
    Northern Kentucky Area Development District senior 
      citizen buses.....................................         100,000
    Owensboro buses.....................................         200,000
    Southern and eastern Kentucky buses and bus 
      facilities........................................       2,000,000
Louisiana: Statewide buses and bus-related facilities...      11,000,000
Massachusetts:
    Essex and Middlesex buses...........................       3,128,000
    New Bedford/Fall River Mobile Access to health care.         250,000
    Pittsfield intermodal center........................       4,600,000
    Springfield, Union Station..........................       1,250,000
    Westfield intermodal center.........................       2,000,000
    Worcester, Union Station Intermodal Transportation 
      Center............................................       2,500,000
Maryland: Maryland statewide bus facilities and buses...      10,000,000
Michigan:
    Lansing, CATA bus technology improvements...........         600,000
    Michigan statewide buses............................      10,000,000
Minnesota:
    Duluth, Transit Authority community circulation 
      vehicles..........................................       1,000,000
    Duluth, Transit Authority intelligent transportation 
      systems...........................................         500,000
    Duluth, Transit Authority Transit Hub...............         500,000
    Northstar Corridor, Intermodal Facilities and buses.       6,000,000
    Twin Cities area metro transit buses and bus 
      facilities........................................       9,500,000
Missouri:
    Kansas City Union Station redevelopment.............       2,500,000
    OATS Transit........................................       2,500,000
    Southwest Missouri State University park and ride 
      facility..........................................       1,000,000
    St. Louis, Bi-state Intermodal Center...............       1,250,000
    Statewide bus and bus facilities....................       4,500,000
Mississippi:
    Harrison County multimodal center/hybrid electric 
      shuttle buses.....................................       1,900,000
    High Street, Jackson intermodal center..............       2,000,000
    Jackson buses and facilities........................       1,600,000
Montana: Butte bus replacements                                1,500,000
Nevada:
    Clark County Regional Transportation Commission 
      buses and bus facilities..........................       2,615,000
    Reno, RTC transit passenger and facility security 
      improvements......................................       1,250,000
    Washoe County, transit improvements.................       2,250,000
New Hampshire:
    Berlin Tri-County Community Action transit garage...         120,000
    Carroll County transportation alliance buses........         200,000
    Concord Area Transit buses..........................         750,000
    Greater Laconia Transit Agency buses................         450,000
    Keene HCS community care buses and equipment........         100,000
    Lebanon advance transit buses.......................         150,000
    Statewide transit systems...........................       1,000,000
New Jersey:
    New Jersey Transit jitney shuttle buses.............       1,750,000
    Newark, Morris & Essex Station access and buses.....       1,250,000
    South Amboy, Regional Intermodal Transportation 
      Initiative........................................       1,250,000
    Statewide alternatively fueled vehicles.............       7,500,000
New Mexico:
    Albuquerque, buses, paratransit vehicles, and bus 
      facility..........................................       3,750,000
    Northern New Mexico park and ride facilities........       2,000,000
New York:
    Babylon, Intermodal Center..........................       1,250,000
    Brookhaven Town, elderly and disabled buses and vans         225,000
    Brooklyn-Staten Island, Mobility Enhancement buses..         800,000
    Broome County buses and fare collection equipment...         900,000
    Buffalo, Auditorium Intermodal Center...............       3,000,000
    Dutchess County, Loop System buses..................         521,000
    East Hampton, elderly and disabled buses and vans...         100,000
    Ithaca, TCAT bus technology improvements............       1,250,000
    Long Beach central bus facility.....................         750,000
    Long Island, CNG transit vehicles and facilities and 
      bus replacement...................................       1,250,000
    Mineola/Hicksville, LIRR Intermodal Centers.........       1,250,000
    Nassau County CNG buses.............................       1,000,000
    New York City Midtown West Ferry Terminal...........       1,500,000
    New York, West 72nd St. Intermodal Station..........       1,750,000
    Niagara Frontier Transportation Authority Hublink...         500,000
    Rensselaer intermodal bus facility..................       1,000,000
    Riverhead, elderly and disabled buses and vans......         125,000
    Rochester central bus facility......................       1,000,000
    Rome, Intermodal Center.............................         400,000
    Shelter Island, elderly and disabled buses and vans.         100,000
    Smithtown, elderly and disabled buses and vans......         125,000
    Southhampton, elderly and disabled buses and vans...         125,000
    Southold, elderly and disabled buses and vans.......         100,000
    Suffolk County, elderly and disabled buses and vans.         100,000
    Syracuse CNG buses and facilities...................       2,000,000
    Ulster County bus facilities and equipment..........       1,000,000
    Utica and Rome, bus facilities and buses............         500,000
    Utica, Union Station................................       2,100,000
    Westchester County, Bee-Line transit system 
      fareboxes.........................................         979,000
    Westchester County, Bee-Line transit system shuttle 
      buses.............................................       1,000,000
    Westchester County, DOT articulated buses...........       1,250,000
North Carolina:
    Greensboro, Multimodal Center.......................       3,340,000
    Greensboro, Transit Authority buses.................       1,500,000
    Greensboro, Transit Authority small buses and vans..         321,000
    Statewide buses and bus facilities..................       5,000,000
North Dakota:...........................................
    Statewide buses and bus-related facilities..........       2,000,000
Ohio:
    Cleveland, Triskett Garage bus maintenance facility.         625,000
    Dayton, Multimodal Transportation Center............         625,000
    Statewide buses and bus facilities..................      12,000,000
    Toledo Mud Hens transit center study................         200,000
Oklahoma:...............................................
    Oklahoma statewide bus facilities and buses.........       5,000,000
Oregon:
    Lane County, Bus Rapid Transit......................       4,400,000
    Portland, Tri-Met buses.............................       1,750,000
    Rogue Valley transit district bus purchase..........       1,000,000
    Salem area mass transit system buses................       1,000,000
    Wilsonville, buses and shelters.....................         400,000
Pennsylvania:
    Altoona bus testing facility (section 3009).........       3,000,000
    Altoona, Metro Transit Authority buses and transit 
      system improvements...............................         842,000
    Altoona, Metro Transit Authority Logan Valley Mall 
      Suburban Transfer Center..........................          80,000
    Altoona, Metro Transit Authority Transit Center 
      improvements......................................         424,000
    Altoona, pedestrian crossover.......................         800,000
    Armstrong County-Mid County, 'PA bus facilities and 
      buses.............................................         150,000
    Beaver County bus facility..........................       1,000,000
    Bradford County, Endless Mountain Transportation 
      Authority buses...................................       1,000,000
    Cambria County, bus facilities and buses............         575,000
    Centre Area, Transportation Authority buses.........       1,250,000
    Chambersburg, Transit Authority buses...............         300,000
    Chambersburg, Transit Authority Intermodal Center...       1,000,000
    Chester County, Paoli Transportation Center.........       1,000,000
    Crawford Area, Transportation buses.................         500,000
    Erie, Metropolitan Transit Authority buses..........       1,000,000
    Fayette County, Intermodal Facilities and buses.....       1,270,000
    Lackawanna County, Transit System buses.............         600,000
    Mercer County, buses................................         750,000
    Monroe County, Transit Authority buses..............       1,000,000
    Philadelphia, Frankford Transportation Center.......       5,000,000
    Philadelphia, Intermodal 30th Street Station........       1,250,000
    Philadelphia, Regional Transportation System for 
      Elderly and Disabled..............................         750,000
    Reading, BARTA Intermodal Transportation Facility...       1,750,000
    Red rose, Transit Bus Terminal......................       1,000,000
    Robinson, Towne Center Intermodal Facility..........       1,500,000
    Schuylkill County buses.............................         220,000
    Somerset County, bus facilities and buses...........         175,000
    Towamencin Township, Intermodal Bus Transportation 
      Center............................................       1,500,000
    Washington County, Intermodal Facilities............         630,000
    Westmoreland County, Intermodal Facility............         200,000
    Wilkes-Barre, Intermodal Facility...................       1,250,000
    Williamsport, Bus Facility..........................       1,200,000
Puerto Rico:............................................
    San Juan Intermodal access..........................         950,000
Rhode Island:
    Providence, buses and bus maintenance facility......       2,250,000
    Rhode Island Public Transit Authority buses.........       3,200,000
South Carolina:
    Columbia Bus replacement............................       1,100,000
    Pee Dee buses and facilities........................       1,250,000
    South Carolina statewide Virtual Transit Enterprise.       1,220,000
    Spartanburg buses and facilities....................       1,000,000
South Dakota:
    Computerized bus dispatch system, radios, money 
      boxes, and lift replacements......................         800,000
    Sioux Falls buses...................................       1,000,000
    South Dakota statewide bus facilities and buses.....       3,500,000
Tennessee: Statewide buses and bus facilities...........       2,000,000
Texas:
    Austin, buses.......................................       2,250,000
    Brazos Transit Authority buses and facilities.......       1,500,000
    Corpus Christi transit authority buses and 
      facilities........................................       1,000,000
    Dallas Area Rapid transit buses.....................       2,750,000
    Fort Worth bus and paratransit vehicle project......       2,500,000
    Galveston buses and bus facilities..................       1,000,000
    Texas statewide small urban and rural buses.........       6,000,000
Utah:
    Ogden, Intermodal Center............................         800,000
    Utah Hybrid electric vehicle bus purchase...........       1,500,000
    Utah Transit Authority, Intermodal Facilities.......       1,500,000
    Utah Transit Authority/Park City Transit, buses.....       6,500,000
Vermont:
    Brattleboro Union Station multimodal center.........       2,500,000
    Burlington intermodal center........................       1,000,000
    Deerfield Valley Transit authority..................         500,000
Virginia:
    Alexandria, bus maintenance facility and Crystal 
      City canopy project...............................       1,000,000
    Alexandria, King Street Station access..............       1,100,000
    Harrisonburg, buses.................................         200,000
    Lynchburg, buses....................................         200,000
    Richmond, GRTC bus maintenance facility.............       1,250,000
    Roanoke, buses......................................         200,000
    Statewide buses and bus facilities..................      10,000,000
Washington:
    Anacortes ferry terminal information system.........         500,000
    Ben Franklin transit operating facility.............       1,000,000
    Bremerton transportation center.....................       1,000,000
    Central Puget Sound Seattle bus program.............       8,000,000
    Chelan-Douglas multimodal center....................         900,000
    Everett, Multimodal Transportation Center...........       1,950,000
    Grant County, buses and vans........................         600,000
    Mount Vernon, Multimodal Center.....................       1,750,000
    Port Angeles center.................................       1,000,000
    Seattle, Intermodal Transportation Terminal.........       1,250,000
    Snohomish County, Community transit buses...........       1,000,000
    Tacoma Dome, buses and bus facilities...............       1,750,000
    Thurston County intercity buses.....................       1,000,000
    Vancouver, Clark County (C-Tran) bus facilities.....       1,000,000
Wisconsin:
    Milwaukee County, buses.............................       4,000,000
    Wisconsin statewide bus facilities and buses........      12,875,000
West Virginia:
    Huntington, Intermodal Facility.....................       8,000,000
    West Virginia statewide Intermodal Facility and 
      buses.............................................       6,500,000

      Alexandria, Virginia, bus maintenance facility and 
Crystal City canopy project.--The relocation of the bus depots 
in Arlington and Alexandria is required to serve more 
efficiently the changing employment and population locations 
within Northern Virginia. Several depot sites have been 
identified for design and construction analysis and the Crystal 
City canopy project has been selected for construction to 
provide enhanced intermodal transfer opportunities and greater 
transit access to and integration with existing and 
reconfigured bus routes to benefit transit patrons in 
surrounding communities. The $1,000,000 provided in this Act 
for the Alexandria bus maintenance facility shall be used to 
analyze depot sites and related bus route configurations, as 
well as the canopy project.
      Buffalo, New York.--Funds provided in the fiscal years 
1995, 1996 and 1997 Department of Transportation and Related 
Agencies Appropriations Acts for the Crossroads Intermodal 
Station shall be available for the Buffalo Auditorium 
Intermodal Center.
      State of Colorado.--Of the amount provided for buses and 
bus facilities in the State of Colorado, no more than 
$1,250,000 shall be available for the Denver Stapleton 
intermodal center, and no more than $625,000 shall be available 
for Boulder/Denver RTD buses.
      Fuel cell bus and bus facilities program.--Funds provided 
in this Act for the fuel cell bus and bus facilities program 
shall be available only for research and development of fuel 
cell buses and directly related support facilities and 
equipment in accordance with FTA policy and regulation.
      Galveston, Texas.--The $2,000,000 provided in the fiscal 
year 1998 Department of Transportation and Related Agencies 
Appropriations Act for alternatively fueled vehicles for 
Galveston, Texas shall also be available for alternative 
fueling stations, standard paratransit vehicles, the downtown 
multimodal transportation terminal and eligible costs of 
contracting out of private sector transportation providers.
      Honolulu, Hawaii.--The FTA is directed to make available 
funding provided in the fiscal year 1996 Department of 
Transportation and Related Agencies Appropriations Act for the 
Kuakini medical facility parking garage in Honolulu, Hawaii to 
the City of Honolulu for buses and bus facilities.
      Lackawanna, Pennsylvania.--Funds provided in the fiscal 
year 1998 Department of Transportation and Related Agencies 
Appropriations Act for Lackawanna, Pennsylvania paratransit 
vans shall be available for an intermodal bus facility in 
Lackawanna, Pennsylvania.
      State of Louisiana.--The conference agreement includes 
$11,000,000 for buses and bus-related facilities for the State 
of Louisiana to be distributed as follows: Baton Rouge, 
$200,000; Jefferson Parish, $350,000; Lafayette, $425,000; 
Louisiana DOTD, including the purchase of vans, $650,000; 
Monroe, $450,000; New Orleans, $8,075,000; Shreveport, 
$400,000; state infrastructure bank, transit account, $350,000; 
and St. Tammany Parish, $100,000.
      Nashville, Tennessee.--Funds provided in the fiscal year 
1996 Department of Transportation and Related Agencies 
Appropriations Act for electric buses in Nashville, Tennessee 
shall be available for the purchase of alternatively fueled 
buses or bus-related facilities.
      Saint Barnard Parish, Louisiana.--The FTA is directed not 
to reprogram funds provided in the fiscal year 1996 Department 
of Transportation and Related Agencies Appropriations Act for 
an intermodal facility in Saint Barnard Parish, Louisiana. The 
conference agreement provides that this project shall be 
eligible for funding under section 5309(m)(1)(c) of title 49 
U.S.C.
      State of Tennessee.--Of the funds allocated to the State 
of Tennessee, $1,000,000 shall be for the City of Chattanooga 
for alternatively fueled buses.
      Commonwealth of Virginia.--The conference agreement 
includes $10,000,000 for the Commonwealth of Virginia for buses 
and bus facilities, of which $5,955,000 shall be distributed as 
follows: Falls Church electric bus and bus facilities, 
$400,000; Franconia-Springfield bus and bus facilities, 
$650,000; Manassas Transit Depot park and ride lot expansion, 
$280,000; Potomac and Rappahannock Transportation Commission 
fleet replacement, $1,600,000; Richmond Main Street Station, 
$2,000,000; Stringfellow Road/Interstate 66 park and ride lot 
improvements, $1,000,000; and Warrenton Circuit Rider, $25,000.
      State of Wisconsin.--The conference agreement includes 
$12,875,000 for the State of Wisconsin, of which $4,875,000 
shall be distributed as follows: $2,075,000 for the Appleton, 
Green Bay, Shawano, Menominee Tribe and Oneida Tribe; 
$1,000,000 for the LaCross, Onalaska, Prairie DuChien, Rice 
Lake, Viroqua and Ho Chuck Nation; $300,000 for Ashland, 
Chippewa Falls, Eau Claire, Ladysmith, Marchfield, Rhinelander, 
Rusk County, Stevens Point, Wausau and Wisconsin Rapids; 
$1,000,000 for the Milwaukee intermodal facility 
rehabilitation; and $500,000 for the Waukesha transit center. 
In addition, $4,000,000 is provided for Milwaukee County.
      New fixed guideway systems.--The conference agreement 
provides for the following distribution of the recommended 
funding for new fixed guideway systems as follows:
        Project                                               Conference
Alaska or Hawaii ferry projects.........................     $10,400,000
Albuquerque light rail project..........................       5,000,000
Atlanta-North Springs project...........................      52,110,000
Austin Capital metro project............................       1,000,000
Baltimore central downtown transit alternatives major 
    investment study....................................         500,000
Baltimore light rail double track project...............       1,000,000
Birmingham, Alabama alternatives analysis study and 
    preliminary engineering.............................       1,000,000
Boston North-South rail link project....................         500,000
Boston urban ring project...............................         750,000
Burlington-Essex, Vermont commuter rail project.........       2,000,000
Canton-Akron-Cleveland commuter rail project............       2,200,000
Charleston, South Carolina monobeam rail project........       2,200,000
Charlotte, North Carolina South-North corridor 
    transitway project..................................       3,000,000
Chicago Metro commuter rail extensions and upgrades 
    projects............................................       6,000,000
Chicago Transit Authority Ravenswood and Douglas branch 
    lines projects......................................       3,000,000
Cincinnati Northeast/Northern Kentucky rail line project       1,800,000
Clark County, Nevada fixed guideway project.............       4,000,000
Cleveland Berea Red Line extension to the Hopkins 
    International Airport project.......................       1,000,000
Cleveland Euclid corridor improvement project...........       2,000,000
Colorado-North Front Range corridor feasibility study...         500,000
Dallas-Fort Worth RAILTRAN project......................      12,000,000
DART North Central light rail extension project.........      16,000,000
Dayton, Ohio light rail study...........................       1,000,000
Denver Southwest Corridor project.......................      40,000,000
Denver Southeast Corridor multimodal corridor project...         500,000
Dulles corridor project.................................      17,000,000
Fort Lauderdale, Florida Tri-County commuter rail 
    project.............................................       4,000,000
Harrisburg, Pennsylvania capital area transit/corridor 
    one project.........................................       1,000,000
Hartford, Connecticut light rail project................       1,500,000
Honolulu, Hawaii major investment analysis of transit 
    alternatives........................................       3,000,000
Houston advanced regional transit program...............       2,000,000
Houston Regional Bus project............................      59,670,000
Johnson County; Kansas I-35 commuter rail project.......       1,000,000
Kansas City, Missouri commuter rail study...............         500,000
Kenosha-Racine-Milwaukee, Wisconsin commuter rail 
    project.............................................         500,000
King County, Washington Elliot Bay water taxi...........         250,000
Knoxville, Tennessee electric transit project...........       1,500,000
Largo, Maryland Metro Blue Line extension project.......       1,000,000
Long Island Railroad East Side access project, New York.      24,000,000
Little Rock, Arkansas Arkansas River rail project.......       1,000,000
Los Angeles MOS-3 project...............................      38,000,000
Massachusetts North Shore corridor project..............       1,000,000
MARC commuter rail project..............................      17,041,000
Maryland Route 5 corridor...............................       1,000,000
Memphis, Tennessee Medical Center rail extension project       2,200,000
Miami Metro-Dade Transit East-West corridor project.....       3,000,000
Miami Metro-Dade North 27th Avenue corridor project.....       3,000,000
Mid-City and East Side projects, Los Angeles............       8,000,000
Morgantown, West Virginia fixed guideway modernization 
    project.............................................       4,000,000
Nashville, Tennessee regional commuter rail project.....       1,000,000
New Jersey urban core Hudson-Bergen LRT project.........      70,000,000
New Jersey urban core Newark-Elizabeth rail link project       6,000,000
New London, Connecticut waterfront access project.......         500,000
New Orleans Canal Street corridor project...............      22,000,000
New Orleans Desire Streetcar project....................       2,000,000
Norfolk-Virginia Beach regional rail project............       8,000,000
Northeast Ohio commuter rail study, Phase 2.............         500,000
Northern Indiana South Shore commuter rail project......       3,000,000
Oceanside-Escondido passenger rail project..............       3,000,000
Old Saybrook-Hartford, Connecticut project..............         500,000
Omaha, Nebraska trolley system..........................       1,000,000
Orange County, California transitway project............       2,500,000
Orlando Lynx light rail project.........................      17,500,000
Philadelphia-Reading SEPTA Schuykill Valley Metro 
    project.............................................       3,000,000
Philadelphia SEPTA Cross County Metro project...........       1,000,000
Phoenix metropolitan area transit project...............       5,000,000
Pittsburgh Allegheny County Stage II light rail project.       4,000,000
Pittsburgh North Shore central business district transit 
    options MIS.........................................       1,000,000
Portland-Westside/Hillsboro project.....................      25,718,000
Puget Sound RTA Link light rail project.................       5,000,000
Puget Sound RTA Sounder commuter rail project...........      41,000,000
Raleigh-Durham-Chapel Hill Triangle Transit project.....      10,000,000
Sacramento south corridor LRT project...................      23,480,000
Salt Lake City South LRT project........................      70,000,000
Salt Lake City/Airport to University (West-East) light 
    rail project........................................       5,000,000
San Bernardino Metrolink extension project..............       1,000,000
San Diego Mid-Coast corridor project....................       2,000,000
San Diego Mission Valley East light rail transit project       1,500,000
San Francisco BART extension to the airport project.....      40,000,000
San Jacinto-Branch Line (Riverside County) project......         500,000
San Jose Tasman LRT project.............................      27,000,000
San Juan Tren Urbano....................................      20,000,000
Savannah, Georgia water taxi............................         500,000
Sioux City micro rail trolley system....................         250,000
South Boston Piers MOS-2 project........................      53,983,000
South Dekalb-Lindburgh corridor LRT project.............       1,000,000
Southeast Michigan commuter rail viability project......         200,000
Spokane, Washington light rail project..................       1,000,000
St. Louis-Jefferson City-Kansas City, Missouri commuter 
    rail project........................................         500,000
St. Louis-St. Clair LRT extension project...............      35,000,000
Stamford, Connecticut fixed guideway connector..........       1,000,000
Tampa Bay regional rail project.........................       1,000,000
Twin Cities Transitways project.........................      17,000,000
Virginia Rail Express Woodbridge station improvements 
    project.............................................       2,000,000
West Trenton, New Jersey rail project...................       1,000,000

      Birmingham, Alabama transit project.--The conference 
agreement provides $1,000,000 for an alternatives analysis 
study and preliminary engineering in Birmingham, Alabama. 
Birmingham is the most congested city in the state and has been 
declared an EPA nonattainment area.
      Charlotte, North Carolina South-North corridor transitway 
project.--The conference agreement includes $3,000,000 for the 
Charlotte, North Carolina South-North corridor transitway 
project, which extends 36.4 miles from Davidson, North Carolina 
to Interstate 485 near Pineville, North Carolina.
      Chicago Transit Authority Ravenswood and Douglas Branch 
lines.--The conferees have provided $3,000,000 for the Chicago 
Transit Authority's (CTA) Ravenswood and Douglas Branch lines. 
Funds are to be allocated to the individual projects at the 
discretion of the CTA. The conference agreement provides that, 
because of the nature of these projects, of the requirements of 
49 U.S.C. Sec. 5309(e), only sections 5309(e)(1)(C) and 
5309(e)(4) shall apply.
      Los Angeles MOS-3.--For fiscal year 1999, the conference 
agreement provides new appropriations of $38,000,000 for the 
North Hollywood segment, together with the $24,000,000 provided 
in the fiscal year 1998 Department of Transportation and 
Related Agencies Appropriations Act. In total, $62,000,000 
shall be available for North Hollywood construction in fiscal 
year 1999. In the conference report accompanying the fiscal 
year 1998 Department of Transportation and Related Agencies 
Appropriations Act, the conferees then directed that the funds 
appropriated for the Los Angeles Metro Rail project be made 
available only after the LACMTA satisfied certain conditions, 
including the development of a financially constrained rail 
recovery plan. The LACMTA has satisfied the relevant 
conditions, and in particular the FTA has accepted the MTA's 
recovery (restructuring) plan, the DOT Inspector General has 
concurred in that decision, and both the Inspector General and 
the GAO have commented favorably on the MTA's progress.
      The LACMTA is expected to provide quarterly reports 
during fiscal year 1999 to the FTA, the General Accounting 
Office, the Inspector General, and the House and Senate 
Committees on Appropriations that document the MTA's progress 
in implementing the recovery (restructuring) plan, and that 
specifically address: (1) the status, cost and funding sources 
for completing the North Hollywood extension of the MOS-3; (2) 
the status, cost and funding sources of current and planned 
activities (e.g., bus purchases) designed to comply with the 
bus consent decree; (3) the cost and funding sources for other 
capital and operating activities described in the plan, 
including the identification of any potential capital or 
operating shortfalls and strategies for addressing these 
shortfalls; and (4) the progress of the MTA's efforts to 
develop transportation alternatives for the Mid-City and East 
Side corridors.
      The recovery (restructuring) plan identifies federal, 
state, and local funding for the North Hollywood project, the 
bus consent decree, the Alameda Corridor, and other major 
capital and operating projects, but the plan also reflects 
capital and operating shortfalls over the six year period 
covered by the plan. The LACMTA is expected to adhere to the 
budgets and funding schedules established in the plan for the 
funding of major capital activities, particularly the North 
Hollywood project and the bus consent decree. If financial 
shortfalls occur in the future, it is expected that those 
shortfalls will be addressed in the context of other MTA 
capital projects. It is also expected that the MTA will, to the 
maximum extent feasible, implement the business plans 
identified in its fiscal year 1998-99 budget.
      Miami Metro-Dade Transit Agency Metrorail Palmetto 
extension project.--The FTA is directed to reprogram excess 
funds from the Miami Metromover Stage 1 project to the Palmetto 
extension project.
      Mid-City and East Side corridor projects, Los Angeles.--
The conference agreement provides $8,000,000 for continued 
development of transportation alternatives in the Mid-City and 
East Side corridors. None of the funds provided in this Act may 
be expended for construction of heavy rail subway envisioned in 
parts 1B and 1C of the full funding grant agreement.
      New Orleans Desire Streetcar project.--The conference 
agreement includes $2,000,000 for the New Orleans Desire 
Streetcar project. Within the funds appropriated, up to 
$500,000 shall be available for preliminary engineering and 
environmental assessments for an upriver extension of the New 
Orleans Riverfront Streetcar project.
      Portland-Westside/Hillsboro project.--The conference 
agreement includes $25,718,000 for the Portland-Westside/
Hillsboro project. Not more than $3,000,000 may be used for 
ongoing activities of the South-North light rail project.
      Salt Lake City/Airport to University (West-East) 
project.--The conference agreement includes language that 
provides that, for purposes of determining the local share for 
funding provided in this Act for the Salt Lake City/Airport to 
University (West-East) project, this project shall be 
considered to be a program of interrelated projects. The Senate 
proposed that funds provided in this Act and in the fiscal year 
1998 Department of Transportation and Related Agencies 
Appropriations Act for the Salt Lake City South LRT project and 
the Salt Lake City/Airport to University (West-East) project 
shall be considered to be a program of interrelated projects. 
The House bill contained no similar provision.
      San Bernardino, California MetroLink project.--The 
conference agreement provides $1,000,000 for the San Bernardino 
MetroLink project. Funds may be used to extend the MetroLink 
track one mile from the San Bernardino train station to a point 
opposite the San Bernardino stadium as well as for the Fontana 
siding project. Funding shall be allocated solely at the 
discretion of the Southern California Regional Rail Authority.
      The FTA is directed to make available funding provided 
for the San Bernardino MetroLink project in the fiscal year 
1998 Department of Transportation and Related Agencies 
Appropriations Act for activities related to track extensions 
from the San Bernardino train station.
      South Transitway project, Houston, Texas.--The FTA is 
directed to make funds in excess of the full funding grant 
agreement for Houston's South Transitway available for 
construction and related activities of segment five of the 
South Transitway.

                       mass transit capital fund

                (liquidation of contract authorization)

                          (highway trust fund)

      The conference agreement provides $2,000,000,000 in 
liquidating cash for mass transit capital programs, instead of 
$1,805,600,000 as proposed by both the House and the Senate. 
The liquidating cash in the Mass Transit Capital Fund will be 
used to pay previous obligations in the trust-funded 
Discretionary Grants account.

                          discretionary grants

               (highway trust fund, mass transit account)

                 (Rescission of contract authorization)

      The conference agreement includes under separate title 
the rescission of $392,000,000 in contract authorization as 
proposed by the Senate. The House proposed no similar 
rescission.

                 job access and reverse commute grants

      The conference agreement includes a total program level 
of $75,000,000 for job access and reverse commute grants. 
Within this total, the conference agreement appropriates 
$35,000,000 from the general fund. The conference agreement 
provides that the general fund appropriation shall be available 
until expended.
      The conference agreement deletes the Senate references of 
set-asides within the FTA's job access and reverse commute 
grants program. However, the conferees are concerned about the 
lack of transportation access in many rural areas for welfare 
recipients and persons with lower incomes. According to a 
recent Community Transportation Association of America survey, 
two of every five rural counties have no public transportation 
whatsoever. Another 25 percent of the rural counties had 
service equal to one trip per month. Therefore, within the 
$10,000,000 allocated for non-urban areas in section 
3037(l)(3)(C) of Public Law 105-178, the conferees direct that 
the FTA shall give high priority to applications that address 
the transportation access needs of counties that are not served 
or are underserved by public transportation systems. The FTA 
shall take into consideration factors identified in the 
program's authorization, including: the percentage of 
population that are welfare recipients; the need for 
transportation services to move people from their homes to 
employment centers; and coordination with existing 
transportation providers and other agencies providing 
transportation assistance.
      The Chicago area transportation system is directed to 
work with the Regional Transportation Authority, Metra, the 
Chicago Transit Authority, the Northeastern Illinois Regional 
Planning Commission and members of the public to study and 
report on the feasibility, costs, and benefits of building 
additional Metra stops at the points Metra tracks either cross 
or are near Chicago Transit Authority tracks and where Metra 
stations can be better connected to each other or to urban 
passengers.
      The FTA is directed to publish in the Federal Register by 
February 28, 1999 its selection of Job Access and Reverse 
Commute applications in each authorized award category and 
within each award category. In this award announcement, FTA 
shall specify the amounts awarded applicants that represent 
general reverse commute grant projects. The FTA shall also 
specify which awards reflect applications where proposed 
services are located in counties which are without public 
transportation services or which are significantly underserved.

             washington metropolitan area transit authority

      The conference agreement provides $50,000,000 to complete 
the construction of the Washington, D.C. Metrorail system as 
proposed by both the House and the Senate. This appropriation 
concludes the federal share of the costs to construct the 
Metrorail system.

             Saint Lawrence Seaway Development Corporation

                       operations and maintenance

                    (harbor maintenance trust fund)

      The conference agreement appropriates $11,496,000 for 
operations and maintenance of the Saint Lawrence Seaway 
Development Corporation as proposed by both the House and the 
Senate. The only specified reduction from the budget estimate 
is a decrease in the annual pilotage function costs, which was 
included in both the House and Senate bills.

              Research and Special Programs Administration

                     research and special programs

      The conference agreement appropriates $29,280,000 for 
research and special programs instead of $34,379,000 as 
proposed by the House and $29,000,000 as proposed by the 
Senate. Within this total, $3,460,000 is available until 
September 30, 2001, as proposed by the Senate instead of 
$8,460,000 as proposed by the House. The House bill provided 
$5,000,000 for the advanced vehicle technologies program. This 
funding is included elsewhere in the conference agreement. The 
following adjustments were made to the budget estimate:

Increase funding for hazardous materials research and 
    development.........................................       +$200,000
Slight reduction in research and technology program.....        -175,000
Delete funding for Garrett Morgan program...............        -200,000
Slight reduction IRM contract support...................         -75,000
Delete funding for electronic grants project............        -100,000
Delete funding for acquisition training resources.......         -25,000
                    --------------------------------------------------------
                    ____________________________________________________
    Net adjustment to budget estimate...................       -$375,000

      Bill language is retained that permits up to $1,200,000 
in fees be collected and deposited in the general fund of the 
Treasury as offsetting receipts. Also, bill language is 
included that permits funds received from States, counties, 
municipalities, other public authorities and private sources 
for expenses incurred for training, reports publication and 
dissemination, and travel expenses incurred in the performance 
of hazardous materials exemptions and approval functions. Both 
of these provisions were contained in the House and Senate 
bills.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

      The conference agreement provides total funding of 
$33,248,000 for the pipeline safety program, instead of 
$33,448,000 as proposed by the House and$32,500,000 as proposed 
by the Senate. Within this total, $16,219,000 is available until 
September 30, 2001 instead of $16,919,000 as proposed by both the House 
and the Senate.
      In addition, $1,400,000 has been provided from the 
reserve fund for one-call notification, public education and 
damage control activities, instead of $1,300,000 for one-call, 
public education and emergency notification activities as 
proposed by the House and $1,659,000 for one-call activities 
and some contract programs as proposed by the Senate. The 
following table reflects the total allocation for pipeline 
safety in fiscal year 1999:

----------------------------------------------------------------------------------------------------------------
                                                                          Oil Spill
                     Budget activity                        Pipeline      Liability   Reserve fund      Total
                                                           Safety Fund   Trust Fund        \1\
----------------------------------------------------------------------------------------------------------------
Personnel, compensation, and benefits...................    $7,947,000      $260,000  ............   $8,207,000
Operating expenses......................................     3,613,000        45,000  ............    3,658,000
Information systems.....................................       800,000       400,000  ............    1,200,000
Risk assessment and technical studies...................       800,000       400,000  ............    1,200,000
Compliance..............................................       200,000       100,000  ............      300,000
Training and information dissemination..................       821,000       100,000  ............      921,000
Emergency notification..................................       100,000  ............  ............      100,000
Public education and damage control.....................  ............  ............     (400,000)     (400,000)
Oil Pollution Act.......................................  ............     2,443,000  ............    2,443,000
Research and development................................     1,719,000  ............  ............    1,719,000
State grants............................................    12,500,000       500,000  ............   13,000,000
Risk management.........................................       500,000  ............  ............      500,000
One-call notification...................................  ............  ............   (1,000,000)   (1,000,000)
                                                         -------------------------------------------------------
      Total.............................................    29,000,000     4,248,000   (1,400,000)  34,648,000
----------------------------------------------------------------------------------------------------------------
\1\ Funding derived from the reserve fund is not included in the subtotal because it is not directly
  appropriated.

