    [105th Congress Public Law 277]
    [From the U.S. Government Publishing Office]

    <DOC>
    [DOCID: f:publ277.105]

    [[Page 112 STAT. 2681]]

    *Public Law 105-277
    105th Congress

                                     An Act

    Making omnibus consolidated and emergency appropriations for the fiscal
    year ending September 30, 1999, and for other purposes. <<NOTE: Oct. 21,
                             1998 -  [H.R. 4328]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in <<NOTE: Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999.>> Congress assembled,

                 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:

     <<NOTE: Agriculture, Rural Development, Food and Drug Administration,
         and Related Agencies Appropriations Act, 1999.>> AN ACT Making
        appropriations for Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies programs 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.

    __________
    ---------------------------------------------------------------------------

        *Note: This is a typeset print of the original hand enrollment as
    signed by the President on October 21, 1998. The text is printed without
    corrections.
    112 STAT. 2681-

    112 STAT. 2681-

    112 STAT. 2681-

    PUBLIC LAW 105-277--OCT. 21, 1998

    PUBLIC LAW 105-277--OCT. 21, 1998

    PUBLIC LAW 105-277--OCT. 21, 1998

    [[Page 112 STAT. 2681-1]]

                              Executive Operations

        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.

        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

        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

    [[Page 112 STAT. 2681-2]]

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

                           Hazardous Waste Management

        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

        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.

        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.

    [[Page 112 STAT. 2681-3]]

          Office of the Assistant Secretary for Congressional Relations

        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

        For necessary expenses of the Office of the Inspector General,
    including employment pursuant to the second sentence of section 706(a)
    of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
    Act of 1978, $65,128,000, including such sums as may be necessary for
    contracting and other arrangements with public agencies and private
    persons pursuant to section 6(a)(9) of the Inspector General Act of
    1978, including a sum not to exceed $50,000 for employment under 5
    U.S.C. 3109; and including a sum not to exceed $100,000 for certain
    confidential operational expenses, including the payment of informants,
    to be expended under the direction of the Inspector General pursuant to
    Public Law 95-452 and section 1337 <<NOTE: 7 USC 2270a.>> 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.

    [[Page 112 STAT. 2681-4]]

       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

        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

        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:
    <<NOTE: 7 USC 2254.>> Provided further, That appropriations hereunder
    shall be available for the

    [[Page 112 STAT. 2681-5]]

    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

        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

    [[Page 112 STAT. 2681-6]]

    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

    [[Page 112 STAT. 2681-7]]

    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

        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

    [[Page 112 STAT. 2681-8]]

    administer a brucellosis eradication program for the current fiscal year
    that does not require minimum matching by the States of at least 40
    percent: Provided further, That this appropriation shall be available
    for field employment pursuant to the second sentence of section 706(a)
    of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000
    shall be available for employment under 5 U.S.C. 3109: Provided further,
    That this appropriation shall be available for the operation and
    maintenance of aircraft and the purchase of not to exceed four, of which
    two shall be for replacement only: Provided further, That, in addition,
    in emergencies which <<NOTE: 21 USC 129.>>  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

        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

    [[Page 112 STAT. 2681-9]]

    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).

        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 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.

        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

        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.

    [[Page 112 STAT. 2681-10]]

        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.

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

                       Food Safety and Inspection Service

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

    Office of the Under Secretary for Farm and Foreign Agricultural Services

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

                               Farm Service Agency

        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

    [[Page 112 STAT. 2681-11]]

    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.

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

        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.

        For gross obligations for the principal amount of direct and
    guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
    from funds in the Agricultural Credit Insurance Fund, as follows: farm
    ownership loans, $510,682,000, of which $425,031,000 shall be for
    guaranteed loans; operating loans, $1,648,276,000, of which $948,276,000
    shall be for unsubsidized guaranteed loans and $200,000,000 shall be for
    subsidized guaranteed loans; Indian tribe land acquisition loans as
    authorized by 25 U.S.C. 488, $1,000,000; for emergency insured loans,
    $25,000,000 to meet the needs resulting from natural disasters; and for
    boll weevil eradication program loans as authorized by 7 U.S.C. 1989,
    $100,000,000.
        For the cost of direct and guaranteed loans, including the cost of
    modifying loans as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: farm ownership loans, $19,580,000, of which
    $6,758,000 shall be for guaranteed loans; operating loans, $62,630,000,
    of
    which $11,000,000 shall be for

    [[Page 112 STAT. 2681-12]]

    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.

        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

        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).

        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.

    [[Page 112 STAT. 2681-13]]

                                    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

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

    [[Page 112 STAT. 2681-14]]

        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.

        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.

        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.

        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.

    [[Page 112 STAT. 2681-15]]

                                    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.

        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

        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

    [[Page 112 STAT. 2681-16]]

    for unsubsidized guaranteed loans; $25,001,000 for section 504 housing
    repair loans; $100,000,000 for section 538 guaranteed multi-family
    housing loans; $20,000,000 for section 514 farm labor housing;
    $114,321,000 for section 515 rental housing; $5,152,000 for section 524
    site loans; $16,930,000 for credit sales of acquired property, of which
    up to $5,001,000 may be for multi-family credit sales; and $5,000,000
    for section 523 self-help housing land development loans.
        For the cost of direct and guaranteed loans, including the cost of
    modifying loans, as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: section 502 loans, $116,800,000, of which
    $2,700,000 shall be for unsubsidized guaranteed loans; section 504
    housing repair loans, $8,808,000; section 538 multi-family housing
    guaranteed loans, $2,320,000; section 514 farm labor housing,
    $10,406,000; section 515 rental housing, $55,160,000; section 524 site
    loans, $17,000; credit sales of acquired property, $3,492,000, of which
    up to $2,416,000 may be for multi-family credit sales; and section 523
    self-help housing land development loans, $282,000: Provided, That
    of the total amount appropriated in this paragraph, $10,380,000 shall be
    for empowerment zones and enterprise communities, as authorized by
    Public Law 103-66: Provided further, That if such funds are not
    obligated for empowerment zones and enterprise communities by June 30,
    1999, they shall remain available for other authorized purposes under
    this head.

        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $360,785,000, which shall be
    transferred to and merged with the appropriation for ``Rural Housing
                        Service, Salaries and Expenses''.

        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.

        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

    [[Page 112 STAT. 2681-17]]

    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.

        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.

        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

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

        In addition, for administrative expenses to carry out the direct
    loan programs, $3,482,000 shall be transferred to and merged with the
    appropriation for ``Rural Business-Cooperative Service, Salaries and
    Expenses''.

    [[Page 112 STAT. 2681-18]]

        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.

        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.

        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

        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

    [[Page 112 STAT. 2681-19]]

    percent rural telecommunications loans, $75,000,000; cost of money rural
    telecommunications loans, $300,000,000; municipal rate rural electric
    loans, $295,000,000; and loans made pursuant to section 306 of that Act,
    rural electric, $700,000,000 and
    rural telecommunications, $120,000,000, to remain available until
    expended.

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

        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''.

        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.

        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.

    [[Page 112 STAT. 2681-20]]

                                    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

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

        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

    [[Page 112 STAT. 2681-21]]

    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.

        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.

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

                           food program administration

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

    [[Page 112 STAT. 2681-22]]

                                     TITLE V

                     FOREIGN ASSISTANCE AND RELATED PROGRAMS

             Foreign Agricultural Service and General Sales Manager

        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 sacoordinate 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.

        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 transferredto and merged with the
    appropriation for ``Foreign Agricultural Service and General Sales
    Manager'' and $815,000 may be transferred

    [[Page 112 STAT. 2681-23]]

    to and merged with the appropriation for ``Farm Service Agency, Salaries
                                 and Expenses''.

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

                                    TITLE VI

                RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

        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 Officeof Regulatory Affairs; (3) $125,095,000 shall be for the
    Center for Biologics Evaluation and Research and for related field
    activities in the Office

    [[Page 112 STAT. 2681-24]]

    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.

        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

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

                              INDEPENDENT AGENCIES

                      Commodity Futures Trading Commission

        For necessary expenses to carry out the provisions of the Commodity
    Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
    passenger motor vehicles; the rental of space (to include multiple year
    leases) in the District of Columbia and elsewhere; and not to exceed
    $25,000 for employment under 5 U.S.C. 3109, $61,000,000, including not
    to exceed $1,000 for official reception and representation expenses:
    Provided, That the Commission is authorized to charge reasonable fees to
    attendees of

    [[Page 112 STAT. 2681-25]]

    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

        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.  <<NOTE: 7 USC 1623a.>> 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. <<NOTE: 7 USC 2209b.>> 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.

    [[Page 112 STAT. 2681-26]]

        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.
         <<NOTE: 7 USC 612c note.>> Sec. 709. Notwithstanding any other
    provision of this Act, commodities acquired by the Department in
    connection with Commodity Credit Corporation and section 32 price
    support operations may be used, as authorized by law (15 U.S.C. 714c and
    7 U.S.C. 612c), to provide commodities to individuals in cases of
    hardship as determined by the Secretary of Agriculture.

        Sec. 710. None of the funds in this Act shall be available to
    restrict the authority of the Commodity Credit Corporation to lease
    space for its own use or to lease space on behalf of other agencies of
    the Department of Agriculture when such space will be jointly occupied.
        Sec. 711. None of the funds in this Act shall be available to pay
    indirect costs on research grants awarded competitively by the
    Cooperative State Research, Education, and Extension Service that exceed
    14 percent of total Federal funds provided under each award: Provided,
    That notwithstanding section 1462 of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7
    U.S.C. 3310), funds provided by this Act for grants awarded
    competitively by the Cooperative State Research, Education, and
    Extension Service shall be available to pay full allowable indirect
    costs for each grant awarded under the Small Business Innovation
    Development Act of 1982, Public Law 97-219 (15 U.S.C. 638).

        Sec. 712. Notwithstanding any other provisions of this Act, all loan
    levels provided in this Act shall be considered estimates, not
    limitations.
        Sec. 713. Appropriations to the Department of Agriculture for the
    cost of direct and guaranteed loans made available in fiscal year 1999
    shall remain available until expended to cover obligations made in
    fiscal year 1999 for the following accounts: the rural development loan
    fund program account; the Rural Telephone Bank program account; the
    rural electrification and telecommunications loans program account; and
    the rural economic development loans program account.
        Sec. 714. Such sums as may be necessary for fiscal year 1999 pay
    raises for programs funded by this Act shall be absorbed within the
    levels appropriated by this Act.
        Sec. 715. Notwithstanding the Federal Grant and Cooperative
    Agreement Act, marketing services of the Agricultural Marketing Service;
    Grain Inspection, Packers and Stockyards Administration;

    [[Page 112 STAT. 2681-27]]

    and the Animal and Plant Health Inspection Service may use cooperative
    agreements to reflect a relationship between the Agricultural Marketing
    Service, the Grain Inspection, Packers and Stockyards Administration or
    the Animal and Plant Health Inspection Service and a State or Cooperator
    to carry out agricultural marketing programs or to carry out programs to
    protect the Nation's animal and plant resources.
        Sec. 716. Notwithstanding the Federal Grant and Cooperative
    Agreement Act, the Natural Resources Conservation Service may enter into
    contracts, grants, or cooperative agreements with a State agency or
    subdivision, or a public or private organization, for the acquisition of
    goods or services, including personal services, to carry out natural
    resources conservation activities: Provided, That Commodity Credit
    Corporation funds obligated for such purposes shall not exceed the level
    obligated by the Commodity Credit Corporation for such purposes in
    fiscal year 1998.
        Sec. 717. None of the funds in this Act may be used to retire more
    than 5 percent of the Class A stock of the Rural Telephone Bank or to
    maintain any account or subaccount within the accounting records of the
    Rural Telephone Bank the creation of which has not specifically been
    authorized by statute: Provided, That notwithstanding any other
    provision of law, none of the funds appropriated or otherwise made
    available in this Act may be used to transfer to the Treasury or to the
    Federal Financing Bank any unobligated balance of the Rural Telephone
    Bank telephone liquidating account which is in excess of current
    requirements and such balance shall receive interest as set forth for
    financial accounts in section 505(c) of the Federal Credit Reform Act of
    1990.
        Sec. 718. Hereafter, none of the funds made available in this Act
    may be used to provide assistance to, or to pay the salaries of
    personnel to carry out a market promotion/market access program pursuant
    to section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
    that provides assistance to the United States Mink Export Development
    Council or any mink industry trade association.
        Sec. 719. Of the funds made available by this Act, not more than
    $1,800,000 shall be used to cover necessary expenses of activities
    related to all advisory committees, panels, commissions, and task forces
    of the Department of Agriculture, except for panels used to comply with
    negotiated rule makings and panels used to evaluate competitively
    awarded grants: Provided, That interagency funding is authorized to
    carry out the purposes of the National Drought Policy Commission.
        Sec. 720. None of the funds appropriated in this Act may be used to
    carry out the provisions of section 918
    of Public Law 104-127, the Federal Agriculture Improvement and Reform
    Act.

        Sec. 721. No employee of the Department of Agriculture may be
    detailed or assigned from an agency or office funded by this Act to any
    other agency or office of the Department for more than 30 days unless
    the individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.
        Sec. 722. None of the funds appropriated or otherwise made available
    to the Department of Agriculture shall be used to transmit or otherwise
    make available to any non-Department of Agriculture employee questions
    or responses to questions that are a result of information requested for
    the appropriations hearing process.

    [[Page 112 STAT. 2681-28]]

        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

    [[Page 112 STAT. 2681-29]]

    on which wild rice is planted unless the contract payment is reduced by
    an acre for each contract acre planted to wild rice.
        Sec. 728. The Federal facility located in Stuttgart, Arkansas, and
    known as the ``United States National Rice Germplasm Evaluation and
    Enhancement Center'', shall be known and designated as the ``Dale
    Bumpers National Rice Research Center'': Provided, That any reference in
    law, map, regulation, document, paper, or other record of the United
    States to such federal facility shall be deemed to be a reference to the
    ``Dale Bumpers National Rice Research Center''.
        Sec. 729. Notwithstanding any other provision of law, the Secretary
    of Agriculture, subject to the reprogramming requirements established by
    this Act, may transfer up to $26,000,000 in discretionary funds made
    available by this Act among programs of the Department, not otherwise
    appropriated for a specific purpose or a specific location, for
    distribution to or for the benefit of the
    Lower Mississippi Delta Region, as defined in Public Law 100-460, prior
    to normal state or regional allocation of funds: Provided, That any
    funds made available through Chapter Four of Subtitle D of Title XII of
    the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) may be included
    in any amount reprogrammed under this section if such funds are used for
    a purpose authorized by such Chapter: Provided further, That any funds
    made available from ongoing programs of the Department of Agriculture
    used for the benefit of the Lower Mississippi Delta Region shall be
    counted toward the level cited in this section.

        Sec. 730. None of the funds appropriated or otherwise made available
    by this Act shall be used to pay the salaries and expenses of personnel
    to enroll in excess of 120,000 acres in the fiscal year 1999 wetlands
    reserve program as authorized by 16 U.S.C. 3837.
        Sec. 731. None of the funds appropriated or otherwise made available
    by this Act shall be used to pay the salaries and expenses of personnel
    to carry out the emergency food assistance program authorized by section
    27(a) of the Food Stamp Act if such program exceeds $90,000,000.
        Sec. 732. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to carry out the provisions of section 401 of Public Law
    105-185.
        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.

    [[Page 112 STAT. 2681-30]]

        Sec. 737. Section 512(d)(4)(D)(iii) of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by inserting
    before the semicolon the following: ``, except that for purposes of this
    clause, antibacterial ingredient or animal drug does not include the
    ionophore or arsenical classes of animal drugs''.
        Sec. 738. (a) None of the funds appropriated or otherwise made
    available to the Secretary by this Act, any other Act, or any other
    source may be used to issue the final rule to implement the amendments
    to Federal milk marketing orders required by subsection (a)(1) of
    section 143 of the Agricultural Market Transition Act (7 U.S.C. 7253),
    other than during the period of February 1, 1999, through April 4, 1999,
    and only if the actual implementation of the amendments as part of
    Federal milk marketing orders takes effect on October 1, 1999,
    notwithstanding the penalties that would otherwise be imposed under
    subsection (c) of such section.
        (b) None of such funds may be used to designate the State of
    California as a separate Federal milk marketing order under subsection
    (a)(2) of such section, other than during the period beginning on the
    date of the issuance of the final rule referred to in subsection (a)
    through September 30, 1999.
        (c) For purposes of this section, a rule shall be considered to be a
    final rule when the rule is submitted to Congress as required by chapter
    8 of title 5, United States
    Code, to permit congressional review of agency rulemaking and before the
    Secretary of Agriculture conducts the producer referendum required under
    section 8c(19) of the Agricultural Adjustment Act (7 U.S.C. 608c(19)),
    reenacted with amendments by the Agricultural Marketing Agreement Act of
    1937.

        Sec. 739. Whenever the Secretary of Agriculture announces the basic
    formula price for milk for purposes of Federal milk marketing orders
    issued under section 8c of the Agricultural Adjustment Act (7 U.S.C.
    608c), reenacted with amendments by the Agricultural Marketing Agreement
    Act of 1937, the Secretary shall include in the announcement an
    estimate, stated on a per hundredweight basis, of the costs incurred by
    milk producers, including transportation and marketing costs, to produce
    milk in the different regions of the United States.
        Sec. 740. None of the funds appropriated or otherwise made available
    by this Act shall be used to pay the salaries and expenses of personnel
    to carry out a conservation farm option program, as authorized by
    section 335 of Public Law 104-127.
         <<NOTE: 7 USC 2279 note.>> 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

    [[Page 112 STAT. 2681-31]]

                (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.

         <<NOTE: 7 USC 2279d.>> 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,

    [[Page 112 STAT. 2681-32]]

    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.
         <<NOTE: 7 USC 1622 note.>> 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.).

         <<NOTE: 7 USC 1508 note.>> 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.
         <<NOTE: 7 USC 1762 note.>> 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 <<NOTE: 16 USC 3837d.>> is amended by inserting after
    ``perpetual'' the following ``or 30-year''.

        Sec. 752. <<NOTE: 16 USC 3837.>> 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,

    [[Page 112 STAT. 2681-33]]

    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).''.

         <<NOTE: Effective date. 7 USC 343 note.>> (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

    [[Page 112 STAT. 2681-34]]

    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 <<NOTE: 15 USC 714b.>>  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

    [[Page 112 STAT. 2681-35]]

    administered by the Rural Housing Service and the Rural Business-
    Cooperative Service.
        Sec. 760. (a)(1) For purposes 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

    [[Page 112 STAT. 2681-36]]

                    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.
         <<NOTE: 42 USC 7671c.>> 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

    [[Page 112 STAT. 2681-37]]

            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.''.

         <<NOTE: 42 USC 7671c.>> (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.''.

         <<NOTE: 16 USC 590h note.>> 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

    [[Page 112 STAT. 2681-38]]

                        ``(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:

    [[Page 112 STAT. 2681-39]]

                        ``(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'';

    [[Page 112 STAT. 2681-40]]

                (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''.

    <<NOTE: India-Pakistan Relief Act of 1998. 22 USC 2799aa-1 note.>> TITLE
    IX--INDIA-PAKISTAN RELIEF ACT

        Sec. 901. Short Title. This title may be cited as the ``India-
    Pakistan Relief Act of 1998''.
         <<NOTE: 22 USC 2799aa-1 note.>> Sec. 902. Waiver Authority. (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.
         <<NOTE: 22 USC 2799aa-1 note.>> Sec. 903. Consultation. Prior to
    each exercise of the authority provided in section 902, the President
    shall consult with the appropriate congressional committees.

         <<NOTE: 22 USC 2799aa-1 note.>> Sec. 904. Reporting Requirement.
    Not later than 30 days prior to the expiration of a one-year period
    described in section

    [[Page 112 STAT. 2681-41]]

    902, the Secretary of State shall submit a report to the appropriate
    congressional committees on economic and national security developments
    in India and Pakistan.

         <<NOTE: 22 USC 2799aa-1 note.>> Sec. 905. Appropriate Congressional
    Committees Defined. In this title, the term ``appropriate congressional
    committees'' means the Committee on Foreign Relations of the Senate and
    the Committee on International Relations of the House of Representatives
    and the Committees on Appropriations of the House of Representatives and
    the Senate.

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

    SEC. 1001. GENERAL.

        Title II of the Federal Crop Insurance Reform and Department of
    Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is
    amended--
                 <<NOTE: 7 USC 6918.>> (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

    <<NOTE: 7 USC 7005.>> ``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

    [[Page 112 STAT. 2681-42]]

    (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
                 <<NOTE: 7 USC 7014.>> (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

    <<NOTE: 7 USC 1421 note.>> 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);

    [[Page 112 STAT. 2681-43]]

                        (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.).

    <<NOTE: 7 USC 1421 note.>> 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.--

    [[Page 112 STAT. 2681-44]]

                        (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.

    <<NOTE: 7 USC 1421 note.>> 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

    <<NOTE: 7 USC 1421 note.>> SEC. 1111. MARKET LOSS ASSISTANCE.

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

    <<NOTE: 7 USC 1421 note.>> 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

    [[Page 112 STAT. 2681-45]]

    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.

    <<NOTE: 7 USC 1421 note.>> 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.

    <<NOTE: 7 USC 1421 note.>> 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 <<NOTE: 7 USC 1421 note.>>  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--

    [[Page 112 STAT. 2681-46]]

                (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.''.

    <<NOTE: 7 USC 1421 note.>> 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).''.

    <<NOTE: 7 USC 1421 note.>> 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:

    <<NOTE: 7 USC 229a.>> ``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

    [[Page 112 STAT. 2681-47]]

    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

    <<NOTE: 7 USC 1421 note.>> 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.

    <<NOTE: 7 USC 1421 note.>> 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.

    <<NOTE: 7 USC 1421 note.>> 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.

    [[Page 112 STAT. 2681-48]]

                              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:

    <<NOTE: 42 USC 13220.>> ``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--

    [[Page 112 STAT. 2681-49]]

                        ``(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

        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.

        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

          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.

    [[Page 112 STAT. 2681-50]]

                     Natural Resources Conservation Service

        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:

                         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

    [[Page 112 STAT. 2681-51]]

    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.

        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.

        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

    [[Page 112 STAT. 2681-52]]

    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.

    [[Page 112 STAT. 2681-53]]

                    salaries and expenses, antitrust division

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

        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.

    [[Page 112 STAT. 2681-54]]

                        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.

        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.

        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.

        There is hereby established <<NOTE: 18 USC 4013 note.>>  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:

    [[Page 112 STAT. 2681-55]]

    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.

    [[Page 112 STAT. 2681-56]]

                         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

        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

    [[Page 112 STAT. 2681-57]]

    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.

        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

        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.

        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.

    [[Page 112 STAT. 2681-58]]

                     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

    [[Page 112 STAT. 2681-59]]

    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

        For expenses necessary for the administration, operation, and
    maintenance of Federal penal and correctional institutions,

    [[Page 112 STAT. 2681-60]]

    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, <<NOTE: 42 USC
    250a.>> 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.

        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.

        The Federal Prison Industries, Incorporated, is hereby authorized to
    make such expenditures, within the limits of funds and

    [[Page 112 STAT. 2681-61]]

    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.

        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)

    [[Page 112 STAT. 2681-62]]

    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,

    [[Page 112 STAT. 2681-63]]

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

        For necessary expenses, including salaries and related expenses of
    the Executive Office for Weed and Seed, to implement ``Weed and Seed''
    program activities, $33,500,000 to remain available until expended, for
    intergovernmental agreements, including grants, cooperative agreements,
    and contracts, with State and local law enforcement agencies engaged in
    the investigation and prosecution of violent crimes and drug offenses in
    ``Weed and Seed'' designated communities, and for either reimbursements
    or transfers to appropriation accounts of the Department of Justice and
    other Federal agencies which shall be specified by the Attorney General
    to execute the ``Weed and Seed'' program strategy: Provided, That funds
    des-

    [[Page 112 STAT. 2681-64]]

    ignated 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

        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.

        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

    [[Page 112 STAT. 2681-65]]

    provision of law, $6,847,000 shall be available for expenses authorized
    by part A of title II of the Act, $89,000,000 shall be available for
    expenses authorized by part B of title II of the Act, and $42,750,000
    shall be available for expenses authorized by part C of title II of the
    Act: Provided, That $26,500,000 of the amounts provided for part B of
    title II of the Act, as amended, is for the purpose of providing
    additional formula grants under part B to States that provide assurances
    to the Administrator that the State has in effect (or will have in
    effect no later than one year after date of application) policies and
    programs, that ensure that juveniles are subject to accountability-based
    sanctions for every act for which they are adjudicated delinquent; (2)
    $12,000,000 shall be
    available for expenses authorized by 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

    [[Page 112 STAT. 2681-66]]

    of 1990, as amended, $7,000,000, to remain available until expended, as
                     authorized by section 214B of the Act.