      Budget submissions for fiscal year 2000.--For the past 
two years, the department has submitted a budget estimate that, 
in total, is below the authorized levels but exceeds the 
authorized levels for fees. The department is directed to 
submit a fiscal year 2000 budget estimate that falls within the 
authorized levels, both in their components (Pipeline Safety 
Fund, Oil Spill Liability Trust Fund, and reserve account) and 
in total.
      Recently enacted legislation authorizing appropriations 
for improving one-call notification systems (section 6107 of 
title 49) prohibits the use of interstate pipeline user fees to 
fund this promising new program. Future budgets submitted by 
the department shall allocate funding for this program from 
general revenues.
      Public education.--The conference agreement has increased 
funding for public education to $400,000. The additional funds 
shall be used for two purposes: (1) to provide funds that will 
be used to leverage private sector funds to advance the 
national one-call campaign and (2) to conduct a new joint 
public meeting with the NTSB on one-call systems.

                     Emergency Preparedness Grants

                     (emergency preparedness fund)

      The conference agreement provides $200,000 for emergency 
preparedness grants as proposed by both the House and the 
Senate. Also, bill language is included that limits obligations 
for emergency preparedness to $11,000,000 as proposed by the 
Senate instead of $9,600,000 as proposed by the House.

                      Office of Inspector General

                         Salaries and Expenses

      The conference agreement provides $43,495,000 for the 
office of inspector general as proposed by the House instead of 
$42,720,000 as proposed by the Senate. The conference agreement 
directs the Inspector General not to initiate new audits or 
analyses which are expected to exceed $750,000 in cost without 
prior notification to the House and Senate Committees on 
Appropriations.

                      Surface Transportation Board

                         Salaries and Expenses

      The conference agreement appropriates $16,000,000 for 
salaries and expenses of the Surface Transportation Board as 
proposed by the House instead of $13,853,000 as proposed by the 
Senate. In addition, the conference agreement includes language 
proposed by the House that allows the Board to offset 
$2,600,000 of its appropriation from fees collected during the 
fiscal year. The Senate bill allowed the Board to collect 
$2,000,000 in fees to augment its appropriation. Any fees 
received in excess of $2,600,000 in fiscal year 1999 shall not 
be available for obligation until October 1, 1999, as proposed 
by the House. The Senate bill proposed that fees in excess of 
$2,000,000 shall not be available until October 1, 1999.

                       TITLE II--RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board

                         salaries and expenses

      The conference agreement appropriates $3,847,000 for 
expenses of the Architectural and Transportation Barriers 
Compliance Board as proposed by both the House and Senate.

                  National Transportation Safety Board

                         Salaries and Expenses

      The conference agreement appropriates $53,473,000 for 
salaries and expenses of the National Transportation Safety 
Board as proposed by the Senate instead of $53,300,000 as 
proposed by the House. Per diem rates are authorized at the GS-
15 level as proposed by the House instead of at the GS-18 level 
as proposed by the Senate.
      TWA flight 800 accident investigation.--To further assist 
and support the State of New York with the costs incurred 
during the investigation of the TWA flight 800 accident, the 
conferees require the NTSB to issue its draft report and allow 
the state and localities an opportunity to address the cost 
issues.

                             Emergency Fund

      The conference agreement provides $1,000,000 to the 
National Transportation Safety Board's emergency fund, as 
proposed by both the House and the Senate. Language proposed by 
the Senate to expand the emergency fund to include costs 
associated with family assistance activities is not included. 
Per diem rates are authorized at the GS-15 level as proposed by 
the House instead of at the GS-18 level as proposed by the 
Senate.

                     TITLE III--GENERAL PROVISIONS

                     (INCLUDING TRANSFERS OF FUNDS)

      Sec. 301 allows funds for aircraft; motor vehicles; 
liability insurance, uniforms, or allowances, as authorized by 
law as proposed by both the House and Senate.
      Sec. 302 requires pay raises to be funded within 
appropriated levels in this Act or previous appropriations Acts 
as proposed by both the House and Senate.
      Sec. 303 allows funds for expenditures for primary and 
secondary schools and transportation for dependents of Federal 
Aviation Administration personnel stationed outside the 
continental United States as proposed by both the House and 
Senate.
      Sec. 304 limits appropriations for services authorized by 
5 U.S.C. 3109 to the rate for an executive level IV as proposed 
by both the House and Senate.
      Sec. 305 prohibits funds in this Act for salaries and 
expenses of more than 100 political and Presidential appointees 
in the Department of Transportation instead of 91 political and 
Presidential appointees as proposed by the Senate and 88 
political and Presidential appointees as proposed by the House. 
Sec. 305 also includes a provision as proposed by both the 
Senate and House that prohibits political and Presidential 
personnel to be assigned on temporary detail outside the 
Department of Transportation.
      Sec. 306 prohibits pay and other expenses for non-Federal 
parties in regulatory or adjudicatory proceedings funded in 
this Act as proposed by both the House and Senate.
      Sec. 307 prohibits obligations beyond the current fiscal 
year and prohibits transfers of funds unless expressly so 
provided herein as proposed by both the House and Senate.
      Sec. 308 allows the Secretary of the Department of 
Transportation to enter into grants, cooperative agreements, 
and other transactions involving the Technology Reinvestment 
Project as proposed by both the House and Senate.
      Sec. 309 limits consulting service expenditures of public 
record in procurement contracts as proposed by both the House 
and Senate.
      Sec. 310 pertains to the distribution of the Federal-aid 
highways obligation authority as proposed by the Senate. The 
House proposed no similar provision.
      Sec. 311 exempts previously made transit obligations from 
limitations on obligations as proposed by the Senate. The House 
proposed exempting previously made transit obligations under 
the discretionary grants program from limitations on 
obligations.
      Sec. 312 prohibits funds for the National Highway Safety 
Advisory Commission as proposed by both the House and Senate.
      Sec. 313 prohibits funds to establish a vessel traffic 
safety fairway less than five miles wide between Santa Barbara 
and San Francisco traffic separation schemes as proposed by 
both the House and Senate.
      Sec. 314 allows airports to transfer to the Federal 
Aviation Administration instrument landing systems as proposed 
by both the House and Senate.
      Sec. 315 deletes the word ``or'' before ``(2) includes'' 
proposed by the Senate. Sec. 315 prohibits funds to award 
multiyear contracts for production end items that include 
certain specified provisions as proposed by both the House and 
Senate.
      Sec. 316 allows the State of Alaska to utilize allocated 
highway funds for projects of international origin or 
implications as proposed by the Senate. The House proposed no 
similar provision.
      Sec. 317 allows funds for discretionary grants of the 
Federal Transit Administration for specific projects, except 
for fixed guideway modernization projects, not obligated by 
September 30, 2001, and other recoveries to be used for other 
projects under 49 U.S.C. 5309 as proposed by the Senate instead 
of allowing funds for discretionary grants not obligated by 
September 30, 2001, as proposed by the House.
      Sec. 318 allows transit funds appropriated before October 
1, 1998, and that remain available for expenditure to be 
transferred as proposed by both the House and Senate.
      Sec. 319 prohibits funds to compensate in excess of 350 
technical staff-years under the federally funded research and 
development contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems 
Development as proposed by both the House and Senate.
      Sec. 320 reduces funding by $15,000,000 for activities of 
the transportation administrative service center of the 
Department of Transportation and limits obligation authority of 
the center to $109,124,000. The House proposed reducing funding 
by $20,000,000 for activities of the center and limiting 
obligation authority to $89,124,000. The Senate proposed 
reducing funding by $17,247,000 for activities of the center 
and limiting obligation authority to $165,215,000.
      Sec. 321 allows funds received by the Federal Highway 
Administration, Federal Transit Administration, and the Federal 
Railroad Administration from States, counties, municipalities, 
other public authorities, and private sources for expenses 
incurred for training to be credited to each agency's 
respective accounts as proposed by the House. The Senate 
proposed allowing funds received by only the Federal Highway 
Administration and the Federal Railroad Administration.
      Sec. 322 prohibits funds to be used to prepare, propose, 
or promulgate any regulation pursuant to title V of the Motor 
Vehicle Information and Cost Savings Act prescribing corporate 
average fuel economy standards for automobiles as defined in 
such title, in any model year that differs from standards 
promulgated for such automobiles prior to enactment of this 
section as proposed by the House. The Senate proposed no 
similar provision.
      Sec. 323 conveys Coast Guard lights in Tangipahoa Parish 
and Madisonville in Louisiana to non-federal parties as 
proposed by the House. The Senate proposed no similar 
provision.
      Sec. 324 prohibits the use of funds to promulgate or 
enforce any regulation that has the effect of requiring two 
attendants during unloading of liquefied compressed gases as 
proposed by the Senate. The House proposed no similar 
provision.
      Sec. 325 allows funds received by the Bureau of 
Transportation Statistics to be subject to the obligation 
limitation for Federal-aid highways and highway safety 
construction as proposed by the House instead of such funds not 
being subject to the obligation limitation as proposed by the 
Senate.
      Sec. 326 prohibits the use of funds for any type of 
training which: (1) does not meet needs for knowledge, skills, 
and abilities bearing directly on the performance of official 
duties; (2) could be highly stressful or emotional to the 
students; (3) does not provide prior notification of content 
and methods to be used during the training; (4) contains any 
religious concepts or ideas; (5) attempts to modify a person's 
values or lifestyle; or (6) is for AIDS awareness training, 
except for raising awareness of medical ramifications of AIDS 
and workplace rights as proposed by the House. The Senate 
proposed no similar provision.
      Sec. 327 prohibits the use of funds in this Act for 
activities designed to influence Congress on legislation or 
appropriations except through proper, official channels as 
proposed by both the House and Senate.
      Sec. 328 limits necessary expenses of advisory committees 
to $1,000,000 of the funds provided in this Act to the 
Department of Transportation as proposed by both the House and 
Senate. The conference agreement also includes a new provision 
that excludes advisory committees established for conducting 
negotiated rulemaking in accordance with the Negotiated 
Rulemaking Act or the Coast Guard's advisory council on roles 
and missions from the limitation.
      Sec. 329 provides authority to mitigate leaking 
aboveground storage tanks in Alaska as proposed by the Senate. 
The House proposed no similar provision.
      Sec. 330 prohibits funds to be used for conducting the 
activities of the Surface Transportation Board other than those 
appropriated or from fees collected by the Board as proposed by 
both the House and Senate.
      Sec. 331 requires compliance with the Buy American Act as 
proposed by both the House and Senate.
      Sec. 332 allows receipts collected from users of 
Department of Transportation fitness centers to be available to 
support operation and maintenance of those facilities as 
proposed by both the House and Senate.
      Sec. 333 prohibits funds to implement or enforce 
regulations that would result in slot allocations of 
international operations to any carrier at O'Hare International 
Airport in excess of the number of slots allocated to and 
scheduled by that carrier as of October 31, 1993, if that slot 
is withdrawn from an air carrier under existing regulations as 
proposed by the House. The Senate proposed no similar 
provision.
      Sec. 334 limits the number of communities that receive 
essential air service funding by excluding points in the 48 
contiguous United States that are located 70 highway miles from 
the nearest large or medium hub airport, or that require a 
subsidy in excess of $200 per passenger, unless such a point is 
more than 210 miles from the nearest large or medium hub 
airport as proposed by both the House and Senate.
      Sec. 335 credits to appropriations of the Department of 
Transportation rebates, refunds, incentive payments, minor fees 
and other funds received by the Department from travel 
management centers, charge card programs, the subleasing of 
building space, and miscellaneous sources as proposed by both 
the House and Senate. Such funds received shall be available 
until December 31, 1999.
      Sec. 336 authorizes the Secretary of Transportation to 
allow issuers of any preferred stock to redeem or repurchase 
preferred stock sold to the Department of Transportation as 
proposed by the House. The Senate proposed no similar 
provision.
      Sec. 337 rescinds unobligated balances of funds made 
available in previous appropriations Acts for the National 
Civil Aviation Review Commission and for Urban Mass 
Transportation Administration's ``Urban discretionary grants'' 
as proposed by the House. The Senate proposed no similar 
provision.
      Sec. 338 conveys land from the former Coast Guard reserve 
training facility in Jacksonville, Florida, to non-federal 
parties as proposed by the House. The Senate proposed no 
similar provision.
      Sec. 339 provides $250,000 for activities and operations 
of a Centennial of Flight Commission as proposed by the House. 
The Senate proposed no similar provision.
      Sec. 340 requires the Secretary to waive repayment of any 
federal-aid highway funds expended on the construction of high 
occupancy lanes or auxiliary lanes on I-287 in the State of New 
Jersey. Similar but differing provisions were proposed by the 
House and Senate.
      Sec. 341 authorizes the conveyance of Coast Guard Station 
Ocracoke in North Carolina to the State of North Carolina as 
proposed by the Senate. The House proposed no similar 
provision.
      Sec. 342 allows funds appropriated in this or any other 
Act intended for highway demonstration projects, railroad-
highway crossing demonstration projects or railroad relocation 
projects in Augusta, Georgia, to be available for other 
projects in Augusta, Georgia, as proposed by the Senate. The 
House proposed that only previously appropriated funds for a 
railroad-highway crossing project in Augusta, Georgia, be 
available for other projects in Augusta, Georgia.
      Sec. 343 prohibits the Coast Guard from enforcing 
regulations regarding animal fats and vegetable oils as 
proposed by both the House and Senate.
      Sec. 344 makes emergency railroad rehabilitation and 
repair funding available for natural disasters occurring from 
September 1996 through July 10, 1998 as proposed by the House. 
The Senate proposed no similar provision.
      Sec. 345 requires the Administrator of the Federal 
Highway Administration and other participating federal agencies 
to consider certain alternatives in evaluating environmental 
impacts of the toll road in Orange and San Diego counties, 
California. The provision also requires the Administrator of 
the Federal Highway Administration to retain and exercise all 
authority regarding the environmental impact statement and 
record ofdecision regarding the toll road. The House proposed 
requiring only the Administrator of the Federal Highway Administration 
to consider certain alternatives in evaluating environmental impacts of 
the toll road in Orange and San Diego counties, California. The Senate 
proposed no similar provision. This provision is necessary given the 
unique nature of this project.
      Sec. 346 provides for the conveyance of a decommissioned 
Coast Guard vessel to the University of South Alabama that is 
determined to be appropriate by the Commandant and the 
University as proposed by the House. The Senate proposed no 
similar provision.
      Sec. 347 amends item 1132 of Public Law 105-178 by 
striking ``Pirate Cove'' and inserting ``Pirates' Cove and 4-
lane connector to Mississippi Highway 468'' as proposed by both 
the House and Senate.
      Sec. 348 conveys the Coast Guard Long Branch Rear Range 
Light in Jacksonville, Florida, to Jacksonville University as 
proposed by the House. The Senate proposed no similar 
provision.
      Sec. 349 appropriates $450,000 for necessary expenses of 
the Amtrak Reform Council, to remain available until September 
30, 2000, as proposed by both the House and Senate. Both the 
House and Senate proposed funding through the Office of the 
Secretary; however, consistent with the Amtrak Reform and 
Accountability Act authorization (Public Law 105-134), the 
conference agreement provides these funds as a separate 
appropriation. The duties of the Amtrak Reform Council are 
expanded in the provision, as proposed by the Senate, to 
include the identification of Amtrak routes which are 
candidates for closure or realignment in the Council's annual 
report to Congress, which is required in section 203(h) of 
Public Law 105-134. The Department of Transportation is 
expected to provide the ARC with administrative support, 
consisting of space, telecommunications, computers, and 
supplies. This support shall be provided without cost to the 
ARC. Sec. 349 also prohibits the use of funds for payment to 
outside consultants as proposed by both the House and Senate.
      Sec. 350 provides a complete waiver from the application 
of all federal statutes for any project to construct new 
entrances and exits between existing exits 57 and 58 on 
Interstate 495 in Suffolk County, New York. The scope of the 
waiver in the provision, which states that ``the Secretary 
shall approve and the State of New York is authorized to 
proceed with final design, engineering, and construction'', 
means that notwithstanding all federal statutes not otherwise 
determined in the provision to apply, the state may proceed 
with all remaining phases of the project. No other federal 
agency approval or permit is required unless such approval or 
permit is specified in the provision. The phrase ``the 
Secretary shall approve'' means that the Secretary of 
Transportation may only approve the plans, specifications and 
engineering for the project and release funding for the 
project. The phrase was included to ensure that the Secretary 
would approve any application for releasing a request for 
funding for the project since he has a unique responsibility 
among all federal agencies with respect to a highway project to 
approve funding. It should not be read to give other federal 
agencies authority over the project indirectly by any authority 
they might otherwise have with respect to decisions of the 
Secretary, nor should the phrase in any way be construed to 
permit other federal agencies authority over the project since 
their involvement in the project is waived unless specifically 
reserved. The provision specifically permits the Secretary to 
review any final design of such project. This is intended to 
ensure that the project meets design and geometric criteria for 
the Interstate system. The New York State Department of 
Transportation will be the agency responsible for the planning, 
design and construction of the project. All State laws shall 
still apply. The Senate proposed a similar provision. The House 
proposed no similar provision. This provision is necessary 
given the unique nature of this project.
      Sec. 351 provides that bumper standards are within the 
National Highway Traffic Safety Administration's exemption 
discretion for case-by-case determinations as proposed by the 
Senate. The House proposed no similar provision.
      Sec. 352 provides funds for the Transportation Research 
Institute at the University of Alabama in Tuscaloosa, Alabama. 
The House and Senate proposed no similar provision.
      Sec. 353 allows discretionary bus funds in this Act and 
funds previously made available for the Virtual Transit 
Enterprise integration of information project in South Carolina 
to be used for any aspect of the project instead of allowing 
only discretionary bus funds previously made available as 
proposed by the Senate. The House proposed no similar 
provision.
      Sec. 354 amends Public Law 105-178 to allow the State of 
Vermont to utilize the State's transit formula funds for Amtrak 
capital investment and operating support as proposed by the 
Senate. The House proposed no similar provision.
      Sec. 355 clarifies the Delaware River Port Authority toll 
collection authority as proposed by the Senate. The House 
proposed no similar provision.
      Sec. 356 amends Public Law 105-178 to provide the states 
of Idaho, Alaska, and West Virginia highway project funding 
flexibility within the state instead of providing the states of 
West Virginia and Idaho highway project funding flexibility as 
proposed by the Senate. The House proposed no similar 
provision.
      Sec. 357 allows Economic Development Administration funds 
obligated and awarded in fiscal year 1994 to the City of 
Pittsburg, Kansas to be disbursed to the City in accordance 
with the project description in the award documents. The House 
and Senate proposed no similar provision.
      Sec. 358 allows funding provided in a previous 
appropriations Act to be used for the Saint Barnard Parish 
intermodal facility in Louisiana. The House and Senate proposed 
no similar provision.
      Sec. 359 authorizes the Secretary of Transportation to 
transfer appropriations among the offices of the Office of the 
Secretary. The House and Senate proposed no similar provision.
      Sec. 360 amends section 3027 of Public Law 105-178 to 
allow transit providers of services to the elderly and disabled 
that operate 20 or fewer vehicles and are located in urbanized 
areas with a population of at least 200,000 to use federal 
funds to finance up to $1,000,000 of the operating costs of 
equipment and facilities annually. The House and Senate 
proposed no similar provision.
      Sec. 361 provides the Commonwealth of Virginia with 
exclusive authority to determine the high-occupancy vehicle 
restrictions on Interstate Highway 66 in Virginia. In the 
coming years, commuters in Northern Virginia will see 
additional congestion associated with improvements to 
Interstate 66, the Woodrow Wilson Bridge and the Interstate 95 
and Capital Beltway ``Mixing Bowl'' interchange. As a result, 
the Commonwealth will require the flexibility to determine 
high-occupancy vehicle requirements on Interstate Highway 66. 
The House and Senate proposed no similar provision.
      Sec. 362 prohibits funds to be used to issue a final 
standard under docket number NHTSA 98-3945 (relating to section 
656(b) of the IllegalImmigration Reform and Responsibility Act 
of 1996). The House and Senate proposed no similar provision.
      Sec. 363 amends section 1602 of Public Law 105-178 
relating to construction of a multimodal transportation 
corridor along GA 400 in Georgia. The House and Senate proposed 
no similar provision.
      Sec. 364 allows the State of Georgia to use federal 
transportation funds to retrofit sound barriers along 
Interstate 20 in Atlanta, Georgia. The House and Senate 
proposed no similar provision.
      Sec. 365 provides a complete waiver from the application 
of federal environmental statutes to the specified project for 
the East Foley corridor highway project between Baldwin County 
Highway 20 and State Highway 59 in the State of Alabama. The 
scope of the waiver in the provision, which states that ``the 
Secretary shall approve and the State of Alabama is authorized 
to proceed with construction'', means notwithstanding all 
federal statutes not otherwise determined in the provision to 
apply, the state may proceed with all remaining phases of the 
project. No other federal agency approval or permit is required 
unless such approval or permit is specified in the provision. 
In this provision, all federal requirements which do not relate 
to federal environmental laws, such as disadvantaged business 
enterprise requirements or the Davis-Bacon Act, are reserved 
and shall still apply to the project. The phrase ``the 
Secretary shall approve'' means that the Secretary of 
Transportation may only determine if all other federal non-
environmental statutes are being complied with. If he makes 
such a determination, then the Secretary shall approve the 
plans, specifications and engineering for the project and 
release funding for the project. The phrase was included to 
ensure that the Secretary would approve any application for 
releasing a request for funding for the project since he has a 
unique responsibility among all federal agencies with respect 
to a highway project to approve funding. It should not be read 
to give other federal agencies authority over the project 
indirectly by an authority they might otherwise have with 
respect to decisions of the Secretary, nor should the phrase in 
any way be construed to permit other federal agencies authority 
over the project since their involvement in the project is 
waived unless specifically reserved. Finally, the provision 
provides that environmental reviews already performed by the 
Alabama Department of Environmental Management and the Mobile 
District of the U.S. Army Corps of Engineers satisfy all 
federal environmental laws. Any analysis and mitigation 
measures provided in those reviews, but no others, must remain 
in effect. The House and Senate proposed no similar provision. 
This provision is necessary given the unique nature of this 
project.
      Sec. 366 amends high priority project number 1083 of 
Public Law 105-178 related to the Winters Freeway in Abilene, 
Texas. The House and Senate proposed no similar provision.
      Sec. 367 allows the State of Minnesota to obligate funds 
apportioned pursuant to section 117 of title 23, United States 
Code, for highway projects in St. Paul, Minnesota. The House 
and Senate proposed no similar provision.
      Sec. 368 amends item number 577 in section 1602 of Public 
Law 105-178 to provide funds to improve marine dry dock and 
facilities in Ketchikan, Alaska. The House and Senate proposed 
no similar provision.
      Sec. 369 amends section 5117(b)(6) of Public Law 105-178 
to provide grants to the Commonwealth of Pennsylvania to 
establish an advanced traffic monitoring and response center. 
The House and Senate proposed no similar provision.
      Sec. 370 amends Public Law 105-178 regarding intelligent 
transportation system projects in the Commonwealth of 
Pennsylvania. The House and Senate proposed no similar 
provision.
      Sec. 371 conveys land held by the United States Coast 
Guard to the town of New Castle, New Hampshire, while retaining 
such easements and rights-of-way as the Commandant considers 
necessary to protect the interests of the United States. The 
House and Senate proposed no similar provision.
      Sec. 372 prohibits the Department of Transportation from 
creating ``peanut-free'' zones aboard domestic aircraft or 
otherwise implementing its interpretation of regulations 
governing this matter until 90 days after submission to the 
Congress and the Secretary of a peer-reviewed scientific study 
that determines that there are severe reactions by passengers 
to peanuts as a result of contact with very small airborne 
peanut particles of the kind that passengers might encounter in 
an aircraft. The Department is also directed to study the 
impact of all allergens which air passengers may come into 
contact with during flights and to develop alternative 
methodologies to mitigate the potential impact of allergens on 
susceptible, or ``at-risk'', air travelers, including requiring 
supervision of small children with life-threatening allergies. 
The conferees are concerned with the Department's recent 
interpretation of the Air Carrier Access Act, pursuant to 14 
CFR Part 382. The Department has taken the position that in 
certain circumstances, airlines should be required to provide 
``peanut-free'' buffer zones on certain flights, despite the 
fact that, out of the hundreds of millions of air travelers 
each year, there has not been a single confirmed report of a 
peanut allergy-related incident on a domestic air carrier. The 
Department's actions place an undue burden on the airline 
industry, unnecessarily restrict the rights of air travelers, 
and pose serious economic consequences to American workers 
employed in the domestic peanut industry. The conferees are 
concerned that the Department has taken this action without any 
scientific justification to support its position. Nothing in 
this provision should be interpreted to limit efforts by air 
carriers to protect passengers with severe allergies through 
self-directed means. If, upon the submission of the above-
mentioned study, the Secretary determines that further advisory 
or regulatory action is warranted, the conferees expect the 
Secretary to consult extensively with air carriers, the peanut 
industry, medical specialists, and concerned citizen groups 
before taking such action.
      Sec. 373 amends Public Law 105-178 to require 
consultation with local government officials in Wisconsin on an 
interstate substitution project in Milwaukee, Wisconsin. The 
House proposed no similar provision.
      The conference agreement deletes the House provision that 
establishes a blue-ribbon panel to study the future capital 
requirements, roles, and missions of the Coast Guard. The 
Senate proposed no similar provision.
      The conference agreement deletes the House provision that 
prohibits funds for improvements to the Miller Highway in New 
York City except for funds resulting from obligations pursuant 
to sections 1601 and 1602 of Public Law 105-178. The conference 
agreement also deletes the Senate provision that provides that 
the funds within Public Law 105-178 for Miller Highway in New 
York City shall be available to the State of New York subject 
to the State and local planning and environmental review 
process.
      The conference agreement deletes the Senate provision 
that requires Amtrak to publish the national average per 
passenger loss on each ticket sold; requires commercial 
airlines to display on each ticket sold a per passenger subsidy 
rate based on the general treasury funds appropriated to the 
Federal Aviation Administration and number of seats sold in 
fiscal year 1997; and requires the Federal Highway 
Administration to ensure the placement of signs on federal-aid 
highways that display the total general fund appropriation 
provided by the federal government for State and local highway 
construction and maintenance in fiscal year 1997. The House 
proposed no similar provision.
      The conference agreement deletes the Senate provision 
that provides that the Secretary of Transportation shall enter 
into agreements with the New York State Department of 
Transportation that would allow automotive service stations or 
other commercial establishments for serving motor vehicle users 
to be sited and constructed in the vicinity of exit 51 and 
either exit 66, 67, or 68 of the Long Island Expressway 
(Interstate 495) in Suffolk County. The House proposed no 
similar provision.
      The conference agreement deletes the Senate provision 
that provides that of the funds made available for capital 
investment grants $20,000,000 is provided for the Norfolk-
Virginia Beach corridor project; $1,500,000 is provided for the 
Massachusetts North Shore Corridor project; $5,000,000 is 
provided for the San Diego Mission Valley and Mid-Coast 
corridor projects; $3,300,000 is provided for the Hartford, 
Connecticut light rail project; $200,000 is provided for the 
Southeast Michigan commuter rail viability study; $2,000,000 is 
provided for major investment analysis of Honolulu transit 
alternatives; $2,700,000 is provided for the Stamford, 
Connecticut fixed guideway connector; $3,500,000 is provided 
for the Providence-Boston commuter rail project; and $500,000 
is provided for the Old Saybrook-Hartford rail extension 
project. The House proposed no similar provision.
      The conference agreement deletes the Senate provision 
that amends Public Law 96-487 to permit the use of helicopters 
in Alaskan wilderness areas. The House proposed no similar 
provision.
      The conference agreement deletes without prejudice the 
Senate provision clarifying that the Reno Transportation 
Corridor project is eligible for assistance under the 
Transportation Infrastructure Finance and Innovation (TIFIA) 
program under section 1503 of Public Law 105-178. The Federal 
Highway Administrator has confirmed through correspondence that 
this project is eligible for such assistance. This meritorious 
project and other rail-highway crossing mitigation projects 
should be considered for loan financing under the TIFIA 
program. The House proposed no similar provision.
      The conference agreement deletes the Senate provision 
that prohibits smoking on scheduled domestic and foreign 
airline flight segments taking off from or landing in the 
United States. The House proposed no similar provision.
      The conference agreement deletes the Senate provision 
that allows for intra-state transportation of agricultural 
production materials under State hazardous material 
transportation laws that are inconsistent with federal 
hazardous material transportation laws in fiscal year 1999 
only. The House proposed no similar provision.
      The conference agreement deletes the Senate provision 
that requires the National Transportation Safety Board to 
reimburse the State of New York and local counties in New York 
for certain costs associated with the crash of TWA flight 800. 
The House proposed no similar provision.
      The conference agreement deletes the Senate provision 
that requires the Secretary of Transportation to ensure that 
there is sufficient signage directing visitors to cemeteries of 
the National Cemetery System. The House proposed no similar 
provision.
      The conference agreement deletes the Senate provision 
that provides for the expedited judicial review to ensure 
constitutionality of the disadvantaged business enterprise 
program in Public Law 105-178. The House proposed no similar 
provision.

                   conference total--with comparisons

      The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998... $12,725,298,766
Budget estimates of new (obligational) authority, fiscal 
    year 1999...........................................  13,415,171,000
House bill, fiscal year 1999............................  13,739,599,900
Senate bill, fiscal year 1999...........................  13,721,823,569
Conference agreement, fiscal year 1999..................  13,736,889,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998..............................................  +1,011,590,234
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................    +321,718,000
    House bill, fiscal year 1999........................      -2,710,900
    Senate bill, fiscal year 1999.......................     +15,065,431





  SECTION 101(h): TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 
                                  1999

      The conferees on H.R. 4328 agree with the matter inserted 
in this subsection of this conference agreement and the 
following description of this matter. This matter was developed 
through negotiations on the differences in the House and Senate 
versions of H.R. 4104, the Department of Treasury and General 
Government Appropriations Act, 1999, by members of the 
appropriations subcommittee of both the House and Senate with 
jurisdiction over H.R. 4104.
      The conference agreement on the Treasury and General 
Government Appropriations Act, 1999, incorporates some of the 
language and allocations set forth in House Report 105-592 and 
Senate Report 105-251. The language in these reports should be 
complied with unless specifically addressed in the accompanying 
statement of managers.
      Senate Amendment: The Senate deleted the entire House 
bill after the enacting clause and inserted the Senate bill. 
The conference agreement includes a revised bill.
      Throughout the accompanying explanatory statement, the 
managers refer to the Committee and the Committees on 
Appropriations. Unless otherwise noted, in both instances the 
managers are referring to the House Subcommittee on Treasury, 
Postal Service, and General Government and the Senate 
Subcommittee on Treasury and General Government.

             Reprogramming and Transfer of Funds Guidelines

      Due to continuing issues associated with agency requests 
for reprogramming and transfer of funds and use of unobligated 
balances, the conferees have agreed to reprogramming guidelines 
included in House Report 105-592. Those guidelines shall be 
complied with by all agencies funded by the Treasury and 
General Government Appropriations Act, 1999:
            1. Except under extraordinary and emergency 
        situations, the Committees on Appropriations will not 
        consider requests for a reprogramming or a transfer of 
        funds, or use of unobligated balances, which are 
        submitted after the close of the third quarter of the 
        fiscal year, June 30;
            2. Clearly stated and detailed documentation 
        presenting justification for the reprogramming, 
        transfer, or use of unobligated balances shall 
        accompany each request;
            3. For agencies, departments, or offices receiving 
        appropriations in excess of $20,000,000, a 
        reprogramming shall be submitted if the amount to be 
        shifted to or from any object class, budget activity, 
        program line item, or program activity involved is in 
        excess of $500,000 or 10 percent, whichever is greater, 
        of the object class, budget activity, program line 
        item, or program activity;
            4. For agencies, departments, or offices receiving 
        appropriations less than $20,000,000, a reprogramming 
        shall be submitted if the amount to be shifted to or 
        from any object class, budget activity, program line 
        item, or program activity involved is in excess of 
        $50,000, or 10 percent, whichever is greater, of the 
        object class, budget activity, program line item, or 
        program activity;
            5. For any action where the cumulative effect of 
        below threshold reprogramming actions, or past 
        reprogramming and/or transfer actions added to the 
        request, would exceed the dollar threshold mentioned 
        above, a reprogramming shall be submitted;
            6. For any action which would result in a major 
        change to the program or item which is different than 
        that presented to and approved by either of the 
        Committees, or the Congress, a reprogramming shall be 
        submitted;
            7. For any action where funds earmarked by either 
        of the Committees for a specific activity are proposed 
        to be used for a different activity, a reprogramming 
        shall be submitted; and,
            8. For any action where funds earmarked by either 
        of the Committees for a specific activity are in excess 
        of the project or activity requirement, and are 
        proposed to be used for a different activity, a 
        reprogramming shall be submitted.
      Additionally, each request shall include a declaration 
that, as of the date of the request, none of the funds included 
in the request have been obligated, and none will be obligated, 
until the Committees on Appropriations have approved the 
request.

                  TITLE I--DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

      The conference agreement appropriates $123,151,000 for 
Departmental Offices instead of $122,889,000 as proposed by the 
House and $120,671,000 as proposed by the Senate. The amount 
appropriated includes: $3,704,000 for mandatory cost increases; 
an additional $470,000 for the Office of Tax Policy; an 
additional $255,000 for the Office of Economic Policy; an 
additional $499,000 for International Affairs Policies and 
Programs; an additional $801,000 for Enforcement Policies and 
Programs; an additional $866,000 for the Office of Foreign 
Assets Control; an additional $239,000 for Fiscal and Financial 
Policies and Programs; and an additional $300,000 for Treasury-
wide management policies and practices. The conferees are aware 
that additional funds in the amount of $1,238,000 are required 
in fiscal year 1999 for Year 2000 compliance. The conference 
agreement also includes funding to allow the Department to 
provide no more than $500,000 in contract awards to the 
National Law Center for Inter-American Free Trade as proposed 
by the House.
      The conferees have agreed to provide an additional 
$1,200,000 within this account for the Under Secretary of 
Enforcement to continue the operations of the Office of 
Professional Responsibility, should he so desire, as proposed 
by the Senate.
      The conference agreement includes language which provides 
that the Office of Foreign Assets Control shall be funded at no 
less than $6,560,800 as proposed by the Senate instead of 
$5,517,000 as proposed by the House. The conferees have 
included language authorizing the Department to charge both 
direct and indirect costs to the Office of Foreign Assets 
Control in the implementation of this floor.
      The Senate bill included language in this and a number of 
other accounts which provides that funds appropriated in this 
Act may be used for Year 2000 computer conversion costs pending 
the availability of funding for that purpose in a separate 
appropriation. The conferees have deleted that language in each 
instance in which it occurs and have instead included a new 
general provision (Section 513) to permit the use of funds 
provided in this Act to initiate or continue projects or 
activities to the extent necessary to achieve Year 2000 
computer conversion until such time as supplemental 
appropriations are provided for those activities.
      The conference agreement deletes language proposed by the 
House which provides compensation for losses incurred due to 
the denial of entry into the United States of certain firearms. 
The conferees have included language in Title VI (Section 646) 
of the bill to provide for this relief through the use of the 
Judgement Fund, as proposed by the Senate.

                   treasury law enforcement vehicles

      No later than 90 days after enactment of this Act, the 
Department shall submit to the Committees on Appropriations 
directives to implement the management of law enforcement 
vehicle usage in the Department. These directives shall 
include: development of a Department-wide vehicle management 
system to ensure adequate oversight of vehicle usage; standards 
and procedures for full compliance with home-to-work 
regulations on vehicle use; verifiable determination that 
vehicle use throughout the Department is in support of law 
enforcement purposes only; and implementation of a log tracking 
system by activity and specific use of law enforcement 
vehicles.

                    under secretary for enforcement

      The conferees direct the Department of the Treasury to 
submit, with its fiscal year 2000 budget request, detailed 
budget justification materials for the Office of the Under 
Secretary for Enforcement.