        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.
         <<NOTE: 18 USC 3059 note.>> 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

    [[Page 112 STAT. 2681-67]]

    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.
         <<NOTE: 18 USC 4043 note.>> 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

    [[Page 112 STAT. 2681-68]]

    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'';

    [[Page 112 STAT. 2681-69]]

                (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

    [[Page 112 STAT. 2681-70]]

    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.--
                 <<NOTE: 18 USC 923 note.>> (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.

         <<NOTE: 18 USC 921 note.>> (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

    [[Page 112 STAT. 2681-71]]

    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.''.

         <<NOTE: 42 USC 3760 note.>> (b) Effective Date.--The amendments
    made by this section shall take effect on the earlier of--
                (1) October 1, 1998; or
                           (2) the date of enactment of this Act.

        Sec. 121. 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)).

    [[Page 112 STAT. 2681-72]]

                ``(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'';

    [[Page 112 STAT. 2681-73]]

                (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.''.

         <<NOTE: 28 USC 534 note.>> 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.

    [[Page 112 STAT. 2681-74]]

        (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.
         <<NOTE: 5 USC 5724a note.>> 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,

    [[Page 112 STAT. 2681-75]]

            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

    [[Page 112 STAT. 2681-76]]

                    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

    [[Page 112 STAT. 2681-77]]

                    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''.

    <<NOTE: Department of Commerce and Related Agencies Appropriations Act,
    1999.>> TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                      Trade and Infrastructure Development

                                RELATED AGENCIES

                Office of the United States Trade Representative

        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

    [[Page 112 STAT. 2681-78]]

    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

        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

    [[Page 112 STAT. 2681-79]]

    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

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

                              salaries and expenses

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

    [[Page 112 STAT. 2681-80]]

                      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 <<NOTE: 47 USC 903 note. public telecommunications facilities,
    planning and construction>> expended: Provided further, That hereafter,
    notwithstanding any other provision of law, NTIA shall not authorize
    spectrum use or provide any spectrum

    [[Page 112 STAT. 2681-81]]

    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.

        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.

    [[Page 112 STAT. 2681-82]]

                           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

        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

        For necessary expenses of the National Institute of Standards and
    Technology, $280,136,000, to remain available until expended,

    [[Page 112 STAT. 2681-83]]

    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, <<NOTE: 15 USC 278k
    note.>> 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

        For necessary expenses of activities authorized by law for the
    National <<NOTE: 33 USC 851.>> 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

    [[Page 112 STAT. 2681-84]]

    the management of the national marine sanctuaries may be retained and
    used for the salaries and expenses associated with those activities,
    notwithstanding 31 U.S.C. 3302: Provided further, That in addition,
    $63,381,000 shall be derived by transfer from the fund entitled
    ``Promote and Develop Fishery Products and Research Pertaining to
    American Fisheries'': Provided further, That grants to States pursuant
    to sections 306 and 306A of the Coastal Zone Management Act of 1972, as
    amended, shall not exceed $2,000,000: Provided further, That not to
    exceed $31,439,000 shall be expended for Executive Direction and
    Administration, which consists of the Offices of the Under Secretary,
    the Executive Secretariat, Policy and Strategic Planning, International
    Affairs, Legislative Affairs, Public Affairs, Sustainable Development,
    the Chief Scientist, and the General Counsel: Provided further, That the
    aforementioned offices, excluding the Office of the General Counsel,
    shall not be augmented by personnel details, temporary transfers of
    personnel on either a reimbursable or nonreimbursable basis or any other
    type of formal or informal transfer or reimbursement of personnel or
    funds on either a temporary or long-term basis above the level of 33
    personnel: Provided further, That the Secretary of Commerce shall make
    funds available to implement the mitigation recommendations identified
    subsequent to the ``1995 Secretary's Report to Congress on Adequacy of
    NEXRAD Coverage and Degradation of Weather Services'', and shall ensure
    continuation of weather service coverage for these communities until
    mitigation activities are completed: Provided further, That no general
    administrative charge shall be applied against any assigned activity
    included in this Act and, further, that any direct administrative
    expenses applied against assigned activities shall be limited to five
    percent of the funds provided for that assigned activity.

                    procurement, acquisition and construction

        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.

        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.

    [[Page 112 STAT. 2681-85]]

        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

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

                   General Provisions--Department of Commerce

        Sec. 201. During the current fiscal year, applicable appropriations
    and funds made available to the Department of Commerce by this Act shall
    be available for the activities specified in the Act of October 26, 1949
    (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
    and, notwithstanding 31 U.S.C. 3324, may
    be used for advanced payments not otherwise authorized

    [[Page 112 STAT. 2681-86]]

    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. <<NOTE: 13 USC 23 note.>> 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

    [[Page 112 STAT. 2681-87]]

    for the care and protection of loan collateral or grant property shall
    be absorbed within the total budgetary resources available to such
    Department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be
    treated as a reprogramming of funds under section 605 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

        Sec. 208. The Secretary of Commerce may award contracts for
    hydrographic, geodetic, and photogrammetric surveying and mapping
    services in accordance with title IX of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
        Sec. 209. The Secretary of Commerce may use the Commerce franchise
    fund for expenses and equipment necessary for the maintenance and
    operation of such administrative services as the Secretary determines
    may be performed more advantageously as central services, pursuant to
    section 403 of Public Law 103-356: Provided, That any inventories,
    equipment, and other assets pertaining to the services to be provided by
    such fund, either on hand or on order, less the related liabilities or
    unpaid obligations, and any appropriations made for the purpose of
    providing capital shall be used to capitalize such fund: Provided
    further, That such fund shall be paid in advance from funds available to
    the Department and other Federal agencies for which such centralized
    services are performed, at rates which will return in full all expenses
    of operation, including accrued leave, depreciation of fund plant and
    equipment, amortization of automated data processing (ADP) software and
    systems (either acquired or donated), and an amount necessary to
    maintain a reasonable operating reserve, as determined by the Secretary:
    Provided further, That such fund shall provide services <<NOTE: 31 USC
    501 note.>> 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.

    [[Page 112 STAT. 2681-88]]

        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.
         <<NOTE: Regulations.>> (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

    [[Page 112 STAT. 2681-89]]

    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
    further, 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''.

        <<NOTE: The Judiciary Appropriations Act, 1999.>> TITLE III--THE
    JUDICIARY

                       Supreme Court of the United States

        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

    [[Page 112 STAT. 2681-90]]

    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).

    [[Page 112 STAT. 2681-91]]

                        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

        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

        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),

    [[Page 112 STAT. 2681-92]]

    $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

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

                        General Provisions--The Judiciary

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

        This title may be cited as ``The Judiciary Appropriations Act,
    1999''.

      <<NOTE: Department of State and Related Agencies 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

    [[Page 112 STAT. 2681-93]]

    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 <<NOTE: 8 USC 1351 note.>> 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.

    [[Page 112 STAT. 2681-94]]

        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.

        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.

    [[Page 112 STAT. 2681-95]]

                   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.

    <<NOTE: 22 USC 269a note.>> International Organizations and Conferences

                  contributions to international organizations

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

    [[Page 112 STAT. 2681-96]]

    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.

        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.

    [[Page 112 STAT. 2681-97]]

    International <<NOTE: 22 USC 269a note.>> 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:

        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.

        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)).

    [[Page 112 STAT. 2681-98]]

                                RELATED AGENCIES

                       Arms Control and Disarmament Agency

                     arms control and disarmament activities

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

                        United States Information Agency

                       international information programs

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

        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

    [[Page 112 STAT. 2681-99]]

    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.

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

        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.

        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.

        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

    [[Page 112 STAT. 2681-100]]

    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.

        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)).

        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.

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

                        national endowment for democracy

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

          General Provisions--Department of State and Related Agencies

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

    [[Page 112 STAT. 2681-101]]

    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

    [[Page 112 STAT. 2681-102]]

                ``(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,''.
         <<NOTE: Effective date. 5 USC 5542 note.>> (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. <<NOTE: 28 USC 2669-1.>> 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

    [[Page 112 STAT. 2681-103]]

    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.

    [[Page 112 STAT. 2681-104]]

        (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.

        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

    [[Page 112 STAT. 2681-105]]

    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.

    [[Page 112 STAT. 2681-106]]

                        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

    [[Page 112 STAT. 2681-107]]

    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

        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

        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

    [[Page 112 STAT. 2681-108]]

    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

        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

    [[Page 112 STAT. 2681-109]]

    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 for
    the Johnstown Area Regional Industries Defense Procurement Center to
    establish a Year 2000 challenge grant program to assist small businesses
    that rely heavily on the Federal Government's acquisition system for
    their livelihood, and help provide a solution to the Year 2000 computer
    problem: Provided, That the Administrator is authorized to charge fees
    to cover the cost of publications developed by the Small Business
    Administration, and certain loan servicing activities: Provided further,
    That, notwithstanding 31 U.S.C. 3302, revenues received from all such
    activities shall be credited to this account, to be available for
    carrying out these purposes without further appropriations: Provided
    further, That $82,000,000 shall be available to fund grants for
    performance in fiscal year 1999 or fiscal year 2000 as authorized by
    section 21 of the Small Business Act, as amended.

                           office of inspector general

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

                         business loans program account

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

    [[Page 112 STAT. 2681-110]]

    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.

        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.

        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

        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

    [[Page 112 STAT. 2681-111]]

    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

    [[Page 112 STAT. 2681-112]]

    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.

    [[Page 112 STAT. 2681-113]]

        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

    [[Page 112 STAT. 2681-114]]

    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.

    [[Page 112 STAT. 2681-115]]

        (4) The Secretary of State shall submit a report under this
    subsection not later than 6 months after the date of enactment of this
    Act and not later than March 1 of each year thereafter as long as the
    Government of Haiti has not completed the investigation of the
    extrajudicial and political killings and has not prosecuted those
    implicated for the killings specified in paragraph (1) of subsection
    (a).
        (d) Definition.--In this section, the term ``appropriate
    congressional committees'' means the Committee on International
    Relations and the Committee on Appropriations of the House of
    Representatives and the Committee on Foreign Relations and the Committee
    on Appropriations of the Senate.
        Sec. 617. (a) None of the funds made available in this Act may be
    used to issue or renew a fishing permit or authorization for any fishing
    vessel of the United States greater than 165 feet in registered length
    or of more than 750 gross registered tons, and that has an engine or
    engines capable of producing a total of more than 3,000 shaft
    horsepower--
                (1) as specified in the permit application required under
            part 648.4(a)(5) of title 50, Code of Federal Regulations, part
            648.12 of title 50, Code of Federal Regulations, and the
            authorization required under part 648.80(d)(2) of title 50, Code
            of Federal Regulations, to engage in fishing for Atlantic
            mackerel or herring (or both) under the Magnuson-Stevens Fishery
            Conservation and Management Act (16 U.S.C. 1801 et seq.); or
                (2) that would allow such a vessel to engage in the
            catching, taking, or harvesting of fish in any other fishery
            within the exclusive economic zone of the United States (except
            territories), unless a certificate of documentation had been
            issued for the vessel and endorsed with a fishery endorsement
            that
    was effective on September 25, 1997, and such fishery endorsement was
    not surrendered at any time thereafter.

         (b) Any fishing permit or authorization issued or renewed prior to
    the date of the enactment of this Act for a fishing vessel to which the
    prohibition in subsection (a)(1) applies that would allow such vessel to
    engage in fishing for Atlantic mackerel or herring (or both) during
    fiscal year 1999 shall be null and void, and none of the funds made
    available in this Act may be used to issue a fishing permit or
    authorization that would allow a vessel whose permit or authorization
    was made null and void pursuant to 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''.

    [[Page 112 STAT. 2681-116]]

        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,''.

         <<NOTE: Effective date. 28 USC 118 note.>> (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

    [[Page 112 STAT. 2681-117]]

    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.

        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, the
    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

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

                                Legal Activities

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

                         Federal Bureau of Investigation

        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

    [[Page 112 STAT. 2681-118]]

                ``Violent Crime Reduction Program, 1997'', $300,000.

                     Immigration and Naturalization Service

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

                             DEPARTMENT OF COMMERCE

        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

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

                          DEPARTMENT OF TRANSPORTATION

                             Maritime Administration

        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

    [[Page 112 STAT. 2681-119]]

    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.''.

         <<NOTE: 28 USC 530B note.>> (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.

       <<NOTE: National Whale Conservation Fund Act of 1998. 16 USC 3701
    note. 16 USC 3703 note.>> TITLE IX NATIONAL WHALE CONSERVATION FUND ACT

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

    [[Page 112 STAT. 2681-120]]

            has research and regulatory responsibility for the conservation
            of whales under the Marine Mammal Protection Act of 1972 (16
            U.S.C. 1361 et seq.); and
                (B) the heads of other Federal agencies and the Marine
            Mammal Commission established under section 201 of the Marine
            Mammal Protection Act of 1972 (16 U.S.C. 1401) have related
            research and management activities under the Marine Mammal
            Protection Act of 1972 or the Endangered Species Act of 1973 (16
            U.S.C. 1531 et seq.);
                (8) the funding available for the activities described in
            paragraph (8) is insufficient to support all necessary whale
            conservation and recovery activities; and
                (9) there is a need to facilitate the use of funds from non-
            Federal sources to carry out the conservation of whales.

        Sec. 903. National Whale Conservation Fund. Section 4 of the
    National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended
    by adding at the end the following:
        ``(f)(1) In carrying out the purposes under section 2(b), the
    Foundation may establish a national whale conservation endowment fund,
    to be used by the Foundation to support research, management activities,
    or educational programs that contribute to the protection, conservation,
    or recovery of whale populations in waters of the United States.
        ``(2)(A) In a manner consistent with subsection (c)(1), the
    Foundation may--
                ``(i) accept, receive, solicit, hold, administer, and use
            any gift, devise, or bequest made to the Foundation for the
            express purpose of supporting whale conservation; and
                ``(ii) deposit in the endowment fund under paragraph (1) any
            funds made available to the Foundation under this subparagraph,
            including any income or interest earned from a gift, devise, or
            bequest received by the Foundation under this subparagraph.

        ``(B) To raise funds to be deposited in the endowment fund under
    paragraph (1), the Foundation may enter into appropriate arrangements to
    provide for the design, copyright, production, marketing, or licensing,
    of logos, seals, decals, stamps, or any other item that the Foundation
    determines to be appropriate.
        ``(C)(i) The Secretary of Commerce may transfer to the Foundation
    for deposit in the endowment fund under paragraph (1) any amount (or
    portion thereof) received by the Secretary under section 105(a)(1) of
    the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a
    civil penalty assessed by the Secretary under that section.
        ``(ii) The Directors of the Board shall ensure that any amounts
    transferred to the Foundation under clause (i)
    for the endowment fund under paragraph (1) are deposited in that fund in
    accordance with this subparagraph.

        ``(3) It is the intent of Congress that in making expenditures from
    the endowment fund under paragraph (1) to carry out activities specified
    in that paragraph, the Foundation should give priority to funding
    projects that address the conservation of populations of whales that the
    Foundation determines--
                ``(A) are the most endangered (including the northern right
            whale (Eubaleana glacialis)); or

    [[Page 112 STAT. 2681-121]]

                ``(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:

                                  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.

    [[Page 112 STAT. 2681-122]]

                      Nation's Capital Infrastructure Fund

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

       Environmental Study and Related Activities at Lorton Correctional
                                     Complex

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

        Federal Payment to the District of Columbia Corrections Trustee
                                   Operations

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

               Federal Payment to the District of Columbia Courts

        Notwithstanding any other provision of law, $128,000,000 for payment
    to the Joint Committee on Judicial Administration in the District of
    Columbia; of which not to exceed $121,000,000 shall be for District of
    Columbia Courts operation, to be allocated as follows: for the District
    of Columbia Court of Appeals, $7,839,000 and 96 full-time equivalent
    (FTE) positions; for the District of Columbia Superior Court,
    $72,419,000 and 1,017 FTE's; for the District of Columbia court system,
    $40,742,000 and 120 FTE's; and $7,000,000 shall be for capital
    improvements for District of Columbia courthouse facilities: Provided,
    That of amounts available for District of Columbia Courts operation, not
    to exceed $6,900,000 shall be for the Counsel for Child Abuse and
    Neglect program pursuant to section 1101 of title 11, D.C. Code, and
    section 2304 of title 16, D.C. Code, and of which not to exceed
    $25,036,000

    [[Page 112 STAT. 2681-123]]

    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

    [[Page 112 STAT. 2681-124]]

    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

    [[Page 112 STAT. 2681-125]]

    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,

    [[Page 112 STAT. 2681-126]]

    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,

    [[Page 112 STAT. 2681-127]]

    That the Metropolitan Police Department is authorized to replace not to
    exceed 25 passenger-carrying vehicles and the Department of Fire and
    Emergency Medical Services of the District of Columbia is authorized to
    replace not to exceed five passenger-carrying vehicles annually whenever
    the cost of repair to any damaged vehicle exceeds
    three-fourths of the cost of the replacement: Provided further, That not
    to exceed $500,000 shall be available from this appropriation for the
    Chief of Police for the prevention and detection of crime: Provided
    further, That the Metropolitan Police Department shall provide quarterly
    reports to the Committees on Appropriations of the House and Senate on
    efforts to increase efficiency and improve the professionalism in the
    department: Provided further, That notwithstanding any other provision
    of law, or Mayor's Order 86-45, issued March 18, 1986, the Metropolitan
    Police Department's delegated small purchase authority shall be
    $500,000: Provided further, That the District of Columbia government may
    not require the Metropolitan Police Department to submit to any other
    procurement review process, or to obtain the approval of or be
    restricted in any manner by any official or employee of the District of
    Columbia government, for purchases that do not exceed $500,000: Provided
    further, That the Mayor shall reimburse the District of Columbia
    National Guard for expenses incurred in connection with services that
    are performed in emergencies by the National Guard in a militia status
    and are requested by the Mayor, in amounts that shall be jointly
    determined and 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

    [[Page 112 STAT. 2681-128]]

    since inception in the fiscal year 1985: Provided further, That funds
    appropriated for expenses under the District of Columbia Guardianship,
    Protective Proceedings, and Durable Power of Attorney Act of 1986,
    effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060),
    for the fiscal year ending September 30, 1999, shall be available for
    obligations incurred under the Act in each fiscal year since inception
    in fiscal year 1989.

                             Public Education System

        Public education system, including the development of national
    defense education programs, $788,956,000 (including $640,135,000 from
    local funds, $125,869,000 from Federal funds, and $22,952,000 from other
    funds), to be allocated as follows: $644,805,000 (including $545,000,000
    from local funds, $95,121,000 from Federal
    funds, and $4,684,000 from other funds), for the public schools of the
    District of Columbia; $18,600,000 from local funds for the District of
    Columbia Teachers' Retirement Fund; $27,857,000 (including $12,235,000
    from local funds and $15,622,000 from Federal funds not including funds
    already made available for District of Columbia public schools) for
    public charter schools: Provided, That if the entirety of this
    allocation has not been provided as payments to any public charter
    schools currently in operation through the per pupil funding formula,
    the funds shall be available for new public charter schools on a per
    pupil basis: Provided further, That $480,000 of this amount shall be
    available to the District of Columbia Public Charter School Board for
    administrative costs: Provided further, That the Emergency Transitional
    Education Board of Trustees shall report to Congress not later than
    February 1, 1999, on the implementation of their policy to give
    preference to newly created District of Columbia public charter schools
    for surplus public school property; $72,088,000 (including $40,148,000
    from local funds, $14,079,000 from Federal funds, and $17,861,000 from
    other funds) for the University of the District of Columbia; $23,419,000
    (including $22,326,000 from local funds, $686,000 from Federal funds,
    and $407,000 from other funds) for the Public Library; $2,187,000
    (including $1,826,000 from local funds and $361,000 from Federal funds)
    for the Commission on the Arts and Humanities: Provided further, That
    the public schools of the District of Columbia are authorized to accept
    not to exceed 31 motor vehicles for exclusive use in the driver
    education program: Provided further, That not to exceed $2,500 for the
    Superintendent of Schools, $2,500 for the President of the University of
    the District of Columbia, and $2,000 for the Public Librarian shall be
    available from this appropriation for official purposes: Provided
    further, That $244,078 shall be used to reimburse the National Capital
    Area Council of the Boy Scouts of America for services provided on
    behalf of 12,600 students at 39 public schools in the District of
    Columbia during fiscal year 1998 (including staff, curriculum, and
    support materials): Provided further, That the Inspector General of the
    District of Columbia shall certify not later than 30 days after the date
    of the enactment of this Act whether or not the services were so
    provided: Provided further, That the reimbursement shall be made not
    later than 15 days after the Inspector General certifies that the
    services were provided: Provided further, That none of the funds
    contained in this Act may be made available to pay the salaries of any
    District of Columbia Public School teacher, principal,

    [[Page 112 STAT. 2681-129]]

    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.

    [[Page 112 STAT. 2681-130]]

                         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.

    [[Page 112 STAT. 2681-131]]

                              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.

    [[Page 112 STAT. 2681-132]]

                        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:

    [[Page 112 STAT. 2681-133]]

    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

        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.

    [[Page 112 STAT. 2681-134]]

                               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

    [[Page 112 STAT. 2681-135]]

    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,

    [[Page 112 STAT. 2681-136]]

    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

    [[Page 112 STAT. 2681-137]]

    without opening that contract to the competitive bidding process as set
    forth in section 303 of the District of Columbia Procurement Practices
    Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec.
    1-1183.3), except that the District of Columbia government or any agency
    thereof may renew or extend sole source contracts for which competition
    is not feasible or practical: Provided, That the determination as to
    whether to invoke the competitive bidding process has been made in
    accordance with duly promulgated rules and procedures and said
    determination has been reviewed and
    approved by the District of Columbia Financial Responsibility and
    Management Assistance Authority.

        Sec. 124. For purposes of the Balanced Budget and Emergency Deficit
    Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public
    Law 99-177), as amended, the term ``program, project, and activity''
    shall be synonymous with and refer specifically to each account
    appropriating Federal funds in this Act, and any sequestration order
    shall be applied to each of the accounts rather than to the aggregate
    total of those accounts: Provided, That sequestration orders shall not
    be applied to any account that is specifically exempted from
    sequestration by the Balanced Budget and Emergency Deficit Control Act
    of 1985.
        Sec. 125. In the event a sequestration order is issued pursuant to
    the Balanced Budget and Emergency Deficit Control Act of 1985, approved
    December 12, 1985 (99 Stat. 1037: Public Law 99-177), as amended, after
    the amounts appropriated to the District of Columbia for the fiscal year
    involved have been paid to the District of Columbia, the Mayor of the
    District of Columbia shall pay to the Secretary of the Treasury, within
    15 days after receipt of a request therefor from the Secretary of the
    Treasury, such amounts as are sequestered by the order: Provided, That
    the sequestration percentage specified in the order shall be applied
    proportionately to each of the Federal appropriation accounts in this
    Act that are not specifically exempted from sequestration by the
    Balanced Budget and Emergency Deficit Control Act of 1985.
        Sec. 126. (a) An entity of the District of Columbia government may
    accept and use a gift or donation during fiscal year 1999 if--
                (1) the Mayor approves the acceptance and use of the gift or
            donation: Provided, That the Council of the District of Columbia
            may accept and use gifts without prior approval by the Mayor;
            and
                (2) the entity uses the gift or donation to carry out its
            authorized functions or duties.

        (b) Each entity of the District of Columbia government shall keep
    accurate and detailed records of the acceptance and use of any gift or
    donation under subsection (a) of this section, and shall make such
    records available for audit and public inspection.
        (c) For the purposes of this section, the term ``entity of the
    District of Columbia government'' includes an independent agency of the
    District of Columbia.
        (d) This section shall not apply to the District of Columbia Board
    of Education, which may, pursuant to the laws and regulations of the
    District of Columbia, accept and use gifts to the public schools without
    prior approval by the Mayor.
        Sec. 127. None of the Federal funds provided in this Act may be used
    by the District of Columbia to provide for salaries, expenses, or other
    costs associated with the offices of United States Senator

    [[Page 112 STAT. 2681-138]]

    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--

    [[Page 112 STAT. 2681-139]]

                (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. <<NOTE: Abortion.>> None of the funds appropriated under
    this Act shall be expended for any abortion except where the life of the
    mother would be endangered if the fetus were carried to term or where
    the pregnancy is the result of an act of rape or incest.

        Sec. 132. U.S. Army Corps of Engineers Services to District of
    Columbia Public Schools. In using funds made available under this Act or
    any other Act for the repair and improvement of the District of
    Columbia's public school facilities, any entity of the District of
    Columbia government, including the District of Columbia Financial
    Responsibility and Management Assistance Authority, or its designee, may
    place orders for engineering and construction and related services with
    the Chief of Engineers of the U.S. Army Corps of Engineers. The
    Chief of Engineers may accept such orders on a reimbursable basis and
    may provide any part of such services by contract. In providing such
    services, the Chief of Engineers shall follow the Federal Acquisition
    Regulations and the implementing Department of Defense regulations. This
    section shall apply to fiscal year 1999 and each fiscal year thereafter.

        Sec. 133. None of the funds made available in this Act may be used
    to implement or enforce the Health Care Benefits Expansion Act of 1992
    (D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
    implement or enforce any system of registration of unmarried, cohabiting
    couples (whether homosexual, heterosexual, or lesbian), including but
    not limited to registration for the purpose of extending employment,
    health, or governmental benefits to such couples on the same basis that
    such benefits are extended to legally married couples.
        Sec. 134. The Emergency Transitional Education Board of Trustees
    shall submit to the Congress, the Mayor, the District of Columbia
    Financial Responsibility and Management Assistance Authority, and the
    Council of the District of Columbia no later than 15 calendar days after
    the end of each month a report that sets forth--
                (1) current month expenditures and obligations, year-to-date
            expenditures and obligations, and total fiscal year expenditure
            projections versus budget, broken out on the basis of control
            center, responsibility center, agency reporting code, and object
            class, and for all funds, including capital financing;
                (2) a list of each account for which spending is frozen and
            the amount of funds frozen, broken out by control center,
            responsibility center, detailed object, and agency reporting
            code, and for all funding sources;
                (3) a list of all active contracts in excess of $10,000
            annually, which contains the name of each contractor; the budget
            to which the contract is charged, broken out on the basis of
            control center, responsibility center, and agency reporting
            code; and contract identifying codes used by the District

    [[Page 112 STAT. 2681-140]]

            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

    [[Page 112 STAT. 2681-141]]

    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.

    [[Page 112 STAT. 2681-142]]

                (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.''.

    [[Page 112 STAT. 2681-143]]

        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

    [[Page 112 STAT. 2681-144]]

    Columbia, and the donation shall not be subject to any Federal, State,
    or local income or gift tax.
        (3) The Chief Financial Officer of the District of Columbia shall
    submit, by November 15, 1998, an inventory, as of September 30, 1998, of
    all vehicles owned, leased or operated by the District of Columbia
    government. The inventory shall include, but not be limited to, the
    department to which the vehicle is assigned; the year and make of the
    vehicle; the acquisition date and cost; the general condition of the
    vehicle; annual operating and maintenance costs; current mileage; and
    whether the vehicle is allowed to be taken home by a District officer or
    employee and if so, the officer or employee's title and resident
    location.
        Sec. 144. (a) Source of Payment for Employees Detailed Within
    Government.--For purposes of determining the amount of funds expended by
    any entity within the District of Columbia government during fiscal year
    1999 and each succeeding fiscal year, any expenditures of the District
    government attributable to any officer or employee of the District
    government who provides services which are within the authority and
    jurisdiction of the entity (including any portion of the compensation
    paid to the officer or employee attributable to the time spent in
    providing such services) shall be treated as expenditures made from the
    entity's budget, without regard to whether the officer or employee is
    assigned to the entity or otherwise treated as an officer or employee of
    the entity.
        (b) Modification of Reduction in Force Procedures.--The District of
    Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
    Code, sec. 1-601.1 et seq.), as amended, is further amended in section
    2408(a) by deleting ``1998'' and inserting, ``1999''; in subsection (b),
    by deleting ``1998'' and inserting, ``1999''; in subsection (i), by
    deleting ``1998'' and inserting, ``1999''; and in subsection (k), by
    deleting ``1998'' and inserting, ``1999''.
        Sec. 145. Assessment and Placement of Special Education Students.
    Notwithstanding any other provision of law, not later than 120 days
    after the date that a District of Columbia Public Schools [DCPS] student
    is referred for evaluation or assessment--
                (1) the District of Columbia Board of Education (referred to
            in this section as the ``Board''),
    or its successor and DCPS shall assess or evaluate a student who may
    have a disability and who may require special education services; and
                (2) if a student is classified as having a disability, as
            defined in section 101(a)(1) of the Individuals with
            Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
            or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
            359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
            student in an appropriate program of special education services.

        Sec. 146. (a) Compliance With Buy American Act.--None of the funds
    made available in this Act may be expended by an entity unless the
    entity agrees that in expending the funds the entity will comply with
    the Buy American Act (41 U.S.C. 10a-10c).
        (b) Sense of the Congress; Requirement Regarding Notice.--
                (1) Purchase of american-made equipment and products.--In
            the case of any equipment or product that may be authorized to
            be purchased with financial assistance provided using funds made
            available in this Act, it is the sense

    [[Page 112 STAT. 2681-145]]

            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. <<NOTE: 36 USC 151106 note.>> 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.

    [[Page 112 STAT. 2681-146]]

        Sec. 152. The District of Columbia Financial Responsibility and
    Management Assistance Authority (hereafter in this section referred to
    as ``Authority'') shall report to the Appropriations Committees of the
    Senate and House of Representatives, the Committee on Governmental
    Affairs of the Senate, and the Committee on Government Reform and
    Oversight of the House of Representatives, by February 15, 1999, on the
    status of all partnerships or agreements entered into from January 1,
    1994 through September 30, 1998, between the District of Columbia
    government and any nonprofit organization that
    provides medical care, substance abuse treatment, low income housing,
    food and shelter services, abstinance programs, or educational services
    to children, adults and families residing in the District. For those
    partnerships or agreements that have been terminated, the Authority
    shall report to Congress on the plans by the District government for
    reinitiating the partnerships or agreements with the respective
    nonprofit organization.

        Sec. 153. The Residency Requirement Reinstatement Amendment Act of
    1998 (D.C. Act 12-340) is hereby repealed.
        Sec. 154. None of the funds contained in this Act may be used after
    April 1, 1999, to transfer or confine inmates classified above the
    medium security level, as defined by the Federal Bureau of Prisons
    classification instrument, to the Northeast Ohio Correctional Center
    located in Youngstown, Ohio.
        Sec. 155. Reserve.--The District of Columbia Financial
    Responsibility and Management Assistance Act of 1995, Public Law 104-8,
    sec. 202 is amended to include the following:
        ``(i) Reserve.--Beginning with fiscal year 2000, the plan or budget
    submitted pursuant to this Act shall contain $150,000,000 for a reserve
    to be established by the Chief Financial Officer for the District of
    Columbia and the District of Columbia Financial Responsibility and
    Management Assistance Authority: Provided, That the reserve shall only
    be expended according to criteria established by the Chief Financial
    Officer and approved by the District of Columbia Financial
    Responsibility and Management Assistance Authority.''.
        Sec. 156. Library Fundraising Authority.--D.C. Code Section 37-105
    is amended by striking the word ``and'' after section (11) and striking
    the period after section (12) and adding the following phrase:
        ``, (13) Notwithstanding any other provision of law, the Board of
    Trustees of the District of Columbia Public Library is authorized to
    hire a fundraiser and to raise funds from private sources and expend
    those funds for the benefit of the District of Columbia Public Library,
    with the prior review and approval of the Chief Financial Officer for
    the District of Columbia and the District of Columbia Financial
    Responsibility and Management Assistance Authority.''.
        Sec. 157. District of Columbia Adoption Improvement Act of 1998. (a)
    Short Title.--This section may be cited as the ``District of Columbia
    Adoption Improvement Act of 1998''.
        (b) Database.--The District of Columbia Child and Family Services
    Agency (referred to as ``CFSA'') shall maintain an accurate database
    listing and tracking any child found by the Family Division of the
    District of Columbia Superior Court to be abused or neglected and who is
    in the custody of the District of Columbia, including any child with the
    goal of adoption or legally free for adoption.

    [[Page 112 STAT. 2681-147]]

        (c) Contracting With Private Service Providers.--
                (1) Private contracts.--Not later than September 30, 1999,
            CFSA shall enter into contracts with private service providers
            to perform some of the adoption recruitment and placement
            functions of CFSA, which may include recruitment, homestudy, and
            placement services.
                (2) Competitive bidding.--Any contract entered into pursuant
            to paragraph (1) shall be subject to a competitive bidding
            process when required by CFSA contracting policies and
            procedures.
                (3) Performance-based compensation.--
                        (A) In general.--Any contract entered into pursuant
                    to paragraph (1) shall compensate the winning bidder
                    pursuant to paragraph (2) upon completion of contract
                    deliverables.
                        (B) Contract deliverables.--In identifying contract
                    deliverables, CFSA shall consider--
                              (i) in the case of recruitment, receipt of a
                          list of potential adoptive families;
                              (ii) in the case of homestudies, receipt of a
                          completed homestudy in a form specified in advance
                          by CFSA; or
                              (iii) in the case of placements, the child is
                          placed in an adoptive home approved by CFSA or the
                          adoption is finalized.
                (4) Types of contracts.--Nothing in this section shall be
            construed to prevent CFSA from entering into contracts that
            provide for multiple deliverables or conditions for partial
            payment.
                (5) Removal of barriers to adoption.--CFSA shall meet with
            contractors to address issues identified during the term of a
            contract entered into pursuant to this section, including issues
            related to barriers to timely adoptions.

        Sec. 158. Clarification of Responsibility for Adult Offender
    Supervision in the District of Columbia. (a) Section 11233(b)(2) of the
    National Capital Revitalization and Self-Government Improvement Act of
    1997 (Public Law 105-33) is amended by--
                (1) striking ``; and'' in subparagraph (F) and inserting
            ``;'';
                (2) striking ``Columbia.'' in subparagraph (G) and inserting
            ``Columbia; and''; and
                (3) inserting after subparagraph (G) the following:
                        ``(H) carry out all functions which have heretofore
                    been carried out by the Social Services Division of the
                    Superior Court relating to supervision of adults subject
                    to protection orders or provision of services for or
                    related to such persons.''.

        (b) Section 11-1722 of the District of Columbia Code is amended--
                (1) in subsection (a)--
                        (A) by inserting ``juvenile'' after ``all'' in the
                    first sentence; and
                        (B) by amending the second sentence to read as
                    follows: ``The Director shall have no jurisdiction over
                    any adult under supervision.'';
                (2) in subsection (b), inserting ``including the agency
            established by section 11233(a) of the National Capital
            Revitalization

    [[Page 112 STAT. 2681-148]]

            and Self-Government Improvement Act of 1997,'' after
            ``Columbia,''; and
                (3) in subsection (c), by inserting ``juvenile'' after
            ``of''.

        Sec. 159. Public Law 104-8 is amended by adding new section 109 as
    follows:

    ``SEC. 109. CHIEF MANAGEMENT OFFICER.

        ``(a) The Authority may employ a Chief Management Officer of the
    District of Columbia, who shall be appointed by the Chair with the
    consent of the Authority. The Chief Management Officer shall assist the
    Authority in the fulfillment of its responsibilities under the District
    of Columbia Management Reform Act of 1997, subtitle B of the National
    Capital Revitalization and Self-Government Improvement Act of 1997,
    title XI of Public Law 105-33, to improve the effectiveness and
    efficiency of the District of Columbia Government. The Authority may
    delegate to the Chief Management Officer responsibility for oversight
    and supervision of departments and functions of the District of Columbia
    Government, or successor departments and functions, consistent with the
    District of Columbia Management Reform Act of 1997, subtitle B of the
    National Capital Revitalization and Self-Government Improvement Act of
    1997, title XI of Public Law 105-33. The Chief Management Officer shall
    report directly to the
    Authority, through the Chair of the Authority, and shall be directed in
    his or her performance by a majority of the Authority. The Chief
    Management Officer shall be paid at an annual rate determined by the
    Authority sufficient in the judgment of the Authority to obtain the
    services of an individual with the skills and experience required to
    discharge the duties of the office.

        ``(b) Employment Contract.--Notwithstanding any other provision of
    law, the employment agreement entered into as of January 15, 1998,
    between the Chief Management Officer and the District of Columbia
    Financial Responsibility and Management Assistance Authority shall be
    valid in all respects.''.
        Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is amended to
    read as follows--
        ``(A) Audit the financial statement and report described in
    paragraph (3)(H) for a fiscal year, except that the financial statement
    and report may not be audited by the same auditor (or an auditor
    employed by or affiliated with the same auditor) for more than 5
    consecutive fiscal years; and''.
        Sec. 161. Deficit Reduction and Revitalization.--Notwithstanding any
    other provision of law or this Act, funds allocated to management reform
    by the District of Columbia Financial Responsibility and Management
    Assistance Authority under this heading in Public Law 105-100 (111 Stat.
    2159), as contained in the Authority's notification of June 24, 1998,
    shall remain available for management reform until September 30, 1999:
    Provided, That said funds shall not exceed $3,200,000.
        Sec. 162. Prompt Payments. (a) Section 3901 of title 31, United
    States Code is amended by adding at the end the following new subsection
    (d):
        ``(d)(1) Notwithstanding subsection (a)(1) of this section, this
    chapter, except section 3907 of this title, applies to the District of
    Columbia Courts.
        ``(2) A claim for an interest penalty not paid under this chapter
    may be filed in the same manner as claims are filed with respect

    [[Page 112 STAT. 2681-149]]

    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

    [[Page 112 STAT. 2681-150]]

    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:

                    TITLE I--EXPORT AND INVESTMENT ASSISTANCE

        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

    [[Page 112 STAT. 2681-151]]

    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.

        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.

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs (to be computed on an accrual basis),
    including hire of passenger motor vehicles and services as authorized by
    5 U.S.C. 3109, and not to exceed $22,500 for official reception and
    representation expenses for members of the Board of Directors,
    $50,000,000: Provided, That necessary expenses (including special
    services performed on a contract or fee
    basis, but not including other personal services) in connection with the
    collection of moneys owed the Export-Import Bank, repossession or sale
    of pledged collateral or other assets acquired by the Export-Import Bank
    in satisfaction of moneys owed the Export-Import Bank, or the
    investigation or appraisal of any property, or the evaluation of the
    legal or technical aspects of any transaction for which an application
    for a loan, guarantee or insurance commitment has been made, shall be
    considered nonadministrative expenses for the purposes of this heading:
    Provided <<NOTE: 12 USC 635a note. overseas private investment
    corporation noncredit account>> 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.

    [[Page 112 STAT. 2681-152]]

        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.

        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

        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

    [[Page 112 STAT. 2681-153]]

    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 of
    1961, and for other purposes, to remain available until September 30,
              1999, unless otherwise specified herein, as follows:

        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.

        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

    [[Page 112 STAT. 2681-154]]

    to
    practice abortions; and that in order to reduce reliance on abortion in
    developing nations, funds shall be available only to voluntary family
    planning projects which offer, either directly or through referral to,
    or information about access to, a broad range of family planning methods
    and services, and that any such voluntary family planning project shall
    meet the following requirements: (1) service providers 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 appropriated
    under this heading,

    [[Page 112 STAT. 2681-155]]

    $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.

        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.

        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.

    [[Page 112 STAT. 2681-156]]

        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.

        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.

        None of <<NOTE: 22 USC 2151u note.>> 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 <<NOTE: 22 USC 2151u and note.>> 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.

    [[Page 112 STAT. 2681-157]]

        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.

        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.

        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) <<NOTE: 22 USC 2183<plus-minus><plus-minus>. payment to the
    foreign service retirement and disability fund>> of the Foreign
    Assistance Act of 1961, and the third and fourth sentences of section
                        223(j) of such Act are repealed.

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

        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

    [[Page 112 STAT. 2681-158]]

    or studies) in excess of $25,000 without the approval of the
          Administrator of the Agency or the Administrator's designee.

        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

        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.

        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.

        (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.

    [[Page 112 STAT. 2681-159]]

        (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.

        (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.

    [[Page 112 STAT. 2681-160]]

        (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;

    [[Page 112 STAT. 2681-161]]

                (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

        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

        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

    [[Page 112 STAT. 2681-162]]

    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.

        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.

        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.

        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

    [[Page 112 STAT. 2681-163]]

    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

        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

    [[Page 112 STAT. 2681-164]]

    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.

        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.

          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

        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

    [[Page 112 STAT. 2681-165]]

    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.

        For expenses necessary for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $3,330,000,000: Provided, That of the funds appropriated under this
    heading, not less than $1,860,000,000 shall be available for grants only
    for Israel, and not less than $1,300,000,000 shall be made available for
    grants only for Egypt: Provided further, That the funds appropriated by
    this paragraph for Israel shall be disbursed within thirty days of
    enactment of this Act or by October 31, 1998, whichever is later:
    Provided further, That to the extent that the Government of Israel
    requests that funds be used for such purposes, grants made available for
    Israel by this paragraph shall, as agreed by Israel and the United
    States, be available for advanced weapons systems, of which not less
    than $490,000,000 shall be available for the procurement in Israel of
    defense articles and defense services, including research and
    development: Provided further, That of the funds appropriated by this
    paragraph, not less than $45,000,000 should be available for assistance
    for Jordan: Provided further, That during fiscal year 1999 the President
    is authorized to, and shall, direct drawdowns of defense articles from
    the stocks of the Department of Defense, defense services of the
    Department of Defense, and military education and training of an
    aggregate value of not less than $25,000,000 under the authority of this
    proviso for Jordan for the purposes of part II of the Foreign Assistance
    Act of 1961: Provided further, That section 506(c) of the Foreign
    Assistance Act of 1961 shall apply, and section 632(d) of the Foreign
    Assistance Act of 1961 shall not apply, to any such drawdown: Provided
    further, That none of the funds made available under this heading shall
    be available for any non-NATO country participating in the Partnership
    for Peace Program except through the regular notification procedures of
    the Committees on Appropriations: Provided further, That of the funds
    appropriated by this paragraph, not less than $7,000,000 shall be made
    available for assistance for Tunisia: Provided further, That during
    fiscal year 1999, the President is authorized to, and shall, direct the
    drawdowns of defense articles from the stocks of the Department of
    Defense, defense services of the Department of Defense, and

    [[Page 112 STAT. 2681-166]]

    military education and training of an aggregate value of not less than
    $5,000,000 under the authority of this proviso for Tunisia for the
    purposes of part II of the Foreign Assistance Act of 1961 and any amount
    so directed shall count toward meeting the earmark in the previous
    proviso: Provided further, That section 506(c) of the Foreign Assistance
    Act of 1961 shall apply and section 632(d) of the Foreign Assistance Act
    of 1961 shall not apply to any such drawdown: Provided further, That
    funds appropriated by this paragraph shall be nonrepayable
    notwithstanding any requirement in section 23 of the Arms Export Control
    Act: Provided further, That funds made available under this heading
    shall be obligated upon apportionment in accordance with paragraph
    (5)(C) of title 31, United States Code, section 1501(a).

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of direct loans authorized by section 23 of the Arms Export
    Control Act as follows: cost of direct loans, $20,000,000: Provided,
    That these funds are available to subsidize gross obligations for the
    principal amount of direct loans of not to exceed $167,000,000.
        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds: Provided,
    That all country and funding level increases in allocations shall be
    submitted through the regular notification procedures of section 515 of
    this Act: Provided further, That none of the funds appropriated under
    this heading shall be available for assistance for Sudan and Liberia:
    Provided further, That funds made available under this heading may be
    used, notwithstanding any other provision of law, for demining, the
    clearance of unexploded ordnance, and related activities, and may
    include activities implemented through nongovernmental and international
    organizations: Provided further, That none of the funds under this
    heading shall be available for assistance for Guatemala: Provided
    further, That only those countries for which assistance was justified
    for the ``Foreign Military Sales Financing Program'' in the fiscal year
    1989 congressional presentation for security assistance programs may
    utilize funds made available under this heading for procurement of
    defense articles, defense services or design and construction services
    that are not sold by the United States Government under the Arms Export
    Control Act: Provided further, That, subject to the regular notification
    procedures of the Committees on Appropriations, funds made available
    under this heading for the cost of direct loans may also be used to
    supplement the funds available under this heading for grants, and funds
    made available under this heading for grants may also be used to
    supplement the funds available under this heading for the cost of direct
    loans: Provided further, That funds appropriated under this heading
    shall be expended at the minimum rate necessary to make timely payment
    for defense articles and services: Provided further, That not more than
    $29,910,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military

    [[Page 112 STAT. 2681-167]]

    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.

        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

        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.

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

    [[Page 112 STAT. 2681-168]]

        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.

        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.

        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.

        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.

        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.

        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.

        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.

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

    [[Page 112 STAT. 2681-169]]

        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.

        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

        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.

        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.

    [[Page 112 STAT. 2681-170]]

        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.

        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.

        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.

        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.

        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

    [[Page 112 STAT. 2681-171]]

    include direct loans, credits, insurance and guarantees of the Export-
                           Import Bank or its agents.

        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.

        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.

        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.

        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

    [[Page 112 STAT. 2681-172]]

    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.

        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.

        Sec. 513. (a) None of the funds appropriated or made available
    pursuant to this Act for direct assistance and none of the funds
    otherwise made available pursuant
    to this Act to the Export-Import Bank and the Overseas Private
    Investment Corporation shall be obligated or expended to finance any
    loan, any assistance or any other financial commitments for establishing
    or expanding production of any commodity for export by any country other
    than the United States, if the commodity is likely to be in surplus on
    world markets at the time the resulting productive capacity is expected
    to become operative and if the assistance will cause substantial injury
    to United States producers of the same, similar, or competing commodity:
    Provided, That such prohibition shall not apply to the Export-Import
    Bank if in the judgment of its Board of Directors the benefits to
    industry and employment in the United States are likely to outweigh the
    injury to United States producers of the same, similar, or competing
    commodity, and the Chairman of the Board so notifies the Committees on
    Appropriations.

        (b) None of the funds appropriated by this or any other Act to carry
    out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
    available for any testing or breeding feasibility study, variety
    improvement or introduction, consultancy, publication, conference, or
    training in connection with the growth or production in a foreign
    country of an agricultural commodity for export which would compete with
    a similar commodity grown or produced in the United States: Provided,
    That this subsection shall not prohibit--

    [[Page 112 STAT. 2681-173]]

                (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.

        Sec. 514. <<NOTE: 22 USC 262h.>> (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.

        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

    [[Page 112 STAT. 2681-174]]

    previously justified to Congress or 20 percent in excess of the
    quantities justified to Congress unless the Committees on Appropriations
    are notified 15 days in advance of such commitment: Provided further,
    That this section shall not apply to any reprogramming for an activity,
    program, or project under chapter 1 of part I of the Foreign Assistance
    Act of 1961 of less than 10 percent of the amount previously justified
    to the Congress for obligation for such activity, program, or project
    for the current fiscal year: Provided further, That the requirements of
    this section or any similar provision of this Act or any other Act,
    including any prior Act requiring notification in accordance with the
    regular notification procedures of the Committees on Appropriations, may
    be waived if failure to do so would
    pose a substantial risk to human health or welfare: Provided further,
    That in case of any such waiver, notification to the Congress, or the
    appropriate congressional committees, shall be provided as early as
    practicable, but in no event later than three days after taking the
    action to which such notification requirement was applicable, in the
    context of the circumstances necessitating such waiver: Provided
    further, That any notification provided pursuant to such a waiver shall
    contain an explanation of the emergency circumstances.

        (b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
    Assistance Act of 1961 shall be subject to the regular notification
                 procedures of the Committees on Appropriations.

        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 <<NOTE: 22 USC 2227. new independent states of the former
    soviet union>> 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''.

        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) <<NOTE: 22 USC 5814 note.>>  None of the funds appropriated
    under the heading ``Assistance for the New Independent States of the
    Former Soviet Union''

    [[Page 112 STAT. 2681-175]]

    shall be made available for assistance for a Government of the New
    Independent States of
    the former Soviet Union if that government directs any action in
    violation of the territorial integrity or national sovereignty of any
    other new independent 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.

    [[Page 112 STAT. 2681-176]]

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

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

        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.

        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.

    [[Page 112 STAT. 2681-177]]

        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.

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

        Sec. 524. Section 61(a) of the Arms Export Control Act is
    amended <<NOTE: 22 USC 2796. NOTIFICATION ON EXCESS DEFENSE
    EQUIPMENT>> by striking out ``1998'' and inserting in lieu thereof ``the
                             current fiscal year''.

        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.

    [[Page 112 STAT. 2681-178]]

        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.

        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.

        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. <<NOTE: Federal Register,
    publication. COMMERCIAL LEASING OF DEFENSE ARTICLES>> 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.

        Sec. 529. <<NOTE: 22 USC 2763 note. COMPETITIVE
    INSURANCE>> 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.

    [[Page 112 STAT. 2681-179]]

        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.

        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.

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

        Sec. 533. <<NOTE: 22 USC 2362 note.>> (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

    [[Page 112 STAT. 2681-180]]

                        (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 <<NOTE: 22 USC 2346,
    2359.>>  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.

    [[Page 112 STAT. 2681-181]]

        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.

        Sec. <<NOTE: 50 USC 1701 note.>> 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.

        Sec. 536. <<NOTE: 22 USC 2762 note. authorities for the peace corps,
    the inter-american foundation, the african development foundation and
    the international fund for agricultural development>> 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.

        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

    [[Page 112 STAT. 2681-182]]

     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.

        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.

        Sec. 539. <<NOTE: 50 USC 1701 note.>> (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;

    [[Page 112 STAT. 2681-183]]

                (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.

        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.

        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;

    [[Page 112 STAT. 2681-184]]

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

        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.

        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

    [[Page 112 STAT. 2681-185]]

    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.