                 Office of Professional Responsibility

                         salaries and expenses

      The conferees agree to provide no separate funding for 
the Office of Professional Responsibility (OPR) in fiscal year 
1999 as proposed by the Senate, but instead have provided 
adequate funding within the Departmental Offices appropriations 
for the Under Secretary for Enforcement to continue the work of 
this office should he so desire. The conferees expect that the 
Department also will use approximately $350,000 in 
reprogramming authority, the anticipated share of the 
unobligated balance of funds at the end of fiscal year 1998, to 
augment this appropriation.
      In fiscal year 1998, the Under Secretary for Enforcement 
was charged with tasking OPR to conduct a comprehensive review 
of integrity issues and other matters related to the potential 
vulnerability of the United States Customs Service to 
corruption, to include examination of charges of professional 
misconduct and corruption as well as analysis of the efficacy 
of departmental and bureau internal affairs systems. The 
conferees expect that this work will continue, and that it will 
be in conjunction with related efforts funded through the 
Customs Integrity Awareness Program.

                         Automation Enhancement

      The conferees agree to provide $28,690,000 for Automation 
Enhancement instead of $31,190,000 as proposed by the House and 
$28,990,000 as proposed by the Senate. The amount provided 
shall be transferred as follows:
      Customs Service.--$8,000,000 for the Automated Commercial 
Environment.
      Bureau of Alcohol, Tobacco, and Firearms.--$3,700,000 for 
a human resources system re-engineering pilot program.
      Departmental Offices.--$16,990,000, of which $5,400,000 
is for the International Trade Data System, of which $6,577,000 
is for Department-wide human resources re-engineering program 
management and implementation, of which $3,813,000 is for 
Departmental Offices productivity enhancement, of which 
$1,000,000 is for the Treasury Vehicle Management System, and 
of which $200,000 is for Department-wide implementation of the 
Treasury Information System Architecture Framework.
      The conferees agree that the funds provided shall remain 
available until September 30, 2000, as proposed by the House 
rather than remain available until expended as proposed by the 
Senate.
      The conferees are aware that additional funds in the 
amount of $2,762,000 are required in fiscal year 1999 for Year 
2000 compliance.

                    AUTOMATED COMMERCIAL ENVIRONMENT

      The conferees agree to provide $8,000,000 for the Customs 
Service ACE project, with the proviso that $6,000,000 shall not 
be available for obligation until the Treasury's Chief 
Information Officer, through the Treasury Investment Review 
Board, concurs on the plan and milestone schedule for the 
deployment of the system. Furthermore, $6,000,000 shall not be 
obligated until the Commissioner of Customs provides to the 
Committees on Appropriations an Enterprise Information Systems 
Architecture (EISA) for Customs that covers all Customs' areas 
of business--not just trade compliance. For the EISA to be 
acceptable, itmust comply with the Treasury Information Systems 
Architecture Framework, include measures to enforce compliance, and be 
approved by the Treasury Investment Review Board.
      The conferees are pleased with the efforts made by the 
Treasury Department to exercise some management responsibility 
for the ACE project, which represents an enormous information 
technology investment for the Department and Customs. Clear 
benefits are already being seen in the quality of analysis 
applied to investment decisions, and coordination with other 
information technology projects such as the International Trade 
Data System (ITDS). The conferees support the continued 
exercise of strong oversight by the Treasury Department over 
this project.

                  Financial Crimes Enforcement Network

      The conferees agree to provide $24,000,000 as proposed by 
the House instead of $23,670,000 as proposed by the Senate. In 
addition, the conferees agree that the funds shall be available 
with no earmark for the GATEWAY program, as had been proposed 
by the Senate.

                        TREASURY FORFEITURE FUND

      The conferees expect that the super surplus for the 
Treasury Forfeiture Fund will continue to be large in fiscal 
year 1999, and direct the Department to provide the Committees 
its plan for intended use of these resources in a timely 
fashion, as well as in its presentation of the fiscal year 2000 
budget request.
      The conferees support the use of the super surplus to 
further advance Treasury Department law enforcement programs, 
and acknowledge the Department's plan to use its surplus for a 
variety of activities. The conferees direct the Department to 
use $11,012,000 as follows: $5,512,000 for the construction of 
a P-3 hangar in Corpus Christi, Texas, for the United States 
Customs Service; $4,000,000 for the CEASEFIRE/IBIS program, and 
$1,500,000 for the Global Transpark Customs Information 
Project. The conferees also agree that super surplus funds may 
be used for replacement of law enforcement vehicles, instead of 
the prohibition proposed by the Senate.

                    Violent Crime Reduction Programs

      The conferees agree to provide $132,000,000 as proposed 
by the House and Senate. This amount is to be used as follows:

Bureau of Alcohol, Tobacco and Firearms:
    GREAT administration/training.......................     $ 3,000,000
    GREAT Program Grants................................      13,000,000
Customs Service:
    Narcotics detection technology......................      54,000,000
    Passenger processing initiative.....................       9,500,000
    Canopy construction.................................         972,000
    Child pornography investigation.....................       1,000,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Customs Service.......................      65,472,000
Secret Service:
    Counterfeiting investigations.......................       5,000,000
    Forensic technology and assistance..................       2,000,000
    NCMEC assistance....................................       1,196,000
    2000 campaign protection............................       7,732,000
    Vehicle replacement.................................       6,700,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Secret Service........................      22,628,000
Financial Crimes Enforcement Network:
    Cyberpayment studies................................         800,000
    Suspicious activity report analysis.................         300,000
    Support for State and local GATEWAY.................         200,000
    Money laundering regulations........................         100,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, FinCEN................................       1,400,000
Interagency Crime and Drug Enforcement..................      24,000,000
Office of National Drug Control Policy:
    Model State drug law conferences....................       1,000,000
    High intensity drug trafficking areas...............       1,500,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, ONDCP.................................       2,500,000

                Bureau of Alcohol, Tobacco and Firearms

      The conferees agree to provide $3,000,000 to ATF for the 
management of the GREAT program as proposed by the House rather 
than in the ATF Salaries and Expenses appropriation as proposed 
by the Senate. The funding proposed by the Senate for 
laboratory and investigative support is funded under ATF's 
Salaries and Expenses appropriation.

                 GANG RESISTANCE EDUCATION AND TRAINING

      The conferees agree to provide $13,000,000 to ATF, 
instead of $10,000,000 as proposed by the House and $13,239,000 
as proposed by the Senate for grants to local law enforcement 
organizations for the GangResistance Education and Training 
(GREAT) program. The GREAT program has been enthusiastically endorsed 
by communities in Colorado, North Carolina and Wisconsin. The conferees 
direct that qualified law enforcement and prevention organizations from 
these areas be funded under GREAT.
      The conferees are aware of concerns about the lack of a 
long-term evaluation of the impact of this program. Therefore, 
the conferees urge ATF to contract with the National Academy of 
Sciences, Committee on Law and Justice, to conduct an 
independent evaluation of the GREAT program.

                            Customs Service

      The conferees agree to provide $65,472,000, instead of 
$66,472,000 as proposed by the House and $54,000,000 as 
proposed by the Senate. Within these funds, the conferees 
include $54,000,000 for narcotics detection technology, 
$9,500,000 for passenger processing, $972,000 for canopy 
construction, and $1,000,000 for additional technologies 
associated with the child pornography cyber-smuggling 
initiative. The conferees agree that $2,400,000 of the Customs 
Salaries and Expenses account should be used for the cyber-
smuggling initiative, as proposed by the Senate.

                             Secret Service

      The conferees agree to provide $22,628,000, instead of 
$14,528,000 as proposed by the House and $15,403,000 as 
proposed by the Senate. Within these funds, the conferees 
include $5,000,000 for counterfeiting investigations, 
$7,732,000 for campaign protection activities, $6,700,000 for 
vehicle replacement, and $3,196,000 for forensic and related 
support of investigations of missing and exploited children. Of 
the amounts provided for missing and exploited children, the 
conferees agree to provide $1,196,000 for the continued 
operations of the Child Exploitation Unit at the National 
Center for Missing and Exploited Children.

                  Financial Crimes Enforcement Network

      The conferees agree to provide $1,400,000 for FinCEN as 
proposed by the Senate, instead of no funding as proposed by 
the House. Within these funds, the conferees include $800,000 
for cyberpayment studies; $300,000 for Suspicious Activity 
Report analysis; $200,000 for training and support for State 
and local GATEWAY participation; and $100,000 for money 
laundering regulations.

                Federal Law Enforcement Training Center

      The conferees agree to provide no VCRTF funding for FLETC 
as proposed by the House, instead of $1,158,000 as proposed by 
the Senate. The affected programs--rural law enforcement 
training and equipment replacement--are funded in FLETC's 
Salaries and Expenses appropriation.

                 Interagency Crime and Drug Enforcement

      The conferees agree to provide $24,000,000 for ICDE as 
proposed by the House, instead of $45,000,000 as proposed by 
the Senate. An additional $51,900,000 is provided in the 
Interagency Law Enforcement account. The total of $75,900,000 
fully funds the President's request.

                 Office of National Drug Control Policy

      The conferees agree to provide $2,500,000 for ONDCP, 
instead of $14,000,000 as proposed by the House and no funding 
as proposed by the Senate. $1,000,000 of this funding would 
cover the costs of continuing support for Model State Drug Law 
Conferences, as proposed by the House. $13,000,000 proposed by 
the House for continued funding for the technology transfer 
program run by the Counterdrug Technology Assessment Center 
will instead be funded in the ONDCP Salaries and Expenses 
account, as proposed by the Senate.

                 High Intensity Drug Trafficking Areas

      The conferees agree to provide $1,500,000 in additional 
funding for the Milwaukee, Wisconsin HIDTA.

                Federal Law Enforcement Training Center

                         SALARIES AND EXPENSES

      The conferees agree to provide $71,923,000 as proposed by 
the House instead of $66,251,000 as proposed by the Senate, 
including up to $13,843,000 to be used for materials and 
support costs. The conferees agree to language proposed by the 
Senate to permit funding for travel expenses of non-Federal 
personnel to attend course development meetings and training 
sponsored by the Center. The conferees also agree to maintain 
existing statutory language affecting the authority to provide 
funding for student athletics and student interns, as proposed 
by the Senate.

                             GREAT TRAINING

      The conferees agree to include new language, as proposed 
by the Senate, to authorize the Center to provide training for 
the Gang Resistance Education and Training program to Federal 
and non-Federal personnel at any facility in partnership with 
ATF.

                       FIREARMS TRAINING SYSTEMS

      The conferees direct the Federal Law Enforcement Training 
Center, in consultation with their interested client law 
enforcement agencies, to examine and evaluate all available 
firearms training technologies for systems providing the 
greatest cost effective multi-application benefit for firearms 
training of law enforcement personnel. The conferees are aware 
of current technologies, such as the BEAMHIT targeting system 
and plastic cased ammunition, which appear to offer cost 
benefits and systems flexibility for multiple training 
activities and greater sensitivity for environmental 
protection.

     Acquisition, Construction, Improvements, and Related Expenses

      The conferees agree to provide $34,760,000, instead of 
$28,360,000 as proposed by the House and $15,360,000 as 
proposed by the Senate. This amount includes $6,400,000 for 
construction of new facilities at Artesia, New Mexico, required 
to meet the Center's basic training requirements.

                      Interagency Law Enforcement

                 Interagency Crime and Drug Enforcement

      The conferees agree to provide $51,900,000 for ICDE as 
proposed by the House. An additional $24,000,000 is provided in 
the Violent Crime Reduction Programs account. The total of 
$75,900,000 fully funds the President's request.

                      Financial Management Service

                         salaries and expenses

      The conference agreement appropriates $196,490,000 for 
the Financial Management Service (FMS) as proposed by the 
Senate instead of $198,510,000 as proposed by the House.
      The conferees have agreed with the proposal of the Senate 
on the funding level for the FMS, which reflects a reduction of 
$6,000,000 for Year 2000 conversion costs which will be 
available for FMS from a separate appropriation. The conferees 
received conflicting information from the Department of the 
Treasury about what the FMS's needs are for this purpose. 
Therefore, the conferees have assumed the higher number. The 
conferees understand and fully appreciate the need for FMS 
equipment to be Year 2000 compliant and note that the 
Department does have authority to transfer funding to FMS from 
other accounts within the Department under Section 114 of this 
Act should that become necessary.
      The conference agreement deletes language proposed by the 
Senate delaying the availability of $4,500,000 for postage 
costs until September 30, 1999, and language proposed by the 
Senate stating that funds shall continue to be provided to the 
United States Postal Service for postage due.

                  debt collection improvement account

      The conferees have agreed to delete funding for the Debt 
Collection Improvement Account proposed by the Senate. The 
House bill contained no similar provision.

                         Federal Financing Bank

      The conference agreement provides $3,317,960,000 for the 
liquidation of debts by the Federal Financing Bank instead of 
$3,317,690,000 as proposed by the Senate. The House bill 
contained no similar provision.

                Bureau of Alcohol, Tobacco and Firearms

                         salaries and expenses

      The conferees agree to provide $541,574,000, instead of 
$530,624,000 as proposed by the House and $529,489,000 as 
proposed by the Senate. This includes $2,000,000 for the 
Violent Crime Coordinators program and $4,500,000 for expansion 
of the National Tracing Center, as proposed by the Senate. The 
conferees agree that $2,206,000 of this funding will not be 
available for obligation until September 30, 1999, as proposed 
by the House.
      The conferees are aware that additional funds in the 
amount of $5,000,000 are required in fiscal year 1999 for Year 
2000 compliance.
      The conferees agree to increase the limit for purchase of 
police-type vehicles to 812, as proposed by the House. The 
conferees direct the Under Secretary for Enforcement to 
exercise strong oversight with regard to any additional 
purchases in keeping with Department-wide efforts (addressed 
under Departmental Offices, above) to manage the use, 
allocation and acquisition of law enforcement vehicles. While 
neither the House nor Senate provided funding for this purpose, 
the conferees agree to provide $3,700,000 for vehicle 
replacement as the Administration had requested.
      The conferees agree to authorize up to $15,000 for 
official reception and representation expenses, instead of 
$20,000 as proposed by the House and $12,500 proposed by the 
Senate.
      The conferees agree to retain the limitation of 
$1,000,000 in authority to fund the equipping of vessels, 
vehicles or aircraft available for official use by a State or 
local law enforcement agency for use in joint law enforcement 
operations with ATF and for the payment of overtime salaries, 
travel, fuel and other costs for State and local law 
enforcement personnel, including sworn officers and support 
personnel, as proposed by the House. The conferees note that, 
while this maintains a limitation, unlike the Senate proposal, 
it allows such funding to be used for law enforcement 
operations other than drug-related ones, and clarifies that it 
encompasses support personnel as well as sworn law enforcement 
officers.
      The conferees agree that per diem and/or subsistence 
allowances may be paid to employees for extensive overtime 
required when an employee is assigned to a National Response 
Team during the investigation of a bombing or arson incident, 
as proposed by the Senate, rather than simply for a major 
investigative assignment, as proposed by the House.

                Youth Crime Gun Interdiction Initiative

      The conferees strongly support ATF's efforts to stop 
illegal trafficking of crime weapons to young people and its 
statistical analysis in ``The Crime Gun Trace Analysis Reports: 
The Illegal Youth Firearms Markets in 17 Communities'', 
published in July 1997. However, the conferees believe that the 
proposed increase in funding must be supported by evidence of a 
significant reduction in youth crime, gun trafficking and 
availability. The conferees would like to see additional 
evidence linking the Youth Crime Gun Interdiction Initiative 
(YCGII) to a corresponding decrease in gun trafficking among 
youths and minors. Therefore, the conferees direct ATF to 
report no later than February 1, 1999, on the performance of 
YCGII.
      The conferees further believe that an investment in 
experienced trafficking agents to conduct investigations 
arising out of leads obtained through this regional initiative 
is likely to have a significant impact on the number of 
prosecutions for illegal firearms trafficking. As a result, the 
conferees direct that, of the $27,000,000 to be provided for 
YCGII efforts, $16,000,000 be used to hire 81 experienced 
trafficking agents to expand the YCGII efforts in the 27 pilot 
cities. As part of the expansion, the conferees recommend that 
not less than $2,400,000 be used for the addition of 12 
experienced trafficking agents, including 3 in Milwaukee, 
Wisconsin, to implement a multifaceted regional enforcement 
strategy within the Midwest region. The conferees request that 
ATF give strong consideration to Aurora, CO, Denver, CO, and 
Omaha, NE, as it determines new locations for YCGII.

                               Ceasefire

      The conferees agree to provide $2,000,000 for continued 
expansion of the CEASEFIRE/IBIS program, and expect that this 
will be used to meet requests for new equipment and related 
installation costs. The conferees also direct the Secretary of 
the Treasury to provide $4,000,000 to ATF from the Treasury 
Forfeiture Fund to allow ATF to provide CEASEFIRE technology to 
eligible State and local law enforcement organizations who have 
requested this equipment.

    Collection and Maintenance of Federal Firearms Licensee Records

      The conferees agree that there does not appear to be a 
written policy regarding the collection and maintenance of 
records on the acquisition and disposition of firearms by 
Federal firearms licensees for use in criminal or civil 
enforcement or firearms trace systems, in particular with 
regard to the length of time such records are kept. Therefore, 
the conferees direct ATF to develop such a written policy and 
provide a copy of that written policy to the Committees on 
Appropriations no later than March 31, 1999. This is in lieu of 
the direction by the House to provide the House Committee with 
a report on efforts to improve its practices within 90 days 
after enactment of this bill.

                         Contraband Cigarettes

       The conferees direct ATF to continue to fully fund its 
investigations of diversion and trafficking of contraband 
cigarettes, particularly on Indian lands. The conferees are 
pleased to see that recent investigations have borne fruit in a 
number of arrests in Oklahoma and Kansas. The conferees 
understand that the current investigation in Oklahoma and 
Kansas is estimated to cost up to $2,000,000 and that 
nationwide investigation will cost approximately $8,000,000.

                     United States Customs Service

                         salaries and expenses

      The conferees agree to provide $1,642,565,000, instead of 
$1,638,065,000 as proposed by the House and $1,630,273,000 as 
proposed by the Senate. $9,500,000 is delayed for obligation, 
instead of the delays proposed by the House and the Senate.
      The conferees agree to restrict purchase of vehicles to 
550 for replacement only, as proposed by the House, rather than 
985, as proposed by the Senate. The conferees direct the Under 
Secretary for Enforcement to exercise strong oversight over any 
purchases of new vehicles in keeping with Department-wide 
efforts (addressed under Departmental Offices, above) to manage 
the use, allocation and acquisition of law enforcement 
vehicles. The conferees also agree that $500,000 of the 
appropriation should be used to fund expansion of services at 
the Vermont World Trade Office, as proposed by the Senate. The 
conferees also agree to increase the limitation on 
representation funding to $40,000, instead of $30,000 as 
proposed by the House and Senate.
      The conferees agree to provide $2,500,000 to remain 
available until expended for the costs of relocation of the New 
Orleans Air Branch from Belle Chase, Louisiana, to Hammond, 
Louisiana.

                  Customs Integrity Awareness Program

      The conferees agree to provide $6,000,000 to the Customs 
Service, fully funding the new Customs Integrity Awareness 
Program (CIAP), as proposed by the House, instead of $4,200,000 
as proposed by the Senate. The conferees direct the Secretary 
of the Treasury to be fully engaged in CIAP, providing 
necessary oversight and assistance to the Customs Service 
Office of Internal Affairs in order to achieve program goals.

                           Child Pornography

      The conferees strongly support Customs leadership in 
stopping the vile traffic in child pornography and are pleased 
with its recent successful takedown of a major international 
pornography organization. To continue this success, the 
conferees agree to set aside $2,400,000 of the Customs 
appropriation to double the staffing and resources for the 
child pornography cyber-smuggling initiative, as proposed by 
the Senate, instead of $2,000,000 proposed by the House to be 
funded through the Violent Crime Reduction Trust Fund. In 
addition, the conferees agree to include $1,000,000 in the 
Violent Crime Reduction Trust Fund for technology support for 
this initiative.

        Customs Inspection Services for International Air Cargo

      The conferees are concerned about the availability of 
Customs Service personnel to provide inspection services for 
airports that are seeing increased traffic or project such 
increases as part of regional development patterns. In many 
locations Customs has been asked to initiate or expand the 
level and availability of such services. The conferees 
understand that decisions to allocate inspection personnel must 
be based on availability of staff and funding, and should also 
be a function of the level of current or expected traffic, as 
well as concerns about enforcing trade laws and countering 
smuggling threats. At the same time, the conferees recognize 
that some airports, such as Dulles International Airport, Miami 
International Airport, and Fort Lauderdale International 
Airport, are experiencing growth and may have good cases for 
initiating or increasing cargo traffic operations, which are 
dependent on the availability of specific Customs inspection 
services. The conferees therefore urge the Customs Service, as 
it undertakes to establish a comprehensive model for assessing 
and allocating its inspection and investigative staff, to work 
closely with the airport authorities and the trade community to 
ensure that it will meet requirements for new and expanded 
service. The aim of such a process should be allocation of 
staff and resources that is in the best interest of regional 
economic interests, trade, and the mission of the Customs 
Service.

 Operations, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

      The conferees agree to provide $113,688,000, instead of 
$100,688,000 as proposed by the House and $113,488,000 as 
proposed by the Senate. No funding for this account would be 
delayed, as had been proposed by the Senate, and there is no 
earmark for activities in South Florida and the Caribbean, as 
had been proposed by the Senate. This number includes an 
additional $1,000,000 for increased support for operations and 
upgrades for equipment for the marine enforcement program and 
$14,200,000 for Black Hawk helicopter program support.

                         Black Hawk Helicopters

      The conferees have included $14,200,000 to restore three 
off line Black Hawk helicopters to an operational readiness 
condition and provide for increased operation and maintenance 
requirements for Customs' helicopter component.The conferees 
understand that this funding will permit Customs to increase Black Hawk 
flying hours from 18 to 30 hours per month. The conferees direct the 
Customs Service to maximize the mission operability of all sixteen 
Black Hawk helicopters assigned to the Air Interdiction Program.

                         customs marine program

      The conferees include an additional $1,000,000 to augment 
the $5,200,000 requested for the marine program.

              customs air and marine interdiction programs

      The conferees continue to be impressed with the successes 
associated with the Customs Air and Marine Interdiction 
programs and are aware of the growing operational commitments 
associated with this success. The conferees encourage the 
Customs Service to examine the benefits of a consolidated air 
maintenance system and take actions to improve operational 
coordination of its air assets to meet our national drug 
enforcement priorities. The conferees, in the interest of 
maintaining viable and effective air and marine interdiction 
programs, direct the Customs Service to develop two 
comprehensive modernization plans for the air interdiction and 
marine enforcement programs, respectively. These plans shall be 
submitted with the President's fiscal year 2000 budget and 
should include the projected lifespans and project a 
replacement schedule, as well as the current status, of each 
aircraft or vessel; associated operations and maintenance 
activities for these craft; and any costs for fleet extension 
or modernization. These modernization plans should be living 
documents that the Customs Service continually reevaluates and 
utilizes in its effort to maximize its operational 
effectiveness.

                           special operations

      The conferees agree that the special operations 
requirements of the Customs Service Air and Marine Interdiction 
Programs demand special tactical and logistical operations 
considerations due to the high threat nature of these 
activities. The conferees direct the Customs Service to review 
its utilization of these special operations assets with the 
goal of improving management, coordination, training and 
utilization of equipment and personnel. The Customs Service 
should consider all options to achieve the greatest efficiency 
and productivity for our coastal and border interdiction 
efforts.

                    Bureau of Engraving and Printing

                          dollar bill redesign

      To combat international counterfeiting threats to the 
United States, the Department of the Treasury is continuing to 
redesign Federal Reserve Notes. By the end of 1999, newly 
designed $100, $50, and $20 Federal Reserve Notes will be in 
circulation.
      The conferees remain concerned about the cost associated 
with producing special anti-counterfeiting properties for the 
estimated 6 billion circulating $1 Federal Reserve Notes. As a 
result, the conferees do not believe the Bureau of Engraving 
and Printing should undertake cost prohibitive anti-
counterfeiting changes to the $1 note. However, the conferees 
do believe it is important to update the currency, such as 
making minor modifications to assist the visually impaired.
      Therefore, the conferees direct the Department of the 
Treasury and the Bureau of Engraving and Printing not to pursue 
redesign of the $1 Federal Reserve Note to combat international 
counterfeiting threats, but to only make minor design 
enhancements to the $1 note for the visually impaired and 
elderly population, provided it has no effect on the use of $1 
Federal Reserve Notes with existing bill accepting machinery.

                       Bureau of the Public Debt

                     administering the public debt

      The conference agreement appropriates $172,100,000 for 
the Bureau of the Public Debt as proposed by the House and the 
Senate.
      The conference agreement also provides that $2,000,000 of 
the funds provided shall be available until September 30, 2001, 
for information systems modernization initiatives as proposed 
by the House instead of $1,000,000 as proposed by the Senate.
      The conferees are aware that additional funds in the 
amount of $1,000,000 are required in fiscal year 1999 for Year 
2000 compliance.

                        Internal Revenue Service

                 processing, assistance, and management

      The conference agreement appropriates $3,086,208,000 for 
Processing, Assistance, and Management instead of 
$3,025,013,000 as proposed by the House and $3,077,353,000 as 
proposed by the Senate. The amount provided includes 
$90,650,000 for mandatory cost increases and $70,279,000 for 
base realignments from the Tax Law Enforcement account. The 
conferees have agreed not to transfer funding for the TIMIS 
personnel/payroll system from the Information Systems 
appropriation to this account as proposed by the Senate.
      The budget request for Processing, Assistance, and 
Management included $58,325,000 for customer service 
initiatives. Funding for these initiatives has been included in 
the Information Systems account as proposed by the House. The 
Senate had proposed to provide $18,145,000 for customer service 
initiatives in this account.
      The conferees want to express strong support for the 
Commissioner's proposal for organizational modernization. The 
recently enacted Internal Revenue Service Restructuring and 
Reform Act of 1998 will allow the Commissioner to make 
significant operational improvements through organizational 
modernization and reorganization. Therefore, the conference 
agreement also includes $25,000,000 for organizational 
modernization and restructuring of the Internal Revenue 
Service, the total amount requested by the Administration for 
that purpose. However, because the restructuring legislation 
has only recently been enacted and the Commissioner has not yet 
been able to provide a detailed plan and cost estimate for the 
restructuring effort, the conferees have included language in 
the bill which delays these funds for obligation until 
September 30, 1999.
      The conferees have also provided $2,000,000 for low 
income taxpayer clinics. These funds will be used to award 
matching grants to develop, expand, or continue qualifying low 
income taxpayer clinics as authorized in Section 3601 of the 
Internal Revenue Service Restructuring and Reform Act of 1998.
      The conference agreement includes language proposed by 
the Senate delaying the availability of $105,000,000 for 
postage costs until September 30, 1999, and language proposed 
by the Senate stating that funds shall continue to be provided 
to the United States Postal Service for postage due.

                           taxpayer education

      The conferees agree that the Internal Revenue Service 
needs to be more proactive in educating our citizens. 
Therefore, the conferees believe that the IRS should consider 
the feasibility of a taxpayer education initiative which 
encourages IRS employees to visit schools to talk about the 
history of our tax system as well as taxpayer rights and 
responsibilities. Further, the conferees believe that the IRS 
should provide no less than $750,000 to create an educational 
program, such as the project currently under development at the 
University of Florida, covering matters of current interest to 
those involved in administering, advising, teaching, and 
studying the technical aspects of Federal taxation. Therefore, 
the conferees request that the IRS provide an analysis of these 
proposals, and steps they would take to implement these 
proposals, to the Committees on Appropriations by March 1, 
1999.

                          tax law enforcement

      The conference agreement appropriates $3,164,189,000 for 
Tax Law Enforcement as proposed by the House instead of 
$3,164,399,000 as proposed by the Senate. The conference 
agreement does not delay the availability of $175,000,000 of 
the funds appropriated until September 30, 1999, proposed by 
the Senate.
      The budget request included $2,645,000 for customer 
service initiatives. Funding for these initiatives has been 
included in the Information Systems account as proposed by the 
House. The Senate had proposed to fund $210,000 for customer 
service initiatives in this account.

               tax standards for tax-exempt health clubs

      The conferees are aware that there has been significant 
growth in health club and fitness services. Intensified 
competition has developed a market for for-profit and tax-
exempt health clubs. With certain tax-exempt organizations 
moving away from their core purpose, questions arise as to 
whether they are engaging in commercial competition with the 
for-profit sector. The conferees understand that the IRS has 
developed appropriate standards based on broad community 
accessibility for determining whether fitness activities are 
substantially related to the charitable mission of community 
organizations, such as YMCAs, YWCAs, and JCCs, organizations 
with a variety of programs based on community needs, including 
health and fitness for people of all ages, incomes, and 
abilities. Accordingly, changes in the standards that apply to 
such organizations are not the conferees' concern. Rather, the 
conferees direct that the IRS review the standards it applies 
to fitness activities operated by educational and health-care 
organizations. The conferees further request that the 
Department of the Treasury report to Congress by April 1, 1999, 
on the statutory and regulatory changes that may be needed to 
assure that the health and fitness activities of these 
organizations substantially further the purposes for which the 
organization was granted tax exemption and do not constitute 
unfair competition with private sector, taxable organizations.

                            transfer pricing

      The conferees are concerned about the Nation's loss of 
revenue as a result of foreign corporations employing transfer 
pricing. Transfer pricing, utilized by State Trading 
Enterprises, reallocates items of income and deduction among 
entities under common control. Reallocation of the income and 
deduction results in minimizing the U.S. tax of foreign 
corporations' U.S. affiliates. Since the foreign parent 
corporations do not normally do business in the United States, 
their income is completely free from U.S. tax.
      To ensure the Internal Revenue Service is vigorously 
administering section 482 of the Internal Revenue Code, which 
empowers the Secretary of the Treasury to distribute, 
apportion, and allocate items of gross income and deduction 
between the parent corporations and their U.S. affiliates, the 
conferees direct the Internal Revenue Service to review and 
report to Congress, no later than six months after enactment of 
this Act, on the following issues: IRS's loss of revenue as a 
result of transfer pricing; detailed information on IRS's 
administration of section 482 to distribute, apportion, and 
allocate items of gross income and deduction; and 
recommendations on how to improve the collection of revenue 
from trading enterprises.

                          information systems

      The conference agreement appropriates $1,265,456,000 for 
Information Systems instead of $1,224,032,000 as proposed by 
the House and $1,329,486,000 as proposed by the Senate. The 
amount provided includes $43,939,000 for mandatory cost 
increases; however, the conferees have agreed not to transfer 
funding for the TIMIS personnel/payroll system from this 
appropriation to the Processing, Assistance, and Management 
account. In addition, the conference agreement includes an 
increase of $32,900,000 for operational information systems as 
proposed by the House and the Senate and $68,700,000 for the 
modernization program infrastructure as proposed by the Senate 
instead of $34,350,000 as proposed by the House.
      The conferees have agreed to include language in the bill 
which provides that $103,000,000 of the funds appropriated in 
this account shall only be available for improvements to 
customer service. This is the full amount requested by the 
Administration for customer service initiatives within the 
Internal Revenue Service.
      The conferees are aware that additional funds in the 
amount of $359,000,000 are required in fiscal year 1999 for 
Year 2000 compliance. Included in that total is: $8,700,000 for 
the submissions processing investment program, $4,000,000 for 
compliance research information systems, $33,300,000 for 
examination laptop computers, $60,700,000 to complete the 
rollout of the Integrated Collection System, $4,300,000 for the 
Inventory Delivery System, and $14,000,000 for the Integrated 
Personnel System.
      The conference agreement deletes language proposed by the 
Senate which delayed the availability of $68,700,000 of the 
funds appropriated until September 30, 1999.

                   information technology investments

      The conference agreement appropriates $211,000,000 for 
Information Technology Investments instead of $210,000,000 as 
proposed by the House and $137,569,000 as proposed by the 
Senate. These funds are not available for obligation until 
September 30, 1999. The conference agreement also provides that 
the funds shall remain available until September 30, 2002, as 
proposed bythe Senate instead of remaining available until 
expended as proposed by the House.
      The conference agreement includes language proposed by 
the House which specifies the contents of an expenditure plan 
that the Internal Revenue Service and the Department of the 
Treasury are required to submit before the funds appropriated 
may be obligated.
      The conferees are concerned that the IRS's efforts to 
modernize its information systems could divert its attention 
from the more pressing matter of assuring that all of its 
existing systems will be Year 2000 compliant. The conferees 
expect that IRS will continue to view Year 2000 compliance as 
its highest priority and direct that the IRS not divert any 
resources from its Year 2000 efforts to the information systems 
modernization program.

          administrative provisions--internal revenue service

      Section 101. The conference agreement includes a 
provision proposed by the House and the Senate which allows the 
transfer of 5 percent of any appropriation made available to 
the IRS to any other IRS appropriation subject to Congressional 
approval.
      Section 102. The conference agreement includes a 
provision proposed by the House and the Senate which requires 
the IRS to maintain a training program in taxpayer's rights, 
dealing courteously with taxpayers, and cross cultural 
relations.
      Section 103. The conference agreement includes a 
provision proposed by the House and the Senate which requires 
the IRS to maintain taxpayer services at not less than fiscal 
year 1995 levels.
      Section 104. The conference agreement includes a 
provision proposed by the House and the Senate which prohibits 
the expenditure of funds for the collection of taxes unless the 
conduct of officers and employees of the IRS complies with the 
Fair Debt Collection Practices Act.
      Section 105. The conference agreement includes a 
provision proposed by the House and the Senate which requires 
the IRS to institute policies and practices which will 
safeguard the confidentiality of taxpayer information.
      Section 106. The conference agreement includes a 
provision proposed by the House and the Senate which directs 
that funds shall be available for improved facilities and 
increased manpower to provide sufficient and effective 1-800 
help line telephone assistance.
      Section 107. The conference agreement includes a 
provision proposed by the Senate which provides that no 
reorganization of the field office structure of the Internal 
Revenue Service Criminal Investigation Division will result in 
a reduction in the number of criminal investigators in 
Wisconsin and South Dakota from the 1996 level.
      The conference agreement deletes a Sense of the Senate 
provision regarding the use of random selection of returns for 
examination by the Internal Revenue Service.