        Sec. 544. (a) Funds appropriated by this Act which are earmarked may
    be reprogrammed for other programs
    within the same account notwithstanding the earmark if compliance with
    the earmark is made impossible by operation of any provision of this or
    any other Act or, with respect to a country with which the United States
    has an agreement providing the United States with base rights or base
    access in that country, if the President determines that the recipient
    for which funds are earmarked has significantly reduced its military or
    economic cooperation with the United States since enactment of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1991; however, before exercising the authority of
    this subsection with regard to a base rights or base access country
    which has significantly reduced its military or economic cooperation
    with the United States, the President shall consult with, and shall
    provide a written policy justification to the Committees on
    Appropriations: Provided, That any such reprogramming shall be subject
    to the regular notification procedures of the Committees on
    Appropriations: Provided further, That assistance that is reprogrammed
    pursuant to this subsection shall be made available under the same terms
    and conditions as originally provided.

        (b) In addition to the authority contained in subsection (a), the
    original period of availability of funds appropriated by this Act and
    administered by the Agency for International Development that are
    earmarked for particular programs or activities by this or any other Act
    shall be extended for an additional fiscal year if the Administrator of
    such agency determines and reports promptly to the Committees on
    Appropriations that the termination of assistance to a country or a
    significant change in circumstances makes it unlikely that such
    earmarked funds can be obligated during the original period of
    availability: Provided, That such

    [[Page 112 STAT. 2681-186]]

    earmarked funds that are continued available for an additional fiscal
          year shall be obligated only for the purpose of such earmark.

        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.

        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.

        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.

        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.

        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.

        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.

    [[Page 112 STAT. 2681-187]]

        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.

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

        (b) Definition.--For purposes of this section, the term
    ``appropriate congressional committees'' means the Committee on Foreign
    Relations and the Committee on Appropriations of the Senate and the
    Committee on International Relations and the Committee on Appropriations
                        of the House of Representatives.

        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

    [[Page 112 STAT. 2681-188]]

    appropriated by this Act may not be obligated for assistance for the
          Palestine Liberation Organization for the West Bank and Gaza.

        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 <<NOTE: 22 USC 2656 note.>> date of enactment of this Act, and every
    one hundred eighty days thereafter, the Secretary of State shall submit
    a report to the Committees on Appropriations describing the steps the
    United States Government is taking to collect information regarding
    allegations of genocide or other violations of international law in the
    former Yugoslavia and to furnish that information to the United Nations
    War Crimes Tribunal for the former Yugoslavia: Provided further, That
    the drawdown made under this section for any
    tribunal shall not be construed as an endorsement or precedent for the
    establishment of any standing or permanent international criminal
    tribunal or court: Provided further, That funds made available for
    tribunals or commissions other than for Yugoslavia or Rwanda shall be
    made available subject to the regular notification procedures of the
                          Committees on Appropriations.

        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.

        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

    [[Page 112 STAT. 2681-189]]

    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.

        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.

        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.

        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.

    [[Page 112 STAT. 2681-190]]

                (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.

        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.

    [[Page 112 STAT. 2681-191]]

                (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 ''.

        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

    [[Page 112 STAT. 2681-192]]

            cooperating with United States authorities and with United
            States-funded technical advisors to the Haitian National Police
            in such investigations;
                (4) has taken action to remove from the Haitian National
            Police, national palace and residential guard, ministerial
            guard, and any other public security entity or unit of Haiti
            those individuals who are credibly alleged to have engaged in or
            conspired to conceal gross violations of internationally
            recognized human rights or credibly alleged to have engaged in
            or conspired to engage in narcotics trafficking; and
                (5) has ratified or is implementing the maritime counter-
            narcotics agreements signed in October 1997.

        (b) Availability of Electoral Assistance.--The limitation in
    subsection (a) shall not apply to funds appropriated by this Act that
    are made available to support elections in Haiti if the President
    reports to the Congress that the central Government of Haiti:
                (1) has achieved a transparent settlement of the contested
            April 1997 elections; and
                (2) has made concrete progress on the constitution of a
            credible and competent provisional electoral
    council that is acceptable to a broad spectrum of political parties and
    civic groups.

        (c) Exceptions.--The limitations in subsections (a) and (b) shall
    not apply to the provision of--
                (1) counter-narcotics assistance, support for the Haitian
            National Police's Special Investigations Unit and anti-
            corruption programs, the International Criminal Investigative
            Assistance Program, and assistance in support of Haitian customs
            and maritime officials;
                (2) food assistance management and support;
                (3) assistance for urgent humanitarian needs, such as
            medical and other supplies and services in support of community
            health services, schools, and orphanages; and
                (4) not more than $3,000,000 for the development and support
            of political parties and civic groups.

        (d) Waiver.--At any time after 150 days from the date of enactment
    of this Act, the Secretary of State may waive the requirements contained
    in subsection (a)(1) if she reports to the Committees specified in
    subsection (a) that the Government of Haiti has satisfied the
    requirements of subsection (a)(1) with regard to one major public entity
    and has satisfied the remaining requirements of subsection (a).
        (e) Reports.--The Secretary of State shall provide to the Committees
    specified in subsection (a) on a quarterly basis--
                (1) in consultation with the Secretary of Defense and the
            Administrator of the Drug Enforcement Administration, a report
            on the status and number of United States personnel deployed in
            and around Haiti on Department of Defense, Drug Enforcement
            Administration, and United Nations missions, including displays
            by functional or operational assignment for such personnel and
            the cost to the United States of these operations; and
                (2) the monthly reports, prepared during the previous
            quarter, of the Organization of American States/United Nations
            International Civilian Mission to Haiti (MICIVIH).

    [[Page 112 STAT. 2681-193]]

        (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.

        Sec. 562. <<NOTE: 22 USC 2414a note.>> (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)).

        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

    [[Page 112 STAT. 2681-194]]

                (2) a corporation, partnership, or other legal entity
            organized under the United States or any State, territory,
                      possession, or district of the United States.

        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.

        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.

        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.

        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.

        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

    [[Page 112 STAT. 2681-195]]

    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.

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

        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.--

    [[Page 112 STAT. 2681-196]]

                (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.
                 <<NOTE: Federal Register, publication.>> (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.

    [[Page 112 STAT. 2681-197]]

        (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).

    [[Page 112 STAT. 2681-198]]

        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.''.

        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.

        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.

        Sec. 574. (a) Withholding of Assistance.--Except as provided in
    subsection (b), whenever the President determines and

    [[Page 112 STAT. 2681-199]]

    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.

        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.

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

    [[Page 112 STAT. 2681-200]]

        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.

        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.

        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.

        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.

        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

    [[Page 112 STAT. 2681-201]]

    Relations Committees of the Senate and the Appropriations and
       International Relations Committees of the House of Representatives.

          Sec. 582. (a) of the funds made available under the heading
    ``Nonproliferation, Anti-terrorism, Demining and Related Programs'', not
    to exceed $35,000,000 may be made available for the Korean Peninsula
    Energy Development Organization (hereafter referred to in this section
    as ``KEDO''), notwithstanding any other provision of law, only for the
    administrative expenses and heavy fuel oil costs associated with the
    Agreed Framework: Provided, that none of these funds may be made
    available until March 1, 1999.
          (b) Of the funds made available for KEDO, up to $15,000,000 may be
    made available prior to June 1, 1999, if, thirty days prior to such
    obligation of funds, the President certifies and so reports to Congress
    that--
                (1)(A) the parties to the Agreed Framework have taken and
            continue to take demonstrable steps to assure that progress is
            made on the implementation of the January 1, 1992, Joint
            Declaration on the Denuclearization of the Korean Peninsula in
            which the government of North Korea has committed not to test,
            manufacture, produce, receive, possess, store, deploy or use
            nuclear weapons;
                (B) the parties to the Agreed Framework have taken and
            continue to take demonstrable steps to assure that progress is
            made on the implementation of the North-South dialogue; and
                (C) North Korea is complying with all provisions of the
            Agreed Framework and with the Confidential Minute between North
            Korea and the United States;
                (2) North Korea is cooperating fully in the canning and safe
            storage of all spent fuel from its graphite-moderated nuclear
            reactors;
                (3) North Korea has not significantly diverted assistance
            provided by the United States for purposes for which it was not
            intended; and
                (4) the United States is fully engaged in efforts to impede
            North Korea's development and export of ballistic missiles; and
          (c) Of the funds made available for KEDO, up to $20,000,000 may be
    made available on or after June 1, 1999, if, thirty days prior to such
    obligation of funds, the President certifies and so reports to Congress
    that:
                (1) the United States has initiated meaningful discussions
            with North Korea on implementation of the Joint Declaration on
            the Denuclearization of the Korean Peninsula;
                (2) the United States has reached agreement with North Korea
            on the means for satisfying U.S. concerns regarding suspect
            underground construction; and;
                (3) the United States is making significant progress on
            reducing and eliminating the North Korean ballistic missile
            threat, including its ballistic missile exports.
          (d) The President may waive the certification requirements of
    subsections (b) and (c) if the President determines that it is vital to
    the national security interests of the United States and

    [[Page 112 STAT. 2681-202]]

    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.

        Sec. 583. <<NOTE: 22 USC 262r note.>> (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

    [[Page 112 STAT. 2681-203]]

    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.

        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.

        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.

        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;

    [[Page 112 STAT. 2681-204]]

                (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.

        Sec. 587. <<NOTE: 22 USC 2381 note.>> (a) Establishment of Office.--
    There shall be established within the Office of the Administrator of the
    Agency for International Development, an Office of Security. Such Office
    of Security shall, notwithstanding any other provision of law except
    section 207 of the Foreign Service Act of 1980 and section 103 of Public
    Law 199-339, have the responsibility for the supervision, direction, and
    control of all security activities relating to the programs and
    operations of that Agency.

        (b) Transfer and Allocation of Appropriations and Personnel.--There
    are transferred to the
    Office of Security all security functions exercised by the Office of
    Inspector General of the Agency for International Development exercised
    before the date of enactment of this Act. The Administrator shall
    transfer from the Office of the Inspector General of such Agency to the
    Office of Security established by subsection (a), the personnel
    (including the Senior Executive 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.

    [[Page 112 STAT. 2681-205]]

        Sec. 588. (a) Congress makes the following findings:
                (1) North Korea has been active in developing new
            generations of medium-range and intermediate-range ballistic
            missiles, including both the Nodong and Taepo Dong class
            missiles.
                (2) North Korea is not an adherent to the Missile Technology
            Control Regime, actively cooperates with Iran and Pakistan in
            ballistic missile programs, and has declared its intention to
            continue to export ballistic missile technology.
                (3) North Korea has shared technology involved in the Taepo
            Dong I missile program with Iran, which is concurrently
            developing the Shahab-3 intermediate-range ballistic missile.
                (4) North Korea is developing the Taepo Dong II
            intermediate-range ballistic missile, which is expected to have
            sufficient range to put at risk United States territories,
            forces, and allies throughout the Asia-Pacific area.
                (5) Multistage missiles like the Taepo Dong class missile
            can ultimately be extended to intercontinental range.
                (6) The bipartisan Commission to Assess the Ballistic
            Missile Threat to the United States emphasized the need for the
            United States intelligence community and United States policy
            makers to
    review the methodology by which they assess foreign missile programs in
    order to guard against surprise developments with respect to such
    programs.

        (b) It is the sense of Congress that--
                (1) North Korea should be forcefully condemned for its
            August 31, 1998, firing of a Taepo Dong I intermediate-range
            ballistic missile over the sovereign territory of another
            country, specifically Japan, an event that demonstrated an
            advanced capability for employing multistage missiles, which are
            by nature capable of extended range, including intercontinental
            range;
                (2) the United States should reassess its cooperative space
            launch programs with countries that continue to assist North
            Korea and Iran in their ballistic missile and cruise missile
            programs;
                (3) any financial or technical assistance provided to North
            Korea should take into account the continuing conduct by that
            country of activities which destabilize the region, including
            the missile firing referred to in paragraph (1), continued
            submarine incursions into South Korean territorial waters, and
            violations of the demilitarized zone separating North Korea and
            South Korea;
                (4) the recommendations of the Commission to Assess the
            Ballistic Missile Threat to the United States should be
            incorporated into the analytical processes of the United States
            intelligence community as soon as possible; and
                (5) the United States should accelerate cooperative theater
                          missile defense programs with Japan.

        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:

    [[Page 112 STAT. 2681-206]]

    ``SEC. 129. <<NOTE: 22 USC 2151aa.>> 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;

    [[Page 112 STAT. 2681-207]]

                ``(4) shall ensure that the program is consistent with the
            International Affairs Strategic Plan and Mission Performance
            Plan of the United States Agency for International Development;
                ``(5) shall establish and carry out a plan to evaluate the
            program.

        ``(d) Administrative Authorities.--In carrying out the program
    established under subsection (a), the Secretary shall have the following
    administrative authorities:
                ``(1) The Secretary may provide allowances and benefits
            under chapter 9 of title I of the Foreign Service Act of 1980
            (22 U.S.C. 4081 et seq.) to any officer or employee of any
            agency of the United States Government performing functions
            under this section outside the United States.
                ``(2)(A) The Secretary may allocate or transfer to any
            agency of the United States Government any
    part of any funds available for carrying out this section, including any
    advance to the United States Government by any country or international
    organization for the procurement of commodities, supplies, or services.
                ``(B) Such funds shall be available for obligation and
            expenditure for the purposes for which such funds were
            authorized, in accordance with authority granted in this section
            or under authority governing the activities of the agency of the
            United States Government to which such funds are allocated or
            transferred.
                ``(3) Appropriations for the purposes of or pursuant to this
            section, and allocations to any agency of the United States
            Government from other appropriations for functions directly
            related to the purposes of this section, shall be available
            for--
                        ``(A) contracting with individuals for personal
                    services abroad, except that such individuals shall not
                    be regarded as employees of the United States Government
                    for the purpose of any law administered by the Office of
                    Personnel Management;
                        ``(B) the purchase and hire of passenger motor
                    vehicles, except that passenger motor vehicles may be
                    purchased only--
                              ``(i) for use in foreign countries; and
                              ``(ii) if the Secretary or the Secretary's
                          designee has determined that the vehicle is
                          necessary to accomplish the mission;
                        ``(C) the purchase of insurance for official motor
                    vehicles acquired for use in foreign countries;
                        ``(D)(i) the rent or lease outside the United
                    States, not to exceed 5 years, of offices, buildings,
                    grounds, and quarters, including living quarters to
                    house personnel, consistent with the relevant
                    interagency housing board policy, and payments therefor
                    in advance;
                        ``(ii) maintenance, furnishings, necessary repairs,
                    improvements, and alterations to properties owned or
                    rented by the United States Government or made available
                    for use to the United States Government outside the
                    United States; and
                        ``(iii) costs of insurance, fuel, water, and
                    utilities for such properties;

    [[Page 112 STAT. 2681-208]]

                        ``(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

    [[Page 112 STAT. 2681-209]]

    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

    [[Page 112 STAT. 2681-210]]

            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.''.

        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.

        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.

    [[Page 112 STAT. 2681-211]]

                        (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.--

    [[Page 112 STAT. 2681-212]]

                        (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 of 8468 of
                    title 5, United States Code, by reason of membership on
                    the commission shall not be subject to the provisions of
                    such section with respect to membership on the
                    commission.
                        (ii) A member of the commission who is a member or
                    former member of a uniformed service shall not be
                    subject to the provisions of subsections (b) and (c) of
                    section

    [[Page 112 STAT. 2681-213]]

                    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.

        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.

        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

    [[Page 112 STAT. 2681-214]]

                    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

    [[Page 112 STAT. 2681-215]]

                        (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.

        Sec. 594. <<NOTE: 22 USC 2753 note.>> (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.

        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;

    [[Page 112 STAT. 2681-216]]

                (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.

        Sec. 596. (a) Findings.--Congress makes the following findings:
                (1) On December 21, 1988, 270 people, including 189 United
            States citizens, were killed in a terrorist bombing on Pan Am
            Flight 103 over Lockerbie, Scotland.
                (2) Britain and the United States indicted 2 Libyan
            intelligence agents--Abdel Basset Al-Megrahi and Lamen Khalifa
            Fhimah--in 1991 and sought their extradition from Libya to the
            United States or the United Kingdom to stand trial for this
            heinous terrorist act.
                (3) The United Nations Security Council called for the
            extradition of the suspects in Security Council Resolution 731
            and imposed sanctions on Libya in Security Council Resolutions
            748 and 883 because Libyan leader, Colonel Muammar Qadaffi,
            refused to transfer the suspects to either the United States or
            the United Kingdom to stand trial.
                (4) The sanctions in Security Council Resolutions 748 and
            883 include a worldwide ban on Libya's national airline, a ban
            on flights into and out of Libya by other nations' airlines, a
            prohibition on supplying arms, airplane parts, and certain oil
            equipment to Libya, and a freeze on Libyan government funds in
            other countries.
                (5) Colonel Qaddafi has continually refused to extradite the
            suspects to either the United States or the United Kingdom and
            has insisted that he will only transfer the suspects to a third
            and neutral country to stand trial.
                (6) On August 24, 1998, the United States and the United
            Kingdom proposed that Colonel Qadaffi transfer the suspects

    [[Page 112 STAT. 2681-217]]

            to the Netherlands, where they would stand trial before a
            Scottish court, under Scottish law, and with a panel of Scottish
            judges.
                (7) The United States-United Kingdom proposal is consistent
            with those previously endorsed by the Organization of African
            Unity, the League of Arab States, the Non-Aligned Movement, and
            the Islamic Conference.
                (8) The United Nations Security Council endorsed the United
            States-United Kingdom proposal on August 27, 1998, in United
            Nations Security Council Resolution 1192.
                (9) The United States Government has stated that this
            proposal is nonnegotiable and has called on Colonel Qadaffi to
            respond promptly, positively, and unequivocally to this proposal
            by ensuring the timely appearance of the two accused individuals
            in the Netherlands for trial before the Scottish court.
                (10) The United States Government has called on Libya to
            ensure the production of evidence, including the presence of
            witnesses before the court, and to comply fully with all the
            requirements of the United Nations Security Council resolutions.
                (11) Secretary of State Albright has said that the United
            States will urge a multilateral oil embargo against Libya in the
            United Nations Security Council if Colonel Muammar Qadaffi does
            not transfer the suspects to the Netherlands to stand trial.
                (12) The United Nations Security Council will convene on
            October 30, 1998, to review sanctions imposed on Libya.

        (b) Sense of Congress.--It is the sense of Congress that--
                (1) Colonel Qadaffi should promptly transfer the indicted
            suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
            Netherlands to stand trial before the Scottish court;
                (2) the United States Government should remain firm in its
            commitment not to negotiate with Colonel Qadaffi on any of the
            details of the proposal approved by the United Nations in United
            Nations Security Council Resolution 1192; and
                (3) if Colonel Qadaffi does not transfer the indicted
            suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
            Netherlands by October 29,
    1998, the United States Permanent Representative to the United Nations
    should--
                        (A) introduce a resolution in the United Nations
                    Security Council to impose a multilateral oil embargo
                    against Libya;
                        (B) actively promote adoption of the resolution by
                    the United Nations Security Council; and
                        (C) assure that a vote will occur in the United
                         Nations Security Council on such a resolution.

        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;

    [[Page 112 STAT. 2681-218]]

                (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

        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.

        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

        Sec. 601. None of the funds appropriated in this title may be
    obligated or made available to the International Monetary Fund

    [[Page 112 STAT. 2681-219]]

    until 15 days after the Secretary of the Treasury and the Chairman of
    the Board of Governors of the Federal Reserve System jointly provide
    written notification to the appropriate committees that the major
    shareholders of the Fund have publicly agreed to, and will act to
    implement in the Fund the following policies:
                (1) Policies providing that conditions in standby or other
            arrangements regarding the use of Fund resources include, in
            addition to appropriate monetary policy conditions, requirements
            that the recipient country, in accordance with a schedule for
            action--
                        (A) liberalize restrictions on trade in goods and
                    services, consistent with the terms of all international
                    trade agreements of which the borrowing country is a
                    signatory;
                        (B) eliminate the systemic practice or policy of
                    government directed lending on non-commercial terms or
                    provision of market distorting subsidies to favored
                    industries, enterprises, parties, or institutions; and
                        (C) provide a legal basis for nondiscriminatory
                    treatment in insolvency proceedings between domestic and
                    foreign creditors, and for debtors and other concerned
                    persons.
                (2) Policies providing that within 3 months after any
            meeting of the Executive Board of the Fund at which a Letter of
            Intent, a Policy Framework Paper, an Article IV economic review
            consultation with a member country, or a change in a general
            policy of the Fund is discussed, a full written summary of the
            meeting should be made available for public inspection, with the
            following information redacted:
                        (A) Information which, if released, would adversely
                    affect the national security of a country, and which is
                    of the type that would be classified by the United
                    States Government.
                        (B) Market-sensitive information.
                        (C) Proprietary information.
                (3) Policies providing that within 3 months after any
            meeting of the Executive Board of the Fund at which a Letter of
            Intent, a Memorandum of Understanding, or a Policy Framework
            Paper is discussed, a copy of the Letter of Intent, Memorandum
            of Understanding, or Policy Framework Paper should be made
            available for public inspection with the following information
            redacted:
                        (A) Information which, if released, would adversely
                    affect the national security of a country, and which is
                    of the type that would be classified by the United
                    States Government.
                        (B) Market-sensitive information.
                        (C) Proprietary information.
                (4) Policies providing that, in circumstances where a
            country is experiencing balance of payments difficulties due to
            a large short-term financing need resulting from a sudden and
            disruptive loss of market confidence and in order to provide an
            incentive for early repayment and encourage private market
            financing, loans made from the Fund's general resources after
            the date of the enactment of this section are--
                        (A) made available at an interest rate that reflects
                    an adjustment for risk that is not less than 300 basis
                    points in excess of the average of the market-based
                    short-term cost of financing of its largest members; and

    [[Page 112 STAT. 2681-220]]

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

        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.

         <<NOTE: Establishment. 22 USC 262r note<plus-minus>.>> 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.

    [[Page 112 STAT. 2681-221]]

        (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).

    [[Page 112 STAT. 2681-222]]

                (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).

        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.

        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

    [[Page 112 STAT. 2681-223]]

    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.

        Sec. 606. Not later than <<NOTE: 22 USC 262r note.>> 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

    [[Page 112 STAT. 2681-224]]

            strong global economic growth and stability in world financial
                                        markets.

         <<NOTE: 22 USC 262r note. participation in quota increase>> 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.

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

    ``SEC. 61. <<NOTE: 22 USC 286e-1m.>> 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.''.

        Sec. 609. Section 17 of the Bretton Woods Agreements Act (22 U.S.C.
    286e-2 et seq.) <<NOTE: 22 USC 286e-2.>>  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.

        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. <<NOTE: 22 USC 262o-2.>> 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

    [[Page 112 STAT. 2681-225]]

            that will contribute to exchange rate stability and avoid
            competitive devaluations that will further destabilize the
            international financial and trading systems.
                ``(2) Vigorously promote policies to increase the
            effectiveness of the International Monetary Fund in promoting
            market-oriented reform, trade liberalization, economic growth,
            democratic governance, and social stability through--
                        ``(A) establishing an independent monetary
                    authority, with full power to conduct monetary policy,
                    that provides for a non-inflationary domestic currency
                    that is fully convertible in foreign exchange markets;
                        ``(B) opening domestic markets to fair and open
                    internal competition among domestic enterprises by
                    eliminating inappropriate favoritism for small or large
                    businesses, eliminating elite monopolies, creating and
                    effectively implementing anti-trust and anti-monopoly
                    laws to protect free competition, and establishing fair
                    and accessible legal procedures for dispute settlement
                    among domestic enterprises;
                        ``(C) privatizing industry in a fair and equitable
                    manner that provides economic opportunities to a broad
                    spectrum of the population, eliminating government and
                    elite monopolies, closing loss-making enterprises, and
                    reducing government control over the factors of
                    production;
                        ``(D) economic deregulation by eliminating
                    inefficient and overly burdensome regulations and
                    strengthening the legal framework supporting private
                    contract and intellectual property rights;
                        ``(E) establishing or strengthening key elements of
                    a social safety net to cushion the effects on workers of
                    unemployment and dislocation; and
                        ``(F) encouraging the opening of markets for
                    agricultural commodities and products by requiring
                    recipient countries to make efforts to reduce trade
                    barriers.
                ``(3) Vigorously promote policies to increase the
            effectiveness of the International Monetary Fund, in concert
            with appropriate international authorities and other
            international financial institutions (as defined in section
            1701(c)(2)), in strengthening financial systems in developing
            countries, and encouraging the adoption of sound banking
            principles and practices, including the development of laws and
            regulations that will help to ensure that domestic financial
            institutions meet strong standards regarding capital reserves,
            regulatory oversight, and transparency.
                ``(4) Vigorously promote policies to increase the
            effectiveness of the International Monetary Fund, in concert
            with appropriate international authorities
    and other international financial institutions (as defined in section
    1701(c)(2)), in facilitating the development and implementation of
    internationally acceptable domestic bankruptcy laws and regulations in
    developing countries, including the provision of technical assistance as
    appropriate.
                ``(5) Vigorously promote policies that aim at appropriate
            burden-sharing by the private sector so that investors and
            creditors bear more fully the consequences of their decisions,
            and accordingly advocate policies which include--

    [[Page 112 STAT. 2681-226]]

                        ``(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

    [[Page 112 STAT. 2681-227]]

            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

    [[Page 112 STAT. 2681-228]]

    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) <<NOTE: 22 USC 262r.>>  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.''.