                      United States Secret Service

                         salaries and expenses

      The conferees agree to provide $600,302,000 instead of 
$594,657,000 as proposed by the House and $584,902,000 as 
proposed by the Senate. This includes an additional $18,000,000 
for the costs of protective travel. The conferees agree that 
$1,623,000 required for fixed site security will be included in 
the Acquisition, Construction, Improvement, and Related 
Expenses account, as proposed by the Senate. The conferees also 
agree that the limitation for new vehicle purchases shall be 
739, as proposed by the House, rather than 705, as proposed by 
the Senate. The conferees direct the Under Secretary for 
Enforcement to exercise strong oversight over any purchases of 
new vehicles in keeping with Department-wide efforts (addressed 
under Departmental Offices, above) to manage the use, 
allocation and acquisition of law enforcement vehicles. The 
conferees agree that $5,000,000 shall not be available for 
obligation until September 30, 1999.
      The conferees are aware that additional funds in the 
amount of $3,000,000 are required in fiscal year 1999 for Year 
2000 compliance.

                           protective travel

      The conferees continue to be concerned about shortfalls 
in the United States Secret Service protective travel activity. 
Therefore the conferees direct the Service to develop an 
accurate financial plan for predicting protective travel needs, 
and report regularly to the Committees on Appropriations on 
their progress. As part of the financial plan the conferees 
expect the funds for this activity will be apportioned 
separately. The Service should consult with the Office of 
Management and Budget about the level of detail required in the 
financial plan. The conferees agree to provide additional 
funding of $18,000,000 for protective travel, which is made 
available for two fiscal years.

                       armored primary limousines

      The conferees understand the need to provide the 
President of the United States safe and secure ground 
transportation both locally and around the world. The conferees 
are, however, concerned with the Secret Service's projected 
cost to acquire primary limousines for this purpose. As a 
result, the conferees direct the Secret Service to report to 
the Committees on Appropriations on the major differences and 
costs between the proposed project and armored vehicles 
previously acquired by the Service prior to the obligation of 
funds for this project.

      ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED EXPENSES

      The conferees agree to provide $8,068,000 as proposed by 
the Senate, instead of $6,445,000 as proposed by the House, 
which includes $1,623,000 for fixed site security.

             General Provisions--Department of the Treasury

      Section 110. The conference agreement includes a 
provision which requires the Secretary of the Treasury to 
comply with certain reprogramming guidelines when obligating or 
expending funds for law enforcement activities from unobligated 
balances available on September 30, 1999, as proposed by the 
Senate instead of September 30, 1998, as proposed by the House.
      Section 111. The conference agreement includes a 
provision proposed by the House and the Senate which allows the 
Department of the Treasury to purchase uniforms, insurance, and 
motor vehicles without regard to the general purchase price 
limitation, and enter into contracts with the State Department 
for health and medical services for Treasury employees in 
overseas locations.
      Section 112. The conference agreement includes a 
provision proposed by the House and the Senate which requires 
the expenditure of funds so as not to diminish efforts under 
section 105 of the Federal Alcohol Administration Act.
      Section 113. The conference agreement includes a 
provision proposed by the House and the Senate which authorizes 
transfers, up to 2 percent, between law enforcement 
appropriations under certain circumstances.
      Section 114. The conference agreement includes a 
provision proposed by the House and the Senate which authorizes 
transfers, up to 2 percent, between the Departmental Offices, 
Office of Inspector General, Financial Management Service, and 
Bureau of the Public Debt appropriations under certain 
circumstances.
      Section 115. The conference agreement includes a 
provision proposed by the Senate which amends 18 U.S.C. 921(a) 
by broadening the definition of explosives and redefining the 
term ``antique firearm.''
      Section 116. The conference agreement includes a 
provision regarding the purchase of law enforcement vehicles.
      Section 117. The conferees have agreed to the provision 
contained in Section 117 of the Senate bill regarding the 
execution of property upon judgements against foreign state 
violators of international law. The conferees have included 
additional language giving the President the authority to waive 
the requirements of this provision in the interest of national 
security.

                           ELECTRONIC FILING

      The conferees have agreed to delete language requested by 
the Administration and contained in Section 115 of the House 
and Senate bills regarding the electronic filing of tax returns 
since this matter has been addressed in a comprehensive fashion 
in the Internal Revenue Service Restructuring and Reform Act of 
1998. In undertaking any electronic tax administration 
programs, the conferees expect the Internal Revenue Service to 
assure the security of all electronic transmissions and provide 
for the full protection of the privacy of taxpayer data.

                             CURRENCY PAPER

      The House and Senate passed bills each contained a 
provision (Section 116 of both bills) regarding the acquisition 
of currency paper by the Bureau of Engraving and Printing. The 
conferees have agreed to include no language in the bill 
regarding this issue. The conferees are aware of attempts made 
by the Bureau of Engraving and Printing (BEP) to address 
concerns regarding the need to make it easier for all United 
States paper companies to compete for currency paper contracts. 
However, the conferees expect the BEP to continue to enhance 
the process for procuring currency paper to the extent 
permitted under Federal law. In carrying out its currency paper 
procurement responsibilities, the conferees expect BEP to 
secure the best overall value for the government, giving equal 
consideration to all cost factors. Based on the General 
Accounting Office's (GAO) inability to reach any concrete 
conclusions with respect to competition and pricing, the 
conferees understand this issue is very complicated and, 
therefore, direct the Department of the Treasury and the Bureau 
of Engraving and Printing to report to the Committees on 
Appropriations how they plan to address GAO's recommendations 
to the Secretary of the Treasury. Further, it is the conferees' 
understanding that the authorizing committees in both the House 
and Senate will closely examine the GAO report, hold hearings 
on this matter, and develop legislation, if necessary, to 
ensure that the Federal government will have adequate 
competition and fair pricing.

                        TITLE II--POSTAL SERVICE

                  Payments to the Postal Service Fund

      The conferees agree to provide $71,195,000 as proposed by 
the House and the Senate. The conferees defer the obligation of 
these funds until October 1, 1999, as proposed by the Senate.

                    Non-Postal Commercial Activities

      The conferees are aware that the Postal Service is 
initiating a wide range of new commercial activities. These 
activities include, but are not limited to, volume retail 
photocopying, packaging services, bankwire services, the sale 
of office supplies and novelty items, and new e-commerce or 
Internet related technologies.
      The conferees recognize the Postal Service's need to 
generate new sources of revenue to offset its operating costs. 
However, many of the Postal Service's new commercial activities 
may result in unfair competition with a number of private 
sector enterprises, thus raising significant policy issues 
about the Postal Service's present and future commercial role.
      Therefore, the conferees request the Postal Service 
submit, within 6 months of enactment of this Act, a report on 
its ongoing and planned commercial services, including policy 
justifications, the costs of development and implementation, 
revenues earned, and revenues lost. As part of the report, the 
conferees are interested in packaging services (``Pack and 
Send'') and specifically direct the Postal Service to describe 
how packaging services will meet ``customer demand'' in all 
geographic regions, especially rural areas, before such service 
is initiated. The conferees believe these issues deserve 
consideration by the authorizing committees.

                       Avondale-Goodyear, Arizona

      The conferees urge the Postal Service, before awarding 
any contract to purchase or lease property for the Main Post 
Office in Avondale-Goodyear, Arizona, to do an analysis of the 
population presently in this area to be used in assisting the 
Postal Service in making a selection which will be most 
accessible for the current and future population of the area. 
The Postal Service shall report to the Committees prior to 
awarding any contract for sale or lease, but in no event later 
than October 14, 1998.

                        Gilpin County, Colorado

      The conferees urge the Postal Service to seriously 
consider providing a separate ZIP Code for Gilpin County, 
Colorado.

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

                           White House Office

                         SALARIES AND EXPENSES

      The conferees agree to provide $52,344,000 for White 
House Office Salaries and Expenses, as proposed by the House 
and the Senate. The conferees provide $10,100,000 for 
reimbursements to the White House Communications Agency as a 
specific line item, as proposed by the House.

                 Executive Residence at the White House

                           OPERATING EXPENSES

      The conferees provide $8,061,000, as proposed by the 
House instead of $8,691,000, as proposed by the Senate and 
prohibit the use of these funds for domestic staff overtime. As 
a separate provision, the conferees include $630,000 for 
domestic staff overtime and make these funds available upon the 
Comptroller General notifying the Committees that the Executive 
Office of the President (EOP) has received, reviewed and 
commented on the draft report of the General Accounting Office 
(GAO) with respect to Executive Residence operations and that 
the GAO is in receipt of the EOP's comments.

                        Office of Administration

                         SALARIES AND EXPENSES

      The conferees agree to provide $28,350,000 for the Office 
of Administration as proposed by the House instead of 
$29,140,000 as proposed by the Senate.
      The conferees are aware that additional funds of 
$12,200,000 for Year 2000 compliance within the Executive 
Office of the President are required for fiscal year 1999.

                    Office of Management and Budget

                         SALARIES AND EXPENSES

       The conferees agree to provide $60,617,000 for the 
Office of Management and Budget as proposed by the Senate 
instead of $59,017,000 as proposed by the House. The conferees 
agree to delete the earmark and the fence on the use of funds 
for the Office of Information and Regulatory Affairs, as 
proposed by the Senate, and include two provisos regarding the 
review of transcripts of the Committees on Veterans' Affairs 
and agricultural marketing orders, as proposed by the House. 
The conferees have included new language to amend Section 
____.36 of OMB Circular A-110 to ensure that all data produced 
under an award will be made available to the public through the 
procedures established under the Freedom of Information Act.
      Including technical modifications, the conferees agree to 
include bill language requiring OMB to report on government 
wide paperwork reduction and the implementation of the 
Congressional Review Act, as proposed by the Senate.

               Performance of Statutory Responsibilities

       The conferees have agreed to delete the earmark of 
$5,229,000 for the Office of Information and Regulatory Affairs 
(OIRA) and a fence of $1,200,000 for OIRA. The conferees have 
been assured that OMB will strictly adhere to the statutory 
requirements included in the bill on Paperwork Reduction and 
the Congressional Review Act. The conferees will monitor OMB's 
compliance with these requirements carefully.

                Federal Employees' Pay Comparability Act

       The conferees question the validity of the 
Administration's use of the ``serious economic conditions'' 
exception in the Federal Employees', Pay Comparability Act 
(FEPCA) to put forth an alternative pay plan for 1999. Press 
reports have indicated that members of the Administration may 
have concerns regarding the pay setting methodology established 
by FEPCA. In an effort to see that FEPCA is either fully 
implemented or perfected, the conferees direct the President's 
Pay Agent to provide the Committees with any pay setting 
methodology concerns it has with regard to FEPCA by May 1, 
1999.

                        Century Date Conversion

      The conferees remain concerned that with little more than 
a year to go before the new millennium, many critical 
government information systems are still in jeopardy of not 
meeting the January 1, 2000, deadline for date conversion. The 
conferees further believe that the Administration has failed to 
adequately champion the Y2K issue, not only to its own 
departments, but has also not provided the critical national 
leadership and coordination to our local, state and 
international partners in both the public and private sectors. 
Information systems experts have reported that the Y2K fix is 
rooted in management and oversight, not in the lack of 
technology available to address the problem. Unfortunately, 
valuable time has been lost waiting for management to embrace 
the magnitude and consequences of this issue. Only recently, 
has organizational management finally recognized the potential 
for shut down of critical information systems associated with 
entitlement payments, revenue collection, air traffic control, 
defense systems, telecommunications, mass transit, supply 
inventories, elevator function, medical equipment, to mention a 
few. Many agencies at all levels of government still do not 
have a complete grasp of the problem and are now at the 
greatest risk for systems failure.
      The conferees direct the Administration to focus all of 
its attention and resources on the management and oversight of 
the most critical date sensitive information and infrastructure 
systems, prioritizing systems renovations, repair and 
replacement to those that can meet the January 1, 2000, 
deadline. The conferees further direct the Administration to 
accelerate the development of contingency plans for those 
critical systems that cannot meet the Y2K deadline, in order to 
maintain functional systems operations, until patent date 
conversion repairs can be completed.
      The conferees strongly encourage the new Y2K Czar to take 
a high profile national leadership position, to aggressively 
promote century date change awareness for both information 
technology systems and sensitive infrastructure applications. 
The Y2K Czar should monitor, coordinate and provide oversight 
over the progress of all government-wide century date change 
conversion initiatives, with the primary goal of maintaining 
critical systems operations into the new millennium. Finally, 
the Y2K Czar should have Administration standing to directly 
access and take control of any critical agency system that is 
in jeopardy of not meeting the January 1, 2000, deadline 
because of ineffective management action.
      OMB is directed to include in its quarterly Y2K report 
submissions an assessment of those critical information systems 
that will not meet the Y2K deadline and the problems that can 
be anticipated. In addition, the report should include the 
status of operational contingency plans for those systems 
identified as being in jeopardy.

                    Violent Crime Reduction Programs

      The conferees expect the President's budget submissions 
for the Department of the Treasury's funding from the Violent 
Crime Reduction Trust Fund be reflected for the Department as a 
whole and not separately within each bureau's request.

                 Office of National Drug Control Policy

                         SALARIES AND EXPENSES

       The conferees agree to provide $48,042,000 for the 
Office of National Drug Control Policy (ONDCP) as proposed by 
the Senate, instead of $36,442,000 as proposed by the House. 
This includes $13,000,000 to continue the technology transfer 
pilot program managed by the Counterdrug Technology Assessment 
Center (CTAC). It also includes $17,942,000 for ONDCP 
operations, as proposed by the Senate, $16,000,000 for the 
basic CTAC program, and $1,100,000 for policy research of which 
$100,000 is to be used for evaluating the Drug-Free Communities 
Act, as proposed by the Senate. The conferees agree to modify 
language governing the authority of ONDCP to accept and use 
gifts.
       The conference agreement separately funds $1,000,000 for 
Model State Drug Law Conferences through the Violent Crime 
Reduction Trust Fund.

                             ONDCP Staffing

      The conferees are concerned about requests by ONDCP to 
reprogram monies from the Salaries and Expenses account to fund 
other initiatives. The conferees in the past have fully 
supported and funded the full time equivalent staffing level 
requested by ONDCP and are concerned that ONDCP is not filling 
those vacancies but is instead requesting to use those funds 
for other purposes. The conferees believe that ONDCP needs to 
maintain its staffing at the authorized level in order to 
maximize the agency's effectiveness. The conferees therefore 
direct ONDCP to review its staffing requirements and report 
back to the Committees on Appropriations by December 15, 1998, 
on the steps it is taking to fill the vacancies or, if not, 
what changes it is making in its staffing plan.

                 Performance Measures of Effectiveness

      The conferees strongly urge ONDCP to work within the 
Administration to ensure that the Performance Measures of 
Effectiveness (PMEs) it developed are embraced and employed by 
all federal agencies for future budgetary and planning work. 
The conferees direct ONDCP to apply the same standard to its 
own internal management and organization, and to include such 
measures with each new budget submission.

                   Research and Analysis Initiatives

      The conferees recognize that ONDCP has proposed some 
initiatives for research that, owing to lack of resources, 
cannot be funded in this appropriation. Nonetheless, the 
conferees strongly urge ONDCP to continue to press through its 
interagency leadership to coordinate research in such areas as 
improving R&D coordination, developing a government-wide 
intelligence architecture, and mapping out drug trafficking 
flows.

                     Protective Security Assessment

      The conferees have included a new general provision, 
Section 643, as proposed by the Senate which directs the U.S. 
Marshals Service to conduct a threat assessment on the Director 
of the Office of National Drug Control Policy on a quarterly 
basis. The level of security is to be provided to ONDCP on a 
reimbursable basis by the U.S. Marshals Service and will be 
based on this quarterly threat assessment.

                         Rural Drug Conferences

      The conferees are concerned about the spread of drugs and 
drug-related crimes to rural areas and whether or not rural law 
enforcement can sufficiently address these new trends. 
Therefore, the conferees encourage the Director to consider 
convening a national conference on rural drug crime, to include 
regional conferences in rural areas, such as Luna County, NM, 
and similar counties in Colorado, in order to assess the needs 
of rural law enforcement and the impact that drug-related 
crimes have on rural communities as they cope with these 
issues.
      The conferees believe that ONDCP can combine its 
knowledge and experience working with larger communities in 
this area and translate effective drug fighting practices to 
rural law enforcement, while taking into consideration their 
unique needs. Should ONDCP convene this event, the conference 
is requested to report to the Committees on Appropriations and 
the Director of ONDCP on its findings.

                                 Shout

      The conferees have provided $50,000 to continue the work 
of SHOUT, an outreach organization that works with minors, as 
defined by 21 CFR 897.14. This early intervention program 
focuses on shaping the attitudes of minors in order to 
discourage the use of illegal substances.

                Counterdrug Technology Assessment Center

      The conferees expect the multiagency research and 
development programs to be coordinated by the Counterdrug 
Technology Assessment Center (CTAC) in order to prevent 
duplication of effort and to assure that, whenever possible, 
those efforts providecapabilities that transcend the need of 
any single Federal agency. Prior to obligation of these funds, the 
conferees expect to be notified by the chief scientist on how these 
funds will be spent. The conferees also expect to receive periodic 
reports from the chief scientist on the priority counterdrug 
enforcement research and development requirements identified by the 
Center and on the status of projects funded by CTAC.

                     Federal Drug Control Programs

             high intensity drug trafficking areas program

      The conferees provide $182,477,000, instead of 
$162,007,000 as proposed by the House and $183,977,000 as 
proposed by the Senate. The conferees agree to fund all 
existing High Intensity Drug Trafficking Areas (HIDTAs) at the 
fiscal year 1998 level. This funding level shall be based on 
direct fiscal year 1998 appropriations for HIDTAs contained in 
the HIDTA and Violent Crime Reduction Trust Fund accounts. The 
conferees also agree that not less than fifty-one percent of 
this amount shall be transferred to State and local entities 
for drug control activities.
      Within the amount appropriated, the conferees include 
$20,477,000 to supplement or expand existing HIDTAs, or provide 
for the creation of new HIDTAs. The conferees have been 
informed that unmet needs for funding exist in: the Arizona 
HIDTA for completion of an intelligence center and unmet 
programmatic needs for methamphetamine and border initiatives; 
the New Mexico HIDTA for unmet programmatic needs; the 
Southwest HIDTA for its wiretapping initiative; the Cascade 
HIDTA for unmet programmatic needs; the expansion of the 
Midwest HIDTA to include the State of North Dakota; the Rocky 
Mountain HIDTA for expansion of its methamphetamine initiative; 
the Chicago HIDTA for unmet programmatic needs; and the Central 
Florida HIDTA for unmet programmatic needs. Additionally, the 
conferees are aware of interest in the designation of new 
HIDTAs in the New England states, East Texas, Ohio, and Hawaii.
      While the conferees are obviously supportive of the HIDTA 
program, it is critical to the continued support and the health 
of all HIDTAs and the program in general that decisions about 
funding be founded on clear, concrete measures of performance. 
The conferees also believe that ONDCP must have the flexibility 
to allocate resources to those HIDTAs that will have the 
greatest impact on our drug problems. In making these 
decisions, ONDCP must focus on the performance of HIDTAs, 
existing or proposed, and their significant impact on drug 
trafficking, use, and associated crime. This means that ONDCP 
must assess which HIDTAs are the top performers and document 
the factors it uses to make this determination. At the same 
time, ONDCP must determine where the impact will be greatest 
based on the combined effect of HIDTA performance and the 
nature and severity of drug problems that exist in the areas 
where HIDTAs currently operate or are proposed--whether 
measured by use, associated crime, or volume of trafficking in 
drugs or money. The conferees therefore direct ONDCP to submit 
its fiscal year 2000 budget for HIDTAs based on applying both 
ONDCP's own performance measures of effectiveness and the 
priorities dictated by changing threats.

                        special forfeiture fund

      The conferees agree to provide $214,500,000, instead of 
$215,000,000 as proposed by the House and $200,000,000 as 
proposed by the Senate. This includes $185,000,000 for the 
youth media campaign, $20,000,000 for implementation of the 
Drug-Free Community Act, $5,000,000 for the chronic users 
study, and $4,500,000 for a transfer to the Agricultural 
Research Service for anti-drug research and related matters.

                          youth media campaign

      The conferees recommend a funding level of $185,000,000 
for the National Media Campaign. In fiscal year 1998, ONDCP 
proposed a 5-year media campaign at a total cost to the Federal 
government of $875,000,000. The initial request was based on a 
$175,000,000 annual funding level for five years of the 
program. The conferees continue to be fully supportive of this 
program and believe that this national media campaign, if 
properly executed, has the potential to produce concrete 
results. The conferees look forward to working with ONDCP on 
this effort to produce demonstrable results as the campaign 
matures.
      The conferees have included new language calling for 
ONDCP to report on its efforts to achieve corporate sponsorship 
beyond the matching requirement for participation in the media 
campaign; clarifies the pro bono requirement; and limits the 
possible use of funding for creative development efforts. The 
conferees agree that 75% of the funds will become available 
when ONDCP submits to the Committees the results of Phase I of 
the campaign and the remainder will become available when ONDCP 
submits the results of Phase II.
      The Committees will closely track this national media 
campaign, and its contribution to achieving a drug-free 
America. Therefore, the conferees direct ONDCP to submit 
quarterly reports on the obligation of funds as well as the 
specific parameters of the pilot campaign. The conferees 
anticipate that future funding will be based upon results. 
ONDCP is directed to report to the Committees on Appropriations 
by January 15, 1999 on the effectiveness of the national media 
campaign. In addition, ONDCP is to report to the Committees 
within 6 months of enactment of this Act on State and local 
prevention and treatment facilities infrastructure and their 
capacity to handle the increased demands of communities as a 
result of the national media campaign. ONDCP is to continue to 
report on the effectiveness and implementation status of the 
guidelines set out in the fiscal year 1998 appropriations bill.
      The conferees direct the General Accounting Office to 
conduct a financial audit and review of the financial 
transactions relating to the media campaign. The conferees 
request that the scope of the review include how monies have 
been obligated and the effectiveness of the campaign and report 
to the Committees on Appropriations. As part of this review, 
GAO shall determine the definition, acquisition, and 
utilization of matching contributions sought by ONDCP relating 
to the media campaign. In addition, the conferees direct GAO to 
review Phase I, the 12 city test pilot, and report its 
findingsto the Committees. This review is to examine the development of 
the test market plan for Phase I, determine the viability of 
extrapolating Phase I results to the national level, and determine the 
success of Phase I in the 12 city pilot.

                          chronic users study

      The Administration's budget estimate includes a request 
of $10,000,000 to expand a preliminary user study conducted in 
Cook County, IL. The Cook County study developed a methodology 
for estimating the number of hardcore drug users in the United 
States. Accurately identifying this population is important 
since they consume a massive amount of the drugs available in 
the United States, create a large proportion of the demand for 
illegal drug markets, and are responsible for a great deal of 
criminal activity. The accurate identification of this 
population will provide communities a base for estimating the 
type and number of drug treatment and prevention programs 
required.
      The conferees congratulate ONDCP on conducting this study 
and continue to support this effort. The conferees provide 
$5,000,000 to expand the study to regional areas. Although this 
is less than the request, the conferees understand that ONDCP 
may be able to use this level of funding to complete a study 
that can serve as an accurate basis for a national estimate of 
the size and location of chronic user populations. The 
conferees encourage ONDCP to work with the Department of Health 
and Human Services to identify additional funding sources, if 
necessary and available, and encourage ONDCP to promote 
utilization of the Cook County study that contributes to 
reductions in the population of hardcore drug users.

                          unanticipated needs

      The conferees agree to provide $1,000,000 as requested by 
the Administration for unanticipated needs.

          information technology systems and related expenses

      The conferees have not included language contained in the 
Senate bill to provide $3,250,000,000 in contingent emergency 
funding for Year 2000 computer conversion costs. On September 
2, 1998, the President transmitted to Congress a request for 
this level of funding in fiscal year 1998. The conferees expect 
that this issue will be resolved as part of a supplemental 
appropriation.

                     TITLE IV--INDEPENDENT AGENCIES

                      Federal Election Commission

                         salaries and expenses

      The conferees agree to provide $36,500,000 as proposed by 
the House and the Senate. This level of funding will support a 
base appropriation of $32,580,000, an additional $2,800,000 for 
enhanced enforcement efforts, as proposed by the House and 
Senate, and an additional $1,120,000 for other initiatives, as 
proposed by the House. The conferees fence $1,120,000, pending 
the submission of a plan for the obligation of these funds and 
provide that not less than $4,402,500 shall be available for 
internal automated data processing systems. The conferees 
strongly recommend that the FEC target the additional 
$1,120,000 in fenced appropriations to the improvement of 
enforcement procedures and preventing the unnecessary dismissal 
of appropriate enforcement actions; the conferees specifically 
recommend that FEC expedite automated data processing 
improvements as they relate to enforcement. The conferees 
assume that full time employment will not exceed 347 FTE in 
fiscal year 1999.

                    General Services Administration

                         federal buildings fund

                 limitations on availability of revenue

      The conference agreement provides $5,605,018,000 in new 
obligational authority for the General Services 
Administration's Federal Buildings Fund instead of 
$5,624,128,000 as proposed by the House and $5,648,680,000 as 
proposed by the Senate. In order to provide the resources 
necessary to carry out that program, the conferees have 
recommended an appropriation of $450,018,000 into the Fund 
instead of $479,300,000 as proposed by the House and 
$508,752,000 as proposed by the Senate.
      The conferees have provided $492,190,000 for the 
construction and acquisition of new projects instead of 
$527,100,000 as proposed by the House and $538,652,000 as 
proposed by the Senate. The conferees have included funding for 
the following projects:

Arkansas: Little Rock, U.S. Courthouse..................      $3,436,000
California:
    San Diego, U.S. Courthouse..........................      15,400,000
    San Jose, U.S. Courthouse...........................      10,800,000
Colorado: Denver, U.S. Courthouse.......................      83,959,000
District of Columbia: Southeast Federal Center 
    Remediation.........................................      10,000,000
Florida:
    Jacksonville, U.S. Courthouse.......................      86,010,000
    Orlando, U.S. Courthouse............................       1,930,000
Massachusetts: Springfield, U.S. Courthouse.............       5,563,000
Michigan: Sault Sainte Marie, Border Station............         572,000
Mississippi: Biloxi--Gulfport, U.S. Courthouse..........       7,543,000
Missouri: Cape Girardeau, U.S. Courthouse...............       2,196,000
Montana: Babb, Piegan Border Station....................       6,165,000
New York:
    Brooklyn, U.S. Courthouse...........................     152,626,000
    New York, U.S. Mission to the United Nations........       3,163,000
Oregon: Eugene, U.S. Courthouse.........................       7,190,000
Tennessee: Greenville, U.S. Courthouse..................      28,229,000
Texas: Laredo, U.S. Courthouse..........................      28,105,000
West Virginia: Wheeling, U.S. Courthouse................      29,303,000
Nationwide: Non-prospectus construction projects........      10,000,000

      The conferees have not provided funds for the Savannah, 
Georgia, U.S. Courthouse Annex project. The conferees are aware 
that at a recent meeting to consider the authorization of new 
courthouse construction projects, the Public Buildings and 
Economic Development Subcommittee of the House Committee on 
Transportation and Infrastructure deferred action on this 
project pending further review. The conferees further 
understand that that action was taken primarily because of the 
significant increase in estimated project cost that has 
occurred since the approval of funds for site acquisition and 
design, even though the size of the building has been reduced. 
The conferees share those concerns and, have, therefore, 
elected to defer funding for the project pending resolution of 
the issues that have been raised by the authorizing committee.
      The conferees recognize the efforts of the General 
Services Administration and the Judiciary to reduce the cost of 
courthouse construction and encourage the continuation of these 
efforts. The conferees are pleased thatthe Administrative 
Office of the U.S. Courts' recent draft utilization study answers some 
questions about the utilization rates of existing and proposed 
courthouses. The conferees are aware of the Judiciary's needs to have 
court space available to conduct business and understand their position 
that a courtroom's existence may result in moving a case to settlement. 
However, the conferees continue to be concerned that the courts are not 
fully examining information that is key to the development of a 
utilization planning model. As a result, the conferees request the 
Administrative Office of the U.S. Courts to revise the utilization 
study to include the assumptions used to develop the planning model. 
Additionally, the conferees direct the General Services Administration 
to provide the utilization rates of existing and proposed courtrooms 
with any request for new construction, replacement, or expansion of 
court space.
      The conference agreement includes language proposed by 
the Senate authorizing the General Services Administration to 
re-acquire the parcel of land on Block 111, East Denver, 
Denver, Colorado, which was sold at public auction by the 
Federal government to the present owner of the property.
      The conference agreement includes language proposed by 
the Senate which provides that funds provided in fiscal year 
1993 for the Hilo, Hawaii, federal building shall be expended 
for the planning and design of the Mauna Kea Astronomy 
Educational Center.
      The conference agreement deletes language proposed by the 
Senate regarding funding for the design of the Department of 
Transportation headquarters building and landing rights at 
Denver International Airport.
      The conference agreement includes language included in 
the House reported bill which provides that of the funds 
provided for non-prospectus construction projects, $2,100,000 
shall be available for acquisition, lease, construction, and 
equipping of flexiplace telecommuting centers.
      The conferees have also agreed to include language in the 
bill permitting the General Services Administration to 
purchase, at the appropriate price, real estate essential to 
meet security interests related to the successful completion of 
the new courthouse in Scranton, Pennsylvania.
      The conferees have provided $668,031,000 for repairs and 
alterations as proposed by the Senate instead of $655,031,000 
as proposed by the House. The conference agreement provides 
that $161,500,000 of the funds shall not be available for 
obligation until September 30, 1999, instead of $19,000,000 as 
proposed by the House and $323,800,000 as proposed by the 
Senate.
      The amount provided includes $25,000,000 for the 
chlorofluorocarbons program and $25,000,000 for the energy 
program as proposed by the Senate instead of $18,500,000 for 
each program as proposed by the House.
      The conferees have agreed to list in the bill the amounts 
provided for each of the projects and activities to be 
undertaken under Repairs and Alterations as proposed by the 
Senate. Accordingly, there is no need for GSA to submit the 
plan for program execution called for in the House report.
      The conference agreement includes the language contained 
in the Senate bill regarding the use of funds for security 
improvements.
      The conference agreement includes language proposed by 
the House which provides that funds provided in Public Law 103-
329 for the IRS Service Center in Holtsville, New York, shall 
remain available until September 30, 1999.
      The conference agreement includes language proposed by 
the Senate which: provides that $100,000 shall be used to 
address lighting issues at the Byrne-Green Federal Courthouse 
in Philadelphia, Pennsylvania; provides that $1,600,000 shall 
be used to complete alterations at the Milwaukee, Wisconsin, 
Courthouse; and provides that $1,100,000 may be used to provide 
a new fence for the Suitland Federal Complex in Suitland, 
Maryland.
      The conferees have provided $215,764,000 for installment 
acquisition payments as proposed by the House and the Senate.
      The conferees have provided $2,583,261,000 for rental of 
space as proposed by the Senate instead of $2,580,461,000 as 
proposed by the House. The conference agreement provides that 
$15,000,000 of the funds provided shall not be available for 
obligation until September 30, 1999, instead of $51,667,000 as 
proposed by the Senate.
      The conferees have provided $1,554,772,000 for building 
operations as proposed by the House and the Senate. The 
conference agreement provides that $68,000,000 of the funds 
provided shall not be available for obligation until September 
30, 1999, instead of $223,000,000 as proposed by the House and 
$31,095,000 as proposed by the Senate.
      The conference agreement provides that $475,000 shall be 
available for the 1999 Women's World Cup soccer event and that 
$600,000 shall be available for the 1999 World Alpine Ski 
Championships.

                    public service recognition week

      The conferees recognize that Public Service Recognition 
Week, a program of the Public Employees Roundtable, has 
educated America about the value of the career workforce which 
carries out the daily operations of government. This program, 
which has existed for over ten years, plays an important role 
in educating our nation's youth and providing them with timely 
information about their government. The conferees urge the 
General Services Administration to support the mission of the 
Public Employees Roundtable and provide administrative and 
logistical assistance equaling $100,000 for carrying out its 
Public Service Recognition Week activities.

              los angeles, california, civic center trust

      The conferees are aware that the U.S. Courthouse in Los 
Angeles, California, will be serving as the cornerstone for an 
economic revitalization of the Civic Center neighborhood, where 
currently more than 50 public and private projects are in 
various stages of development. The Los Angeles City Civic 
Center Trust, established by Project Restore, a nonprofit 
organization, will facilitate and coordinate this 
revitalization. The conferees urge the General Services 
Administration to continue its current work and support the 
mission of the Los Angeles Civic Center Trust by providing 
planning, administrative, and logistical support for its 
activities.

            ronald reagan courthouse--santa ana, california

      The conferees understand that none of the artwork 
acquired for the Ronald Reagan Courthouse in Santa Ana, 
California, recognizes PresidentReagan. The conferees urge the 
General Services Administration to acquire and display artwork that 
appropriately commemorates President Reagan. Further, the conferees 
urge the General Services Administration to work with the Ronald Reagan 
Presidential Library and Museum to determine the feasibility of 
maintaining a rotating exhibit at the Ronald Reagan Courthouse.