        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. <<NOTE: 22 USC 262n-3.>> 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.''.

        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. <<NOTE: 22 USC 262r-3.>> 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

    [[Page 112 STAT. 2681-229]]

            implemented financial sector restructuring and reform measures
            required by the International Monetary Fund, including--
                        ``(A) ensuring full respect for the commercial
                    orientation of commercial bank lending;
                        ``(B) ensuring that governments will not intervene
                    in bank management and lending decisions (except in
                    regard to prudential supervision);
                        ``(C) the enactment and implementation of
                    appropriate financial reform legislation;
                        ``(D) strengthening the domestic financial system
                    and improving transparency and supervision; and
                        ``(E) the opening of domestic capital markets.
                ``(3) A description of the degree to which the countries
            requiring the financial stabilization programs have fully
            implemented reforms required by the International Monetary Fund
            that are directed at corporate governance and corporate
            structure, including--
                        ``(A) making nontransparent conglomerate practices
                    more transparent through the application of
                    internationally accepted accounting practices,
                    independent external audits, full disclosure, and
                    provision of consolidated statements; and
                        ``(B) ensuring that no government subsidized support
                    or tax privileges will be provided
    to bail out individual corporations, particularly in the semiconductor,
    steel, and paper industries.
                ``(4) A description of the implementation of reform measures
            required by the International Monetary Fund to deregulate and
            privatize economic activity by ending domestic monopolies,
            undertaking trade liberalization, and opening up restricted
            areas of the economy to foreign investment and competition.
                ``(5) A detailed description of the trade policies of the
            countries, including any unfair trade practices or adverse
            effects of the trade policies on the United States.
                ``(6) A description of the extent to which the financial
            stabilization programs have resulted in appropriate burden-
            sharing among private sector creditors, including rescheduling
            of outstanding loans by lengthening maturities, agreements on
            debt reduction, and the extension of new credit.
                ``(7) A description of the extent to which the economic
            adjustment policies of the International Monetary Fund and the
            policies of the government of the country adequately balance the
            need for financial stabilization, economic growth, environmental
            protection, social stability, and equity for all elements of the
            society.
                ``(8) Whether International Monetary Fund involvement in
            labor market flexibility measures has had a negative effect on
            core worker rights, particularly the rights of free association
            and collective bargaining.
                ``(9) A description of any pattern of abuses of core worker
            rights in recipient countries.
                ``(10) The amount, rate of interest, and disbursement and
            repayment schedules of any funds disbursed from the
            stabilization fund established under section 5302 of title 31,
            United States Code, in the form of loans, credits, guarantees,
            or swaps, in support of the financial stabilization programs.

    [[Page 112 STAT. 2681-230]]

                ``(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).''.

        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. <<NOTE: 22 USC 262r-4.>> ANNUAL REPORT AND TESTIMONY ON THE
                STATE OF THE INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND
                COMPLIANCE WITH IMF AGREEMENTS.

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

        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:

    `` <<NOTE: 22 USC 262r-5.>> 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

    [[Page 112 STAT. 2681-231]]

    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:

    [[Page 112 STAT. 2681-232]]

                       TITLE I--DEPARTMENT OF THE INTERIOR

                            Bureau of Land Management

        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.

        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

    [[Page 112 STAT. 2681-233]]

    to provide that protection, and are available without fiscal year
                                   limitation.

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

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

        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.

        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.

        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

    [[Page 112 STAT. 2681-234]]

    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).

        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.

        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.

        For administrative expenses and other costs related to processing
    application documents and other authorizations for use and disposal of
    public lands and resources, for costs of providing copies of official
    public land documents, for monitoring construction, operation, and
    termination of facilities in conjunction with use authorizations, and
    for rehabilitation of damaged property, such amounts as may be collected
    under Public Law 94-579, as amended, and Public Law 93-153, to remain
    available until <<NOTE: 43 USC 1735 note. miscellaneous trust
    funds>> 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

    [[Page 112 STAT. 2681-235]]

    to repair damage to the exact land for which funds were collected may be
                   used to repair other damaged public lands.

        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.

        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

        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

    [[Page 112 STAT. 2681-236]]

    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 <<NOTE: 16 USC 718k.>> 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 <<NOTE: 16 USC
    746a. construction>> 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.

        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''.

    [[Page 112 STAT. 2681-237]]

        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.

        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.

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

        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.

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

        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, <<NOTE: 16 USC
    4246. administrative provisions>> 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

    [[Page 112 STAT. 2681-238]]

      may be used by the Secretary of the Interior to administer the Fund.

        Appropriations and funds available to the United States Fish and
    Wildlife Service shall be available for purchase of not to exceed 104
    passenger motor vehicles, of which 89 are for replacement only
    (including 38 for police-type use); repair of damage to public roads
    within and adjacent to reservation areas caused by operations of the
    Service; options for the purchase of land at not to exceed $1 for each
    option; facilities incident to such public recreational uses on
    conservation areas as are consistent with their primary purpose; and the
    maintenance and improvement of aquaria, buildings, and other facilities
    under the jurisdiction of the Service and to which the United States has
    title, and which are used pursuant to law in connection with management
    and investigation of fish and wildlife resources: Provided, That
    notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
    sharing and partnership arrangements authorized by law, procure printing
    services from cooperators in connection with jointly produced
    publications for which the cooperators share at least one-half the cost
    of printing either in cash or services and the Service determines the
    cooperator is capable of meeting accepted quality standards: Provided
    further, That the Service may accept donated aircraft as replacements
    for existing aircraft: Provided further, That notwithstanding any other
    provision of law, the Secretary of the Interior may not spend any of the
    funds appropriated in this Act for the purchase of lands or interests in
    lands to be used in the establishment of any new unit of the National
    Wildlife Refuge System unless the purchase is approved in advance by the
    House and Senate Committees on Appropriations in compliance with the
    reprogramming procedures contained in Senate Report 105-56: Provided
    further, That hereafter the Secretary may sell land and interests in
    land, other than surface water rights, acquired in conformance with
    subsections 206(a) and 207(c) of Public Law 101-618, the receipts of
    which shall be deposited to the Lahontan Valley and Pyramid Lake Fish
    and Wildlife Fund and used exclusively for the purposes of such
    subsections, without regard to the limitation on the distribution of
    benefits in subsection 206(f)(2) of such law: <<NOTE: 16 USC
    1374. technical corrections>>  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.

         <<NOTE: 16 USC 3503 note.>> 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--

    [[Page 112 STAT. 2681-239]]

                        (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 the map depicting unit FL-35 of the Coastal
            Barrier Resources System to exclude Pumpkin Key from the System.

                              National Park Service

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

        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.

    [[Page 112 STAT. 2681-240]]

        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.

        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.

        The contract authority provided for fiscal year 1999 by <<NOTE: 16
    USC 460l-10a note. land acquisition and state assistance>> 16 U.S.C.
    460l-10a is rescinded.

    [[Page 112 STAT. 2681-241]]

        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.

        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

    [[Page 112 STAT. 2681-242]]

    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

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

        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

    [[Page 112 STAT. 2681-243]]

    the United States in the negotiation and administration of interstate
    compacts: Provided, That activities funded by appropriations herein made
    may be accomplished through the use of contracts, grants, or cooperative
    agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
    the United States Geological Survey may contract directly with
    individuals or indirectly with institutions or nonprofit organizations,
    without regard to 41 U.S.C. 5, for the
    temporary or intermittent services of students or recent graduates, who
    shall be considered employees for the purposes of chapters 57 and 81 of
    title 5, United States Code, relating to compensation for travel and
    work injuries, and chapter 171 of title 28, United States Code, relating
    to tort claims, but shall not be considered to be Federal employees for
    any other purposes.

                           Minerals Management Service

        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.

        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.

    [[Page 112 STAT. 2681-244]]

              Office of Surface Mining Reclamation and Enforcement

        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. <<NOTE: 30 USC 1302 note.>> 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 <<NOTE: 30 USC 1211 note.>> 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 <<NOTE: 30 USC 1302
    note.>> thereafter, cost-based fees for the products of the Mine Map
    Repository shall be established (and revised as needed) in Federal
    Register Notices, and shall be collected and credited to this account,
    to be available until expended for the costs of administering this
                                    program.

        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

    [[Page 112 STAT. 2681-245]]

    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: <<NOTE: 30 USC 1231 note.>>  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

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

    [[Page 112 STAT. 2681-246]]

    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 <<NOTE: 25 USC 450j note.>> 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, <<NOTE: 25 USC 13d-3.>> 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 <<NOTE: 25 USC 2005 note. construction>> may use
    tribal priority allocations funds for the replacement and repair of
    school facilities in compliance with 25 U.S.C. 2005(a), so long as such
    replacement or repair is approved by the Secretary and completed with
    non-Federal tribal and/or tribal priority allocation funds: Provided
    further, That the sixth proviso under Operation of Indian Programs in
    Public Law 102-154, for the fiscal year ending September 30, 1992 (105
    Stat. 1004), is hereby amended to read as follows: ``Provided further,
    That until such time as legislation is enacted to the contrary, no funds
    shall be used to take land into trust within the boundaries of the
    original Cherokee territory in Oklahoma without consultation with the
                               Cherokee Nation:''.

        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

    [[Page 112 STAT. 2681-247]]

    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.

        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.

        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

    [[Page 112 STAT. 2681-248]]

    as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That these funds are
    available to subsidize total loan principal, any part of which is to be
    guaranteed, not to exceed $59,681,698.

        In addition, for administrative expenses to carry out the guaranteed
                            loan programs, $500,000.

          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.

        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

    [[Page 112 STAT. 2681-249]]

    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

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $66,175,000, of which:
    (1) $62,326,000 shall be available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, and brown tree snake control and research;
    grants to the judiciary in American Samoa for compensation and expenses,
    as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
    American Samoa, in addition to current local revenues, for construction
    and support of governmental functions; grants to the Government of the
    Virgin Islands as authorized by law; grants to the Government of Guam,
    as 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, <<NOTE: 48 USC 1469b. compact of
    free association>> 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

    [[Page 112 STAT. 2681-250]]

    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).

        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

        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

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

                           Office of Inspector General

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

                 Office of Special Trustee for American Indians

        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

    [[Page 112 STAT. 2681-251]]

    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: <<NOTE: 25 USC 4011 note.>> 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

        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.

          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

    [[Page 112 STAT. 2681-252]]

    of that Act: Provided further, That if, on June 1, 1999, the Secretary
    is unable to make a determination that the Alaska State Legislature has
    approved a bill or resolution to amend the Constitution of the State of
    Alaska that, if approved by the electorate, would enable the
    implementation of state laws of general applicability which are
    consistent with and which provide for the definition, preference and
    participation specified in sections 803, 804, and 805 of the Alaska
    National Interest Lands Conservation Act, $1,000,000 of these funds
    shall become available on June 1, 1999, and shall remain available until
    expended (with expended amounts to be subtracted from the amount that
    could be granted to the State), for the Secretary to conduct data
    gathering and research on subsistence uses, and formulate plans for
    operational aspects and in-season management, but not to implement and
    enforce subsistence use management beyond those public lands which as of
    October 1, 1998, were subject to federal management for subsistence uses
    pursuant to Title VIII of the Alaska National Interest Lands
    Conservation Act.

                            Administrative Provisions

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

                 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

          Sec. 101. Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made
    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to this
    section are hereby designated by Congress to be ``emergency
    requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
    and Emergency Deficit Control Act of 1985, and must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible.

        Sec. 102. The Secretary may authorize the expenditure or transfer of
    any no year appropriation in this title, in addition to the amounts
    included in the budget programs of the several agencies, for the
    suppression or emergency prevention of forest or range fires on or
    threatening lands under the jurisdiction of the Department of the
    Interior; for the emergency rehabilitation of burned-over lands under
    its jurisdiction; for emergency actions related to potential or actual
    earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
    contingency planning subsequent

    [[Page 112 STAT. 2681-253]]

    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 which issue publications to members only or at a price to
    members lower than to subscribers who are not members.
        Sec. 105. Appropriations available to the Department of the Interior
    for salaries and expenses shall be available for uniforms or allowances
    therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
        Sec. 106. Appropriations made in this title shall be available for
    obligation in connection with contracts issued for services or rentals
    for periods not in excess of twelve months beginning at any time during
    the fiscal year.

    [[Page 112 STAT. 2681-254]]

        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. <<NOTE: 50 USC 167 note.>> (a) Employees of Helium
    Operations, Bureau of Land Management, entitled to severance pay under 5
    U.S.C. 5595, may apply for, and the Secretary of the Interior may pay,
    the total amount of the severance pay to the employee in a lump sum.
    Employees paid severance pay in a lump sum and subsequently reemployed
    by the Federal Government shall be subject to the repayment provisions
    of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made
    to the Helium Fund.

        (b) Helium Operations employees who elect to continue health
    benefits after separation shall be liable for not more than the required
    employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund
    shall pay for 18 months the remaining portion of required contributions.
        (c) The Secretary of the Interior may provide for training to assist
    Helium Operations employees in the transition to other Federal or
    private sector jobs during the facility shut-down and disposition
    process and for up to 12 months following separation from

    [[Page 112 STAT. 2681-255]]

    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. <<NOTE: 43 USC 1473e.>> 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,

    [[Page 112 STAT. 2681-256]]

    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

    [[Page 112 STAT. 2681-257]]

    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. <<NOTE: 16 USC 460o note.>> The 37 mile River Valley Trail
    from the town of Delaware Gap to the edge of the town of Milford,
    Pennsylvania located within the Delaware Water Gap National Recreation
    Area shall hereafter be referred to in any law, regulation, document, or
    record of the United States as the Joseph M. McDade Recreational Trail.

        Sec. 119. (a) In this section--
                (1) the term ``Huron Cemetery'' means the lands that form
            the cemetery that is popularly known as the Huron Cemetery,
            located in Kansas City, Kansas, as described in subsection
            (b)(3); and
                (2) the term ``Secretary'' means the Secretary of the
            Interior.

        (b)(1) The Secretary shall take such action as may be necessary to
    ensure that the lands comprising the Huron Cemetery (as described in
    paragraph (3)) are used only in accordance with this subsection.
        (2) The lands of the Huron Cemetery shall be used only--
                (A) for religious and cultural uses that are compatible with
            the use of the lands as a cemetery; and
                (B) as a burial ground.

        (3) The description of the lands of the Huron Cemetery is as
    follows:
        The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
    of the sixth principal meridian, in Wyandotte County, Kansas (as
    surveyed and marked on the ground on August 15, 1888, by William Millor,
    Civil Engineer and Surveyor), described as follows:
                ``Commencing on the Northwest corner of the Northwest
            Quarter of the Northwest Quarter of said Section 10;
                ``Thence South 28 poles to the `true point of beginning';
                ``Thence South 71 degrees East 10 poles and 18 links;
                ``Thence South 18 degrees and 30 minutes West 28 poles;
                ``Thence West 11 and one-half poles;
                ``Thence North 19 degrees 15 minutes East 31 poles and 15
            feet to the `true point of beginning', containing 2 acres or
            more.''.

        Sec. 120. (a) Study.--The Secretary shall enter into an agreement
    with and provide funding, to the National Academy of Sciences (NAS), the
    Board on Earth Sciences and Resources (Board), to conduct a detailed,
    comprehensive study of the environmental and reclamation requirements
    relating to mining of locatable minerals on federal lands and the
    adequacy of those requirements to prevent unnecessary or undue
    degradation of federal lands in each state in which such mining occurs.
                (1) Contents.--The study shall identify and consider--
                        (A) the operating, reclamation and permitting
                    requirements for locatable minerals mining and
                    exploration

    [[Page 112 STAT. 2681-258]]

                    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,

    [[Page 112 STAT. 2681-259]]

            the Secretary shall carry out subsection (b) of this section,
            and the provisions of subsection (c) shall take effect.

        (b) Conveyance.--The Secretary shall convey to Kawerak, Inc., a non-
    profit tribal organization in Nome, Alaska, without consideration, all
    right, title, and interest of the United States, subject to all valid
    existing rights and to the rights-of-way described in subsection (c), in
    the property described as Lot 1, Block 12; the north 50 feet of Lots 43
    and 44, Block 12; Lots 50, 51 and 52, Block 12; Lots 28 and 29, Block
    33; and a strip of land 25 feet in length running east and west by 24
    feet in width running north and south in the southwest corner of Lot 15,
    Block 33, all within the Nome Townsite, Records of the Cape Nome
    Recording District, Second Judicial District, State of Alaska.
        (c) Rights-of-Way.--The property conveyed under subsection (b) shall
    be subject to--
                (1) title of the State of Alaska, Department of Highways, as
            to the south three feet of Lots 50, 51, and 52 of Block 12; and
                (2) rights of the public or of any governmental agencies in
            and to any portion of the property lying within any roads,
            streets, or highways.

        Sec. 123. <<NOTE: 16 USC 410hh-4 note.>>  Commercial Fishing in
    Glacier Bay National Park. (a) General.--
                (1) The Secretary of the Interior and the State of Alaska
            shall cooperate in the development of a management plan for the
            regulation of commercial fisheries in Glacier Bay National Park
            pursuant to existing State and Federal statutes and any
            applicable international conservation and management treaties.
            Such management plan shall provide for commercial fishing in the
            marine waters within Glacier Bay National Park outside of
            Glacier Bay Proper, and in the marine waters within Glacier Bay
            Proper as specified in paragraphs (a)(2) through (a)(5), and
            shall provide for the protection of park values and purposes,
            for the prohibition of any new or expanded fisheries, and for
            the opportunity for the study of marine resources.
                (2) In the nonwilderness waters within Glacier Bay Proper,
            commercial fishing shall be limited, by means of non-
            transferable lifetime access permits, solely to individuals
            who--
                        (A) hold a valid commercial fishing permit for a
                    fishery in a geographic area that includes the
                    nonwilderness waters within Glacier Bay Proper;
                        (B) 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,

    [[Page 112 STAT. 2681-260]]

            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 of
    relinquishment) of the commercial fishing permit for Dungeness crab, of
    any Dungeness crab pots or other Dungeness crab gear, and of not more
    than 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

    [[Page 112 STAT. 2681-261]]

    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.
        Sec. 125. Conveyance to the Town of Pahrump, Nevada. (a)
    Conveyance.--The Secretary of the Interior, acting through the Director
    of the Bureau of Land Management, shall convey to the town of Pahrump,
    Nevada, without consideration, subject to the requirements of 43 U.S.C.
    869, all right, title, and interest of the land subject to all valid
    existing rights in the public lands located south and west of Highway
    160 within Sections
    32 and 33, T. 20 S., R. 54 E., Mount Diablo Meridian.

        (b) Use.--The conveyance of the property under subsection (a) shall
    be subject to reversion to the United States if the property is used for
    a purpose other than the purpose of a public fairground or a related
    public purpose.
        Sec. 126. Special Federal Aviation Regulation No. 78, regarding
    commercial air tour operators in the vicinity of the Rocky Mountain
    National Park, as published in the Federal Register on January 8, 1997,
    shall remain in effect until otherwise provided by an Act of Congress.
        Sec. 127. <<NOTE: 16 USC 3192a.>>  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.

    [[Page 112 STAT. 2681-262]]

        Sec. 128. Charleston, <<NOTE: 16 USC 461 note.>> Arkansas National
    Commemorative Site. (a) The Congress finds that--
                (1) the 1954 U.S. Supreme Court decision of Brown v. Board
            of Education, which mandated an end to the segregation of public
            schools, was one of the most significant Court decisions in the
            history of the United States;
                (2) the Charleston Public School District in Charleston,
            Arkansas, in September, 1954, became the first previously-
            segregated public school district in the former Confederacy to
            integrate following the Brown decision;
                (3) the orderly and peaceful integration of the public
            schools in Charleston served as a model and inspiration in the
            development of the Civil Rights movement in the United States,
            particularly with respect to public education; and
                (4) notwithstanding the important role of the Charleston
            School District in the successful implementation of integrated
            public schools, the role of the district has not been adequately
            commemorated and interpreted for the benefit and understanding
            of the nation.

        (b) The Charleston Public School complex in Charleston, Arkansas is
    hereby designated as the ``Charleston National Commemorative Site'' in
    commemoration of the Charleston schools' role as the first public school
    district in the South to integrate following the 1954 United States
    Supreme Court decision, Brown v. Board of Education.
        (c) The Secretary, after consultation with the Charleston Public
    School District, shall establish an appropriate commemorative monument
    and interpretive exhibit at the Charleston National Commemorative Site
    to commemorate the 1954 integration of Charleston's public schools.
        Sec. 129. (a) In the event any tribe returns appropriations made
    available by this Act to the Bureau of
     Indian Affairs for distribution to other tribes, this action shall not
    diminish the Federal Government's trust responsibility to that tribe, or
    the government-to-government relationship between the United States and
    that tribe, or that tribe's ability to access future appropriations.

        (b) The Bureau of Indian Affairs (BIA) shall develop alternative
    methods to fund tribal priority allocations (TPA) base programs in
    future years. The alternatives shall consider tribal revenues and
    relative needs of tribes and tribal members. No later than April 1,
    1999, the BIA shall submit a report to Congress containing its
    recommendations and other alternatives. The report shall also identify
    the methods proposed to be used by BIA to acquire data that is not
    currently available to BIA and any data gathering mechanisms that may be
    necessary to encourage tribal compliance. Notwithstanding any other
    provision of law, for the purposes of developing recommendations, the
    Bureau of Indian Affairs is hereby authorized access to tribal revenue-
    related data held by any Federal agency, excluding information held by
    the Internal Revenue Service.
        (c) Except as provided in subsection (d), tribal revenue shall
    include the sum of tribal net income, however derived, from any business
    venture owned, held, or operated, in whole or in part, by any tribal
    entity which is eligible to receive TPA on behalf of the members of any
    tribe, all amounts distributed as per capita payments which are not
    otherwise included in net income, and any income from fees, licenses or
    taxes collected by any tribe.

    [[Page 112 STAT. 2681-263]]

        (d) The calculation of tribal revenues shall exclude payments made
    by the Federal Government in settlement of claims or judgments and
    income derived from lands, natural resources, funds, and assets held in
    trust by the Secretary of the Interior.
        (e) In developing alternative TPA distribution methods, the Bureau
    of Indian Affairs will take into account the financial obligations of a
    tribe, such as budgeted health, education and public works service
    costs; its compliance, obligations and spending requirements under the
    Indian Gaming Regulatory Act; its compliance with the Single Audit Act;
    and its compact with its State.

        Sec. 130. None of the funds in this or any other Act shall be used
    to issue a notice of final rulemaking with respect to the valuation of
    crude oil for royalty purposes, including a rulemaking derived from
    proposed rules published in 63 Federal Register 6113 (1998), 62 Federal
    Register 36030, and 62 Federal Register 3742 (1997) until June 1, 1999,
    or until there is a negotiated agreement on the rule.

        Sec. 131. Up to $8,000,000 of funds available in fiscal years 1998
    and 1999 shall be available for grants, not covering more than 33
    percent of the total cost of any acquisition to be made with such funds,
    to States and local communities for purposes of acquiring lands or
    interests in lands to preserve and protect Civil War battlefield sites
    identified in the July 1993 Report on the Nation's Civil War
    Battlefields prepared by the Civil War Sites Advisory Commission. Lands
    or interests in lands acquired pursuant to this section shall be subject
    to the requirements of paragraph 6(f)(3) of the Land and Water
    Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).

        Sec. 132. Leasing of Certain Reserved Mineral Interests. (a)
    Application of Mineral Leasing Act.--Notwithstanding section 4 of Public
    Law 88-608 (78 Stat. 988), the Federal reserved mineral interests in
    land conveyed under that Act by United States land patents No. 49-71-
    0059 and No. 49-71-0065 shall be subject to the Act of February 25, 1920
    (commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.).
        (b) Entry.--
                (1) In general.--A person that acquires a lease under the
            Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the
            interests referred to in subsection (a) may exercise the right
            of entry 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--

    [[Page 112 STAT. 2681-264]]

                                        (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.) <<NOTE: 25 USC
    458ff.>>  is amended at Sec. 458ff(c) by inserting ``450c(d),''
    following the word ``sections''.

         <<NOTE: 16 USC 3503 note.>> Sec. 134. Correction to Coastal Barrier
    Resources System Map. (a) In General.--Not later than 30 days after the
    date of enactment of this Act, the Secretary of the Interior shall make
    such corrections to the map described in subsection (b) as are necessary
    to restore on that map the September 30, 1982, boundary for Unit M09 on
    the portion of Edisto Island located immediately to the south and west
    of the Jeremy Cay Causeway.

        (b) Map Described.--The map described in this subsection is the map
    included in a set of maps entitled ``Coastal Barrier Resources System'',
    dated October 24, 1990, that relates to the unit of the Coastal Barrier
    Resources System entitled ``Edisto Complex M09/M09P''.
         <<NOTE: 16 USC 410hh-1 note.>> Sec. 135. Katmai National Park Land
    Exchange. (a) Ratification of Agreement.--
                (1) Ratification.--
                        (A) In general.--The terms, conditions, procedures,
                    covenants, reservations, and other provisions set forth
                    in the document entitled ``Agreement for the Sale,
                    Purchase and Conveyance of Lands between the Heirs,
                    Designees and/or Assigns of Palakia Melgenak and the
                    United States of America'' (hereinafter referred to in
                    this section as the ``Agreement''), executed by its
                    signatories, including the heirs, designees and/or
                    assigns of Palakia Melgenak (hereinafter referred to in
                    this section as the ``Heirs'') effective on September 1,
                    1998 are authorized, ratified and confirmed, and set
                    forth the obligations and commitments of the United
                    States and all other signatories, as a matter of Federal
                    law.
                        (B) Native allotment.--Notwithstanding any provision
                    of law to the contrary, all lands described in section
                    2(c) of the Agreement for conveyance to the Heirs shall
                    be deemed a replacement transaction under ``An Act to
                    relieve restricted Indians in the Five Civilized Tribes
                    whose nontaxable lands are required for State, county or
                    municipal improvements or sold to other persons or for
                    other purposes'' (25 U.S.C. 409a, 46 Stat. 1471), as
                    amended, and the Secretary shall convey such lands by a
                    patent consistent with the terms of the Agreement and
                    subject to the same restraints on alienation and tax-
                    exempt status as provided for Native allotments pursuant
                    to ``An Act authorizing the Secretary of the Interior to
                    allot homesteads to the natives of Alaska'' (34 Stat.
                    197), as amended, repealed by section 18(a) the Alaska
                    Native Claims

    [[Page 112 STAT. 2681-265]]

                    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)  <<NOTE: 16 USC 1132 note.>> Katmai National Park and Preserve
    Wilderness.--Upon the date of closing of the conveyance of the
    approximately 10 acres of Katmai National Park Wilderness lands to be
    conveyed to the Heirs under the Agreement, the following lands shall
    hereby be designated part of the Katmai Wilderness as designated by
    section 701(4) of the Alaska National Interest Lands Conservation Act
    (16 U.S.C. 1132 note; 94 Stat. 2417):
            A strip of land approximately one half mile long and 165 feet
            wide lying within Section 1, Township 24 South, Range 33 West,
            Seward Meridian, Alaska, the center line of which is the center
            of the unnamed stream from its mouth at Geographic Harbor to the
            north line of said Section 1. Said unnamed stream flows from the
            unnamed lake located in Sections 25 and 26, Township 23 South,
            Range 33 West, Seward Meridian. This strip of land contains
            approximately 10 acres.

        (c) Availability of Appropriation.--None of the funds appropriated
    in this Act or any other Act hereafter enacted for the implementation of
    the Agreement may be expended until the Secretary determines that the
    Heirs have signed a valid and full relinquishment and release of any and
    all claims described in section 2(d) of the Agreement.
        (d) General Provisions.--
                (1) All of the lands designated as Wilderness pursuant to
            this section shall be subject to any valid existing rights.
                (2) Subject to the provisions of the Alaska National
            Interest Lands Conservation Act, the Secretary shall ensure that
            the lands in the Geographic Harbor area not directly affected by
            the Agreement remain accessible for the public, including its
            mooring and mechanized transportation needs.
                (3) The Agreement shall be placed on file and available for
            public inspection at the Alaska Regional Office of the National
            Park Service, at the office of the Katmai National Park and
            Preserve in King Salmon, Alaska, and at least one public
            facility managed by the Federal, State or local government
            located in each of Homer, Alaska, and Kodiak, Alaska and such
            other public facilities which the
    Secretary determines are suitable and accessible for such public
    inspections. In addition, as soon as practicable after enactment of this
    provision, the Secretary shall make available for public inspection in
    those same offices, copies of all maps and legal descriptions of lands
    prepared in implementing either the Agreement or this section. Such
    legal descriptions shall be published in the Federal Register and filed
    with the Speaker of the House of Representatives and the President of
    the Senate.

    [[Page 112 STAT. 2681-266]]

        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. <<NOTE: 16 USC 424-1.>> 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--

    [[Page 112 STAT. 2681-267]]

                (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. <<NOTE: 16 USC 410rr et seq.>>  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. <<NOTE: 16 USC 460kkk note.>>  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''.

         <<NOTE: 16 USC 79a note.>> 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

    [[Page 112 STAT. 2681-268]]

    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.

    [[Page 112 STAT. 2681-269]]

                           state and private forestry

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

                             national forest system

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

                            wildland fire management

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

    [[Page 112 STAT. 2681-270]]

                         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.

        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.

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

        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.

    [[Page 112 STAT. 2681-271]]

         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.

        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.

    [[Page 112 STAT. 2681-272]]

        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.
         <<NOTE: 16 USC 556h.>> 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.

         <<NOTE: 30 USC 185 note.>> 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.

    [[Page 112 STAT. 2681-273]]

         <<NOTE: 16 USC 2106b.>> Any money collected from the States for
    fire suppression assistance rendered by the Forest Service on non-
    Federal lands not in the vicinity of National Forest System lands shall
    hereafter be used to reimburse the applicable appropriation and shall
    remain available until expended as the Secretary may direct in
    conducting activities authorized by 16 U.S.C. 2101 note, 2101-2110,
    1606, and 2111.

        Of the funds available to the Forest Service, $1,500 is available to
    the Chief of the Forest Service for official reception and
    representation expenses.
         <<NOTE: 16 USC 554e.>> 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: <<NOTE: 16 USC 583j-9.>>  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

    [[Page 112 STAT. 2681-274]]

    rate that the recipient has obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities for sustainable rural development purposes.
        Notwithstanding any other provision of law, 80 percent of the funds
    appropriated to the Forest Service in the ``National Forest System'' and
    ``Reconstruction and Construction'' accounts and planned to be allocated
    to activities under the ``Jobs in the Woods'' program for projects on
    National Forest land in the State of Washington may be granted directly
    to the Washington State
    Department of Fish and Wildlife for accomplishment of planned projects.
    Twenty percent of said funds shall be retained by the Forest Service for
    planning and administering projects. Project selection and
    prioritization shall be accomplished by the Forest Service with such
    consultation with the State of Washington as the Forest Service deems
    appropriate.

        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
        The Secretary of Agriculture is authorized to enter into grants,
    contracts, and cooperative agreements as appropriate with the Pinchot
    Institute for Conservation, as well as with public and other private
    agencies, organizations, institutions, and individuals, to provide for
    the development, administration, maintenance, or restoration of land,
    facilities, or Forest Service programs, at the Grey Towers National
    Historic Landmark: Provided, That, subject to such terms and conditions
    as the Secretary of Agriculture may prescribe, any such public or
    private agency, organization, institution, or individual may solicit,
    accept, and administer private gifts of money and real or personal
    property for the benefit of, or in connection with, the activities and
    services at the Grey Towers National Historic Landmark: Provided
    further, That such gifts may be accepted notwithstanding the fact that a
    donor conducts business with the Department of Agriculture in any
    capacity.
        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

    [[Page 112 STAT. 2681-275]]

    90 days after the date of the enactment of this Act, the Forest Service
    shall provide, to the Committees on Appropriations of the House of
    Representatives and Senate, proposed definitions, which are consistent
    with Federal Accounting Standards Advisory Board standards, to be used
    with the fiscal year 2000 budget, for indirect expenditures: Provided
    further, That the Forest Service shall implement and adhere to the
    definitions on a nationwide basis without flexibility for modification
    by any organizational level except the Washington Office, and when
    changed by the Washington Office, such changes in definition shall be
    reported in budget requests submitted by the Forest Service: Provided
    further, That the Forest Service shall provide in the fiscal year 2000
    budget justification, planned indirect expenditures in accordance with
    the definitions, summarized and displayed to the Regional, Station,
    Area, and detached unit office level. The justification shall display
    the estimated source and amount of indirect expenditures, by expanded
    budget line item, of funds in the agency's annual budget justification.
    The display shall include
    appropriated funds and the Knutson-Vandenberg, Brush Disposal,
    Cooperative Work-Other, and Salvage Sale funds. Changes between
    estimated and actual indirect expenditures shall be reported in
    subsequent budget justifications: Provided further, That during fiscal
    year 2000 the Secretary shall limit total annual indirect obligations
    from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
    Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent of
    the total obligations from each fund: Provided further, That not later
    than 90 days after the date of the enactment of this Act, the Forest
    Service shall provide a plan which addresses how the agency will fully
    integrate all indirect expenditure information into the agency's general
    ledger system.

                              DEPARTMENT OF ENERGY

                              clean coal technology

        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

    [[Page 112 STAT. 2681-276]]

    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

        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, <<NOTE: 10 USC 7430 note. elk hills school lands fund>> 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.

          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.

    [[Page 112 STAT. 2681-277]]

                           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.

        Appropriations under this Act for the current fiscal year shall be
    available for hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase, repair, and cleaning of uniforms; and
    reimbursement to the General Services Administration for security guard
    services.
        From appropriations under this Act, transfers of sums may be made to
    other agencies of the Government for the performance of work for which
    the appropriation is made.
        None of the funds made available to the Department of Energy under
    this Act shall be used to implement or finance authorized price support
    or loan guarantee programs unless specific provision is made for such
    programs in an appropriations Act.
        The Secretary is authorized to accept lands, buildings, equipment,
    and other contributions from public and private sources and to prosecute
    projects in cooperation with other agencies, Federal, State, private or
    foreign: Provided, That revenues and other moneys received by or for the
    account of the Department of Energy or otherwise generated by sale of
    products in connection with projects of the Department appropriated
    under this Act may be retained by the Secretary of Energy, to be
    available until expended, and used only for plant construction,
    operation, costs, and payments to cost-sharing entities as provided in
    appropriate cost-sharing contracts or agreements: Provided further, That
    the remainder of revenues after the making of such payments shall be
    covered into the Treasury as miscellaneous receipts: Provided further,
    That any contract, agreement, or provision thereof entered into by
    the Secretary pursuant to this authority shall not be executed prior to
    the expiration of 30 calendar days (not including any day in which
    either House of Congress is not in session because of adjournment of
    more than three calendar days to a day certain) from the receipt by the
    Speaker of the House of Representatives and the President of the Senate
    of a full comprehensive report on such project, including the facts and
    circumstances relied upon in support of the proposed project.

        No funds provided in this Act may be expended by the Department of
    Energy to prepare, issue, or process procurement documents for programs
    or projects for which appropriations have not been made.
        In addition to other authorities set forth in this Act, the
    Secretary may accept fees and contributions from public and private
    sources, to be deposited in a contributed funds account, and

    [[Page 112 STAT. 2681-278]]

    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 carry
    out the loan repayment program under section 108 of the Indian Health
    Care Improvement Act: Provided further, That funds provided in this Act
    may be used for one-year contracts and grants which are to be performed
    in two fiscal years, so long as the total obligation is recorded in the
    year for which the funds are appropriated: Provided further, That the
    amounts collected by the Secretary of Health and Human Services under
    the authority of

    [[Page 112 STAT. 2681-279]]

    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

    [[Page 112 STAT. 2681-280]]

    the functions or activities for which the appropriation is made or which
    will contribute to improved conduct, supervision, or management of those
    functions or activities: Provided, That in accordance with the
    provisions of the Indian Health Care Improvement Act, non-Indian
    patients may be extended health care at all tribally administered or
    Indian Health Service facilities, subject to charges, and the proceeds
    along with funds recovered under the Federal Medical Care Recovery Act
    (42 U.S.C. 2651-2653) shall be credited to the account of the facility
    providing the service and shall be available without fiscal year
    limitation: Provided further, That notwithstanding any other law or
    regulation, funds transferred from the Department of Housing and Urban
    Development to the Indian Health Service shall be administered under
    Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
    93-638, as amended: Provided further, That funds appropriated to the
    Indian Health Service in this Act, except those used for administrative
    and program direction purposes, shall not be subject to limitations
    directed at curtailing Federal travel and transportation: Provided
    further, That notwithstanding any other provision of law, funds
    previously or herein made available to a tribe or tribal organization
    through a contract, grant, or agreement authorized by title I or title
    III of the Indian Self-Determination and Education Assistance Act of
    1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-
    determination contract under title I, or a self-governance agreement
    under title III of such Act and thereafter shall remain available to the
    tribe or tribal organization without fiscal year limitation: Provided
    further, That none of the funds made available to the Indian Health
    Service in this Act shall be used to implement the final rule published
    in the Federal Register on September 16, 1987, by the Department of
    Health and Human Services, relating to the eligibility for the health
    care services of the Indian Health Service until the Indian Health
    Service has submitted a budget request reflecting the increased costs
    associated with the proposed final rule, and such request has been
    included in an appropriations Act and enacted into law: Provided
    further, That funds made available in this Act are to be apportioned to
    the Indian Health Service as appropriated in this Act, and accounted for
    in the appropriation structure set forth in this Act: Provided further,
    That with respect to functions transferred by the Indian Health Service
    to tribes or tribal organizations, the Indian Health Service is
    authorized to provide goods and services to those entities, on a
    reimbursable basis, including payment in advance with subsequent
    adjustment, and the reimbursements received therefrom, along with the
    funds received from those entities pursuant to the Indian Self-
    Determination Act, may be credited to the same or subsequent
    appropriation account which provided the funding, said amounts to remain
    available until expended: Provided further, <<NOTE: 25 USC 450j-
    2.>> 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

    [[Page 112 STAT. 2681-281]]

    and any entity other than the Indian Health Service: Provided further,
    That reimbursements for training, technical assistance, or services
    provided by the Indian Health Service will contain total costs,
    including direct, administrative, and overhead associated with the
    provision of goods, services, or technical assistance: Provided further,
    That the appropriation structure for the Indian Health Service may not
    be altered without advance approval of the House and Senate Committees
    on Appropriations.

                             OTHER RELATED AGENCIES

                   Office of Navajo and Hopi Indian Relocation

                              salaries and expenses

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

        Institute of American Indian and Alaska Native Culture and Arts
                                   Development

                            payment to the institute

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

                             Smithsonian Institution

                              salaries and expenses

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

    [[Page 112 STAT. 2681-282]]

    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.

        None of the funds in this or any other Act may be used to initiate
    the design of any expansion of current
    space or new facility without consultation with the House and Senate
    Appropriations Committees.

        None of the funds in this or any other Act may be used to prepare a
    historic structures report, or for any other purpose, involving the Holt
    House located at the National Zoological Park in Washington, D.C.
        The Smithsonian Institution shall not use Federal funds in excess of
    the amount specified in Public Law 101-185 for the construction of the
    National Museum of the American Indian.

    [[Page 112 STAT. 2681-283]]

                             National Gallery of Art

        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.

        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

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

        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

        For expenses necessary in carrying out the provisions of the Woodrow
    Wilson Memorial Act of 1968 (82 Stat. 1356) including

    [[Page 112 STAT. 2681-284]]

    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

        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.

        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

        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.

        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.

    [[Page 112 STAT. 2681-285]]

                    Institute of Museum and Library Services

        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

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

        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

        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

        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

        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.

    [[Page 112 STAT. 2681-286]]

                                 Presidio Trust

        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,

    [[Page 112 STAT. 2681-287]]

            in expending the assistance, purchase only American-made
            equipment and products.
                (2) Notice to recipients of assistance.--In providing
            financial assistance using funds made available in this Act, the
            head of each Federal agency shall provide to each recipient of
            the assistance
    a notice describing the statement made in paragraph (1) by the Congress.

        (c) Prohibition of Contracts With Persons Falsely Labeling Products
    as Made in America.--If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to receive
    any contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
        Sec. 308. None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant sequoia
    (Sequoiadendron giganteum) which are located on National Forest System
    or Bureau of Land Management lands in a manner different than such sales
    were conducted in fiscal year 1995.
        Sec. 309. None of the funds made available by this Act may be
    obligated or expended by the National Park Service to enter into or
    implement a concession contract which permits or requires the removal of
    the underground lunchroom at the Carlsbad Caverns National Park.
        Sec. 310. None of the funds appropriated or otherwise made available
    by this Act may be used for the AmeriCorps program, unless the relevant
    agencies of the Department of the Interior and/or Agriculture follow
    appropriate reprogramming guidelines: Provided, That if no funds are
    provided for the AmeriCorps program by the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 1999, then none of the funds appropriated or
    otherwise made available by this Act may be used for the AmeriCorps
    programs.
        Sec. 311. None of the funds made available in this Act may be used:
    (1) to demolish the bridge between Jersey City, New Jersey, and Ellis
    Island; or (2) to prevent pedestrian use of such bridge, when it is made
    known to the Federal official having authority to obligate or expend
    such funds that such pedestrian use is consistent with generally
    accepted safety standards.
        Sec. 312. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not apply if
    the Secretary of the Interior determines that, for the claim concerned:
    (1) a patent application was filed with the Secretary on or before
    September 30, 1994; and (2) all requirements established under sections
    2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
    lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
    Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
    may be, were fully complied with by the applicant by that date.

    [[Page 112 STAT. 2681-288]]

        (c) Report.--On September 30, 1999, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Resources of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate a report on
    actions taken by the Department under the plan submitted pursuant to
    section 314(c) of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Management to conduct a mineral examination of
    the mining claims or mill sites contained in a patent application as set
    forth in subsection (b). The Bureau of Land Management shall have the
    sole responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.

        Sec. 313. None of the funds appropriated or otherwise made available
    by this Act may be used for the purposes of acquiring lands in the
    counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne
    National Forest.
        Sec. 314. Notwithstanding any other provision of law, amounts
    appropriated to or earmarked in committee reports for the Bureau of
    Indian Affairs and the Indian Health Service by Public Laws 103-138,
    103-332, 104-134, 104-208 and 105-83 for payments to tribes and tribal
    organizations for contract support costs associated with self-
    determination or self-governance contracts, grants, compacts, or annual
    funding agreements with the Bureau of Indian Affairs or the Indian
    Health Service as funded by such Acts, are the total amounts available
    for fiscal years 1994 through 1998 for such purposes, except that, for
    the Bureau of Indian Affairs, tribes and tribal organizations may use
    their tribal priority allocations for unmet indirect costs of ongoing
    contracts, grants, self-governance compacts or annual funding
    agreements.
        Sec. 315. Notwithstanding any other provision of law, for fiscal
    year 1999 the Secretaries of Agriculture and the Interior are authorized
    to limit competition for watershed restoration project contracts as part
    of the ``Jobs in the Woods'' component of the President's Forest Plan
    for the Pacific Northwest to individuals and entities in historically
    timber-dependent areas in the States of Washington, Oregon, and northern
    California that have been affected by reduced timber harvesting on
    Federal lands.
        Sec. 316. None of the funds collected under the Recreational Fee
    Demonstration program may be used to plan, design, or construct a
    visitor center or any other permanent structure without prior approval
    of the House and the Senate Committees on Appropriations if the
    estimated total cost of the facility exceeds $500,000.
        Sec. 317. (a) None of the funds made available in this Act or any
    other Act providing appropriations for the Department of the Interior,
    the Forest Service or the Smithsonian Institution may be used to submit
    nominations for the designation of Biosphere Reserves pursuant to the
    Man and Biosphere program administered by the United Nations
    Educational, Scientific, and Cultural Organization.

    [[Page 112 STAT. 2681-289]]

        (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. <<NOTE: 16 USC 459j-4 note.>> 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.

    [[Page 112 STAT. 2681-290]]

        Sec. 323. (a)  <<NOTE: 16 USC 1011 note.>> 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.

    [[Page 112 STAT. 2681-291]]

        (b) In this section:
                (1) The term ``underserved population'' means a population
            of individuals who have historically been outside the purview of
            arts and humanities programs due to factors such as a high
            incidence of income below the poverty line or to geographic
            isolation.
                (2) The term ``poverty line'' means the poverty line (as
            defined by the Office of Management and Budget, and revised
            annually in accordance with section 673(2) of the Community
            Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
            family of the size involved.

        (c) In providing services and awarding financial assistance under
    the National Foundation on the Arts and Humanities Act of 1965 with
    funds appropriated by this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that will encourage public knowledge, education,
    understanding, and appreciation of the arts.
        (d) With funds appropriated by this Act to carry out section 5 of
    the National Foundation on the Arts and Humanities Act of 1965--
                (1) the Chairperson shall establish a grant category for
            projects, productions, workshops, or programs that are of
            national impact or availability or are able to tour several
            States;
                (2) the Chairperson shall not make grants exceeding 15
            percent, in the aggregate, of such funds to any single State,
            excluding grants made under the authority of paragraph (1);
                (3) the Chairperson shall report to the Congress annually
            and by State, on grants awarded by the Chairperson in each grant
            category under section 5 of such Act; and
                (4) the Chairperson shall encourage the use of grants to
            improve and support community-based music performance and
            education.

        Sec. 325. None of the funds in this Act may be used for planning,
    design or construction of improvements to Pennsylvania Avenue in front
    of the White House without the advance approval of the House and Senate
    Committees on Appropriations.
        Sec. 326. <<NOTE: 40 USC 1003 note.>>  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.

         <<NOTE: 16 USC 460l-6a note.>> 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

    [[Page 112 STAT. 2681-292]]

    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. <<NOTE: 16 USC 535a.>>  (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

    [[Page 112 STAT. 2681-293]]

    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 <<NOTE: 43 USC 1474d.>>  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,

    [[Page 112 STAT. 2681-294]]

    1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
    Agriculture, without regard to the State in which the amounts were
    derived, to repair or reconstruct roads, bridges, and trails on National
    Forest System lands or to carry out and administer projects to improve
    forest health conditions, which may include the repair or reconstruction
    of roads, bridges, and trails on National Forest System lands in the
    wildland-community interface where there is an abnormally high risk of
    fire. The projects shall emphasize reducing risks to human safety and
    public health and property and enhancing ecological functions, long-term
    forest productivity, and biological integrity. The Secretary shall
    commence the projects during fiscal year 1999, but the projects may be
    completed in a subsequent fiscal year. Funds shall not be expended under
    this section to replace funds which would otherwise appropriately be
    expended from the timber salvage sale fund. Nothing in this section
    shall be construed to exempt any project from any environmental law.
        Sec. 333. Section 5 of the Arts and Artifacts Indemnity Act (20
    U.S.C. 974) is amended--
                (1) in subsection (b) by striking ``$3,000,000,000'' and
            inserting ``$5,000,000,000'';
                (2) in subsection (c) by striking ``$300,000,000'' and
            inserting ``$500,000,000'';
                (3) by striking ``or'' at the end of subsection (d)(4);
                (4) in subsection (d)(5) by striking ``$200,000,000 or
            more'' and inserting ``not less than $200,000,000 but less than
            $300,000,000'' and by striking the final period and inserting a
            semicolon; and
                (5) by inserting the following two new subsections after
            subsection (d)(5):
                ``(6) not less than $300,000,000 but less than $400,000,000,
            then coverage under this chapter shall extend only to loss or
            damage in excess of the first $300,000 of loss or damage to
            items covered; or
                ``(7) $400,000,000 or more, then coverage under this chapter
            shall extend only to loss or damage
    in excess of the first $400,000 of loss or damage to items covered.''.

        Sec. 334. Tulare Conveyance. (a) In General.--Subject to subsections
    (c) and (d), all conveyances to the Redevelopment Agency of the City of
    Tulare, California, of lands described in subsection (b), heretofore or
    hereafter, made directly by the Southern Pacific Transportation Company,
    or its successors, are hereby validated to the extent that the
    conveyances would be legal or valid if all right, title, and interest of
    the United States, except minerals, were held by the Southern Pacific
    Transportation Company.
        (b) Lands Described.--The lands referred to in subsection (a) are
    the parcels shown on the map entitled ``Tulare Redevelopment Agency-
    Railroad Parcels Proposed to be Acquired'', dated May 29, 1997, that
    formed part of a railroad right-of-way granted to the Southern Pacific
    Railroad Company, or its successors, agents, or assigns, by the Federal
    Government (including the right-of-way approved by an Act of Congress on
    July 27, 1866). The map referred to in this subsection shall be on file
    and available for public inspection in the offices of the Director of
    the Bureau of Land Management.

    [[Page 112 STAT. 2681-295]]

        (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. <<NOTE: 16 USC 3503 note.>> 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)) <<NOTE: 25 USC 1645.>>  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 <<NOTE: 25 USC 2717 note.>> amended by striking ``self-regulated
    tribes such as''.
          Sec. 339. <<NOTE: 16 USC 3102 note.>> (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).

    [[Page 112 STAT. 2681-296]]

                (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. <<NOTE: 16 USC 544g note.>>  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. <<NOTE: 16 USC 90a-1 note.>> (a) Boundary Adjustments.--
                (1) Lake chelan national recreation area.--The boundary of
            the Lake Chelan National Recreation Area, established

    [[Page 112 STAT. 2681-297]]

            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.  <<NOTE: 16 USC 1642 note.>> Hardwood Technology Transfer
    and Applied Research. (a) The Secretary of Agriculture (hereinafter the
    ``Secretary'') is hereby authorized to conduct technology transfer and
    development, training, dissemination of information and applied research
    in the management, processing and utilization of the hardwood forest
    resource. This authority is in addition to any other authorities which
    may be available to the Secretary including, but not limited to, the
    Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101
    et. seq.), and the Forest and Rangeland Renewable Resources Act of 1978,
    as amended (16 U.S.C. 1600-1614).