                        president harry s truman

      The conferees note that there is no major recognition of 
President Harry S Truman in the Nation's Capital. The conferees 
request that the General Services Administration review such 
proposals as may exist and report to the Committees on 
Appropriations no later than June 1, 1999.

                         policy and operations

      The conference agreement appropriates $109,594,000 for 
Policy and Operations instead of $108,494,000 as proposed by 
the House and $106,494,000 as proposed by the Senate. The 
conferees direct that $2,000,000 be provided for the pilot 
project in digital learning technologies as described in the 
House report and that $1,000,000 be used to initiate a digital 
education project.
      The conferees have also included language in the bill 
that provides that $100,000 of the funds appropriated shall be 
provided to the Property Disposal activity of this account. 
This amount represents the estimated fair market value of the 
property to be conveyed to the City of Racine, Wisconsin, as 
described in section 409 of the bill.
      The conferees have modified language proposed by the 
Senate regarding the Old Post Office at 1100 Pennsylvania 
Avenue in Washington, D.C., to make the language applicable 
only for fiscal year 1999 and to require that the comprehensive 
plan for use of the property also be approved by the Senate 
Committee on Environment and Public Works and the House 
Committee on Transportation and Infrastructure.

       surplus equipment to schools and educational institutions

      The conferees urge the General Services Administration, 
in line with its responsibilities for the disposal of excess 
and surplus Federal personal property, to promote and foster 
the transfer of excess and surplus computer equipment directly 
to schools and to appropriate nonprofit, community-based 
educational organizations. The GSA should communicate with 
other Federal agencies to heighten their ongoing awareness of 
the existing opportunities at both the national and local 
levels to meet the needs of the schools for such equipment.
      All Federal agencies are required, to the extent 
permitted by law and after determining that the equipment is 
excess to their needs, to give highest preference to schools 
and nonprofit organizations in the transfer of educationally 
useful Federal computer equipment. Agencies are required to 
inventory all computer equipment and identify in their 
inventories their excess and surplus equipment. Federal 
agencies are also required to report to GSA the transfer of any 
personal property, including computer equipment, made to 
nongovernmental entities such as schools.
      The conferees commend GSA and the Office of Science and 
Technology Policy (OSTP) for the progress that has been made 
simplifying and improving the Federal Surplus Computer Donation 
Program. One remaining hurdle for schools interested in 
participating in the program is the lack of operating systems 
on many donated computers. The conferees urge GSA and OSTP to 
work together with operating system providers to develop a 
partnership with those providers similar to the partnership 
that has already been formed with van lines to assist in 
transporting donated computers. The goal of this partnership 
would be to provide operating systems to schools which receive 
computers through the donation program.

         federal office building in colorado springs, colorado

      The Federal building located at 1520 Willamette Ave. in 
Colorado Springs, Colorado, is owned by GSA and is currently 
leased to the U.S. Air Force Space Command. It is the 
conferees' understanding that the Space Command is moving ahead 
with options to vacate the facility. In the event that Space 
Command does not renew its lease and the facility becomes 
vacant and is deemed surplus, the conferees urge GSA to 
strongly consider the U.S. Olympic Committee's (USOC) need for 
additional space and to give priority to the USOC's request to 
gain title or acquire the property.

          General Provisions--General Services Administration

      Section 401. The conference agreement includes a 
provision proposed by the Senate which provides that accounts 
available to GSA shall be credited with certain funds received 
from government corporations. The provision was also included 
in the House reported bill.
      Section 402. The conference agreement includes a 
provision proposed by the Senate which provides that funds 
available to GSA shall be available for the hire of passenger 
motor vehicles. The provision was also included in the House 
reported bill.
      Section 403. The conference agreement includes a 
provision proposed by the Senate which authorizes GSA to 
transfer funds within the Federal Buildings Fund to meet 
program requirements. A similar provision was included in the 
House reported bill.
      Section 404. The conference agreement includes a 
provision proposed by the Senate which prohibits the use of 
funds to submit a fiscal year 2000 budget request for 
courthouse construction projects that do not meet design guide 
criteria, do not reflect the priorities of the Judicial 
Conference of the United States, and are not accompanied by a 
standardized courtroom utilization study. A similar provision 
was included in the House reported bill.
      Section 405. The conference agreement includes a 
provision proposed by the Senate which provides that no funds 
may be used to increase the amount of occupiable square feet or 
provide cleaning services, security enhancements, or any other 
service usually provided, to any agency which does not pay the 
requested rental rates. The provision was also included in the 
House reported bill.
      Section 406. The conference agreement includes a 
provision proposed by the Senate which provides that funds 
provided by the Information Technology Fund for pilot 
information technology projects may be repaid to the Fund. The 
provision was also included in the House reported bill.
      Section 407. The conference agreement includes a 
provision proposed by the Senate which permits GSA to pay 
claims of up to $250,000 arising from construction projects and 
the acquisition of buildings. The provision was also included 
in the House reported bill.
      Section 408. The conference agreement includes a 
provision proposed by the Senate providing $5,000,000 for the 
demolition, cleanup, and conveyance of the property at block 
35, and lot 2 of block 36 in Anchorage, Alaska. The House bill 
contained no similar provision.
      Section 409. The conference agreement includes a 
provision proposed by the Senate authorizing GSA to convey the 
property which contains the U.S. Army Reserve Center in Racine, 
Wisconsin, to the City of Racine. The Senate language has been 
amended by deleting the phrase ``without consideration.'' The 
House reported bill contained a similar provision.
      Section 410. The conference agreement includes language 
proposed by the Senate directing the General Services 
Administration to enter into an operating lease to acquire 
space for the Department of Transportation headquarters. The 
House bill contained no similar provision.
      Section 411. The conference agreement includes a 
provision proposed by the House regarding the fees charged by 
GSA for the use of telecommuting centers by Federal agencies. 
The Senate bill contained no similar provision.
      Section 412. The conference agreement includes a 
provision proposed by the Senate authorizing GSA to transfer 
property in Dade County, Florida, to the University of Miami. 
The Senate language has been amended to allow a land exchange. 
The House reported bill contained a similar provision.
      Section 413. The conference agreement includes a 
provision directing GSA to reincorporate the elements of the 
original proposed design for the facade of the United States 
Courthouse project in London, Kentucky, into the revised design 
of the building. This will ensure that the construction of the 
new courthouse is compatible with the architectural character 
of the historic existing U.S. courthouse. The construction of 
the project should in no way be diminished in order to achieve 
this goal. This provision was included in the House reported 
bill.
      The conference agreement deletes language contained in 
section 411 of the Senate bill which appropriates $14,105,000 
for costs associated with the security of the Capitol complex. 
The conferees recognize the importance of Capitol security and 
have consulted with and deferred to the jurisdiction of the 
Legislative Branch Appropriations Subcommittee to coordinate 
those requirements.

                 Environmental Dispute Resolution Fund

      The conference agreement appropriates $4,250,000 for 
capitalization of the Environmental Dispute Resolution Fund and 
operation of the United States Institute for Environmental 
Conflict Resolution as proposed by the House. The Senate did 
not include funds for this activity.

                     Merit Systems Protection Board

      The conferees understand that an agreement has been 
reached between MSPB and its administrative judges regarding 
the establishment of a special pay classification for the 
administrative judges. The conferees are encouraged by this 
progress and urge MSPB to work with the proper House and Senate 
authorizing committees and the Office of Management and Budget 
so this agreement can be addressed in the fiscal year 2000 
budget submission and through appropriate legislative action.

              National Archives and Records Administration

                           OPERATING EXPENSES

      The conference agreement appropriates $224,614,000 for 
operating expenses of the National Archives and Records 
Administration instead of $216,753,000 as proposed by the House 
and $221,030,000 as proposed by the Senate. The conferees have 
included language delaying the availability of $7,861,000 of 
the funds appropriated until September 30, 1999, instead of 
$4,277,000 as proposed by the Senate.
      The conferees are aware that additional funds in the 
amount of $5,411,000 are required in fiscal year 1999 for Year 
2000 compliance.

                   NATIONAL PERSONNEL RECORDS CENTER

      The conferees are aware that in many instances veterans 
are experiencing significant delays, often as long as six 
months, when attempting to gain access to records they need to 
obtain medical assistance or other benefits from the National 
Personnel Records Center in St. Louis, Missouri. The conferees 
believe that this is unacceptable. The conferees are also aware 
that the National Archives and Records Administration (NARA) 
has initiated a business process re-engineering project at the 
center to address concerns about the timeliness of responses to 
veterans' requests. The implementation of this project will 
take about five years at a total cost of approximately 
$6,000,000. The goal of the program is to achieve case cycle 
time of 10 days or less. For fiscal year 1999, the NARA will be 
conducting a pilot test of the business process re-engineering 
program to validate the processes and methods that have been 
recommended. The conferees have been informed by NARA that this 
pilot test can be funded from within existing resources. The 
conferees further understand that the Archives plans to begin 
implementation of this program in fiscal year 2000. The 
conferees are very supportive of this extremely important 
effort and expect NARA to request the funds it needs to begin 
implementation of the program in the fiscal year 2000 budget.

                        REPAIRS AND RESTORATION

      The conference agreement appropriates $11,325,000 for 
repairs and restoration of Archives facilities as proposed by 
the Senate instead of $10,450,000 as proposed by the House. The 
conferees have not included language proposed by the Senate 
delaying the availability of $2,000,000 of the funds until 
September 30, 1999.
      The conference agreement includes language proposed by 
the Senate providing $875,000 for a requirements study and 
design of a facility in Anchorage, Alaska.

        National Historical Publications and Records Commission

                             GRANTS PROGRAM

      The conference agreement appropriates $10,000,000 for the 
Grants Program of the National Historical Publications and 
Records Commission instead of $6,000,000 as proposed by the 
House and $11,000,000 as proposed by the Senate.
      The conferees have included language delaying the 
availability of $4,000,000 of the funds until September 30, 
1999, instead of $5,500,000 as proposed by the Senate.
      The conferees have agreed to provide $4,000,000 for a 
grant to the Center for Jewish History instead of $5,000,000 as 
proposed by the Senate. The conferees note, however, that a 
single grant of this size is far beyond the scope of activities 
normally undertaken by the National Historical Publications and 
Records Commission. For example, the Commission expects to 
fund, in whole or in part, 103 proposals with the $5,500,000 
provided in fiscal year 1998. Therefore, the conferees agree 
that the funds provided for the Center for Jewish History 
represent the total to be provided from this account.

                        United States Tax Court

                         SALARIES AND EXPENSES

      The conference agreement appropriates $32,765,000 for the 
United States Tax Court as proposed by the Senate instead of 
$34,490,000 as proposed by the House.

                      TITLE V--GENERAL PROVISIONS

                                This Act

      Sec. 501. The conferees agree to continue to limit the 
expenditure of appropriated funds to the current year, unless 
otherwise designated.
      Sec. 502. The conferees agree to continue to limit 
funding for consulting services.
      Sec. 503. The conferees agree to continue to prohibit the 
use of funds prohibiting the enforcement of Sec. 307 of the 
1930 Tariff Act. (Sec. 307 bans imported goods produced by 
slave/forced labor.)
      Sec. 504. The conferees agree to continue the prohibition 
on transfer of control over FLETC.
      Sec. 505. The conferees agree to continue to protect 
civilian employee rights following assignment with the Armed 
Forces.
      Sec. 506. The conferees agree to continue the 
requirements on ``Buy American Act'' compliance.
      Sec. 507. The conferees agree to continue ``Sense of 
Congress'' language regarding purchase of American made 
equipment and products.
      Sec. 508. The conferees agree to continue to prohibit 
contract eligibility where fraudulent intent has been proven in 
affixing ``Made in America'' labels.
      Sec. 509. The conferees agree to a provision proposed by 
the House which prohibits funds to pay for an abortion or any 
administrative expenses for FEHBP plans that provide benefits 
or coverage for abortions.
      Sec. 510. The conferees agree to a provision proposed by 
the Senate in Title VI of this bill providing that Sec. 509 
shall not apply if the life of the mother is in danger or the 
pregnancy is the result of an act of rape or incest.
      Sec. 511. The conferees agree to a provision proposed by 
the Senate which authorizes the use of unobligated balances for 
certain purposes, providing that such requests be made in 
compliance with reprogramming guidelines.
      Sec. 512. The conferees agree to include a provision as 
proposed by both the House and Senate which prohibits the use 
of funds for the White House to request official background 
reports without the written consent of the individual who is 
the subject of the report.
      Sec. 513. The conferees have included language which 
provides that funds provided in this Act may be used to 
initiate or continue projects or activities, to the extent 
necessary, consistent with existing agency plans, to achieve 
Year 2000 (Y2K) conversion to ensure adequate funding until 
such time as supplemental appropriations are made available for 
that purpose. The language also includes a provision which 
requires agencies that use funds appropriated in this Act for 
Y2K conversion activities to restore funds to the program, 
project, or activity from which the funds were obligated when 
supplemental appropriations for Y2K conversion activities are 
made available.
      Sec. 515. The conferees agree to include a provision 
authorizing the payment of attorneys' fees, costs and sanctions 
by the Federal government in the case Association of American 
Physicians and Surgeons, Inc. v. Clinton from the White House 
Office Salaries and Expenses account, as proposed by the House 
in the House-reported bill.
      Sec. 516. The conferees agree to include a new provision 
authorizing the use of fifty percent of the fiscal year 1997 
unobligated balances available to the White House Salaries and 
Expenses account for the purposes of partially satisfying the 
conditions of Section 515.
      Sec. 517. The conferees have agreed to include language 
which makes technical corrections to the Morris K. Udall 
Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992.
      Sec. 518. The conferees have agreed to include a new 
provision regarding cost accounting standards to contracts 
under the FEHBP.
      The conferees delete a provision which provides for the 
appointment and reappointment of Staff Director and General 
Counsel of the Federal Election Commission.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

      Sec. 601. The conferees agree to continue a provision 
authorizing agencies to pay costs of travel to the United 
States for the immediate families of Federal employees assigned 
to foreign duty in the event of a death or a life threatening 
illness of the employee.
      Sec. 602. The conferees agree to continue a provision 
requiring agencies to administer a policy designed to ensure 
that all of its workplaces are free from the illegal use of 
controlled substances.
      Sec. 603. The conferees agree to continue a provision 
authorizing reimbursement for travel, transportation, and 
subsistence expenses incurred for training classes, 
conferences, or other meetings in connection with the provision 
of child care services to Federal employees.
      Sec. 604. The conferees agree to continue a provision 
regarding price limitations on vehicles to be purchased by the 
Federal government.
      Sec. 605. The conferees agree to continue a provision 
allowing funds made available to agencies for travel to also be 
used for quarters allowances and cost-of-living allowances.
      Sec. 606. The conferees agree to continue a provision 
prohibiting the Government, with certain specified exceptions, 
from employing non-U.S. citizens whose posts of duty would be 
in the continental U.S.
      Sec. 607. The conferees agree to continue a provision 
authorizing agencies to use funds to pay GSA bills for 
renovations and other services.
      Sec. 608. The conferees agree to continue a provision 
allowing agencies to finance the costs of recycling and waste 
prevention programs with proceeds from the sale of materials 
recovered through such programs.
      Sec. 609. The conferees agree to continue a provision 
providing that funds may be used to pay rent and other service 
costs in the District of Columbia.
      Sec. 610. The conferees agree to continue a provision 
prohibiting the use of appropriated funds to pay the salary of 
any nominee after the Senate voted not to approve the 
nomination.
      Sec. 611. The conferees agree to continue a provision 
precluding the financing of groups by more than one Federal 
agency absent prior and specific statutory approval.
      Sec. 612. The conferees agree to continue a provision 
authorizing the Postal Service to employ guards and give them 
the same special police powers as GSA guards.
      Sec. 613. The conferees agree to continue a provision 
prohibiting the use of funds for enforcing regulations 
disapproved in accordance with the applicable law of the U.S.
      Sec. 614. The conferees agree to continue a provision 
limiting the pay increases of certain prevailing rate 
employees.
      Sec. 615. The conferees agree to continue a provision 
limiting the amount of funds that can be used for redecoration 
of offices under certain circumstances.
      Sec. 616. The conferees agree to modify a provision 
prohibiting the expenditure of funds for the acquisition of 
additional law enforcement training facilities.
      Sec. 617. The conferees agree to continue a provision to 
allow for interagency funding of national security and 
emergency telecommunications initiatives.
      Sec. 618. The conferees agree to continue a provision 
requiring agencies to certify that a Schedule C appointment was 
not created solely or primarily to detail the employee to the 
White House.
      Sec. 619. The conferees agree to continue a provision 
requiring agencies to administer a policy designed to ensure 
that all of its workplaces are free from discrimination and 
sexual harassment.
      Sec. 620. The conferees agree to continue a provision 
prohibiting the use of funds for travel expenses not directly 
related to official governmental duties.
      Sec. 621. The conferees agree to a new provision 
providing that no adjustment shall take effect in fiscal year 
1999 in the rates of basic pay for the statutory pay systems 
under section 5303 of title 5, United States Code.
      Sec. 622. The conferees agree to continue a provision 
which prohibits the use of appropriated funds in this or any 
other Act to acquire information technology which does not 
comply with part 39.106 (Year 2000 compliance) of the Federal 
acquisition regulations.
      Sec. 623. The conferees agree to continue the provision 
prohibiting the importation of any goods manufactured by forced 
or indentured child labor.
      Sec. 624. The conferees agree to modify a provision which 
prohibits the use of funds for Sunday premium pay to an 
employee unless the work was actually performed.
      Sec. 625. The conferees agree to continue a provision 
which prohibits the use of funds to prevent Federal employees 
from communicating with Congress or to take disciplinary or 
personnel actions against employees for such communication.
      Sec. 626. The conferees agree to a new provision that 
provides additional flexibility relating to the FTS 2000 
contract.
      Sec. 627. The conferees agree to a new provision to 
protect Federal law enforcement officers who intervene in 
certain situations.
      Sec. 628. The conferees agree to a new provision 
reforming Federal firefighters overtime pay.
      Sec. 629. The conferees agree to a new provision 
requiring a joint review by the Department of the Treasury, the 
Department of Justice, and the Office of National Drug Control 
Policy on the coordination of Southwest border counter drug 
activities.
      Sec. 630. The conferees agree to a new provision that 
provides that for fiscal year 1999 and each fiscal year 
thereafter, each executive agency of the Federal government 
shall make available at a minimum $50,000 for expenses 
necessary to carry out a flexiplace work telecommuting program.
      Sec. 631. The conferees agree to a new provision to amend 
permanent law to make Senior Executive Service Presidential 
Awards based upon base salary percentages of 20 percent (for 
``Meritorious Awards'') and 35 percent (for ``Distinguished 
Awards'') rather than the current dollar amounts.
      Sec. 632. The conferees agree to a new provision to 
increase the formula used to calculate the aggregate amount 
available for performance awards to 10 percent of the Senior 
Executive Service pool or 20 percent of the average of annual 
rates of basic pay.
      Sec. 633. The conferees agree to a new provision 
regarding U.S. Government participation in the Universal Postal 
Union.
      Sec. 634. The conferees agree to continue a provision 
requiring the President to certify that no persons responsible 
for administering the Drug Free Workplace Program are 
themselves the subject of random drug testing.
      Sec. 635. The conferees agree to modify a provision 
prohibiting Federal training not directly related to the 
performance of official duties.
      Sec. 636. The conferees agree to continue a provision 
prohibiting expenditure of funds for implementation of 
agreements in nondisclosure policies, without ``Whistleblower'' 
protection clauses.
      Sec. 637. The conferees agree to continue a provision 
which prohibits executive branch agencies from the use of 
appropriated funds for publicity or propaganda purposes to 
support or defeat legislation pending before Congress.
      Sec. 638. The conferees agree to a new provision 
requiring the OMB to do an accounting statement and associated 
report on the cumulative costs and benefits of Federal 
regulatory programs, as proposed by the Senate and make this 
provision applicable for one year only.
      Sec. 639. The conferees agree to continue a provision 
providing that no funds may be expended to provide an 
employee's home address to a labor organization except when the 
employee has authorized such a disclosure or such disclosure 
has been ordered by a court of competent jurisdiction.
      Sec. 640. The conferees agree to continue a provision 
authorizing the Secretary of the Treasury to establish 
scientific certification standards for explosives detection 
canines.
      Sec. 641. The conferees agree to continue a provision 
prohibiting the use of appropriated funds to provide nonpublic 
information such as mailing or telephone lists to any person or 
organization outside of the Government.
      Sec. 642. The conferees agree to continue a provision 
prohibiting funding for publicity or propaganda purposes not 
authorized by Congress.
      Sec. 643. The conferees agree to a new provision that 
directs the U.S. Marshals Service to conduct a quarterly threat 
assessment on the Director of the Office of National Drug 
Control Policy upon which the Director's security needs will be 
based.
      Sec. 644. The conferees agree to a new provision to 
expand section 636 of the Treasury, Postal Service and General 
Government Appropriations Act, 1997 (Public Law 104-208) to 
include the judicial branch.
      Sec. 645. The conferees agree to a new provision 
directing employees to use ``official time'' in an honest 
effort to perform official duties. The conferees agree that 
this section does not affect the rights and responsibilities 
under chapter 71 of title 5, United States Code.
      Sec. 646. The conferees agree to a new provision 
providing monetary relief to importers whose legally purchased 
goods were denied entry upon arrival because of changes in 
official policy.
      Sec. 647. The conferees agree to a new provision 
regarding pay for Federal employees. The conferees anticipate 
that the President will issue an Executive Order allocating the 
3.6 percent pay increase between an increase in rates of basic 
pay for the statutory pay systems under section 5303 of title 
5, United States Code, and increases in comparability-based 
locality payments for General Schedule employees under section 
5304. The conferees have not made the language more specific so 
that the President may exercise his discretion to distribute 
any amount allocated for comparability-based locality payments 
in the most appropriate fashion among the pay localities 
established by the President's Pay Agent.
      Sec. 648. The conferees agree to a new provision 
requiring the Postal Rate Commission to submit an annual report 
to Congress regarding international mail rates.
      Sec. 649. The conferees agree to a new provision to 
extend the sunset date for Section 2(f)(2) of the Undetectable 
Firearms Act of 1988 (18 U.S.C. 922 note) from 10 to 15 years.
      Sec. 650. The conferees agree to a new provision to 
direct the Customs Service, in consultation with the U.S. Trade 
Representative and the Department of Commerce, to report on the 
importation of certain grains.
      Sec. 651. The conferees agree to a new provision to 
designate the Eugene J. McCarthy Post Office Building.
      Sec. 652. The conferees agree to a new provision 
authorizing the use of credit card rebates to support the Joint 
Financial Management Improvement Program.
      Sec. 653. The conferees agree to a new provision 
addressing use of accrued leave as it applies to Senior 
Executive Service reduction in force actions.
      Sec. 654. The conferees agree to a new provision 
directing agencies to assess the impact of Federal regulations 
and policies on families.
      Sec. 655. The conferees include a new provision relating 
to the application of 18 U.S.C., Section 922(t).
      Sec. 656. The conferees agree to a new provision 
addressing contraceptive coverage in health plans participating 
in the FEHB program.
      The conferees delete a provision included by the House 
prohibiting the use of appropriated funds for new nonpostal 
commercial activities or pack and send services.
      The conferees delete a provision included by the Senate 
prohibiting the acquisition of products produced by forced or 
indentured child labor.
      The conferees delete a provision included by the Senate 
authorizing agencies to provide child care in federal or leased 
facilities.
      The conferees delete a provision included by the Senate 
expressing a sense of Congress that a postal stamp be created 
to commemorate Oskar Schindler.
      The conferees delete a provision included by the Senate 
prohibiting the use of any funds in this Act to pay for 
abortions or administrative expenses of any FEHBP plans which 
provide abortion benefits. This provision is addressed in 
Section 509.
      The conferees delete a provision included by the Senate 
authorizing the expenditure of funds for abortions under the 
FEHBP if the life of the mother is in danger or the pregnancy 
is the result of an act of rape or incest. This provision is 
addressed in Section 510.
      The conferees delete a provision included by the Senate 
requiring any Senate or House bill or joint resolution of a 
public character to include a detailed analysis of the 
potential impact of such legislation on family well-being and 
on children.
      The conferees delete a provision included by the Senate 
authorizing $420,000,000 in emergency funding for the Strategic 
Petroleum Reserve.
      The conferees delete a provision included by the Senate 
expressing the sense of Congress that a postal stamp be created 
to honor the 150th Anniversary of Irish immigrants to the 
United States.
      The conferees delete a provision included by the Senate 
authorizing the Community and Postal Participation Act of 1998.
      The conferees delete a provision included by the Senate 
waiving Section 611 of this title to permit interagency funding 
of the National Bioethics Advisory Commission.
      The conferees delete a provision included by the Senate 
to permit the interagency funding of the National Science and 
Technology Council.
      The conferees delete a provision included by the Senate 
allowing amounts appropriated in this Act to be transferred to 
the FLETC ACIRE account. The conferees address this 
appropriation in Title I of this Act.
      The conferees delete a provision dealing with child care 
in Federal facilities proposed by the Senate.

            TITLE VIII--TECHNICAL AND CLARIFYING AMENDMENTS

      The conferees delete a new title authorizing the Office 
of National Drug Control Policy proposed by the Senate and 
instead insert a new title regarding administration of the DC 
Retirement Trust Fund.

       TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998

      The conference agreement includes a new Title, the 
Haitian Refugee Immigration Fairness Act of 1998, as proposed 
in the Senate bill, which provides certain Haitians who were 
paroled into the United States before December 31, 1995 and who 
applied for asylum by that date, and certain unaccompanied 
minors, to apply for adjustment of status. The House had no 
similar provision.
      In addition, the conference agreement adds a section 
requiring detailed reports from the Comptroller General on the 
numbers of aliens who apply for and receive status adjustment 
under this Act.

                   conference total--with comparisons

      The total new budget (obligational) authority for the 
fiscal year 1999 recommended by the Committee of Conference, 
with comparisons to the fiscal year 1998 amount, the 1999 
budget estimates, and the House and Senate bills for 1999 
follow:

New budget (obligational) authority, fiscal year 1998... $25,325,767,500
Budget estimates of new (obligational) authority, fiscal 
    year 1999...........................................  26,839,489,000
House bill, fiscal year 1999............................  26,614,669,000
Senate bill, fiscal year 1999...........................  29,923,612,000
Conference agreement, fiscal year 1999..................  26,772,527,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      1998..............................................  +1,446,759,500
    Budget estimates of new (obligational) authority, 
      fiscal year 1999..................................     -66,962,000
    House bill, fiscal year 1999........................    +157,858,000
    Senate bill, fiscal year 1999.......................  -3,151,085,000

                   Additional Provisions (Division A)

                            Sections 102-134

      The conference agreement includes $50,000,000 in final 
year funding for the nonpower programs of the Tennessee Valley 
Authority. Within this amount, $7,000,000 is provided for Land 
Between the Lakes.
      The conference agreement includes language permitting the 
Tennessee Valley Authority (TVA) to repurchase bonds issued by 
the Federal Financing Bank (FFB) without prepayment penalty. 
This provision will permit TVA to prepay its loans at less than 
their full contractual value, resulting in a savings to TVA of 
approximately $810,000,000 over ten years. The FFB, however, 
retains its contractual obligation to repay its corresponding 
loan from the Treasury at the full market value of the TVA 
loan. This will require additional appropriations to the FFB.
      The conference agreement repeals section 312 of the 
Energy and Water Development Appropriations Act, 1999. Section 
312 delayed until September 30, 1999, the obligation of 
$57,000,000 in the Atomic Energy Defense Activities, Weapons 
Activities appropriation account.
      The conference agreement provides $35,000,000 for the 
Columbia River Fish Mitigation, Washington, Oregon and Idaho, 
project of the U.S. Army Corps of Engineers.
      The conference agreement provides: $1,500,000 of 
previously appropriated funds to initiate construction of the 
Delaware River Mainstem and Channel Deepening, Delaware, New 
Jersey, and Pennsylvania, project; $400,000 of previously 
appropriated funds to initiate a comprehensive aquatic 
ecosystem restoration study in the Upper Susquehanna-Lackawanna 
Watershed; and $340,000 of previously appropriated funds to 
initiate construction of the Pierre, South Dakota, flood 
mitigation project, subject to authorization. The agreement 
also includes $1,500,000 of previously appropriated funds for 
water-related environmental infrastructure and resource 
protection and development projects in Allegheny County, 
Pennsylvania. Of this amount, $500,000 is for water resource 
projects in Scott Township, $500,000 is for projects in Shaler 
Township, and $500,000 is for projects in the municipality of 
Penn Hills.
      The conference agreement includes authorization and 
$750,000 for repair of the Archusa Water Park Dam, Quitman, 
Mississippi.
      The conference agreement includes $60,000,000 for solar 
and renewable programs in the energy supply account in addition 
to the amount provided for fiscal year 1999 in the Energy and 
Water Development Appropriations Act, 1999 (P.L. 105-245). Of 
this amount, $42,000,000 has been provided to reduce the 
$50,000,000 general reduction in the energy supply account that 
otherwise would have been applied to solar and renewable 
programs. The remaining $18,000,000 has been provided for high-
priority solar and renewable research and development 
activities. The Department is directed to submit a proposal for 
approval by the Committees on Appropriations within thirty days 
of enactment of this bill which includes the Department's plan 
to direct this additional amount to high-priority programs. The 
entire $60,000,000 is to remain available through September 30, 
2000.
      The conference agreement includes $15,000,000 for the 
Department of Energy to participate in the Next Generation 
Internet program. The Department is directed to award funds 
under this program using full and open competitive procedures.
      The conference agreement includes language prohibiting 
the use of funds appropriated for fiscal year 1999 to study, or 
implement any plan for, the drainage of Lake Powell or the 
decommissioning of Glen Canyon Dam.
      The conference agreement provides $100,000,000 for 
construction of and improvements to surface transportation 
projects located in the Commonwealth of Massachusetts.
      The conference agreement provides $100,000,000 for 
construction of and improvements to Corridor X of the 
Appalachian development highway system within the State of 
Alabama.
      The conference agreement provides $32,000,000 for 
construction of and improvements to the Appalachian development 
highway system in West Virginia.
      The conference agreement provides $100,000,000 for 
construction of and improvements to highway projects designated 
by section 1105(c)(18)(C)(ii) of the Intermodal Surface 
Transportation Efficiency Act of 1991, as amended by section 
1211(i) of the Transportation Equity Act for the 21st Century.
      The conference agreement includes an appropriation of 
$28,000,000, to remain available until expended, to enable the 
Secretary of Transportation to make grants to the state-owned 
Alaska Railroad. These funds are to be utilized for planning, 
design, administration and construction costs associated with 
the Anchorage International Airport-rail passenger station.
      The conference agreement rescinds $392,000,000 in excess 
contract authority from the Federal Transit Administration's 
discretionary grants program. A similar rescission was proposed 
by the Senate as part of the fiscal year 1999 Department of 
Transportation and Related Agencies Appropriations Act.
      The conference agreement includes a provision that 
provides within funding provided in the Department of 
Transportation and Related Agencies Appropriations Act, 1999, 
for discretionary grants under the obligation limitation for 
Federal Aviation Administration, ``Grants-in-Aid for Airports'' 
in fiscal year 1999, not less than $11,250,000 shall be made 
available for capital improvement projects at the Wilkes-Barre/
Scranton International Airport. These projects are in the FAA-
approved airport layout plan, and include construction of a new 
terminal building, relocation of the FAA air traffic control 
tower, and relocation of the airport rescue and firefighting 
facility. The conference agreement includes an understanding 
that the airport authority is supportive of renaming this 
airport after Congressman Joseph M. McDade, who has served that 
area of Pennsylvania faithfully and diligently for 36 years. 
The conferees are strongly supportive of the airport's efforts 
in this regard.
      The conference agreement includes a provision that 
provides within funding provided in the Department of 
Transportation and Related Agencies Appropriations Act, 1999, 
for discretionary grants under the obligation limitation for 
Federal Aviation Administration, ``Grants-in-Aid for Airports'' 
in fiscal year 1999, not less than $7,000,000 shall be made 
available for capital improvement projects at the Minneapolis/
St. Paul International Airport.
      The conference agreement amends the appropriating 
paragraph for the Joint Committee on Printing in the Conference 
Report on the Legislative Branch Appropriations, 1999 (H.R. 
4112) to provide that the $150,000 made available, subject to 
certain conditions, to the Committee on House Oversight shall 
be disbursed by the Chief Administrative Officer of the House 
of Representatives.
      The conference agreement includes a provision to 
appropriate $30,000,000 for the purpose of carrying out the 
provisions of the American Fisheries Act, which is included in 
Division C, title II of this Act, as follows: (1) $750,000 for 
the cost of a direct loan under section 207(a); (2) $20,000,000 
for direct payments under section 207(d); (3) $250,000 for the 
cost of the direct loans under section 211(e); (4) $1,000,000 
for the cost of direct loans in the Bering Sea and Aleutian 
Islands crab fishery; and (5) $8,000,000 for administrative 
expenses associated with implementation of this title. Neither 
the House nor Senate bills addressed this matter.
      The conference agreement inserts a new general provision, 
which includes the following amounts in addition to the amounts 
provided in the conference report (H. Rept. 105-769) 
accompanying H.R. 4194:
            (1) $10,000,000 for the housing opportunities for 
        persons with AIDS account. This amount is an increase 
        above the $215,000,000 provided for this program in the 
        Fiscal Year 1999 Departments of Veterans Affairs and 
        Housing and Urban Development, and Independent Agencies 
        Appropriations Act;
            (2) $45,000,000 for grants of $3,000,000 to each 
        urban empowerment zone designated by HUD under the 
        Taxpayer Relief Act of 1997 for economic development 
        activities consistent with the strategic plan of each 
        empowerment zone;
            (3) $20,000,000 for ``State and tribal assistance 
        grants'' for wastewater infrastructure needs in Boston, 
        Massachusetts. This additional funding brings the 
        fiscal year 1999 appropriation for Boston's wastewater 
        infrastructure project to $50,000,000;
            (4) $10,000,000 for AmeriCorps grants. This amount 
        is an increase above the earmarking of not more than 
        $227,000,000 for such grants provided in the Fiscal 
        Year 1999 Departments of Veterans Affairs and Housing 
        and Urban Development, and Independent Agencies 
        Appropriations Act;
            (5) $10,000,000 for ``Science and technology'' to 
        conduct additional research pursuant to the Climate 
        Change Technology Initiative. For fiscal year 1999, 
        $37,000,000 has been provided for such research in this 
        account;
            (6) $15,000,000 for the ``Community development 
        financial institutions fund program account'', bringing 
        the total fiscal year 1999 funding level to 
        $95,000,000; and
            (7) $5,000,000 of the community development block 
        grant funds provided in the 1999 appropriations shall 
        be for a grant to Cayuga County, New York, to repair 
        and rehabilitate the seawalls at the Owasco Lake 
        outlet.
      The conference agreement inserts a new general provision 
repealing Sec. 202 regarding GSE Default Loss Protection in the 
Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1999.
      The conference agreement inserts a new general provision 
making a technical correction to targeting language in the 
Quality Housing and Work Responsibility Act of 1998.
      The conference agreement inserts a new general provision 
clarifying the use of funds provided to Oklahoma City, 
Oklahoma, through the Community Development Block Grants 
program in the fiscal year 1999 appropriations Act.
      The conference agreement inserts a new general provision 
making technical modifications to a 1999 economic development 
initiative grant for Hawaii.
      The conference agreement inserts a new general provision 
making technical modifications to the reappointment authority 
of the VA's Under Secretary for Health.
      The conference agreement includes new language 
establishing a Trade Deficit Review Commission to study the 
nature, causes and consequences of the United States 
merchandise trade and current account deficits and report its 
findings to the President and the Congress. The conference 
agreement also includes language under this section 
appropriating $2,000,000 for the expenses of this Commission. 
Neither the House nor Senate bills addressed this matter.
      Sec. 130. The conference agreement includes a new section 
as proposed by the Administration that directs the Secretary of 
the Treasury to invest, or direct the Trustee to invest, the 
assets of the District of Columbia Pension Fund for Police 
Officers, Fire Fighters, and Teachers, in public debt 
securities not later than September 30, 1999. The intended 
results of this action, according to the Administration, is to 
increase Federal receipts by an estimated $2.414 billion in 
fiscal year 1999 and reduce receipts in subsequent years.
      Sec. 131. The conference agreement appropriates 
$25,000,000 as proposed by the Administration for economic 
development planning, project development, capital investments, 
loans, grants, administrative expenses and other purposes 
included in authorizing legislation enacted by the Council of 
the District of Columbia. The conference agreement directs that 
none of these funds be obligated or expended until at least 30 
days after the District of Columbia Financial Responsibility 
and Management Assistance Authority submits a spending plan to 
Congress.
      Sec. 132. The conference agreement appropriates 
$30,000,000 as proposed by the Administration for special 
education costs in the District of Columbia.
      Sec. 133. The conference agreement appropriates 
$20,000,000 as proposed by the Administration for Year 2000 
information technology and related chip replacement projects in 
the District of Columbia. The conference agreement directs that 
none of these funds be obligated or expended until at least 30 
days after the District of Columbia Financial Responsibility 
and Management Assistance Authority submits a spending plan to 
Congress.
      Sec. 134. The conference agreement appropriates 
$50,000,000 as proposed by the Administration for the repair 
and maintenance of roads, highways, bridges and transit in the 
District of Columbia and other economic development projects 
and planning in the District of Columbia. The conference 
agreement directs that none of these funds be obligated or 
expended until at least 30 days after the District of Columbia 
Financial Responsibility and Management Assistance Authority 
submits a spending plan to Congress.

           DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

    TITLE I--MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS

                               CHAPTER 1

                    Department of Defense--Military

      Chapter 1 of this title includes a total of 
$5,958,053,000 in emergency supplemental appropriations for the 
Department of Defense. The conference agreement includes: 
$1,301,000,000 for urgent personnel and readiness requirements 
of the armed forces; $1,858,600,000, the amount requested by 
the President for overseas contingency operations; and 
$259,853,000 for costs resulting from damage incurred at U.S. 
military installations in the United States and South Korea due 
to natural disasters (chapter 3 of this title includes related 
military construction funding). Additional funding is provided 
in this chapter for Ballistic Missile Defense enhancements, 
defense counter-drug and drug interdiction activities, and 
certain classified activities.
      The following table provides details of the emergency 
supplemental appropriations in this chapter for military 
readiness, overseas contingency operations, and damages 
resulting from natural disasters.

                               SUPPLEMENTAL APPROPRIATIONS, DEPARTMENT OF DEFENSE
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                     Readiness      Contingency     Facilities
                                                                   enhancements     operations        repair
----------------------------------------------------------------------------------------------------------------
  Military Personnel:
    Army........................................................          10,000         310,600               0
    Navy........................................................          33,300           9,275               0
    Marine Corps................................................           8,900           2,748             232
    Air Force...................................................               0          17,000               0
    Army Reserve................................................               0               0             343
    Navy Reserve................................................          10,000           2,295             100
                                                                 -----------------------------------------------
      Total, Military Personnel.................................          62,200         341,918             675
                                                                 ===============================================
  Operation and Maintenance:
    Army........................................................         314,500               0         139,056
    Navy........................................................         232,600               0          57,179
    Marine Corps................................................          52,400               0           8,470
    Air Force...................................................         303,000               0          34,254
    Army Reserve................................................           3,000               0             853
    Navy Reserve................................................               0               0           5,058
    Marine Corps Reserve........................................           3,300               0               0
    Air Force Reserve...........................................           9,000               0               0
    Army National Guard.........................................          50,000               0           5,750
    Air National Guard..........................................          21,000               0           4,355
    Overseas Contingency Operations Transfer Fund...............               0       1,516,682               0
    Morale, Welfare and Recreation and Personnel Support........          50,000               0               0
                                                                 -----------------------------------------------
      Total, Operation and Maintenance..........................       1,038,800       1,516,682         254,975
                                                                 ===============================================
  Other Department of Defense Programs:
    Navy Working Capital Fund...................................               0               0           2,083
    Defense Health Program......................................         200,000               0           2,120
                                                                 -----------------------------------------------
      Total, Other Department of Defense Programs...............         200,000               0           4,203
                                                                 ===============================================
      Grand Total...............................................       1,301,000       1,858,600         259,853
----------------------------------------------------------------------------------------------------------------

                         Readiness Enhancements

      The conference agreement includes a total of 
$1,301,000,000 to enhance personnel- and readiness-related 
programs supporting the armed forces, in the following 
categories:

Personnel Recruiting and Retention Initiatives:
    Military Personnel, Army............................     $10,000,000
    Military Personnel, Navy............................      23,300,000
    Military Personnel, Marine Corps....................       8,900,000
    Operation and Maintenance, Navy.....................      38,600,000
    Operation and Maintenance, Marine Corps.............      13,500,000
    Operation and Maintenance, Air Force................      10,000,000
    Operation and Maintenance, Army Reserve.............       3,000,000
    Operation and Maintenance, Air Force Reserve........       3,000,000
    Operation and Maintenance, Air National Guard.......       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................     113,300,000
                    ========================================================
                    ____________________________________________________
PERSTEMPO Relief Initiatives:
    Military Personnel, Navy............................      10,000,000
    Reserve Personnel, Navy.............................      10,000,000
    Operation and Maintenance, Marine Corps.............       5,500,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................      25,500,000
                    ========================================================
                    ____________________________________________________
MWR and Personnel Support...............................      50,000,000
                    ========================================================
                    ____________________________________________________
Flying Hours/Spare Parts:
    Operation and Maintenance, Navy.....................      45,000,000
    Operation and Maintenance, Air Force................     170,000,000
    Operation and Maintenance, Air Force Reserve........       6,000,000
    Operation and Maintenance, Air National Guard.......      18,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................     239,000,000
                    ========================================================
                    ____________________________________________________
Depot Maintenance:
    Operation and Maintenance, Army.....................      30,000,000
    Operation and Maintenance, Navy (Aviation)..........      75,000,000
    Operation and Maintenance, Navy (Ships).............      74,000,000
    Operation and Maintenance, Air Force................     123,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................     302,000,000
                    ========================================================
                    ____________________________________________________
Operating Forces Support:
    Operation and Maintenance, Army.....................     284,500,000
    Operation and Maintenance, Marine Corps.............      12,700,000
    Operation and Maintenance, Army National Guard......      50,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................     347,200,000
                    ========================================================
                    ____________________________________________________
Individual Combat Equipment:
    Operation and Maintenance, Marine Corps.............      20,700,000
    Operation and Maintenance, Marine Corps Reserve.....       3,300,000
                    --------------------------------------------------------
                    ____________________________________________________
            Subtotal....................................      24,000,000
                    ========================================================
                    ____________________________________________________
Defense Health Program..................................     200,000,000

                    overseas contingency operations

      The conference agreement includes $1,858,600,000, the 
amount requested by the President, for the costs of ongoing 
overseas contingency operations.

                           facilities repair

      The conference agreement includes a total of $259,853,000 
to conduct repairs to U.S. military facilities both within the 
United States and overseas due to storm damage and other 
natural disasters. This funding is distributed as follows:

Korea Flooding:
    Operation and Maintenance, Army.....................    $134,056,000
    Operation and Maintenance, Air Force................       1,700,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal........................................     135,756,000
                    ========================================================
                    ____________________________________________________
Hurricane Bonnie:
    Operation and Maintenance, Navy.....................       7,300,000
    Operation and Maintenance, Marine Corps.............       8,200,000
    Operation and Maintenance, Navy Reserve.............         408,000
    Navy Working Capital Fund...........................       1,758,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal........................................      17,666,000
                    ========================================================
                    ____________________________________________________
Hurricane Earl:
    Operation and Maintenance, Army.....................       2,184,000
    Operation and Maintenance, Navy.....................         100,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal........................................       2,284,000
                    ========================================================
                    ____________________________________________________
Hurricane Georges:
    Military Personnel, Marine Corps....................         232,000
    Reserve Personnel, Army.............................         343,000
    Reserve Personnel, Navy.............................         100,000
    Operation and Maintenance, Army.....................       2,816,000
    Operation and Maintenance, Navy.....................      49,779,000
    Operation and Maintenance, Marine Corps.............         270,000
    Operation and Maintenance, Air Force................      32,554,000
    Operation and Maintenance, Army Reserve.............         853,000
    Operation and Maintenance, Navy Reserve.............       4,650,000
    Operation and Maintenance, Army National Guard......       5,750,000
    Operation and Maintenance, Air National Guard.......       4,355,000
    Navy Working Capital Fund...........................         325,000
    Defense Health Program..............................       2,120,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal........................................    $104,147,000

                          classified programs

      Adjustments to classified programs are addressed in a 
classified annex accompanying this conference agreement.

                         defense health program

      The conference agreement includes $200,000,000 in 
emergency supplemental appropriations for the Defense Health 
Program, to address funding shortfalls and other requirements 
which have emerged since submissions of the fiscal year 1999 
budget request. These funds shall be used, as required, to 
address the operation and maintenance program level adjustments 
directed in the conference report accompanying the Department 
of Defense Appropriations Act, 1999; new mission requirements, 
including implementation of automated clinical guidelines and 
outcome management; and backlogs in real property maintenance.

         drug interdiction and counter-drug activities, defense

      The conference agreement includes $42,000,000 in 
emergency supplemental appropriations for the following high-
priority requirements:

National Guard General Support..........................     $20,000,000
Observation/Spray Aircraft..............................       8,000,000
Caribbean/Eastern Pacific Surface Interdiction..........       8,000,000
Operation CAPER FOCUS...................................       6,000,000

                    General Provisions--This Chapter

      Division B, Title I of the conference agreement includes 
section 101, which provides authorization for intelligence 
activities in this Act.
      The conference agreement includes section 102, which 
provides $1,000,000,000 in emergency supplemental 
appropriations for Ballistic Missile Defense program 
enhancements.
      Recent launches of longer range and increased payload 
rockets by Iran and North Korea have highlighted the growing 
threat posed by ballistic missiles. Despite significant 
investment and strong congressional support, this nation has 
achieved only limited improvements in its ability to defeat 
theater ballistic missiles since facing this threatduring 
Operation Desert Storm. Further, as highlighted by the recent report of 
the Commission to Assess the Ballistic Missile Threat to the United 
States, more and more nations have within their grasp access to 
intercontinental ballistic missiles (ICBM) and ICBM technology. The 
United States must respond now. To enable this response, the conference 
agreement includes an emergency supplemental appropriation of 
$1,000,000,000 for ballistic missile defense program enhancements.
      The funds are for the sole purpose of enhancing our 
ability to confidently and expeditiously develop and deliver 
ballistic missile defense capability, and shall be available 
only for allocation by the Secretary of Defense. The Secretary 
shall use these funds only to accelerate development and 
enhance testing of theater and national ballistic missile 
defense programs, and shall also give consideration to 
allocating these funds to program and infrastructure activities 
which accelerate this nation's efforts to field theater and 
national ballistic missile defense capability. The Secretary of 
Defense shall provide written notification to the congressional 
defense committees 30 days before allocating any of the 
available funds to a specific ballistic missile defense 
program.
      The conference agreement includes section 103, which 
provides $259,853,000 in emergency supplemental appropriations 
only for emergency expenses incurred at U.S. military 
facilities or installations as a result of storm damage or 
other natural disasters.
      The conference agreement includes section 104, which 
provides $2,000,000 in supplemental appropriations only for the 
construction of additional ``Fisher Houses'', which are used by 
military families for temporary lodging when confronted with 
the illness or hospitalization of service members or their 
dependents.
      The conference agreement includes section 105, which 
amends section 8136 of the Department of Defense Appropriations 
Act, 1999.

                               CHAPTER 2

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities

                        Other Defense Activities

      The conference agreement includes $200,000,000 for 
expenditures in the Russian Federation to implement a United 
States/Russian accord for the disposition of excess weapons 
plutonium. None of these funds may be obligated until the 
Department of Energy submits a detailed budget justification to 
Congress, and the House and Senate Committees on Appropriations 
have approved the proposal.
      The conference agreement includes $325,000,000 for the 
purchase of natural uranium associated with the 1997 and 1998 
deliveries under the United States-Russian Highly Enriched 
Uranium (HEU) Purchase Agreement.

                               CHAPTER 3

              DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION

      The conference agreement provides a total of 
$209,492,000, of which $118,000,000 is designated as an 
emergency, as requested, for damage related to monsoons in the 
Republic of Korea, and $91,492,000 is provided as a contingency 
for storm related damage. Authorization for these projects, 
including planning and design, is provided in 10 U.S.C. 2854 
and 10 U.S.C. 2803.

                      Military Construction, Army

      The bill includes $118,000,000, as requested, for 
planning and design and to replace facilities destroyed by 
monsoons in the Republic of Korea during August of 1998, as 
follows:
        Location/Facility                                           Cost
Camp Casey:
    Whole Barracks Complex Renewal......................     $29,000,000
    Bachelor Officer Quarters...........................       6,500,000
    Warehouses..........................................       7,700,000
    Administrative Facility.............................      10,600,000
    Vehicle Maintenance Shop............................       7,500,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Camp Casey............................      61,300,000
Camp Hovey:
    Whole Barracks Complex Renewal......................      20,000,000
    Bachelor Officer Quarters...........................       6,400,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Camp Hovey............................      26,400,000
Camp Red Cloud:
    Consolidated Administrative Facility................       6,900,000
    Bachelor Officer Quarters...........................      12,400,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Camp Red Cloud........................      19,300,000
Camp Howze:
    Community Service Center............................       1,750,000
    Company Operations Building.........................       2,650,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Camp Howze............................       4,400,000
Planning and Design.....................................       6,600,000
                    ========================================================
                    ____________________________________________________
            Grand Total.................................     118,000,000

      In a number of instances, these construction projects 
include consolidation of activities that were previously 
conducted in a number of facilities that have been destroyed. 
All projects, for which funds are appropriated, including such 
consolidations and planning and design, are authorized by 10 
U.S.C. 2854. Language is also included, as requested, 
authorizing the Secretary of the Army to acquire property and 
carry out a military construction project at Camp Casey, Korea 
in the amount of $12,016,000.

                      Military Construction, Navy

      The conference agreement provides a total of $5,860,000 
as a contingent emergency appropriation due to storm damage for 
the following projects:

Mississippi--Gulfport Naval Construction Training 
    Center:
    Consolidated equipment operator training facility...        $860,000
Puerto Rico--Naval Station Roosevelt Roads:
    CPO Club............................................       1,000,000
    Pier replacement....................................       4,000,000

                    Military Construction, Air Force

      The conference agreement provides a total of $29,200,000, 
as a contingent emergency appropriation due to storm damage and 
for force protection which are authorized under 10 U.S.C. 2803 
and 10 U.S.C. 2854 for the following project:

Mississippi--Keesler AFB:
    Electrical Distribution System......................     $27,000,000
Turkey--Incirlik AB:
    Base Main Gate Complex..............................       2,200,000

               Military Construction, Army National Guard

      The conference agreement provides $2,500,000 as a 
contingent emergency appropriation due to storm damage for a 
bridge replacement at Camp Santiago, Puerto Rico. Authority is 
provided for the Army National Guard to procure targetry 
systems in support of military construction projects as 
specified in Senate Report 105-213.

               Military Construction, Air National Guard

      The conference agreement provides $15,900,000 as a 
contingent emergency appropriation due to storm damage for the 
following projects:

Mississippi--Gulfport Air National Guard Base:
    Replace fire station................................      $2,600,000
    Replace hangar 69...................................       7,100,000
    Replace dormitory...................................       6,200,000

                          Family Housing, Army

      The conference agreement provides $5,200,000 as a 
contingent emergency appropriation due to storm damage of 
family housing units and whole house improvements for 
rehabilitation of family housing units referred to in section 
8142 of the Department of Defense Appropriations Act, 1999 at 
Ft. Buchanan, Puerto Rico.

                 Family Housing, Navy and Marine Corps

      The conference agreement provides $10,599,000 as a 
contingent emergency appropriation due to storm damage for 
repair and replacement of family housing units and necessary 
debris removal and clean-up at the following locations:

Florida--Key West Naval Air Station.....................      $1,547,000
Florida--Pensacola Naval Station........................         650,000
Mississippi--Gulfport Construction Battalion Center.....       2,802,000
North Carolina--Camp Lejeune............................       2,000,000
North Carolina--Cherry Point............................         500,000
Puerto Rico--Roosevelt Roads............................       3,100,000

      Repairing damage caused by Hurricane Georges to one Navy 
general or flag officer quarters at Naval Station Roosevelt 
Roads, Puerto Rico may exceed the maintenance and repair 
threshold of $25,000. The report required by House Report 105-
578 may be submitted after these repairs are completed.

                       Family Housing, Air Force

      The conference agreement provides a total of $22,233,000 
as a contingent emergency appropriation due to storm damage for 
repair and replacement of necessary family housing units, 
supporting facilities, electrical distribution, and necessary 
debris removal and clean-up at the following locations:

Florida--Hurlburt Field.................................        $113,000
Florida--Eglin AFB......................................         120,000
Mississippi--Keesler AFB................................      22,000,000

                           General Provisions

      A general provision is included which makes a technical 
correction to Section 2304(c)(2) of the Strom Thurmond National 
Defense Authorization Act for fiscal year 1999.

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

      In total, this chapter of the bill includes $210,000,000 
for support of the U.S. Coast Guard. Of this amount, 
$72,000,000 is to maintain the Coast Guard's operational 
readiness, and $138,000,000 is for the Coast Guard to play an 
expanded role in drug interdiction activities. The entire 
amount is designated as an emergency requirement and made 
contingent on the President's request and designation of such 
as an emergency.

                           Operating Expenses

      The bill includes $100,000,000 for additional necessary 
operating expenses of the Coast Guard, $28,000,000 of which is 
only available for expenses related to expansion of drug 
interdiction activities. The balance of funding is provided to 
maintain the Coast Guard's operational readiness across all 
mission areas. The entire amount is designated as an emergency 
requirement and made contingent on the President's request and 
designation of such as an emergency.

              Acquisition, Construction, and Improvements

      The bill includes $100,000,000 for additional necessary 
expenses for capital acquisition, construction, renovation and 
improvement programs of the Coast Guard. This funding is 
included to expand the Coast Guard's drug interdiction 
capabilities. The entire amount is designated as an emergency 
requirement and made contingent on the President's request and 
designation of such as an emergency. The bill specifies that 
the funds are available only to purchase specific assets for 
increasing drug interdiction capabilities, as follows:
        Program                                                   Amount
 Barracuda-class coastal patrol boats...................     $33,000,000
Cutter sensors & communication systems..................      13,000,000
Reactivation of HU-25 jets..............................       7,500,000
Operational test, use of force from aircraft............       2,500,000
Aircraft sensors & C-130 engine upgrade.................      44,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     100,000,000

                            Reserve Training

      The bill includes $5,000,000 for additional necessary 
expenses for reserve training and stipulates that the highest 
priority for use of these funds is enhancement of drug 
interdiction activities conducted by the Coast Guard reserves. 
The bill designates the entire amount as an emergency 
requirement, and restricts the Coast Guard from transferring 
any of these funds to the service's operating account. The 
funding is made contingent on the President's request and 
designation of such as an emergency requirement.

              Research, Development, Test, and Evaluation

      The bill includes $5,000,000 for additional necessary 
expenses for research, development, test, and evaluation 
activities of the Coast Guard. The bill specifies that drug 
interdiction technologies and related operations research shall 
receive the highest priority for the use of these funds. The 
entire amount is designated as an emergency requirement and 
made contingent on the President's request and designation of 
such as an emergency.

                        TITLE II--ANTITERRORISM

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

      The conference agreement includes $21,680,000, as 
requested, to remain available until expended as an emergency 
appropriation to provide additional funds for staff and 
equipment to increase the capacity and capability of the 
Federal Bureau of Investigation to respond to acts of 
terrorism. These funds, when combined with existing resources, 
will enable the FBI to establish a total of five rapid 
deployment teams.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

      The conference agreement includes $773,700,000, to remain 
available until expended, as an emergency appropriation. Of 
this amount, $748,000,000 is to provide funds for 
reconstitution of embassy activities in Nairobi, Kenya and Dar 
es Salaam, Tanzania, and for security improvements for overseas 
facilities, as requested. In addition, $25,700,000, which is 
provided above the request, and release of which is contingent 
upon a Presidential emergency declaration, is to continue 
funding for antiterrorism requirements overseas initiated in 
the fiscal year 1997 Appropriations Act. The provision includes 
language permitting the Secretary of State to procure services 
and equipment overseas necessary to improve worldwide security 
and reconstitute embassy operations in Kenya and Tanzania on 
behalf of any other agency. The Department is expected to 
consult with the relevant Committees on plans for expenditure 
of funds to assure that the Committees are in agreement on all 
planned uses of these funds. The Department is expected to 
report annually to the relevant Committees on the expenditure 
of funds made available in this emergency supplemental, to 
provide Congress a clear accounting of the progress in 
implementing this package of enhancements.

                         SALARIES AND EXPENSES

      The conference agreement includes $12,000,000 in 
emergency funding, as requested, to remain available until 
expended, to provide funds for security improvements and for a 
security review panel.

                      OFFICE OF INSPECTOR GENERAL

      The conference agreement includes $1,000,000 in emergency 
funding, as requested, to remain available until expended, to 
provide funds to enable the Inspector General to carry out 
additional security oversight and construction inspections at 
U.S. diplomatic posts abroad.

           SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

      The conference agreement includes $627,000,000 in 
emergency funding, as requested, to remain available until 
expended. This is to provide funds for reconstruction of 
embassy facilities in Nairobi, Kenya and Dar es Salaam, 
Tanzania, for reconstitution of embassy activities in interim 
facilities, and for other activities that improve the security 
of overseas facilities of the State Department and other 
Federal agencies. Of the $627,000,000, $56,000,000 is for 
security projects, relocations, and security equipment on 
behalf of missions of other U.S. Government agencies. In 
addition, $185,000,000 of this amount is for capital 
improvements or relocation of office and residential facilities 
to improve security, which can only be made available 15 days 
after notice to the Committees on Appropriations.

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

      The conference agreement includes $10,000,000 in 
emergency funding, as requested, to remain available until 
expended, to provide funds for emergency expenditures resulting 
from the bombing of embassy facilities in Nairobi, Kenya and 
Dar es Salaam, Tanzania, including expenses related to 
evacuations, rewards, and the medical and other needs of 
employees and their families.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                                Military

                operation and maintenance, defense-wide

      The conference agreement includes $358,427,000 in 
emergency supplemental appropriations for Operation and 
Maintenance, Defense-Wide for counter-terrorism programs, 
security enhancements, and other programs.

                          classified programs

      Adjustments to classified programs are addressed in a 
classified annex accompanying this conference agreement.

       domestic preparedness against weapons of mass destruction

      The conference agreement includes $50,000,000 in 
emergency supplemental appropriations to initiate and expand 
activities of the Department of Defense to prevent, prepare 
for, and respond to a potential terrorist attack in the United 
States involving weapons of mass destruction (WMD). The 
National Guard, with its dual status as both a federal and 
state force, has great potential to enhance the nationwide WMD 
response capability. The Department of Defense has invested 
billions of dollars in WMD detection, warning, protection, and 
decontamination and possesses much knowledge and technology 
that can be transferred to civil authorities. The National 
Guard is the logical entity to act as a conduit between the 
Department of Defense and state and local civil authorities to 
avoid duplication of effort, and to explain the needs of civil 
authorities to Department of Defense planners.
      The conference agreement provides funds for the following 
activities:

  National Guard Personnel, Army:
    WMD training and support..................................$4,000,000
  National Guard Personnel, Air Force:
    WMD training and support.................................. 1,000,000
  O&M, Army National Guard:
    Consequence management....................................20,000,000
  O&M, Army:
    Consequence management.................................... 2,000,000
  Procurement, Defense-Wide:
    Consequence management.................................... 8,000,000
  RDT&E, Army:
    Consequence management....................................15,000,000

      The expanded training initiatives developed with 
research, development, test and evaluation funds are to be 
fully coordinated and integrated with efforts being planned by 
other agencies under the new federal framework that has been 
developed. The Department of Defense training program shall be 
focused on: (a) transferring military knowledge, expertise, and 
technology regarding the detection, warning, protection, and 
decontamination of weapons of mass destruction to appropriate 
federal, state and local personnel; and (b) promoting the 
interoperability between designated WMD emergency response 
units of the National Guard and counterpart federal, state, and 
local first responder units. Emphasis will be given to 
developing a comprehensive and sustainable training curriculum 
to include operational training and refresher courses as well 
as basic classroom coursework. Implementation of this training 
program shall use existing infrastructure to the fullest 
possible extent with emphasis on the use of distributive 
training technology (e.g., RCAS, Warrior Network, and the 
collaborative virtual workspace initiative) at National Guard 
and Reserve Component armories, air bases, schools, and other 
appropriate facilities.
      In addition to the activities identified in House Report 
105-591, funds are to be used to provide assistance to civil 
authorities in conducting detailed equipment needs assessments 
and procuring or loaning basic and essential equipment to those 
communities; procure equipment for RAID Elements to include 
mobile analytical laboratory systems, unified communications 
suites and other essential operational and communications/
computer equipment; establish and equip small organizations in 
each of the 44 states not receiving an initial RAID Element in 
1999 to provide limited chemical/biological response 
capabilities; develop joint doctrine and training plans; and 
test/evaluate the new system through a comprehensive joint 
exercise program.

                    General Provisions--This Chapter

      Division B, Title II of the conference agreement includes 
section 201, as proposed in the supplemental budget request, 
which amends Section 374 of title 10, United States Code, in 
order to foster better coordination between the Department of 
Defense and other Federal agencies with regard to counter-
terrorism activities.
      The conference agreement includes section 202, which 
provides $50,000,000 in emergency supplemental appropriations 
for Domestic Preparedness programs of the Department of Defense 
against Weapons of Mass Destruction.
      The conference agreement includes section 203, which 
provides $120,500,000 in emergency supplemental appropriations 
for the provision of crisis response aviation support.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance

                         economic support fund

                     (including transfers of funds)

      The conference agreement appropriates $50,000,000 for an 
additional amount for ``Economic Support Fund'' for assistance 
for Kenya and Tanzania, to remain available until September 30, 
2000. These funds are designated an emergency requirement under 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, pursuant to the President's request.
      In addition, the conference agreement provides for the 
transfers of $2,500,000 to ``Operating Expenses of the Agency 
for International Development'' and $1,269,000 to ``Peace 
Corps'' for security and related expenses, and funds are 
authorized to be made available for administrative costs 
associated with assistance provided under this heading. Funds 
appropriated under this heading are subject to the regular 
notification procedures of the Committee on Appropriations.

    nonproliferation, anti-terrorism, demining and related programs

      The conference agreement appropriates $20,000,000 for an 
additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'' for anti-terrorism assistance. 
These funds are designated an emergency requirement under the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, pursuant to the President's request.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 Operation of the National Park system

      An additional $2,320,000 is provided for operation of the 
national park system to address emergency, security-related 
expenses. This amount is designated by the Congress as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                              Construction

      An additional $3,680,000 is provided for construction to 
address emergency, security-related expenses. This amount is 
designated by the Congress as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                               CHAPTER 5

                        ARCHITECT OF THE CAPITOL

      The conference agreement provides $100,000,000 to the 
Architect of the Capitol for planning, engineering, design, and 
construction of a Capitol visitor center, a facility that will 
provide greater security for all persons working in or visiting 
the United States Capitol and a more convenient place in which 
to learn of the work of the Congress. Each of the above-named 
milestones will require the approval of the appropriate 
authorizing and appropriations committees as the project 
progresses. The language of the bill also provides that 
appropriated funds for this purpose be supplemented by private 
funds. In this way, all citizens may share in both the services 
that will be provided by a visitor center as well as an 
opportunity to help defray the costs of construction.
      The Architect of the Capitol completed an earlier design 
of a proposed center in 1995. The planning that supported that 
design needs a thorough review and a more current endorsement 
from the committees of jurisdiction. The Capitol Preservation 
Commission is considering a proposal to have the General 
Accounting Office undertake an analysis of all ancillary costs 
and operational impacts of a visitor center. It is appropriate 
that this study go forward during the planning phase and be 
incorporated into the analysis that underpins the revised plan.
      The funding for the visitor center will remain available 
until expended and the language provides that section 3709 of 
the revised statutes shall not apply to these expenditures. The 
latter provision is standard on such projects and allows 
negotiated bidding as well as a competitive process. The 
Architect of the Capitol is directed not to expend any funds 
for this project without an obligation plan approved by the 
House and Senate Committees on Appropriations which shall 
specify the purpose and amount of anticipated obligations. The 
authorizing committees will oversee these activities in the 
normal manner.

                              JOINT ITEMS

                          CAPITOL POLICE BOARD

                         Security Enhancements

      The conference agreement provides $106,782,000 to the 
Capitol Police Board for security enhancements to the United 
States Capitol complex and the Library of Congress buildings 
and grounds. These funds will remain available until expended. 
Language has also been included to allow the transfer of funds 
to either the Architect of the Capitol or the Library of 
Congress, based upon plans approved by the Committee on House 
Oversight of the House of Representatives, the Committee on 
Rules and Administration of the Senate, and the House and 
Senate Committees on Appropriations. The Capitol Police Board, 
Architect of the Capitol, and the Library of Congress are 
directed not to expend any funds for these security 
enhancements without an obligation plan approved by the House 
and Senate Committees on Appropriations which shall specify the 
purpose and amount of anticipated obligations. The authorizing 
committees will oversee these activities in the normal manner.
      The Capitol Police Board is directed to secure approval 
of any plans necessary to carry out these security enhancements 
from the above-named committees. In carrying out this task, the 
police board will be expected to consult with the Architect of 
the Capitol and the Library of Congress. Those agencies, in 
turn, are directed to make all such requests through the police 
board for resource allocations from the funds available. The 
Committees on Appropriations will not approve obligations or 
transfers of funds until the authorizing and appropriations 
committees of the respective body have approved the appropriate 
plans.
      Due to the recent tragic shootings at the Capitol, 
together with other threats identified by Congressional 
security experts, the Capitol police have undertaken a broad 
review of the existing security program and needs for 
improvement or updating. This review, aided by other Federal 
security agencies and private consultants, has developed a 
number of proposals. Several hearings and discussions with the 
leadership and the committees of jurisdiction have resulted in 
a priority list that are included within this conference 
agreement.
      The conference agreement provides funding for the 
following:

Capitol, House and Senate office buildings:
     1. Command center equipment........................      $2,265,000
     2. Intrusion detection systems.....................      11,852,000
     3. Closed circuit television.......................       8,656,000
     4. Communications..................................       2,789,000
     5. Screening equipment.............................      12,458,000
     6. Access control..................................       4,456,000
     7. Training........................................       1,250,000
     8. Officer--issued equipment.......................       9,778,000
     9. Operational capabilities........................       2,640,000
    10. Physical upgrades...............................       2,417,000
    11. Personnel and overtime increase.................      25,260,000
    12. Capital improvements............................       3,586,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Capitol, House and Senate office 
          buildings.....................................      87,407,000
                    ========================================================
                    ____________________________________________________
Library of Congress:
    13. Consolidate command centers.....................      $2,500,000
    14. Intrusion detection systems.....................       2,500,000
    15. Closed circuit television.......................         210,000
    16. Screening equipment.............................         391,000
    17. Access control..................................       4,950,000
    18. Training........................................          55,000
    19. Officer equipment...............................          63,000
    20. Physical upgrades...............................       3,864,000
    21. Studies and analyses............................         200,000
    22. LC police staffing increase.....................       2,242,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Library of Congress...................      16,975,000
                    ========================================================
                    ____________________________________________________
    24. Contingency.....................................       2,400,000
    Total, Capitol, House and Senate office buildings, 
      and Library of Congress...........................     106,782,000

      For capital improvements, certain funds have been 
provided for further analysis of the need for training and off-
site delivery facilities (including the Library of Congress). 
As the police master plan funded in the FY1999 Legislative 
Branch Appropriations Act is being conducted, the police board 
is directed to review and study alternatives for such 
facilities. If it is determined that new construction is 
needed, the police board is instructed to seek authority from 
the appropriate authorizing committees before making any 
further funding requests in the appropriations process. The 
appropriate authorization committees are identified in House 
and Senate rules and, if there is any question, the police 
board should refer to those official authorities.
      A contingency has been provided for items such as a 
mobile command center, decontamination trailers, studies, and a 
strategic plan. All of these are subject to further 
justification and approval as is the entire funding program.
      For the Capitol police, funds are provided for additional 
police staffing sufficient for 260 sworn officers, operational 
and administrative personnel over a two-year period, assuming a 
steady recruitment ramp up pattern. This will allow the Capitol 
police to schedule approximately twice the ordinary number of 
attendees at the Federal Law Enforcement Training Center. The 
police board has assured the committees that FLETC is capable 
of handling this increase. The administrative personnel are 
provided for the added infrastructure support that will be 
necessary. In addition to salary funds, $12,000,000 is provided 
for overtime over the two-year period that will augment the 
amounts in the base budgets for both years that are customarily 
provided for overtime. The police are directed to maintain the 
current high standards for recruitment and deployment of the 
additional personnel.
      For the Library of Congress, two-year funding is provided 
for 46 additional police and 5 support personnel, assuming a 
steady ramp up pattern. An additional $525,000 is provided for 
overtime expenses.
      It should be noted that these are not hard and fast 
allocations. As estimates become more precise, further analysis 
may reveal the necessity to adjust these allocations. In 
particular, the amounts provided for the Library of Congress 
items may undergo change due to the transfer of design, 
installation, and maintenance of LOC physical security systems 
from the Architect of the Capitol to the Capitol Police Board. 
The police board and the other agencies, therefore, may have to 
request changes in these amounts as they present the specific 
plans for subsequent approval as required by the appropriating 
legislation. The amounts are identified herein because they are 
based on the amounts presented to the committees in the 
justifications given by the police board and the other 
agencies, as adjusted in the priority list.