        (b) In carrying out this authority, the Secretary may enter into
    grants, contracts, and cooperative agreements
    with public and private agencies, organizations, corporations,
    institutions and individuals. The Secretary may accept gifts and
    donations pursuant to the Act of October 10, 1978 (7 U.S.C. 2269)
    including gifts and donations from a donor that conducts business with
    any agency of the Department of Agriculture or is regulated by the
    Secretary of Agriculture.

        (c) The Secretary is authorized, on such terms and conditions as the
    Secretary may prescribe, to assume all rights, title, and interest,
    including all outstanding assets, of the Robert C. Byrd Hardwood
    Technology Center, Inc. (hereinafter the ``Center''), a non-profit
    corporation existing under the laws of the State of West Virginia:
    Provided, That the Board of Directors of the Center requests such an
    action and dissolves the corporation consistent with the Articles of
    Incorporation and the laws of the State of West Virginia.

    [[Page 112 STAT. 2681-298]]

        (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. <<NOTE: 16 USC 497d note.>> 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 <<NOTE: 16 USC 580d.>> by deleting the words ``recondition and
    maintain,'' substituting in lieu thereof the words ``renovate,
    recondition, improve, and maintain''.

        Sec. 347. <<NOTE: 16 USC 2104 note.>>  Stewardship End Result
    Contracting Demonstration Project. (a) In General.--Until September 30,
    2002, the Forest Service may enter into no more than twenty-eight (28)
    contracts with private persons and entities, of which Region One of the
    Forest Service shall have the authority to enter into nine (9) such
    contracts, to perform services to achieve land management goals for the
    national forests that meet local and rural community needs.

        (b) Land Management Goals.--The land management goals of a contract
    under subsection (a) may include, among other things--
                (1) road and trail maintenance or obliteration to restore or
            maintain water quality;
                (2) soil productivity, habitat for wildlife and fisheries,
            or other resource values;
                (3) setting of prescribed fires to improve the composition,
            structure, condition, and health of stands or to improve
            wildlife habitat;
                (4) noncommercial cutting or removing of trees or other
            activities to promote healthy forest stands, reduce fire
            hazards, or achieve other non-commercial objectives;
                (5) watershed restoration and maintenance;
                (6) restoration and maintenance of wildlife and fish
            habitat; and

    [[Page 112 STAT. 2681-299]]

                (7) control of noxious and exotic weeds and reestablishing
            native plant species.

        (c) Contracts.--
                (1) Procurement procedure.--A source for performance of a
            contract under subsection (a) shall be selected on a best-value
            basis, including consideration of source under other public and
            private contracts.
                (2) Term.--A multiyear contract may be entered into under
            subsection (a) in accordance with section 304B of the Federal
            Property and Administrative Services Act of 1949 (41 U.S.C.
            254c), except that the period of the contract may exceed 5 years
            but may not exceed 10 years.
                (3) Offsets.--
                        (A) In general.--In connection with contracts under
                    subsection (a), the Forest Service may apply the value
                    of timber or other forest products removed as an offset
                    against the cost of services received.
                        (B) Methods of appraisal.--The value of timber or
                    other forest products used as offsets under subparagraph
                    (A)--
                              (i) shall be determined using appropriate
                          methods of appraisal commensurate with the
                          quantity of products to be removed;
                              (ii) may be determined using a unit of measure
                          appropriate to the contracts; and
                              (iii) may include valuing products on a per-
                          acre basis.
                (4) Relation to other laws.--The Forest Service may enter
            into contracts under subsection (a), notwithstanding subsections
            (d) and (g) of section 14 of the National Forest Management Act
            of 1976 (16 U.S.C. 472a).

        (d) Receipts.--
                (1) In general.--The Forest Service may collect monies from
            a contract under subsection (a) so long as such collection is a
            secondary objective of negotiating contracts that will best
            achieve the purposes of this section.
                (2) Use.--Monies from a contract under subsection (a) may be
            retained by the Forest Service and shall be available for
            expenditure without further appropriation at the demonstration
            project site from which the monies are collected or at another
            demonstration project site.
                (3) Relation to other laws.--The value of services received
            by the Secretary under a stewardship contract project conducted
            under this section, and any payments made or resources provided
            by the contractor or the Secretary under such a project, shall
            not be considered to be monies received from the National Forest
            System under any provision of law. The Act of June 9, 1930 (16
            U.S.C. 576 et seq.; commonly known as the Knutson-Vandenberg
            Act), shall not apply to stewardship contracts entered into
            under this section.

        (e) Costs of Removal.--The Forest Service may collect deposits from
    contractors covering the costs of removal of timber or other forest
    products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter
    313; 16 U.S.C. 490); and the next to the last paragraph under the
    heading ``Forest Service.'' under the heading ``Department
    of Agriculture'' in the Act of June 30, 1914 (38

    [[Page 112 STAT. 2681-300]]

    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.
        Section 349. <<NOTE: 30 USC 81 note.>>  Protection of Sanctity of
    Contracts and Leases of Surface Patent Holders With Respect to Coalbed
    Methane Gas. (a) In General.--Subject to subsection (b), the United
    States shall recognize as not infringing upon any ownership rights of
    the United States to coalbed methane any--
                (1) contract or lease covering any land that was conveyed by
            the United States under the Act entitled ``An Act for the
            protection of surface rights of entrymen'', approved March 3,
            1909 (30 U.S.C. 81), or the Act entitled ``An Act to provide for
            agricultural entries on coal lands'',
    approved June 22, 1910 (30 U.S.C. 83 et seq.), that was--
                        (A) entered into by a person who has title to said
                    land derived under said Acts, and
                        (B) that conveys rights to explore for, extract, and
                    sell coalbed methane from said land; or
                (2) coalbed methane production from the lands described in
            subsection (a)(1) by a person who has title to said land

    [[Page 112 STAT. 2681-301]]

            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. 83 et seq.), the
            position of the United States as the owner of the coal not
            having passed to a third party by deed, patent or other
            conveyance by the United States;
                (4) shall not apply to any interest in coal or land
            conveyed, restored, or transferred by the United States to a
            federally recognized Indian tribe, including any conveyance,
            restoration, or transfer made pursuant to the Indian
            Recorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as
            amended); the Act of June 28, 1938, (c. 776, 52 Stat. 1209 as
            implemented by the order of September 14, 1938, 3 Fed. Reg.
            1425); and including the area described in Sec. 3 of P.L. 98-
            290; or any executive order;
                (5) shall not be construed to constitute a waiver of any
            rights of the United States with respect to coalbed methane
            production that is not subject to subsection (a);
                (6) shall not limit the right of any person who entered into
            a contract or lease before the date of enactment of this Act, or
            enters into a contract or lease on or after the date of
            enactment of this Act, for coal owned by the United States, to
            mine and remove the coal and to release coalbed methane without
            liability to any person referred to in subsection (a)(1)(A) or
            (a)(2).

        Sec. 350. No timber in Region 10 of the Forest Service shall be
    advertised for sale which, when using domestic Alaska western red cedar
    selling values and manufacturing costs, fails to provide at least 60
    percent of normal profit and risk of the appraised timber, except at the
    written request by a prospective bidder. Program accomplishments shall
    be based on volume sold. Should Region 10 sell, in fiscal year 1999, the
    annual average portion of the decadal allowable sale quantity called for
    in the current Tongass Land Management Plan which provides greater than
    60 percent of normal profit and risk at the time of the sale
    advertisement, all of the western red cedar timber from those sales
    which is surplus to the needs of domestic processors in Alaska, shall be
    made available to domestic processors in the contiguous 48 United States
    based on values in the Pacific
    Northwest as determined by the Forest Service and stated in the timber
    sale contract. Should Region 10 sell, in fiscal year 1999, less than the
    annual average portion of the decadal allowable sale quantity called for
    in the current Tongass Land Management Plan meeting the 60 percent of
    normal profit and risk standard at the time of sale advertisement, the
    volume of western red cedar timber available

    [[Page 112 STAT. 2681-302]]

    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-Bitterroot area of Idaho and
    adjacent Montana. Nothing in this section shall prohibit the Department
    of the Interior, the Forest Service, or any other Federal agency from
    using funds to produce a final environmental impact statement that will
    include an analysis of the habitat based population viability study
    completed in 1998, receive public comment on such final environmental
    impact statement, or issue a Record of Decision.

        Sec. 353. King Cove Health and Safety. (a) Road on King Cove
    Corporation Lands.--Of the funds appropriated in this section, not later
    than 60 days after the date of enactment of this Act, $20,000,000 shall
    be made available to the Aleutians East Borough for the construction of
    an unpaved road not more than 20 feet in width, a dock, and marine
    facilities and equipment. Such road shall be constructed on King Cove
    Corporation Lands and shall extend from King Cove to such dock. The
    Aleutians East Borough, in consultation with the State of Alaska, shall
    determine the appropriate location of such dock and marine facilities.
    In no instance may any part of such road, dock, marine facilities or
    equipment enter or pass over any land within the Congressionally-
    designated wilderness in the Izembek National Wildlife Refuge

    [[Page 112 STAT. 2681-303]]

    (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 <<NOTE: 16 USC
    544b.>> 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 <<NOTE: 16 USC 544b note.>> amendment made by
    subsection (a)--
                (1) is intended to achieve the intent of Congress set forth
            in Public Law 98-396; and
                (2) is not intended to set a precedent regarding adjustment
            or amendment of any boundaries of the
    Columbia River Gorge National Scenic Area or any other provisions of the
    Columbia River Gorge National Scenic Area Act.

        Sec. 355. Section 5580 of the Revised Statutes (20 U.S.C. 42) is
    amended--
                (1) by inserting ``(a)'' before ``The business''; and
                (2) by adding at the end the following:

    [[Page 112 STAT. 2681-304]]

        ``(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.), <<NOTE: 25 USC 305f.>> 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

    [[Page 112 STAT. 2681-305]]

    be deemed to be a reference to the ``David Skaggs Federal
    Building''. This provision shall take effect on January 3, 1999.

        Sec. 360. The Federal building located at 201 14th Street, S.W. in
    Washington, D.C., shall be known and redesignated as the ``Sidney R.
    Yates Federal Building''. Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the Federal
    building referred to in this provision shall be deemed to be a reference
    to the ``Sidney R. Yates Federal Building''. This provision shall take
    effect on January 3, 1999.
        Sec. 361. If all of the funding approved for release by the
    Committees on September 3, 1998, pursuant to Title V--Priority Land
    Acquisitions, Land Exchanges, and Maintenance in Public Law 105-83 is
    not apportioned to and made available for obligation by the relevant
    land management agencies within five days of the enactment of this Act,
    those funds are rescinded.
          Sec. 362. Section 219 of the Federal Crop Insurance Reform and
    Department of Agriculture Reorganization Act of 1994,
    Pub. L. 103-354, 7 U.S.C. Sec. 6919, is hereby repealed.

                                    TITLE IV

          THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT

        Sec. 401.  <<NOTE: Herger-Feinstein Quincy Library Group Forest
    Recovery Act. 16 USC 2104 note.>> Pilot Project for Plumas, Lassen, and
    Tahoe National Forests to Implement Quincy Library Group Proposal. (a)
    Definition.--For purposes of this section, the term ``Quincy Library
    Group-Community Stability Proposal'' means the agreement by a coalition
    of representatives of fisheries, timber, environmental, county
    government, citizen groups, and local communities that formed in
    northern California to develop a resource management program that
    promotes ecologic and economic health for certain Federal lands and
    communities in the Sierra Nevada area. Such proposal includes the map
    entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated
    October 12, 1993, and prepared by VESTRA Resources of Redding,
    California.

        (b) Pilot Project Required.--
                (1) Pilot project and purpose.--The Secretary of Agriculture
            (in this section referred to as the ``Secretary''), acting
            through the Forest Service and after completion of an
            environmental impact statement (a record of decision for which
            shall be adopted within 300 days), shall conduct a pilot project
            on the Federal lands described in paragraph (2) to implement and
            demonstrate the effectiveness of the resource management
            activities described in subsection (d) and the other
            requirements of this section, as recommended in the Quincy
            Library Group-Community Stability Proposal.
                (2) Pilot project area.--The Secretary shall conduct the
            pilot project on the Federal lands within
    Plumas National Forest, Lassen National Forest, and the Sierraville
    Ranger District of Tahoe National Forest in the State of California
    designated as ``Available for Group Selection'' on the map entitled
    ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated October 12,
    1993 (in this section referred to as the ``pilot project area''). Such
    map shall be on file and available for inspection in the appropriate
    offices of the Forest Service.

    [[Page 112 STAT. 2681-306]]

        (c) Exclusion of Certain Lands, Riparian Protection and
    Compliance.--
                (1) Exclusion.--All spotted owl habitat areas and protected
            activity centers located within the pilot project area
            designated under subsection (b)(2) will be deferred from
            resource management activities required under subsection (d) and
            timber harvesting during the term of the pilot project.
                (2) Riparian protection.--
                        (A) In general.--The Scientific Analysis Team
                    guidelines for riparian system protection described in
                    subparagraph (B) shall apply to all resource management
                    activities conducted under subsection (d) and all timber
                    harvesting activities that occur in the pilot project
                    area during the term of the pilot project.
                        (B) Guidelines described.--The guidelines referred
                    to in subparagraph (A) are those in the document
                    entitled ``Viability Assessments and Management
                    Considerations for Species Associated with Late-
                    Successional and Old-Growth Forests of the Pacific
                    Northwest'', a Forest Service research document dated
                    March 1993 and co-authored by the Scientific Analysis
                    Team, including Dr. Jack Ward Thomas.
                        (C) Limitation.--Nothing in this section shall be
                    construed to require the application of the Scientific
                    Analysis Team guidelines to any livestock grazing in the
                    pilot project area during the term of the pilot project,
                    unless the livestock grazing is being conducted in the
                    specific location at which the Scientific Analysis Team
                    guidelines are being applied to an activity under
                    subsection (d).
                (3) Compliance.--All resource management activities required
            by subsection (d) shall be implemented to the extent consistent
            with applicable Federal law and the standards and guidelines for
            the conservation of the California spotted owl as set forth in
            the California Spotted Owl Sierran Provence Interim Guidelines
            or the subsequently issued guidelines, whichever are in effect.
                (4) Roadless area protection.--The Regional Forester for
            Region 5 shall direct that any resource management activity
            required by subsection (d)(1) and (2), all road building, all
            timber harvesting activities, and any riparian management under
            subsection (d)(4) that utilizes road construction or timber
            harvesting shall not be conducted on Federal lands within the
            Plumas National Forest, Lassen National Forest, and the
            Sierraville Ranger District of the Tahoe National Forest that
            are designated as either ``Off Base'' or ``Deferred'' on the map
            referred to in subsection (a). Such direction shall be effective
            during the term of the pilot project.

        (d) Resource Management Activities.--During the term of the pilot
    project, the Secretary shall implement and carry out the following
    resource management activities on an acreage basis on the Federal lands
    included within the pilot project area designated under subsection
    (b)(2):
                (1) Fuelbreak construction.--Construction of a strategic
            system of defensible fuel profile zones, including shaded
            fuelbreaks, utilizing thinning, individual tree selection, and
            other methods of vegetation
    management consistent with the Quincy Library Group-Community Stability
    Proposal, on not less than 40,000, but not more than 60,000, acres per
    year.

    [[Page 112 STAT. 2681-307]]

                (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

    [[Page 112 STAT. 2681-308]]

                        (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).

    [[Page 112 STAT. 2681-309]]

                        (D) A description of the economic benefits to local
                    communities achieved by the implementation of the pilot
                    project.
                        (E) A comparison of the revenues generated by, and
                    costs incurred in, the implementation of the resource
                    management activities
    described in subsection (d) on the Federal lands included in the pilot
    project area with the revenues and costs during each of the fiscal years
    1992 through 1997 for timber management of such lands before their
    inclusion in the pilot project.
                        (F) A proposed schedule for the resource management
                    activities to be undertaken in the pilot project area
                    during the 1-year period beginning on the date of
                    submittal of the report.
                        (G) A description of any adverse environmental
                    impacts from the pilot project.
                (2) Limitation on expenditures.--The amount of Federal funds
            expended on each annual report under this subsection shall not
            exceed $125,000.

        (k) Final Report.--
                (1) In general.--The Secretary shall establish an
            independent scientific panel to review and report on whether,
            and to what extent, implementation of the pilot project under
            this section achieved the goals stated in the Quincy Library
            Group-Community Stability Proposal, including improved
            ecological health and community stability. The membership of the
            panel shall reflect expertise in diverse disciplines in order to
            adequately address all of those goals.
                (2) Preparation.--The panel shall initiate such review no
            sooner than 18 months after the first day of the term of the
            pilot project under subsection (g). The panel shall prepare the
            report in consultation with interested members of the public,
            including the Quincy Library Group. The report shall include,
            but not be limited to, the following:
                        (A) A description of any adverse environmental
                    impacts resulting from implementation of the pilot
                    project.
                        (B) An assessment of watershed monitoring data on
                    lands treated pursuant to this section. Such assessment
                    shall address the following issues on a priority basis:
                    timing of water releases; water quality changes; and
                    water yield changes over the short- and long-term in the
                    pilot project area.
                (3) Submission to the congress.--The panel shall submit the
            final report to the Congress as soon as practicable, but in no
            case later than 18 months after completion of the pilot project.
                (4) Limitation on expenditures.--The amount of Federal funds
            expended for the report under this subsection, other than for
            watershed monitoring, shall not exceed $350,000. The amount of
            Federal funds expended for watershed monitoring under this
            subsection shall not exceed $175,000 for each fiscal year in
            which the report is prepared.

        (l) Relationship to Other Laws.--Nothing in this section exempts the
    pilot project from any Federal environmental law.
        (m) Loans for Demonstration Projects for Wood Waste or Low-Quality
    Wood Byproducts.--

    [[Page 112 STAT. 2681-310]]

                (1) Evaluation of loan advisability.--The Alternative
            Agricultural Research and Commercialization Corporation
            established under section 1658 of the Food, Agriculture,
            Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this
            section referred to as the ``Corporation'') shall evaluate the
            advisability of making commercialization assistance loans under
            section 1661 of such Act (7 U.S.C. 5905) to support a minimum of
            2 demonstration projects for the development and demonstration
            of commercial application of technology to convert wood waste or
            low-quality wood byproducts into usable, higher value products.
                (2) Location of demonstration projects.--If the Corporation
            determines to make
    loans under this subsection to support the development and demonstration
    of commercial application of technology to convert wood waste or low-
    quality wood byproducts into usable, higher value products, the
    Corporation shall consider making one loan with regard to a
    demonstration project to be conducted in the pilot project area and one
    loan with regard to a demonstration project to be conducted in southeast
    Alaska.
                (3) Eligibility requirements.--To be eligible for a loan
            under this subsection, a demonstration project shall be required
            to satisfy the eligibility requirements imposed by the
            Corporation under section 1661 of the Food, Agriculture,
            Conservation, and Trade Act of 1990 (7 U.S.C. 5905).

        Sec. 402. Short Title. Section 401 of this title may be cited as the
    ``Herger-Feinstein Quincy Library Group Forest Recovery Act''.

     <<NOTE: The Land Between the Lakes Protection Act of 1998.>> TITLE V--
    LAND BETWEEN THE LAKES PROTECTION ACT

    SEC. 501. <<NOTE: 16 USC 460lll note.>> SHORT TITLE.

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

    <<NOTE: 16 USC 460lll note.>> 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--

    [[Page 112 STAT. 2681-311]]

                              (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. <<NOTE: 16 USC 460lll-1.>>  PURPOSES.

        The purposes of this title are--
                (1) to transfer without consideration administrative
            jurisdiction over the Recreation Area from the Tennessee Valley

    [[Page 112 STAT. 2681-312]]

            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. <<NOTE: 16 USC 460lll-11.>>  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.

    [[Page 112 STAT. 2681-313]]

                (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. <<NOTE: 16 USC 460lll-12.>> 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. <<NOTE: 16 USC 460lll-13.>>  PAYMENTS TO STATES AND COUNTIES.

        (a) Payments in Lieu of Taxes.--Land within the Recreation Area
    shall be subject to the provisions for payments in lieu of taxes under
    chapter 69 of title 31, United States Code.
        (b) Distribution.--All amounts received from charges, use fees, and
    natural resource utilization, including
    timber and agricultural receipts, shall not be subject to distribution
    to States under the Act of May 23, 1908 (16 U.S.C. 500).

        (c) Payments by the Tennessee Valley Authority.--After the transfer
    of administrative jurisdiction is made under section 541--
                (1) the Tennessee Valley Authority shall continue to
            calculate the amount of payments to be made to States and
            counties under section 13 of the Tennessee Valley Authority Act
            of 1933 (16 U.S.C. 831l); and
                (2) each State (including, for the purposes of this
            subsection, the State of Kentucky, the State of Tennessee, and
            any other State) that receives a payment under that section
            shall continue to calculate the amounts to be distributed to the
            State and local governments, as though the transfer had not been
            made.

    SEC. 514. <<NOTE: 16 USC 460lll-14.>>  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.

    [[Page 112 STAT. 2681-314]]

        (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. <<NOTE: 16 USC 460lll-21.>>  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. <<NOTE: 16 USC 460lll-22.>>  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--

    [[Page 112 STAT. 2681-315]]

                (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. <<NOTE: 16 USC 460lll-23.>>  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. <<NOTE: 16 USC 460lll-24.>> 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. <<NOTE: 16 USC 460lll-25.>>  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

    [[Page 112 STAT. 2681-316]]

            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. <<NOTE: 16 USC 460lll-26.>>  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.

    [[Page 112 STAT. 2681-317]]

    SEC. 527. <<NOTE: 16 USC 460lll-27.>> 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. <<NOTE: 16 USC 460lll-28.>>  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. <<NOTE: 16 USC 460lll-29.>> 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. <<NOTE: 16 USC 460lll-30.>> 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. <<NOTE: 16 USC 460lll-31.>> 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.

    [[Page 112 STAT. 2681-318]]

        (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. <<NOTE: 16 USC 460lll-41.>> 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. <<NOTE: 16 USC 460lll-42.>>  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. <<NOTE: 16 USC 460lll-43.>>  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. <<NOTE: 16 USC 460lll-44.>>  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.

    [[Page 112 STAT. 2681-319]]

        (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. <<NOTE: 16 USC 460lll-45.>>  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 Tennessee
    Valley Authority, the Secretary may exclude movable property from
    transfer based on a showing by the Tennessee Valley Authority that the
    property is vital to the mission of the Tennessee Valley Authority and
    cannot be replaced in a cost-effective manner, if the Secretary
    determines that the property is not needed for management of the
    Recreation Area.

        (b) Designation.--Pursuant to such procedures as may be prescribed
    in the memorandum of agreement entered into under section 543, the
    Secretary shall identify and designate, in writing, all Tennessee Valley
    Authority property to be transferred to the Secretary.
        (c) Facilitation of Transfer.--The Tennessee Valley Authority shall,
    to the maximum extent practicable, use 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--

    [[Page 112 STAT. 2681-320]]

                        (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. <<NOTE: 16 USC 460lll-46.>>  COMPLIANCE WITH ENVIRONMENTAL
                LAWS.

        (a) Documentation of Existing Conditions.--
                (1) In general.--Not later than 60 days after the date of
            transfer pursuant to section 541, the Chairman and the
            Administrator shall provide the Secretary all documentation and
            information that exists on the environmental condition of the
            land and waters comprising the Recreation Area property.
                (2) Additional documentation.--The Chairman and the
            Administrator shall provide the Secretary with any additional
            documentation and information regarding the environmental
            condition of the Recreation Area property as such documentation
            and information becomes available.

        (b) Action Required.--
                (1) Assessment.--Not later than 120 days after the date of
            transfer pursuant to section 541, the Chairman shall provide to
            the Secretary an assessment indicating what action, if any, is
            required under any environmental law on Recreation Area
            property.
                (2) Memorandum of understanding.--If the assessment
            concludes action is required under any environmental law with
            respect to any portion of the Recreation Area property, the
            Secretary and the Chairman shall enter into a memorandum of
            understanding that--
                        (A) provides for the performance by the Chairman of
                    the required actions identified in the assessment; and
                        (B) includes a schedule providing for the prompt
                    completion of the required actions to the satisfaction
                    of the Secretary.

        (c) Documentation Demonstrating Action.--On the transfer of
    jurisdiction over the Recreation Area from the Tennessee Valley
    Authority to the Secretary, the Chairman shall provide the Secretary
    with documentation
    demonstrating that all actions required under any environmental law have
    been taken, including all response actions under the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9601 et seq.) that are necessary to protect human health and the
    environment with respect to any hazardous substance, pollutant,
    contaminant, hazardous waste, hazardous material, or petroleum product
    or derivative of a petroleum product on Recreation Area property.