                    General Provision, This Chapter

      The conference agreement transfers the responsibility for 
the design, installation and maintenance of physical security 
systems for the Library of Congress buildings and grounds from 
the Architect of the Capitol to the Capitol Police Board. This 
transfer of responsibility is in keeping with recent efforts to 
establish a reasoned and uniform approach to security within 
the Capitol complex. The Capitol Police Board is directed to 
apply the appropriate standards of security to Library of 
Congress buildings and grounds.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (Airport and Airway Trust fund)

      The bill includes $100,000,000 for necessary expenses for 
acquisition, installation, and related activities supporting 
the deployment of bulk and trace explosive detection systems 
and other advanced security equipment at U.S. airports. The 
Senate received correspondence from the Vice President on 
September 15, 1998 which stated: ``The terrorist attacks 
against our embassies in Kenya and Tanzania remind us of the 
global nature of terrorism. . .These events provide strong 
evidence of the need to recognize aviation security as a 
national security issue and to provide substantial federal 
funds for aviation security improvements as a major element of 
our overall national security counterintelligence policy''. 
Consistent with this view, the bill includes $100,000,000 for 
advanced airport security systems. The entire amount is 
designated as an emergency requirement. The conference 
agreement distributes funds as follows:
        Activity                                                  Amount
Acquisition of additional bulk or trace EDS systems.....     $50,000,000
TIP-ready, operator-assist x-ray units..................      24,600,000
Integration costs--EDS systems..........................      20,000,000
Trace detection document scanners.......................       3,400,000
Trace detection passenger portals.......................      $2,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     100,000,000

      Compared to original budget estimates, this bill provides 
more funding for system integration costs based on information 
that lack of such funding has contributed to the delay in 
commissioning the security equipment which has been procured 
thus far. The FAA, airlines, and airport officials all 
acknowledge that integrating these systems into airline and 
airport operating systems has been a greater than anticipated 
challenge. Furthermore, since the certification of second 
generation bulk EDS systems has been delayed, the conference 
agreement reallocates some funding to other items which will 
have a stronger impact on security in the near-term. It is 
hoped that one or more second generation systems will meet the 
certification standards over the coming year, and that viable 
competition in this program can be developed.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center

                         salaries and expenses

      The conferees agree to provide $3,548,000, instead of 
$4,043,000, as requested by the President. This reflects the 
actual costs of additional instructors at the Center, as well 
as training, meals, lodging, and related operational costs 
associated with basic training for Secret Service and State 
Department students being hired to respond to threats of 
domestic and foreign terrorism.

                      United States Secret Service

                         salaries and expenses

      The conferees agree to provide $80,808,000, instead of 
$86,317,000, as requested by the President. The difference 
between the requested and funded levels is equal to the amount 
that the President made available for obligation from the 
Treasury Counter-Terrorism Fund subsequent to the original 
request. This funding is to cover costs of additional personnel 
required to increase the number of protective details for 
Secret Service protectees, enhanced protective capabilities, 
and protective operations, equipment and services. The 
conferees remind the Director of the United States Secret 
Service that funding for vehicle acquisition will not be 
available for obligation until the Secretary of the Treasury 
determines that such acquisitions are consistent with 
Departmental vehicle management policy.

                               TITLE III

     Year 2000 Conversion of Federal Information Technology Systems

                  funds appropriated to the president

      The conferees have provided $2,250,000,000 for emergency 
expenses related to Year 2000 conversion of Federal information 
technology systems for all federal Departments and agencies 
except the Department of Defense. Of these funds, the conferees 
agree to provide $16,873,000 for Legislative Branch Year 2000 
conversion efforts and $13,044,000 for the conversion of 
Judicial Branch information technology and security systems. 
Additional funds for the Department of Defense are provided 
elsewhere in this Title.
      The conference agreement transfers $16,873,000 to the 
Legislative branch of the funds appropriated to the President 
for expenses related to Year 2000 conversion of Federal 
information technology systems. Of this amount, $5,500,000 is 
provided to the Senate Sergeant at Arms for Senate computer 
systems. As requested by the Senate, the Senate Sergeant at 
Arms is directed to secure approval from the Senate Committees 
on Appropriations and Rules and Administration. For the House 
of Representatives, $6,373,000 is provided to the Chief 
Administrative Officer of the House for activities necessary to 
complete the year 2000 conversion of systems maintained for the 
House. The CAO is directed to obtain approval of the plan for 
carrying out these activities from the Committee on House 
Oversight. In addition, $5,000,000 is transferred to the 
General Accounting Office to be available to emergency Year 
2000 conversion efforts in other agencies of the Legislative 
branch. Before making any request for an allocation of these 
funds, the legislative agency should inform the appropriate 
oversight committees.

                    Department of Defense--Military

              information technology systems and security

      The conference agreement includes $1,100,000,000 in 
emergency supplemental appropriations for the Department of 
Defense, for expenses relating to year 2000 conversion of 
information technology and national security systems, for 
information technology and infrastructure protection to include 
computer security/information assurance programs, and for 
related expenses.

                      TITLE IV--OTHER EMERGENCIES

                               CHAPTER 1

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

      The conference agreement includes $5,000,000 for disaster 
assistance for persons or entities in the Northeast 
multispecies fishery who have incurred losses from a commercial 
fishing failure under section 308(b) of the Interjurisdictional 
Fisheries Act of 1986. Language is included making the entire 
amount contingent upon the President submitting a budget 
request designating the entire amount as an emergency 
requirement.

                             RELATED AGENCY

                     Small Business Administration

                     disaster loans program account

      In addition to amounts provided elsewhere in this Act, 
the conference agreement provides an additional $71,000,000 in 
emergency fiscal year 1999 subsidy appropriations for disaster 
loans for recovery efforts related to Hurricane Georges and 
other natural disasters.
      In addition to amounts provided elsewhere in this Act, 
the conference agreement includes an additional $30,000,000 in 
emergency fiscal year 1999 appropriations for administrative 
expenses necessary to carry out the disaster loan program for 
Hurricane Georges and other natural disasters.
      Language is included designating these amounts as an 
emergency requirement, and making these amounts available only 
to the extent that an official budget request is submitted 
requesting that these specific amounts be designated as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 2

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

      The conference agreement includes $2,500,000 for 
emergency repair and dredging requirements associated with 
Hurricane Georges and other storms.

                   operation and maintenance, general

      The conference agreement includes $99,700,000 for 
emergency repair and dredging requirements associated with 
Hurricane Georges and other storms.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  Agency for International Development

                Child Survival and Disease Program Fund

      The conference agreement includes a supplemental 
appropriation of $50,000,000 for ``Child Survival and Disease 
Program Fund'', to remain available until expended. The entire 
amount is available only to the extent an official budget 
request for a specific dollar amount that includes designation 
of the entire amount of the request as an emergency requirement 
under the Budget Act is transmitted by the President to the 
Congress. The entire amount is designated by the Congress as an 
emergency.
      The conferees intend that most of these funds be used for 
child survival activities. The conferees further expect AID to 
use some of these additional funds for activities to address 
the needs of children affected by the global AIDS epidemic.

                  Other Bilateral Economic Assistance

  assistance for the new independent states of the former soviet union

      The conference agreement includes a supplemental 
appropriation of $46,000,000 for ``Assistance for the New 
Independent States of the Former Soviet Union'', to remain 
available until September 30, 2000. The entire amount is 
available only to the extent an official budget request for a 
specific dollar amount that includes designation of the entire 
amount of the request as an emergency requirement under the 
Budget Act is transmitted by the President to the Congress. The 
entire amount is designated by the Congress as an emergency.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                              Construction

      An additional $25,000,000 in emergency appropriations is 
provided for construction to repair damage due to hurricanes, 
floods and other acts of nature. This amount is contingent upon 
receipt of a budget request that includes a Presidential 
designation of the amount requested as an emergency requirement 
as defined in the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                         National Park Service

                              Construction

      An additional $10,000,000 is provided for construction to 
repair damage due to hurricanes, floods and other acts of 
nature. This amount is contingent upon receipt of a budget 
request that includes a Presidential designation of the amount 
requested as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                    United States Geological Survey

                 Surveys, Investigations, and Research

      An additional $1,000,000 is provided for surveys, 
investigations, and research to repair damage due to 
hurricanes, floods and other acts of nature. This amount is 
contingent upon receipt of a budget request that includes a 
Presidential designation of the amount requested as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 5

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    Training and Employment Services

      The conference agreement includes $7,000,000 as recently 
requested by the President for the migrant and seasonal 
farmworker program under the Job Training Partnership Act. 
These funds will be used to provide supportive services to 
migrant and seasonal farmworkers experiencing a loss of income 
because of crop failures related to drought and other weather-
related difficulties in the South and Southwest. This would 
include temporary shelter, meals, health care, transportation 
and other emergency assistance as authorized by the Act.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

              Acquisition, Construction, and Improvements

      The bill includes an appropriation of $12,600,000 to 
address the damage to Coast Guard facilities in Alabama, 
Florida, Louisiana, and Puerto Rico arising from Hurricane 
Georges. These funds remain available until expended, are 
designated as an emergency requirement by the Congress, and are 
available only after submission by the President of an official 
budget request for a specific dollar amount, that includes 
designation of the entire amount of the request as an emergency 
requirement.

                               CHAPTER 7

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Development Block Grants

      The agreement provides $250,000,000 for disaster relief, 
long-term recovery, and mitigation in communities affected by 
Presidentially-declared natural disasters designated during 
fiscal years 1998 and 1999. The amount provided is available 
only to the extent that an official budget request for a 
specific amount, which includes designation of the entire 
amount of the request as an emergency, is transmitted by the 
President to the Congress.
      Concerns remain about use of the CDBG program for 
disaster relief. The program was not designed for that purpose 
and the authorizing statute provides no clear guidance 
regarding the role of CDBG grants in assisting with disaster 
relief and recovery. Given these concerns, the conference 
agreement directs HUD, prior to allocating funds, to provide an 
explanation of the purpose for which funds are requested and 
how the activity or program was impacted by the disaster.

                  Federal Emergency Management Agency

                            Disaster Relief

      The conference agreement includes an additional 
$906,000,000 for disaster relief costs associated with 
Hurricane Georges and other natural disasters. The amount 
provided is available only to the extent that an official 
budget request for a specific amount, which includes 
designation of the entire amount of the request as an 
emergency, is transmitted by the President to the Congress.
      FEMA is directed, in carrying out disaster relief 
activities, to work with the Secretary of Housing and Urban 
Development to give particular attention to assessing and 
meeting the needs of Puerto Rico and the United States Virgin 
Islands following Hurricane Georges. All necessary steps should 
be taken to help the territories recover from the hurricane and 
restore their economies.
      In addition, FEMA is directed to take all appropriate 
steps to help the cities of Del Rio and Laredo, Texas recover 
from damages sustained by tropical storm Charlie in August, 
1998. It is noted that FEMA has the discretion under law to 
adjust the cost share for components of disaster assistance. 
Given the extreme economic devastation of tropical storm 
Charlie, FEMA is urged to exercise its discretion in this area.
      Additionally, FEMA is requested to review the emergency 
needs of Kelso, Washington, resulting from the landslide at 
that location.
      Finally FEMA is directed to accept the Notice of Interest 
from Santa Marta Hospital in East Los Angeles and to review the 
damages to determine eligibility for disaster assistance.

           TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Agriculture Research Service

      The conference agreement provides an additional 
$23,000,000 for the Agriculture Research Service for 
counterdrug research and development activities. The conference 
provides that these funds be used as follows:

Narcotic crop eradication technologies..................      $5,000,000
Narcotic plant identification and biotechnology.........       2,000,000
Worldwide narcotic crop identification..................       1,000,000
Alternative crop research and development...............       5,000,000
Herbicide product research and development..............      10,000,000

                               CHAPTER 2

                    Drug Enforcement Administration

                         salaries and expenses

      In addition to amounts provided elsewhere in this Act for 
the Drug Enforcement Administration, the conference agreement 
provides an additional $10,200,000 in emergency fiscal year 
1999 funding as follows: $1,000,000 for additional surveillance 
and electronic intercept equipment in source countries and 
transit zones; $1,000,000 for continued development and 
implementation of automation systems to support intelligence 
and investigative requirements; and $8,200,000 to complete the 
implementation of the MERLIN and FIREBIRD systems for all 
offices in Mexico, the Caribbean, Central and South America.
      Language is included designating these amounts as an 
emergency requirement, and making these amounts available only 
to the extent that an official budget request is submitted 
requesting these specific amounts to be designated as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                 Immigration and Naturalization Service

                         salaries and expenses

                     enforcement and border affairs

      In addition to amounts provided elsewhere in this Act for 
the Immigration and Naturalization Service, the conference 
agreement provides for an additional $10,000,000 for Integrated 
Surveillance Information Systems, including sensors, motion 
detectors, remote video surveillance cameras, and infrared 
optics.
      Language is included designating this amount as an 
emergency requirement, and making this amount available only to 
the extent that an official budget request is submitted 
requesting this amount to be designated as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                               CHAPTER 3

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

      The conference agreement appropriates $232,600,000 for 
``International Narcotics Control and Law Enforcement''. These 
funds are available contingent on designation by the President 
of the entire amount as an emergency under the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. The 
Congress designates these funds as an emergency under said Act. 
In addition, the obligation of these funds is subject to the 
regular notification procedures of the Committees on 
Appropriations.
      The funds should be made available for the following 
purposes:

Alternative economic development for Colombia, Peru, and 
    Bolivia.............................................     $10,000,000
Procurement and upgrade of UH-1H/1N helicopters for 
    Colombian National Police (CNP).....................      40,000,000
Procurement of 6 UH-60 helicopters for CNP..............      96,000,000
Operations and support for CNP air wing.................       6,000,000
Procurement of DC-3 transport for CNP air wing..........       2,000,000
Procurement of minigun system for CNP air wing..........       6,000,000
Reconstruction of Miraflores counternarcotics base......       2,000,000
Base and force security for forward CNP counterdrug 
    bases...............................................       6,000,000
Enhancements to CNP prison security systems.............       1,200,000
Support of Bolivian air, riverine and eradication 
    operations..........................................       9,000,000
Support of Peruvian air, riverine and eradication 
    operations..........................................       6,000,000
Implement A-37 extended life program (Peru/Colombia)....      24,900,000
Podded radar initiative for aircraft....................      10,000,000
Procure 3 additional observation aircraft...............      13,500,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     232,600,000

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

      This chapter of the bill includes $133,700,000 for 
additional expenses to expand the Coast Guard's counter-drug 
activities as part of the broader counter-drug initiative in 
this bill. The funding is designated as an emergency 
requirement and made contingent on the President's request and 
designation of such as an emergency.

                           operating expenses

      The bill includes $16,300,000 for additional operating 
expenses of the Coast Guard, for expenses related to the 
expansion of drug interdiction activities. The funding is 
designated as an emergency requirement and made contingent on 
the President's request and designation of such as an 
emergency. The bill specifies that, of the total funds 
provided, $4,000,000 shall be used for establishment and 
operation of a Caribbean international support tender, to train 
and support foreign coast guards in the Caribbean region.

              acquisition, construction, and improvements

      The bill includes $117,400,000 for additional expenses 
for capital acquisition, construction, renovation and 
improvement programs of the Coast Guard, to expand the 
service's drug interdiction capabilities. The entire amount is 
designated as an emergency requirement and made contingent on 
the President's request and designation of such as an 
emergency. The conferees expect the funds the be allocated in 
the following manner:

        Program                                                   Amount
Maritime patrol aircraft acquisition....................     $44,500,000
Acquisition or conversion of up to two vessels to be 
    used as support or command and control platforms....      20,000,000
Deployable pursuit boat acquisition.....................       3,500,000
Barracuda-class coastal patrol boats....................      33,100,000
Cutter sensors & communication systems..................      16,300,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     117,400,000

                               CHAPTER 5

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

      The conference agreement provides an additional 
$1,500,000, which may be transferred to the National Foreign 
Intelligence Program, as a contingent emergency appropriation 
for enhanced money laundering intelligence.

                     United States Customs Service

                         salaries and expenses

      The conference agreement provides an additional 
$106,300,000 as a contingent emergency appropriation for 
counterdrug initiatives, as follows: $80,000,000 for non-
intrusive inspection technology (which will augment $54,000,000 
in funding provided elsewhere in this Act for a total of 
$134,000,000 in such technology); $15,000,000 for personnel 
support for aircrews for additional P-3 and Citation aircraft; 
$1,300,000 to meet immediate P-3 aircrew support requirements; 
and $10,000,000 for a port integrity initiative.

 operations, maintenance, and procurement, air and marine interdiction 
                                programs

      The conference agreement provides $162,700,000 as a 
contingent emergency appropriation for counterdrug initiatives, 
as follows: $93,000,000 for procurement and conversion of two 
P-3B AEW Aircraft for use in drug surveillance and interdiction 
in the source and transit zones; $60,000,000 for procurement 
and conversion of four P-3B Slick aircraft for surveillance and 
interdiction in the source and transit zones; $5,000,000 for P-
3 deployment to the source zone; and $4,700,000 for four 
tracker aircraft for surveillance and interdiction in the 
source and transit zones.

  customs facilities, construction, improvements and related expenses

      The conference agreement provides $7,000,000 as a 
contingent emergency appropriation to construct and furnish an 
additional support facility for Customs P-3 aircraft.

 incorporation of emergency funding for air interdiction programs into 
                       customs modernization plan

      The U.S. Customs Service is directed to address all 
contingent emergency funding provided in this bill for 
staffing, procurement, operations, and facilities for Customs 
air interdiction in its Air Interdiction Modernization Plan, 
which is to be submitted with the President's fiscal year 2000 
budget.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                 Office of National Drug Control Policy

                         salaries and expenses

      The conference agreement provides $1,200,000 as a 
contingent emergency appropriation for ONDCP Salaries and 
Expenses.

                        special forfeiture fund

      The conference agreement provides $2,000,000 to be 
available for transfer to the Office of Justice Programs to 
support the Drug Court Institute.

                       DIVISION C--OTHER MATTERS

                         TITLE I--OTHER MATTERS

      Sec. 101. The conference agreement includes a provision 
which allows for appointment of an Acting Treasury Inspector 
General for Tax Administration to make interim arrangements for 
administrative support of the office, establish interim 
positions for personnel transferred for the function, appoint 
acting personnel as necessary on an interim basis, and to 
provide input for the fiscal year 2000 budget process.
      Sec. 102. The conferees agree to include language 
amending Section 122 of Public Law 105-119 to permit the 
Secretary of the Treasury to establish, over a three year 
period, a new system of pay, classification, and personnel 
management for up to 950 employees who fill critical 
scientific, technical, engineering, intelligence analyst, 
language translator and medical positions in the Bureau of 
Alcohol, Tobacco and Firearms, the United States Customs 
Service, and the United States Secret Service.
      Sec. 103. The conference agreement includes a section 
that would give the Secretary of State the authority to 
reemploy Foreign Service annuitants on a temporary basis, but 
only if and for so long as, the authority is necessary due to 
an emergency involving a direct threat to life or property or 
other unusual circumstances. This authority exists under 
current law for Civil Service employees. This authority is 
intended to be used to reemploy annuitants to work on the stand 
up of the Nairobi, Kenya, and Dar es Salaam, Tanzania embassies 
and related world-wide security issues.
      Sec. 104. The conference agreement includes a provision 
amending the Diplomatic Security and Antiterrorism Act of 1986 
to enable the Bureau of Diplomatic Security of the Department 
of State to employ individuals or organizations by contract to 
carry out the provisions of that Act. This authority will 
enable the Bureau to recruit on short notice engineers and 
technicians with skills specific to such security fields as 
alarm installations, perimeter security detection systems, and 
explosives detection systems. This authority will permit an 
immediate response to increased security requirements and 
emergency upgrades at diplomatic posts throughout the world.
       The conference agreement includes a provision relating 
to intrastate bus transportation in the State of Hawaii.
      The conference agreement includes a provision that waives 
the per-state, per-disaster cap for the State of California for 
projects resulting from flooding in January and March 1995.
      The conference agreement includes a provision that 
pertains to the registration of container chassis.
      The conference agreement includes a provision that 
extends the authorization of the grants-in-aid for airports 
program through March 31, 1999.
      Sec. 111. The conference agreement includes a provision 
expressing the Sense of the Congress regarding the increase of 
steel imports into the United States, and urges the President 
to take several actions to address this issue and report to 
Congress by January 5, 1999, with a comprehensive plan for 
responding to the problem.
      Provides for the inclusion of Spirit Mound, South Dakota, 
as part of the Lewis and Clark National Historic Trail and 
authorizes the Secretary of the Interior to acquire this 
property.
      Sec. 113-Sec. 133. The conferees agree to include new 
provisions naming several post office buildings in various 
locations throughout the country.
      Sec. 134. The conference agreement inserts a new section 
requested by District officials that enacts certain provisions 
of the Omnibus Personnel Reform Amendment Act of 1998 approved 
by the Council of the District of Columbia and signed by the 
Mayor on April 1, 1998.
      Sec. 135. The conference agreement inserts a new section 
that transfers any right, title, or interest of the United 
States in certain property in Anne Arundel County, Maryland, 
that was formerly the site of Cedar Knoll School, a juvenile 
detention center operated by the District of Columbia.
      The conference agreement includes language authorizing 
the Flood Mitigation Near Pierre, South Dakota, project of the 
U.S. Army Corps of Engineers.
      The conference agreement includes language authorizing 
the Grand Forks, North Dakota, and East Grand Forks, Minnesota, 
project of the U.S. Army Corps of Engineers.
      Sec. 138. The conference agreement includes an 
authorization for the Police Corps for the years 1999 through 
2002 and makes certain change in the training session 
requirements.
      Sec. 139. The conferees include a new provision 
authorizing national medals for the ``Little Rock Nine'' and 
for Gerald and Betty Ford.
      Sec. 140. The conference agreement includes language 
which provides for the transfer, by negotiated sale, of 
approximately 200 acres of property in San Joaquin County, 
California, currently under the jurisdiction of the Federal 
Bureau of Prisons of the Department of Justice to the City of 
Tracy, California.
      Sec. 141. The conferees agree to include a new provision 
transferring control of any property on which the Lorton 
Correctional Complex is located to the General Services 
Administration.
      The conference agreement inserts a new section in 
Division C of the bill that amends and updates that Act that 
establishes the U.S. Olympic Committee and the framework for 
Olympic and amateur sports in the United States. This was not 
included in either the House or Senate bills. Among other 
improvements, the section would incorporate the Paralympics 
under the umbrella of U.S. Olympic Committee responsibilities 
and would ensure that disabled amateur athletes are given the 
same opportunities under the Act as able-bodied amateur 
athletes. The section includes a number of other amendments 
developed by consensus over a four-year period.
      The conference agreement includes a general provision 
which amends section 8106(a) of the Department of Defense 
Appropriations Act, 1997.
      The conference agreement includes a general provision 
which makes a technical correction to section 8120 of the 
Department of Defense Appropriations Act, 1999.
      The conference agreement includes a general provision 
which amends section 1043 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999.
      The conference agreement includes a general provision 
which amends section 1512 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999.
      The conference agreement includes a general provision 
which requires the Secretary of the Navy, in conjunction with 
the Commandant of the Marine Corps, to review F/A-18 
requirements and production capability and permits the 
reprogramming of funds to sustain F/A-18 production capability.
      The Marine Corps has a stated requirement for additional 
F/A-18 aircraft to meet requirements due to anticipated 
attrition of current inventory aircraft. While it may be 
possible to purchase these aircraft in the future if 
international sales sustain the production line, the Congress 
recognizes the risk of this strategy because of the uncertainty 
of potential foreign sales. Following the review by the 
Secretary of the Navy and the Commandment of the Marine Corps 
regarding F/A-18 requirements and production capability, the 
Congress expects the submission of a reprogramming action or 
future budget request, if needed, to ensure that the Marine 
Corps has adequate attack aircraft to meet force structure 
requirements.
      The conference agreement includes a general provision 
which amends section 8135 of the Department of Defense 
Appropriations, Act, 1992.

                      future operational concepts

      The Department of Defense is currently examining a number 
of alternative operational concepts for the military forces of 
the future. These include potential doctrinal changes and 
experimentation by the individual military services as well as 
joint warfighting initiatives, including those under 
consideration as part of Joint Vision 2010. The Congress has 
supported these steps, and believes it imperative that 
innovative concepts such as ``Rapid Dominance'' be fully 
considered and refined, and if possible be evaluated in 
conjunction with a targeted research and development program 
coupled with ``proof-of-concept'' field testing and evaluation. 
The Secretary of Defense is directed to review such programs to 
ensure they are being adequately supported in the budget 
process. The Secretary is encouraged to reprogram or request 
funds to ensure these important efforts are fully supported.

        entry level commission for military nurse corps officers

      The Administration is examining whether it should allow 
individuals with Associate degrees to enter the Nurse Corps as 
officers. The conferees believe that the responsibilities of 
Nurse Corps officers necessitate that they should be required 
to have baccalaureate degrees.
      This provision extends the 1998-1999 duck hunting season 
in the State of Mississippi.

                    TITLE II--AMERICAN FISHERIES ACT

      The conference agreement includes a new title which: (1) 
amends current law regarding the ownership requirements for 
eligibility of a vessel to receive a fishery endorsement to 
operate in certain fisheries and under certain terms and 
conditions; and sets forth procedures for implementation and 
penalties for non-compliance; (2) establishes allocations 
regarding the total allowable catch in the Bering Sea pollock 
fishery; (3) authorizes a buyout program of certain catcher/
processors operating in the Bering Sea pollock fishery, to be 
financed through $20,000,000 in Federal payments, and 
$75,000,000 in direct loans to be repaid through a fee on 
pollock harvested in the fishery; (4) authorizes a direct loan 
program for the western Alaska community development quota 
program for the purchase of certain vessels and shoreside 
processors in the pollock fishery; and (5) sets forth certain 
requirements for protection and conservation measures for other 
fisheries in the North Pacific. Neither the House nor Senate 
bill addressed this matter.

    TITLE IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT

      The conference agreement includes a new title which will 
increase the annual quota of temporary visas for foreign 
professionals through 2001, will increase protections for 
American professional workers, and will fund job training and 
scholarship programs for American students and workers in 
computer science and other scientific fields.

                                TITLE V

      The conference agreement includes language authorizing 
and directing the Bureau of Reclamation to conduct feasibility 
studies for the restoration and reclamation of the Salton Sea 
in California.

                                TITLE VI

      The conference agreement includes the text of S. 1341, 
the Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
State of South Dakota Terrestrial Wildlife Habitat Mitigation 
Act of 1997.

                                TITLE X

      The conference agreement includes language establishing 
the terms and conditions under which the Secretary of the 
Interior shall convey leaseholds in certain properties around 
Canyon Ferry Reservoir, Montana.

                 TITLE XI--MORATORIUM ON CERTAIN TAXES

      The conference agreement includes Title XI, The Internet 
Tax Freedom Act, which establishes a national policy against 
State and local government interference with interstate 
commerce on the Internet or interactive computer services, and 
a three-year moratorium on the imposition of exactions that 
would interfere with the free flow of commerce via the 
Internet.

                      TITLE XII--OTHER PROVISIONS

      The conference agreement includes Title XII, Other 
Provisions, which contains several provisions related to the 
Internet, including declarations that the Internet should be 
free of taxes, tariffs, and trade barriers.

            TITLE XIII--CHILDREN'S ONLINE PRIVACY PROTECTION

      The conference agreement includes Title XIII, the 
Children's Online Privacy Protection Act of 1998, which 
establishes a framework for the regulation of unfair and 
deceptive acts and practices in connection with the collection 
and use of personal information from and about children on the 
Internet.

                 TITLE XIV--CHILD ONLINE PROTECTION ACT

      The conference agreement includes Title XIV, The Child 
Online Protection Act, which amends the Communications Act of 
1934 to require commercial distributors of material through the 
World Wide Web that is harmful to minors to restrict access to 
such material by minors. This title also establishes a 
temporary Commission on Online Child Protection, which is 
required to produce a report within one year, and to terminate 
30 days after producing the report.

                                TITLE XV

                      VACCINE INJURY COMPENSATION

      The conference agreement includes a new title in Division 
C that was not included in either the House or Senate bills. 
This title inserts the Vaccine Injury Compensation Program 
Modification Act which amends the Public Health Service Act and 
the Internal Revenue Code with respect to vaccine injury 
compensation.

      TITLE XVI--SERVICE CONNECTION FOR PERSIAN GULF WAR ILLNESSES

      The conference agreement inserts a new title regarding 
benefits for Persian Gulf War veterans.

            TITLE XVII--GOVERNMENT PAPERWORK ELIMINATION ACT

      The conference agreement includes Title XVII, the 
Government Paperwork Elimination Act, which requires the 
development of procedures for the use and acceptance of 
electronic signatures by Executive agencies of the U.S. 
Government.

    DIVISION G, FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

      The conference agreement includes Division G, the Foreign 
Affairs Reform and Restructuring Act of 1998. That Act consists 
of two subdivisions. Subdivision A consolidates foreign affairs 
agencies, by requiring that (1) the Arms Control and 
Disarmament Agency merge with the State Department by April 1, 
1999; (2) the United States Information Agency merge with the 
State Department by October 1, 1999; and (3) the authorities of 
the United States International Development Cooperation Agency 
are to be brought under the State Department by April 1, 1999. 
Subdivision B provides authorizations of appropriations for the 
State Department, United States Information Agency, the Arms 
Control and Disarmament Agency and other related agencies, and 
makes a number of changes in the statutory authorities of these 
agencies.

                               DIVISION J

   TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

                  A. Extension of Research Tax Credit

(sec. 101 of the House bill,\1\ sec. 101 of S. 2622, and sec. 41 of the 
                                 Code)

Present law
      Section  41 provides for a research tax credit equal to 
20 percent of the amount by which a taxpayer's qualified 
research expenditures for a taxable year exceeded its base 
amount for that year. The research tax credit expired and 
generally does not apply to amounts paid or incurred after June 
30, 1998.
---------------------------------------------------------------------------
    \1\ All references to the ``House bill'' are to H.R. 4738, as 
passed by the House of Representatives on October 12, 1998.
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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.
---------------------------------------------------------------------------
    \7\ The amount of elected farm income of a taxpayer for a taxable 
year may not exceed the taxable income attributable to any farming 
business for the year.
---------------------------------------------------------------------------
      The provision does not apply for employment tax purposes, 
or to an estate or a trust. The provision also does not apply 
for purposes of the alternative minimum tax. The provision is 
effective for taxable years beginning after December 31, 1997, 
and before January 1, 2001.
House bill
      The provision permanently extends the income averaging 
provision for farmers.
      Effective date.--The provision is effective for taxable 
years beginning after December 31, 2000.
Senate amendment
      No provision. However, S. 2622, as introduced by Senators 
Roth and Moynihan, contains a provision that is the same as the 
provision contained in the House bill.
Conference agreement
      The conference agreement follows the House bill.

            B. Farm Production Flexibility Contract Payments

                (sec. 202 of the house bill and s. 2622)

Present law
      A taxpayer generally is required to include an item in 
income no later than the time of its actual or constructive 
receipt, unless such amount properly is accounted for in a 
different period under the taxpayer's method of accounting. If 
a taxpayer has an unrestricted right to demand the payment of 
an amount, the taxpayer is in constructive receipt of that 
amount whether or not the taxpayer makes the demand and 
actually receives the payment.
      The Federal Agriculture Improvement and Reform Act of 
1996 (the ``FAIR Act'') provides for production flexibility 
contracts between certain eligible owners and producers and the 
Secretary of Agriculture. These contracts generally cover crop 
years from 1996 through 2002. Annual payments are made under 
such contracts at specific times during the Federal 
government's fiscal year. Section 112(d)(2) of the FAIR Act 
provides that one-half of each annual payment is to be made on 
either December 15 or January 15 of the fiscal year, at the 
option of the recipient.\8\ This option to receive the payment 
on December 15 potentially results in the constructive receipt 
(and thus potential inclusion in income) of one-half of the 
annual payment at that time, even if the option to receive the 
amount on January 15 is elected.
---------------------------------------------------------------------------
    \8\ This rule applies to fiscal years after 1996. For fiscal year 
1996, this payment was to be made not later than 30 days after the 
production flexibility contract was entered into.
---------------------------------------------------------------------------
      The remaining one-half of the annual payment must be made 
no later than September 30 of the fiscal year. The Emergency 
Farm Financial Relief Act of 1998 added section 112(d)(3) to 
the FAIR Act which provides that all payments for fiscal year 
1999 are to be paid at such time or times during fiscal year 
1999 as the recipient may specify. Thus, the one-half of the 
annual amount that would otherwise be required to be paid no 
later than September 30, 1999, can be specified for payment in 
calendar year 1998. This potentially results in the 
constructive receipt (and thus required inclusion in taxable 
income) of such amounts in calendar year 1998, whether or not 
the amounts actually are received or the right to their receipt 
is fixed.
House bill
      The time a production flexibility contract payment under 
the FAIR Act properly is includible in income would be 
determined without regard to the options granted by section 
112(d)(2) (allowing receipt of one-half of the annual payment 
on either December 15 or January 15 of the fiscal year) or 
section 112(d)(3) (allowing the acceleration of all payments 
for fiscal year 1999) of that Act.
      Effective date.--The provision is effective for 
production flexibility contract payments made under the FAIR 
Act in taxable years ending after December 31, 1995.
Senate amendment
      No provision. However, S. 2622, as introduced by Senators 
Roth and Moynihan, contains a provision that is the same as the 
provision contained in the House bill.
Conference agreement
      The conference agreement follows the House bill.

     C. Extend the Net Operating Loss Carryback Period for Farmers

            (sec. 212 of h.r. 4579 and sec. 172 of the code)

Present law
      A net operating loss (``NOL'') is, generally, the amount 
by which business deductions of a taxpayer exceed business 
gross income. An NOL may be carried back two years and carried 
forward 20 years to offset taxable income in such years. A 
taxpayer may elect to forgo the carryback of an NOL. In the 
case of an NOL (1) arising from casualty or theft losses of 
individual taxpayers, or (2) attributable to Presidentially 
declared disasters for taxpayers engaged in a farming business 
or a small business, the NOL can be carried back three years. A 
farming business includes the trade or business of farming, as 
well as the trade or business of operating a nursery or sod 
farm, or the raising or harvesting of certain trees.\9\ Special 
rules apply to real estate investment trusts (no carrybacks), 
specified liability losses (10-year carryback), and excess 
interest losses (no carrybacks).
---------------------------------------------------------------------------
    \9\ For this purpose, the term ``farming business'' is defined as 
in sec. 263A(e)(4).
---------------------------------------------------------------------------
      A carry back of an NOL will result in the refund of 
Federal income tax for the carryback year. A carry forward of 
an NOL will reduce Federal income tax for the carryforward 
year.
House bill
      No provision. However, H.R. 4579, as passed by the House 
of Representatives, contains a provision that provides a 
special five-year carryback period for a farming loss, 
regardless of whether the loss was incurred in a Presidentially 
declared disaster area. The carryforward period remains at 20 
years. A ``farming loss'' is defined as the amount of any net 
operating loss attributable to the income and deductions of a 
farming business (as defined in section 263A(e)(4)). A farming 
loss cannot exceed the taxpayer's NOL for the taxable year. In 
calculating the amount of a taxpayer's NOL carrybacks, the 
portion of the NOL that is attributable to a farming loss is 
treated as a separate NOL and is taken into account after the 
remaining portion of the NOL for the taxable year.
      A taxpayer can elect to forgo the five-year carryback 
period for a farming loss. The election to forgo the five-year 
carryback period is made in the manner prescribed by the 
Secretary of the Treasury and must be made by the due date of 
the return (including extensions) for the year of the loss. The 
election is irrevocable. If a taxpayer elects to forgo the 
five-year carryback period, then the farming losses are subject 
to the rules that otherwise would have applied under section 
172 absent the five-year rule. The three-year carryback period 
continues to apply to an NOL incurred in a Presidentially 
declared disaster area if such NOL is not eligible for the 
five-year carryback period.
      Effective date.--The provision is effective for NOLs 
arising in taxable years beginning after December 31, 1997.
Senate amendment
      No provision.
Conference agreement
      The conference agreement follows the provision in H.R. 
4579.

                  Subtitle C--Miscellaneous Provisions

  A. Increase State Volume Limits on Private Activity Tax-Exempt Bonds

         (sec. 204 of the house bill and sec. 146 of the code)

Present law
      Interest on bonds issued by States and local governments 
is excluded from income if the proceeds of the bonds are used 
to finance activities conducted and paid for by the 
governmental units (Code sec. 103). Interest on bonds issued by 
these governmental units to finance activities carried out and 
paid for by private persons (``private activity bonds'') is 
taxable unless the activities are specified in the Internal 
Revenue Code. Private activity bonds on which interest may be 
tax-exempt include bonds for privately operated transportation 
facilities (e.g., airports, docks and wharves, mass transit, 
and high speed rail facilities), privately owned and/or 
provided municipal services (e.g., water, sewer, solid waste 
disposal, and certain electric and heating facilities), 
economic development (e.g., small manufacturing facilities and 
redevelopment in economically depressed areas), and certain 
social programs (e.g., low-income rental housing, qualified 
mortgage bonds, student loan bonds, and exempt activities of 
charitable organizations described in Code sec. 501(c)(3)).
      The volume of tax-exempt private activity bonds that 
States and local governments may issue for most of these 
purposes in each calendar year is limited by State-wide volume 
limits. The current annual volume limit for any State is $50 
per resident of the State or $150 million if greater. The 
volume limits do not apply to private activity bonds to finance 
airports, docks and wharves, certain governmentally owned, but 
privately operated solid waste disposal facilities, certain 
high speed rail facilities, and to certain types of private 
activity tax-exempt bonds that are subject to other limits on 
their volume (qualified veterans' mortgage bonds and certain 
``new'' empowerment zone and enterprise community bonds).
House bill
      The House bill increases the present-law annual State 
private activity bond volume limits to $75 per resident of each 
State or $225 million (if greater) beginning in calendar year 
2007. The increase is phased-in as follows, beginning in 
calendar year 2003:

                                                           Calendar year
Volume limit:
    $55 per resident ($165 million if greater)..........            2003
    $60 per resident ($180 million if greater)..........            2004
    $65 per resident ($195 million if greater)..........            2005
    $70 per resident ($210 million if greater)..........            2006

      Effective date.--The provision is effective beginning in 
calendar year 2003.
Senate amendment
      No provision.
Conference agreement
      The conference agreement follows the House bill.

  B. Comprehensive Study of Recovery Periods and Depreciation Methods 
                           Under Section 168

                      (sec. 201 of the house bill)

Present law
      A taxpayer is allowed to deduct a reasonable allowance 
for the exhaustion, wear and tear, and obsolescence of property 
that is used in a trade or business or is held for the 
production of income. For most tangible personal and real 
property placed in service after 1986, the amount of the 
deductible allowance is determined under section 168 using the 
applicable recovery period, the applicable depreciation method, 
and the applicable convention specified in section 168.
      For some types of assets, the applicable recovery period 
of an asset is provided in section 168. In other cases, the 
recovery period of an asset is determined by reference to its 
class life. The class life of an asset may be provided by 
section 168, or may be determined with regard to the list of 
class lives provided by the Treasury that was in effect on 
January 1, 1986. The Treasury Department is required to monitor 
and analyze actual experience with respect to all depreciable 
assets.
      The applicable depreciation method determines the rate at 
which the cost of the property is recovered. In general, the 
applicable depreciation method specified in section 168 varies 
with the recovery period of the property. For property with a 
recovery period of 10 years or less, the applicable method is 
the 200 percent declining balance method, switching to 
straight-line in the first year in which that method yields a 
larger allowance. The 150 percent declining balance, (switching 
to straight-line) is the applicable method for property with a 
recovery period of 15 or 20 years, as well as for all property 
used in the trade or business of farming. The straight-line 
method must be used for property with a longer recovery period, 
as well as for certain specified types of property.
      The applicable convention determines the point of time 
during the year that the property is considered placed in 
service. Applicable conventions specified in section 168 
include the mid-year, the mid-quarter and the mid-month 
conventions.
House bill
      The Secretary of the Treasury (or his delegate) is 
directed to conduct a comprehensive study of the recovery 
periods and depreciation methods under section 168 of the Code, 
and to provide recommendations for determining such periods and 
methods in a more rational manner. The Secretary of the 
Treasury (or his delegate) is directed to submit the results of 
the study and recommendations to the House Ways and Means and 
Senate Finance Committees by March 31, 2000.
Senate amendment
      No provision.
Conference agreement
      The conference agreement follows the House bill.

   C. State Election To Exempt Student Employees From Social Security

                      (sec. 206 of the house bill)

Present law
      The Social Security Amendments of 1972 provided an 
opportunity for States to obtain exemptions from Social 
Security coverage for student employees of public schools, 
colleges, and universities. States choosing to opt out had to 
do so prior to January 1, 1974. Most States did. Student 
employees in these States do not have to pay FICA taxes on 
their wages, allowing them to keep more of their earnings.
House bill
      The House bill allows a limited window of time (January 1 
through March 31, 1999) for States to modify existing State 
agreements to exempt students (including graduate assistants) 
from Social Security coverage who are employed by a public 
school, university, or college in a nonexempted State.
      Effective date.--The provision permitting States to 
modify existing agreement is effective with respect to services 
performed after June 30, 2000.
Senate amendment
      No provision.
Conference agreement
      The conference agreement follows the House bill.

                  TITLE III--REVENUE OFFSET PROVISIONS

    A. Treatment of Certain Deductible Liquidating Distributions of 
    Regulated Investment Companies and Real Estate Investment Trusts

(sec. 301 of the house bill, sec. 301 of s. 2622, and secs. 332 and 334 
                              of the code)

Present law
      Regulated investment companies (``RICs'') and real estate 
investment trusts (``REITs'') are allowed a deduction for 
dividends paid to their shareholders. The deduction for 
dividends paid includes amounts distributed in liquidation 
which are properly chargeable to earnings and profits, as well 
as, in the case of a complete liquidation occurring within 24 
months after the adoption of a plan of complete liquidation, 
any distribution made pursuant to such plan to the extent of 
earnings and profits. Rules that govern the receipt of 
dividends from RICs and REITs generally provide for including 
the amount of the dividend in the income of the shareholder 
receiving the dividend that was deducted by the RIC or REIT. 
Generally, any shareholder realizing gain from a liquidating 
distribution of a RIC or REIT includes the amount of gain in 
the shareholder's income. However, in the case of a liquidating 
distribution to a corporation owning 80-percent of the stock of 
the distributing corporation, a separate rule generally 
provides that the distribution is tax-free to the parent 
corporation. The parent corporation succeeds to the tax 
attributes, including the adjusted basis of assets, of the 
distributing corporation. Under these rules, a liquidating RIC 
or REIT might be allowed a deduction for amounts paid to its 
parent corporation, without a corresponding inclusion in the 
income of the parent corporation, resulting in income being 
subject to no tax.
      A RIC or REIT may designate a portion of a dividend as a 
capital gain dividend to the extent the RIC or REIT itself has 
a net capital gain, and a RIC may designate a portion of the 
dividend paid to a corporate shareholder as eligible for the 
70-percent dividends-received deduction to the extent the RIC 
itself received dividends from other corporations. If certain 
conditions are satisfied, a RIC also is permitted to pass 
through to its shareholders the tax-exempt character of the 
RIC's net income from tax-exempt obligations through the 
payment of ``exempt interest dividends,'' though no deduction 
is allowed for such dividends.
House bill
      Any amount which a liquidating RIC or REIT may take as a 
deduction for dividends paid with respect to an otherwise tax-
free liquidating distribution to an 80-percent corporate owner 
is includible in the income of the recipient corporation. The 
includible amount is treated as a dividend received from the 
RIC or REIT. The liquidating corporation may designate the 
amount distributed as a capital gain dividend or, in the case 
of a RIC, a dividend eligible for the 70-percent dividends 
received deduction or an exempt interest dividend, to the 
extent provided by the RIC or REIT provisions of the Code.
      The provision does not otherwise change the tax treatment 
of the distribution to the parent corporation or to the RIC or 
REIT. Thus, for example, the liquidating corporation will not 
recognize gain (if any) on the liquidating distribution and the 
recipient corporation will hold the assets at a carryover 
basis, even where the amount received is treated as a dividend.
      Effective date.--The provision is effective for 
distributions on or after May 22, 1998, regardless of when the 
plan of liquidation was adopted. No inference is intended 
regarding the treatment of such transactions under present law.
Senate amendment
      No provision. However, S. 2622, as introduced by Senators 
Roth and Moynihan, contains a provision that is the same as the 
provision contained in the House bill.
Conference agreement
      The conference agreement follows the House bill.

   B. Add Vaccines Against Rotavirus Gastroenteritis to the List of 
                            Taxable Vaccines

 (sec. 302 of the house bill, sec. 4 of s. 2616, and sec. 4132 of the 
                                 code)

Present law
      A manufacturer's excise tax is imposed at the rate of 75 
cents per dose on the following vaccines routinely recommended 
for administration to children: diphtheria, pertussis, tetanus, 
measles, mumps, rubella, polio, HIB (haemophilus influenza type 
B), hepatitis B, and varicella (chicken pox). Amounts equal to 
net revenues from this excise tax are deposited in the Vaccine 
Injury Compensation Trust Fund.
House bill
      The House bill adds any vaccine against rotavirus 
gastroenteritis to the list of taxable vaccines.
      Effective date.--The provision is effective for vaccines 
sold by a manufacturer or importer after the date of enactment.
Senate amendment
      No provision. However, S. 2616 (the Medicare Home Health 
Fair Payment Act), as introduced by Senators Roth and Moynihan, 
contains a provision that is the same as the provision 
contained in the House bill.
Conference agreement
      The conference agreement follows the House bill.

          C. Clarify and Expand Mathematical Error Procedures

 (sec. 303 of the House bill, sec. 3 of S. 2616, and sec. 6213 of the 
                                 Code)

Present law
            Taxpayer identification numbers (``TINs'')
      The IRS may deny a personal exemption for a taxpayer, the 
taxpayer's spouse or the taxpayer's dependents if the taxpayer 
fails to provide a correct TIN for each person for whom the 
taxpayer claims an exemption. This TIN requirement also 
indirectly effects other tax benefits currently conditioned on 
a taxpayer being able to claim a personal exemption for a 
dependent (e.g., head-of-household filing status and the 
dependent care credit). Other tax benefits, including the 
adoption credit, the child tax credit, the Hope Scholarship 
credit and Lifetime Learning credit, and the earned income 
credit also have TIN requirements. For most individuals, their 
TIN is their Social Security Number (``SSN''). The mathematical 
and clerical error procedure currently applies to the omission 
of a correct TIN for purposes of personal exemptions and all of 
the credits listed above except for the adoption credit.
            Mathematical or clerical errors
      The IRS may summarily assess additional tax due as a 
result of a mathematical or clerical error without sending the 
taxpayer a notice of deficiency and giving the taxpayer an 
opportunity to petition the Tax Court. Where the IRS uses the 
summary assessment procedure for mathematical or clerical 
errors, the taxpayer must be given an explanation of the 
asserted error and a period of 60 days to request that the IRS 
abate its assessment. The IRS may not proceed to collect the 
amount of the assessment until the taxpayer has agreed to it or 
has allowed the 60-day period for objecting to expire. If the 
taxpayer files a request for abatement of the assessment 
specified in the notice, the IRS must abate the assessment. Any 
reassessment of the abated amount is subject to the ordinary 
deficiency procedures. The request for abatement of the 
assessment is the only procedure a taxpayer may use prior to 
paying the assessed amount in order to contest an assessment 
arising out of a mathematical or clerical error. Once the 
assessment is satisfied, however, the taxpayer may file a claim 
for refund if he or she believes the assessment was made in 
error.
House bill
      The House bill provides in the application of the 
mathematical and clerical error procedure that a correct TIN is 
a TIN that was assigned by the Social Security Administration 
(or in certain limited cases, the IRS) to the individual 
identified on the return. For this purpose, the IRS is 
authorized to determine that the individual identified on the 
tax return corresponds in every aspect (including, name, age, 
date of birth, and SSN) to the individual to whom the TIN is 
issued. The IRS also is authorized to use the mathematical and 
clerical error procedure to deny eligibility for the dependent 
care tax credit, the child tax credit, and the earned income 
credit even though a correct TIN has been supplied if the IRS 
determines that the statutory age restrictions for eligibility 
for any of the respective credits is not satisfied (e.g., the 
TIN issued for the child claimed as the basis of the child tax 
credit identifies the child as over the age of 17 at the end of 
the taxable year).
      Effective date.--The provision is effective for taxable 
years ending after the date of enactment.
Senate amendment
      No provision. However, S. 2616 (the Medicare Home Health 
Fair Payment Act), as introduced by Senators Roth and Moynihan, 
contains a provision that is the same as the provision 
contained in the House bill.
Conference agreement
      The conference agreement follows the House bill.

 D. Restrict 10-Year Net Operating Loss Carryback Rules for Specified 
                            Liability Losses

(sec. 304 of the House bill, sec. 5 of S. 2616, and sec. 172(f) of the 
                                 Code)

Present law
      Under present law, that portion of a net operating loss 
that qualifies as a ``specified liability loss'' may be carried 
back 10 years rather than being limited to the general two-year 
carryback period. A specified liability loss includes amounts 
allowable as a deduction with respect to product liability, and 
also certain liabilities that arise under Federal or State law 
or out of any tort of the taxpayer. In the case of a liability 
arising out of a Federal or State law, the act (or failure to 
act) giving rise to the liability must occur at least 3 years 
before the beginning of the taxable year. In the case of a 
liability arising out of a tort, the liability must arise out 
of a series of actions (or failures to act) over an extended 
period of time a substantial portion of which occurred at least 
three years before the beginning of the taxable year. A 
specified liability loss cannot exceed the amount of the net 
operating loss, and is only available to taxpayers that used an 
accrual method of accounting throughout the period that the 
acts (or failures to act) occurred.
House bill
      Under the provision, specified liability losses are 
limited to product liability losses and amounts allowable as a 
deduction (other than a deduction under sec. 468(a)(1) or sec. 
468A(a)) that are in satisfaction of a liability under a 
Federal or State law requiring the reclamation of land, 
decommissioning of a nuclear power plant (or any unit thereof), 
dismantlement of a drilling platform, remediation of 
environmental contamination, or a payment under any workers 
compensation act (within the meaning of sec. 461(h)(2)(C)(i)), 
if the act (or failure to act) giving rise to such liability 
occurs at least 3 years before the beginning of the taxable 
year. As under present law, the specified liability loss (as 
redefined) cannot exceed the amount of the net operating loss 
and is only available to taxpayers that used an accrual method 
of accounting throughout the period that the act (or failure to 
act) giving rise to the liability occurred. No inference 
regarding the interpretation of the specified liability loss 
carryback rules under present law is intended.
      Effective date.--The provision is effective for net 
operating losses arising in taxable years ending after the date 
of enactment.
Senate amendment
      No provision. However, S. 2616 (the Medicare Home Health 
Fair Payment Act), as introduced by Senators Roth and Moynihan, 
contains a provision that is the same as the provision 
contained in the House bill.
Conference agreement
      The conference agreement follows the House bill.

               TITLE IV--TECHNICAL CORRECTIONS PROVISIONS

House bill
      The House bill contains technical, clerical, and 
conforming amendments to the Internal Revenue Service 
Restructuring and Reform Act of 1998, the Taxpayer Relief Act 
of 1997, and other tax legislation.
Senate amendment
      No provision. However, S. 2622, as introduced by Senators 
Roth and Moynihan, contains the same provisions as the House 
bill. In addition, S. 2622 also includes a perfecting amendment 
related to voluntary income tax withholding from Social 
Security benefits.
Conference agreement
      The conference agreement generally follows the House bill 
and S. 2622. The conference agreement includes the provision 
related to voluntary income tax withholding from Social 
Security benefits included in S. 2622.

                Subtitle VI--Medicare-Related Provisions

                        Subtitle A--Home Health

Sec. 6101.--Increase in per beneficiary limits and per visit limits for 
                    payment for home health services

Present law
      Section 4602 of the Balanced Budget Act established 
interim payments for Medicare home health care agencies until 
the implementation of a new prospective payment system on 
October 1, 1999. Also scheduled to go into effect on October 1, 
1999, is an across-the-board reduction in payments to home 
health agencies. Under the interim payment system (IPS), 
agencies are currently paid the lesser of either their actual 
costs, a per visit limit, or an annual per beneficiary limit. 
The first limit--the per visit limit--is based on the mix of 
visits an agency provided to Medicare patients during the year. 
The per visit limits are based on 105 percent of the wage 
adjusted median cost for each of the six categories of service. 
The second limit--the per beneficiary limit--is based 75 
percent on an agency's historical cost per beneficiary and 25 
percent on the average per beneficiary historical costs for the 
region in which the agency is located (minus 2 percent), and is 
adjusted by the home health market basket. Agencies whose first 
full year cost report began after October 1, 1993 receive the 
national median of the per beneficiary limits.
House bill
      H.R. 4567, the ``Medicare Home Health Care and Veterans 
Health Care Improvement Act,'' as passed by the House of 
Representatives on October 12, 1998, makes changes to the 
payment system for Medicare's home health care benefit as 
defined in the Balanced Budget Act of 1997 (P.L. 105-33). Under 
the bill, the per beneficiary limit is increased for older 
agencies below the national median. In addition, the bill 
increases payments to new agencies and establishes payments for 
agencies that would receive Medicare payments until 
implementation of the new prospective system. The bill excludes 
these costs from the calculation of the beneficiary monthly 
premium. The bill requires the Secretary of Health and Human 
Services to report back to Congress with alternatives to the 15 
percent across-the-board reduction in payments that is 
scheduled for October 1, 1999. In addition, several reports on 
the prospective payment system summarizing research conducted 
by the Secretary of Health and Human Services are to be 
submitted to the Congress so that implementation of the new 
payment system is not further delayed. The policies contained 
in the bill were carefully designed to meet administrative 
restrictions relating to the Year 2000.
      Effective date.--The provision is effective upon 
enactment.
Senate amendment
      S. 2616, the ``Medicare Home Health Fair Payment Act of 
1998,'' as introduced in the Senate, makes changes to the 
payment system for Medicare's home health care benefit as 
defined in the Balanced Budget Act of 1997 (P.L. 105-33). Under 
the bill, the transition period for payment changes to the 
prospective payment system (PPS) is lengthened by providing all 
agencies a longer transition period in which to adjust to 
changed payment limits. Both the 15 percent across-the-board 
reduction and the PPS are delayed for 12 months. A budget-
neutral blend establishes greater equity among agencies by 
increasing the per beneficiary limits for low cost agencies and 
reducing the high cost per beneficiary limits. In the 
legislation, greater fairness is achieved by eliminating the 2% 
discount applicable to new agencies, and raising the per visit 
limits for all agencies from 105% to 110% of the national 
median. No distinction in payment limit is made for ``brand 
new'' agencies.
      In order to offset the cost of the payment changes, the 
home health care annual market basket (MB) is reduced in the 
following manner: for fiscal year 2000 it is MB minus 0.5 
percentage point; for FY 2001 it is MB minus 0.5 percentage 
point; for FY 2002 and FY 2003 it is full MB; and in FY 2004 it 
is MB plus 1.0 percentage point.
      Effective date.--The provision is effective upon 
enactment.

                               Division J

      Division J includes a provision that makes changes to the 
payment system for Medicare's home health care benefit as 
defined in the Balanced Budget Act of 1997 (P.L. 105-33). The 
provision delays the implementation of the prospective payment 
system until October 1, 2000 and delays an across-the-board 15 
percent reduction in payments to home health agencies until 
that date. The provision would also allow for periodic interim 
payments until implementation of the prospective payment 
system. The provision is expected to provide equity to those 
agencies which have low-cost, low-utilization practices 
relative to other agencies, by increasing the per beneficiary 
limits. Those agencies below the national median per 
beneficiary limit will have their limit increased by 1/3 of the 
difference between their limit and the national median. In 
addition, the provision increases payments to ``new'' agencies 
whose first full year cost report began after October 1, 1993 
by two percent, and establishes that agencies opening after 
October 1, 1998 will have per beneficiary limits equal to 75 
percent of the wage adjusted national median (calculated with a 
two percent reduction).
      The provision also reduces the home health market basket 
update for fiscal years 2000, 2001, 2002, and 2003, by 1.1 
percentage points. Despite the increase in Medicare part B 
expenditures, the provision excludes these costs from the 
calculation of the beneficiary monthly premium until the 
prospective payment system is implemented. Finally, the 
provision requires several reports on the prospective payment 
system summarizing research conducted by the Secretary of 
Health and Human Services to be submitted to the Congress so 
that implementation of the new payment system is not further 
delayed. The policies contained in the bill were carefully 
designed to meet administrative restrictions relating to the 
Year 2000.
      Effective date.--The provision is effective upon 
enactment.

             Subtitle B--Other Medicare-Related Provisions

  Sec. 6201.--Authorization of Additional Exceptions to Imposition of 
          Penalties For Providing Inducements to Beneficiaries

Present law
      The Health Insurance Portability and Accountability Act 
of 1996 (HIPAA) had the effect of prohibiting medical 
facilities from offering patient financial assistance programs. 
HIPAA contained a number of provisions designed to toughen 
fraud and abuse enforcement. One provision--Section 
231(h)(l)(C)(5) of HIPAA--prohibited medical facilities from 
offering patients any kind of inducement to receive services 
from any particular medical provider. This provision was 
designed to prevent kickbacks which the Inspector General 
reported was occurring in some circumstances.
      Prior to the enactment of HIPAA, specialized medical 
facilities, such as dialysis centers, operated programs to help 
their patients afford medical treatment. Examples of these 
programs included paying patients' Medicare Part B premiums; 
giving patients free eye-glasses and other services designed to 
assist patients. The effect of the HIPAA fraud and abuse 
provision was to discourage medical facilities from offering 
programs to help patients lest these programs be seen as 
inducements for patients to receive services from the 
particular medical facility.
House bill
      H.R. 4567, the ``Medicare Home Health Care and Veterans 
Health Care Improvement Act,'' as passed by the House of 
Representatives on October 12, 1998, contained provisions which 
would allow the Inspector General to develop criteria for 
making limited exceptions to the current fraud and abuse laws.
      H.R. 4567's provisions would amend HIPAA in several ways: 
First, the Inspector General of the Health and Human Services 
Department could create exceptions--known as ``safe harbors'' 
to the fraud and abuse rules so as to exclude specific payment 
practices from the HIPAA provisions. Second, H.R. 3511 would 
allow medical facilities to obtain advisory opinions from the 
Inspector General. These opinions would provide legal and 
regulatory guidance to medical facilities as to whether payment 
of coinsurance or other premiums violates HIPAA's fraud and 
abuse provisions. Finally, H.R. 3511 would also give the 
Secretary of HHS interim final rulemaking authority which would 
speed up the process whereby these safe harbors and advisory 
opinions become effective.
      Effective date.--The provision is effective upon 
enactment.
Senate amendment
      The Senate bill had no similar provision.

                               Division J

      Division J provides authority for the Inspector General 
to promulgate a rule authorizing exceptions to the fraud and 
abuse provisions. The provision places limits on the Inspector 
General's safe harbor authority relating to providers or health 
care facilities providing Medicare supplemental coverage to 
end-stage renal disease beneficiaries. The duration of the safe 
harbor authority for this particular issue will be limited to a 
two year period which commences on the date that the rule is 
promulgated. The provision also stipulates that the Comptroller 
General shall conduct a study that compares any 
disproportionate impact on specific issuers of the purchase of 
Medicare supplemental policies for end stage renal disease 
patients. The provision also requires the Comptroller General 
to submit recommendations on whether the Inspector General's 
authority to issue such exceptions should be extended.

          Sec. 6202.--Expansion of Membership of MedPAC to 17

Present law
      The Balanced Budget Act of 1997, Public Law 105-33, 
established the Medicare Payment Advisory Commission (MedPAC) 
as a result of merging two commissions, the Prospective Payment 
Advisory Commission and the Physician Payment Review 
Commission. MedPAC, like its predecessors, is a nonpartisan 
commission which advises Congress and makes recommendations 
regarding Medicare payment policies. MedPAC commissioners are 
appointed by the Comptroller General and serve terms of three 
years. The Balanced Budget Act authorizes the Commission to 
have fifteen commissioners.
      Section 4022 of the Balanced Budget Act detailed the 
criteria for membership on the Commission: The membership of 
the Commission shall include individuals with national 
recognition for their expertise in health finance and 
economics, actuarial science, health facility management, 
health plans and integrated delivery systems, reimbursement of 
health facilities, allopathic and osteopathic medicine, and 
other related fields of health care delivery and services, who 
provide a mix of different professionals, broad and geographic 
representation, and a balance between urban and rural 
representatives.
House bill
      H.R. 4567, the ``Medicare Home Health Care and Veterans 
Health Care Improvement Act,'' as passed by the House of 
Representatives on October 12, 1998, contained provisions which 
would increase the number of commissioners appointed to MedPAC 
to seventeen. The addition of two commissioners would enable 
the commission to reflect more fully the diversity of 
backgrounds and interests in the health policy community.
      Effective date.--The provision is effective on May 1, 
1999.
Senate amendment
      The Senate bill had no similar provision.

                               Division J

      Division J contains provisions which would increase the 
number of commissioners appointed to MedPAC to seventeen. The 
addition of two members would enable the Commission to reflect 
more fully the diversity of backgrounds and interests in the 
health policy community.
      Effective date.--The provision is effective on May 1, 
1999.

          Revenue Offsets for Medicare Home Health Provisions

                   tax treatment of prizes and awards

Present law
      A taxpayer generally is required to include an item in 
income no later than the time of its actual or constructive 
receipt, unless the item properly is accounted for in a 
different period under the taxpayer's method of accounting. If 
a taxpayer has an unrestricted right to demand the payment of 
an amount, the taxpayer is in constructive receipt of that 
amount whether or not the taxpayer makes the demand and 
actually receives the payment. Under the principle of 
constructive receipt, the winner of a contest who is given the 
option of receiving either a lump-sum distribution or an 
annuity is required to include the value of the award in gross 
income, even if the annuity option is exercised.
House bill
      No provision.
Senate amendment
      No provision.

                               Division J

      The existence of a ``qualified prize option'' is 
disregarded in determining the taxable year for which any 
portion of a qualified prize is to be included in income. A 
qualified prize option is an option that entitles a person to 
receive a single cash payment in lieu of a qualified prize (or 
portion thereof), provided such option is exercisable not later 
than 60 days after the prize winner becomes entitled to the 
prize. Thus, a qualified prize winner who is provided the 
option to choose either cash or an annuity not later than 60 
days after becoming entitled to the prize is not required to 
include amounts in gross income immediately if the annuity 
option is exercised merely by reason of having the option. This 
provision applies with respect to any qualified prize to which 
a person first becomes entitled after the date of enactment.
      In addition, the provision also applies to any qualified 
prize to which a person became entitled on or before the date 
of enactment if the person has an option to receive a lump-sum 
cash payment only during some portion of the 18-month period 
beginning on July 1, 1999. This is intended to give previous 
prize winners a one-time option to alter previous payment 
arrangements.
      Qualified prizes are prizes or awards from contests, 
lotteries, jackpots, games or similar arrangements that provide 
a series of payments over a period of at least 10 years, 
provided that the prize or award does not relate to any past 
services performed by the recipient and does not require the 
recipient to perform any substantial \1\ future service. The 
provision applies to individuals on the cash receipts and 
disbursements method of accounting. Income and deductions 
resulting from this provision retain their character as 
ordinary, not capital. In addition, the Secretary is to provide 
for the application of this provision in the case of a 
partnership or other pass-through entity consisting entirely of 
individuals on the cash receipts and disbursements method of 
accounting.
---------------------------------------------------------------------------
    \1\ Appearing in advertising relating to the prize or award is not 
(in and of itself) substantial.
---------------------------------------------------------------------------
      Any offer of a qualified prize option must include 
disclosure of the methodology used to compute the single cash 
payment, including the discount rate that makes equivalent the 
present values of the prize to which the prize winner is 
entitled (or relevant portion thereof) and the single cash 
payment offered. Any offer of a qualified prize option must 
also clearly indicate that the prize winner is under no 
obligation to accept any offer of a single cash payment and may 
continue to receive the payments to which he or she is entitled 
under the terms of the qualified prize.
      Effective date.--The provision applies with respect to 
any qualified prize to which a person first becomes entitled 
after the date of enactment. In addition, the provision also 
applies to any qualified prize to which a person became 
entitled on or before the date of enactment if the person has 
an option to receive a lump-sum payment only during some 
portion of the 18-month period beginning on July 1, 1999.





  Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
                                  1999

        (discretionary budget authority, in billions of dollars)

Division A--Omnibus Appropriations:
Agriculture.............................................            13.7
      Agriculture emergency funding.....................             5.9
Commerce, Justice, State................................            33.1
District of Columbia....................................             0.5
Foreign Operations \1\..................................            31.2
Interior................................................            13.9
Labor, HHS, Education...................................            83.2
Transportation..........................................            13.1
Treasury, Postal Service................................            13.4
Miscellaneous appropriations............................             0.8
Offsets.................................................            -2.8
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Division A..............................           206.1
                    ========================================================
                    ____________________________________________________
Division B--Emergency Supplemental Appropriations:
Military readiness and overseas contingency operations..             6.8
Antiterrorism...........................................             2.4
Year 2000 conversion....................................             3.4
Other emergencies.......................................             1.5
Counter-drug activities and interdiction................             0.7
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Division B..............................            14.9
                    ========================================================
                    ____________________________________________________
    Recap:
      Total, regular appropriations.....................           203.0
      Total, emergency agriculture and supplemental 
      appropriations....................................            20.8
      Total, offsets....................................            -2.8
                    --------------------------------------------------------
                    ____________________________________________________
          Total, funding................................           221.0
                    ========================================================
                    ____________________________________________________
Appropriations subject to allocation \2\................           219.9
Remaining allocation \3\................................           220.1
Appropriations vs. allocation...........................            -0.2

\1\ Includes $17.9 billion for the International Monetary Fund.
\2\ Excludes $1.1 billion in transportation budget authority for transit 
programs, which is scored as obligation limitations for Congressional 
Budget Act purposes.
\3\ Allocation available after scoring of all other bills. Includes all 
adjustments to allocations permitted by the Congressional Budget Act.
---------------------------------------------------------------------------
                                   Tom DeLay,
                                   Ralph Regula,
                                   Harold Rogers,
                                   Ron Packard,
                                   S. Callahan,
                                   Todd Tiahrt,
                                   Robert Aderholt,
                                   Bob Livingston,
                                   Martin Olav Sabo,
                                   Esteban E. Torres,
                                   John W. Olver,
                                   Ed Pastor,
                                   Bud Cramer,
                                   Dave Obey,
                                 Managers on the Part of the House.

                                   Richard Shelby,
                                   Pete V. Domenici,
                                   Robert F. Bennett,
                                   Ted Stevens,
                                   Frank R. Lautenberg,
                                   Robert C. Byrd
                                           (with the exception of 
                                               certain leadership 
                                               legislative riders),
                                   Harry Reid,
                                   Patty Murray,
                                   Daniel K. Inouye,
                                Managers on the Part of the Senate.

                                