        (d) Continuation of Responsibilities and Liabilities.--
                (1) In general.--The transfer of the Recreation Area
            property under this title, and the requirements of this section,
            shall not in any way affect the responsibilities and liabilities
            of the Tennessee Valley Authority at the Recreation Area under
            the Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other
            environmental law.

    [[Page 112 STAT. 2681-321]]

                (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. <<NOTE: 16 USC 460lll-47.>>  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

    [[Page 112 STAT. 2681-322]]

                              (iii) the Secretary shall reimburse the
                          Tennessee Valley Authority for the amount of the
                          basic pay and all other compensation of those
                          eligible employees.
                        (B) Notice to employees.--The Secretary shall
                    provide eligible employees a written notice of not less
                    than 60 days before termination.
                        (C) Termination for cause.--Subparagraph (A) does
                    not preclude a termination for cause during the period
                    described in subparagraph (A).

        (b) Applications for Transfer and Appointment.--An eligible employee
    shall have the right to apply for employment by the Secretary under
    procedures for transfer and appointment of Federal employees outside the
    Department of Agriculture.
        (c) Hiring by the Secretary.--
                (1) In general.--Subject to subsection (b), in filling
            personnel positions within the Recreation Area, the Secretary
            shall follow all laws (including regulations) and policies
            applicable to the Department of Agriculture.
                (2) Notification and hiring.--Notwithstanding paragraph (1),
            the Secretary--
                        (A) shall notify all eligible employees of all
                    openings for positions with the Forest Service at the
                    Recreation Area before notifying other individuals or
                    considering applications by other individuals for the
                    positions; and
                        (B) after applications by eligible employees have
                    received consideration, if any positions remain
                    unfilled, shall notify other individuals of the
                    openings.
                (3) Noncompetitive appointments.--Notwithstanding any other
            placement of career transition programs authorized by the Office
            of Personnel Management of the United States Department of
            Agriculture, the Secretary may noncompetitively appoint eligible
            employees to positions in the Recreation Area.
                (4) Period of service.--Except to the extent that an
            eligible employee that is appointed by the Secretary may be
            otherwise compensated for the period of service as an employee
            of the Tennessee Valley Authority, that period of service shall
            be treated as a period of service as an employee of the
            Secretary for the purposes of probation, career tenure, time-in-
            grade, and leave.

        (d) Transfer to Positions in Other Units of the Tennessee Valley
    Authority.--The Tennessee Valley Authority--
                (1) shall notify all eligible employees of all openings for
            positions in other units of the Tennessee Valley Authority
            before notifying other individuals or considering applications
            by other individuals for the positions; and
                (2) after applications by eligible employees have received
            consideration, if any positions remain unfilled, shall notify
            other individuals of the openings.

        (e) Employee Benefit Transition.--
                (1) Memorandum of understanding.--
                        (A) In general.--The Secretary and the heads of the
                    Office of Personnel Management, the Tennessee Valley
                    Authority and the Tennessee Valley Authority Retirement
                    System shall enter into a memorandum of understanding
                    providing for the transition for all eligible employees
                    of compensation made available through the Tennessee
                    Valley Authority Retirement System.

    [[Page 112 STAT. 2681-323]]

                        (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

    [[Page 112 STAT. 2681-324]]

                              (ii) shall be entitled to carry over any leave
                          time accumulated during employment by the
                          Tennessee Valley Authority.
                        (D) Period of service.--Notwithstanding section
                    8411(b)(3) of title 5, United States Code, except to the
                    extent that an eligible employee may be otherwise
                    compensated (including the provision of retirement
                    benefits in accordance with the memorandum of
                    understanding) for the period of service as an employee
                    of the Tennessee Valley Authority, that period of
                    service shall be treated as a period of service as an
                    employee of the U.S. Department of Agriculture for all
                    purposes relating to the Federal employment of the
                    eligible employee.
                (4) Eligible employees that are discharged not for cause.--
                        (A) Level of benefits.--The parties to the
                    memorandum of understanding shall have authority to deem
                    any applicable requirement to
    be met, to make payments to an employee, or take any other action
    necessary to provide to an eligible employee that is discharged as being
    excess to the needs of the Tennessee Valley Authority or the Secretary
    and not for cause and that does not accept an offer of employment from
    the Secretary, an optimum level of retirement and health benefits that
    is equivalent to the level that has been afforded employees discharged
    in previous reductions in force by the Tennessee Valley Authority.
                        (B) Minimum benefits.--An eligible employee that is
                    discharged as being excess to the needs of the Tennessee
                    Valley Authority or the Secretary and not for cause
                    shall, at a minimum be entitled to--
                              (i) at the option of the eligible employee--
                                        (I) a lump-sum equal to $1,000,
                                    multiplied by the number of years of
                                    service of the eligible employee (but
                                    not less that $15,000 nor more than
                                    $25,000);
                                        (II) a lump-sum payment equal to the
                                    amount of pay earned by the eligible
                                    employee for the last 26 weeks of the
                                    eligible employee's service; or
                                        (III) the deemed addition of 5 years
                                    to the age and the years of service of
                                    an eligible employee;
                              (ii) 15 months of health benefits for
                          employees and dependents at the same level
                          provided as of the date of transfer pursuant to
                          section 541;
                              (iii) 1 week of pay per year of service as
                          provided by the Tennessee Valley Authority
                          Retirement System;
                              (iv) a lump-sum payment of all accumulated
                          annual leave;
                              (v) unemployment compensation in accordance
                          with State law;
                              (vi) eligible pension benefits as provided by
                          the Tennessee Valley Authority Retirement System;
                          and
                              (vii) retraining assistance provided by the
                          Tennessee Valley Authority.
                        (C) Shortfall.--If the board of directors of the
                    Tennessee Valley Authority Retirement System determines

    [[Page 112 STAT. 2681-325]]

                    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. <<NOTE: 16 USC 460lll-48.>>  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. <<NOTE: 16 USC 460lll-49.>>  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.

    [[Page 112 STAT. 2681-326]]

                               Subtitle D--Funding

    SEC. 551. <<NOTE: 16 USC 460lll-61.>> 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

          <<NOTE: Interstate 90 Land Exchange Act of 1998. 16 USC 539k
    note.>> 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;

    [[Page 112 STAT. 2681-327]]

                        (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 for
    consolidation into Plum Creek ownership utilizing a land exchange
    because the parcels--
                        (A) are intermingled with parcels owned by Plum
                    Creek; and
                        (B)(i) are generally located in less environmentally
                    sensitive areas than the Plum Creek offered land; and
                        (ii) have lower public recreation and other public
                    values than the Plum Creek offered land;
                (6) time is of the essence in consummating a land exchange
            because delays may force Plum Creek to road or log the offered
            land and thereby diminish the public values for which the
            offered land is to be acquired; and
                (7) it is in the public interest to complete the land
            exchange at the earliest practicable date so that the offered
            land can be acquired and preserved by the United States for
            permanent public management, use, and enjoyment.

        (b) Purpose.--It is the purpose of this Act to further the public
    interest by authorizing, directing, facilitating, and expediting the
    consummation of the Interstate 90 land exchange so as to ensure that the
    offered land is expeditiously acquired for permanent public use and
    enjoyment.

    SEC. 603. DEFINITIONS.

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

    [[Page 112 STAT. 2681-328]]

                (4) Selected land.--The term ``selected land'' means all
            right, title and interest, including the surface and subsurface
            interests, unless Plum Creek agrees otherwise, in land described
            in section 604(b) to be conveyed into the private ownership of
            Plum Creek under this Act.

    SEC. 604. LAND EXCHANGE.

        (a) Condition and Conveyance of Offered Land.--The exchange directed
    by this Act shall be consummated if Plum Creek conveys title acceptable
    to the Secretary in and to the lands described in subsection (d), the
    offered lands described in paragraphs (1) and (2), or, if necessary, the
    lands and interests in land as provided in subsection (c).
                (1) Certain land comprising approximately 8,808 acres and
            located within the exterior boundaries of the Mt. Baker-
            Snoqualmie National Forest, Washington, as generally depicted on
            a map entitled ``Interstate 90 Land Exchange'', dated October
            1998; and
                (2) Certain land comprising approximately 53,576 acres and
            located within or adjacent to the exterior boundaries of the
            Wenatchee National Forest, Washington, as generally depicted on
            a map entitled ``Interstate 90 Land Exchange'', dated October
            1998.

        (b) Conveyance of Selected Land by the United States.--Upon receipt
    of acceptable title to the offered land, and lands and interests
    described in subsection (d), the Secretary shall simultaneously convey
    to Plum Creek all right, title and interest of the United States,
    subject to valid existing rights, in and to the following selected land:
                (1) Certain land administered, as of the date of enactment
            of this Act, by the Secretary of Agriculture as part of the Mt.
            Baker-Snoqualmie National Forest, Washington, and comprising
            approximately
    5,697 acres, as generally depicted on a map entitled ``Interstate 90
    Land Exchange'', dated October 1998.
                (2) Certain land administered, as of the date of enactment
            of this Act, by the Secretary of Agriculture as part of the
            Wenatchee National Forest, Washington, and comprising
            approximately 5,197 acres, as generally depicted on a map
            entitled ``Interstate 90 Land Exchange'', dated October 1998.
                (3) Certain land administered, as of the date of enactment
            of this Act, by the Secretary of Agriculture as part of the
            Gifford Pinchot National Forest, Washington, and comprising
            approximately 5,601 acres, as generally depicted on a map
            entitled ``Interstate 90 Land Exchange'', dated October 1998.

        (c) Offered Land Title.--If Plum Creek conveys title acceptable to
    the Secretary to less than all rights and interests in the offered
    lands, but conveys title acceptable to the Secretary to all rights and
    interests that Plum Creek owns and acquires under previous agreements in
    the lands described in subsection (d), the offered lands, and lands on
    the east and west sides of Cle Elum Lake, comprising approximately 252
    acres, described as Township 21 North, Range 14 East, Section 5, and
    Lost Lake lands comprising approximately 272 acres, described as
    Township 21 North, Range 11 East, W\1/2\ of Section 3, the Secretary
    shall convey to Plum Creek all rights and interest in the selected land
    after the values of the offered and selected land are equalized. The
    values of the

    [[Page 112 STAT. 2681-329]]

    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)  <<NOTE: 16 USC 1132 note.>> Land Donation.--Plum Creek agrees
    that it will convey, in the form of a voluntary donation, title
    acceptable to the Secretary in and to lands and interests in lands
    comprising approximately 320 acres, described as Township 22 North,
    Range 11 East, S\1/2\ of Section 13, if Plum Creek conveys title to
    lands and interests pursuant to subsections (a) or (c). It is the
    intention of Congress that any portion of such donated land which the
    Secretary determines qualifies as wilderness be, upon the date of its
    acquisition by the United States, incorporated in and managed as part of
    the adjacent Alpine Lakes Wilderness (as designated by Public Law 94-
    357) in accordance with section 6(a) of the Wilderness Act (16 U.S.C.
    1135).

    SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.

        (a) Equal Value Exchange.--
                (1) In general.--The values of the offered and selected
            land--
                        (A) shall be equal; or
                        (B) if the values are not equal, shall be equalized
                    as set forth in subsections (c)-(e).
                (2) Appraisal assumption.--In order to ensure the equitable
            and uniform appraisal of both the offered and selected land
            directed for exchange by this Act, all appraisals shall
            determine the highest and best use of the offered and selected
            land in
    accordance with applicable provisions of the Washington State Forest
    Practices Act and rules and regulations thereunder, including
    alternative measures for protecting critical habitat pursuant to a
    habitat conservation plan as provided in Washington Administrative Code
    222-16-080-(6).
                (3) Appraisals.--The values of the offered land and selected
            land shall be determined by appraisals utilizing nationally
            recognized appraisal standards, including applicable provisions
            of the Uniform Appraisal Standards for Federal Land Acquisitions
            (1992), the Uniform Standards of Professional Appraisal
            Practice, and section 206(d) of the Federal Land Policy and
            Management Act of 1976, as amended (43 U.S.C. 1716(d)).
                (4) Approval by the Secretary.--The appraisals, if not
            already completed by the date of enactment of this Act, shall be
            completed and submitted to the Secretary for approval not later
            than 180 days after the date of enactment of this Act: Provided,
            That all timber harvest cease no later than November 30, 1998,
            except for any cleanup, reforestation, or other post-harvest
            work which cannot be completed by November 30, 1998. A
            comprehensive summary of the appraisal consistent with 7 CFR
            Part 1.11 shall be made available for public inspection in the
            Office of the Supervisor, Wenatchee National Forest, not less
            than 30 days nor more than 45 days prior to the exchange of
            deeds.

        (b) Appraisal Period.--After the final appraised values of the
    offered and selected lands, or any portion of the land, have been
    approved by the Secretary or otherwise determined under section 206(d)
    of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the
    value shall not be reappraised or updated before

    [[Page 112 STAT. 2681-330]]

    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;

    [[Page 112 STAT. 2681-331]]

                        (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.--
                              (1) If any land acquired by the Secretary lies
                          outside the exterior boundaries of the national
                          forests identified in subparagraph (A), the
                          boundaries of the
    appropriate national forest are hereby modified to include such land.
                              (2) 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'').
                              (3) 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

    [[Page 112 STAT. 2681-332]]

            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

    [[Page 112 STAT. 2681-333]]

            parties under the National Historic Preservation Act listing by
            exact aliquot part description any parcel or parcels of selected
            land on which cultural properties have been identified and for
            which protection, use restrictions or mitigation requirements
            will be imposed. Such report shall include an exact description
            of each restriction or mitigation action required.
                (2) Plum creek response.--Within 30 days of receipt of the
            Secretary's report under paragraph (1), Plum Creek shall notify
            the Secretary as to: (i) those parcels it will accept subject to
            the identified use restrictions or mitigation requirements; and
            (ii) those parcels it will not accept because the restrictions
            or mitigation requirements are deemed by Plum Creek to be an
            unacceptable encumbrance on the land.
                (3) Parcel deletion.--The Secretary shall delete from the
            selected land those parcels identified by Plum Creek as
            unacceptable for conveyance under paragraph (2).
                (4) Appraisal adjustment.--The fair market value of any
            parcels deleted under paragraph (3), or any modification in fair
            market value caused by the use restrictions or mitigation
            requirements on land accepted by Plum Creek, shall be based on
            their contributory value to the final approved appraised value
            of the selected land and subtracted from such value prior to
            consummation of the exchange.

        (h) Access Limitation.--The Secretary shall not grant any road
    easements that would access the offered lands listed in section 604(a)
    prior to consummation of the exchange: Provided, That this provision
    shall not apply should either party withdraw from the exchange.

    SEC. 607. LAND PURCHASE.

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

    SEC. 608. TIETON RIVER STUDY.

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

    [[Page 112 STAT. 2681-334]]

    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. <<NOTE: 16 USC 539k.>> KELLY BUTTE SPECIAL MANAGEMENT AREA.

        (a) Establishment.--Upon conveyance to the United States of the Plum
    Creek offered lands in the Kelly Butte area, there is hereby established
    the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie
    National Forest, Washington, comprising approximately 5,642 acres, as
    generally depicted on a map entitled ``Kelly Butte Special Management
    Area'', dated October 1998.
        (b) Management.--The Kelly Butte Special Management Area shall be
    managed by the Secretary in accordance with the laws, rules and
    regulations generally
    applicable to National Forest System lands, and subject to the following
    additional provisions:

    [[Page 112 STAT. 2681-335]]

                (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 <<NOTE: Indian Tribal Tort Claims and Risk Management Act of
    1998. 25 USC 450f note.>>

                  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;

    [[Page 112 STAT. 2681-336]]

                (3) as a result, Congress has extended liability coverage
            provided to Indian tribes to organizations to carry out
            activities under the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 450 et seq.); and
                (4) there is an emergent need for comprehensive and cost-
            efficient insurance that allows the economy of Indian tribes to
            continue to grow and provides compensation to persons that may
            suffer personal injury or loss of property.

        (b) Purpose.--The purpose of this title is to provide for a study to
    facilitate relief for a person who is injured as a result of an official
    action of a tribal government.

    SEC. 703. DEFINITIONS.

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

    SEC. 704. STUDY AND REPORT TO CONGRESS.

        (a) In General.--
                (1) Study.--In order to minimize and, if possible, eliminate
            redundant or duplicative liability insurance coverage and to
            ensure that the provision of insurance to Indian tribes is cost-
            effective, the Secretary shall conduct a comprehensive survey of
            the degree, type, and adequacy of liability insurance coverage
            of Indian tribes at the time of the study.
                (2) Contents of study.--The study conducted under this
            subsection shall include--
                        (A) an analysis of loss data;
                        (B) risk assessments;
                        (C) projected exposure to liability, and related
                    matters; and
                        (D) the category of risk and coverage involved,
                    which may include--
                              (i) general liability;
                              (ii) automobile liability;
                              (iii) the liability of officials of the Indian
                          tribe;
                              (iv) law enforcement liability;
                              (v) workers' compensation; and
                              (vi) other types of liability contingencies.
                (3) Assessment of coverage by categories of risk.--For each
            Indian tribe, for each category of risk identified under
            paragraph (2), the Secretary, in conducting the study, shall
            determine whether insurance coverage or coverage under chapter
            171 of title 28, United States Code, applies to that Indian
            tribe for that activity.

        (b) Report.--Not later than June 1, 1999, and annually thereafter,
    the Secretary shall submit a report to Congress that contains
    legislative recommendations that the Secretary determines to--
                (1) be appropriate to improve the provision of insurance
            coverage to Indian tribes; or

    [[Page 112 STAT. 2681-337]]

                (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 Departments 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:

                          TITLE I--DEPARTMENT OF LABOR

                     Employment and Training Administration

        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

    [[Page 112 STAT. 2681-338]]

    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

    [[Page 112 STAT. 2681-339]]

    funds to local areas, eligibility, review and approval of plans, the
    establishment and functions of service delivery areas and private
    industry councils, and the basic purposes of the Act), and any of the
    statutory or regulatory requirements of sections 8-10 of the Wagner-
    Peyser Act (except for requirements relating to the provision of
    services to unemployment insurance claimants and veterans, and to
    universal access to basic labor exchange services without cost to job
    seekers), only for funds available for expenditure in program year 1999,
    pursuant to a request submitted by a State which identifies the
    statutory or regulatory requirements that are requested to be waived and
    the goals which the State or local service delivery areas intend to
    achieve, describes the actions that the State or local service delivery
    areas have undertaken to remove State or local statutory or regulatory
    barriers, describes the goals of the waiver and the expected
    programmatic outcomes if the request is granted, describes the
    individuals impacted by the waiver, and describes the process used to
    monitor the progress in implementing a
    waiver, and for which notice and an opportunity to comment on such
    request has been provided to the organizations identified in section
    105(a)(1) of the Job Training Partnership Act, if and only to the extent
    that the Secretary determines that such requirements impede the ability
    of the State to implement a plan to improve the workforce development
    system and the State has executed a Memorandum of Understanding with the
    Secretary requiring such State to meet agreed upon outcomes and
    implement other appropriate measures to ensure accountability.

        Of the funds made available beginning on October 1, 1998 under this
    heading in Public Law 105-78 for Opportunity Areas of Out-of-School
                       Youth, $250,000,000 are rescinded.

        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.

        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.

        For authorized administrative expenses, $162,097,000, together with
    not to exceed $3,132,076,000 (including not to exceed

    [[Page 112 STAT. 2681-340]]

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

        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

    [[Page 112 STAT. 2681-341]]

    15, 1999, for costs incurred by the Black Lung Disability Trust Fund in
             the current fiscal year, such sums as may be necessary.

        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

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

                      Pension Benefit Guaranty Corporation

        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

        For necessary expenses for the Employment Standards Administration,
    including reimbursement to State, Federal, and local agencies and their
    employees for inspection services rendered, $312,076,000, together with
    $1,924,000 which may be expended from the Special Fund in accordance
    with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
    Workers' Compensation Act: Provided, That $1,000,000 shall be for the
    development of an alternative system for the electronic submission of
    reports as required to be filed under the Labor-Management Reporting and
    Disclosure Act of 1959, as amended, and
    for a computer database of the information for each submission by
    whatever means, that is indexed and easily searchable by the public via
    the Internet: Provided further, That the Secretary of Labor is
    authorized to accept, retain, and spend, until expended, in the name of
    the

    [[Page 112 STAT. 2681-342]]

    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.).

        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

    [[Page 112 STAT. 2681-343]]

    (including Social Security account number) as such regulations may
                                   prescribe.

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

                  Occupational Safety and Health Administration

        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 <<NOTE: 29 USC 670 note.>> 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

    [[Page 112 STAT. 2681-344]]

    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

        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; <<NOTE: 30 USC 962 note.>> 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

    [[Page 112 STAT. 2681-345]]

    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

        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

        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, <<NOTE: 33 USC 921 note.>> 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.).

    [[Page 112 STAT. 2681-346]]

        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.

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

                               GENERAL PROVISIONS

        Sec. 101. None of the funds appropriated in this title for the Job
    Corps shall be used to pay the compensation of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level III.
        Sec. 102. Reversion of Unallotted Formula Funds Under Welfare-to-
    Work. Section 403(a)(5)(A) of the Social Security Act is amended by
    adding the following clause: <<NOTE: 42 USC 603.>>
                              ``(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.''.

        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''.

    [[Page 112 STAT. 2681-347]]

      TITLE <<NOTE: Department of Health and Human Services Appropriations
    Act, 1999.>> II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

        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

    [[Page 112 STAT. 2681-348]]

    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.

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

        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.

        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

        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

    [[Page 112 STAT. 2681-349]]

     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, <<NOTE: 42 USC 238k note.>> 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

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

        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.

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

        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.

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

        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.

    [[Page 112 STAT. 2681-350]]

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

        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.

        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.

        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.

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

        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.

        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.

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

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

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

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

    [[Page 112 STAT. 2681-351]]

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

        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.

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

        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.

        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.

    [[Page 112 STAT. 2681-352]]

        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

        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.

        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

        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.

    [[Page 112 STAT. 2681-353]]

                      Health Care Financing Administration

        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.

        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.

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act, and the Clinical Laboratory Improvement
    Amendments of 1988, not to exceed $1,946,500,000 to be transferred from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds, as authorized by section 201(g) of the Social
    Security Act; together with all funds collected in accordance with
    section 353 of the Public Health Service Act and such sums as may be
    collected from authorized user fees and the sale of data, which shall
    remain available until expended, and together with administrative fees
    collected relative to Medicare overpayment recovery activities, which
    shall remain available until expended: Provided, That all funds derived
    in accordance with 31 U.S.C. 9701 from organizations
    established under title XIII of the Public Health Service Act shall be
    credited to and available for carrying out the purposes of this
    appropriation: Provided further, That $1,000,000 shall be for carrying
    out section 4021 of Public Law 105-33: Provided further, That
    $45,000,000 appropriated under this heading for the transition to a
    single Part A and Part B processing system and for Year 2000 century
    date change conversion requirements of external contractor systems shall
    remain available until expended: Provided further, That $2,000,000 of
    the amount available for research, demonstration, and evaluation
    activities shall be available to continue carrying out demonstration
    projects on Medicaid coverage of community-based attendant care services
    for people with disabilities which ensures maximum control by the
    consumer to select and manage their attendant care services:

    [[Page 112 STAT. 2681-354]]

    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.

        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

        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.

        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

    [[Page 112 STAT. 2681-355]]

    available only after
    submission to Congress of a formal budget request by the President that
    includes designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
                                  Control Act.

        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.

        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).

        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.

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance

    [[Page 112 STAT. 2681-356]]

    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.

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

        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.

    [[Page 112 STAT. 2681-357]]

                             Administration on Aging

        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

        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.

        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.

        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.

    [[Page 112 STAT. 2681-358]]

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

        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.

    [[Page 112 STAT. 2681-359]]

         <<NOTE: 42 USC 3015 note. (transfer of 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.

        Sec. 207. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act, as
    amended) which are appropriated for the current fiscal year for the
    Department of Health and Human Services in this Act may be transferred
    between appropriations, but no such appropriation shall be increased by
    more than 3 percent by any such transfer: Provided, That the
    Appropriations Committees of both Houses of Congress are notified at
    least fifteen days in advance of any transfer.
        Sec. 208. The Director of the National Institutes of Health, jointly
    with the Director of the Office of AIDS Research, may transfer up to 3
    percent among institutes, centers, and divisions from the total amounts
    identified by these two Directors as funding for research pertaining to
    the human immunodeficiency virus: Provided, That the Congress is
    promptly notified of the transfer.
        Sec. 209. Of the amounts made available in this Act for the National
    Institutes of Health, the amount for research related to the human
    immunodeficiency virus, as jointly determined by the Director of NIH and
    the Director of the Office of AIDS Research, shall be made available to
    the ``Office of AIDS Research'' account. The
    Director of the Office of AIDS Research shall transfer from such account
    amounts necessary to carry out section 2353(d)(3) of the Public Health
    Service Act.

        Sec. 210. <<NOTE: 5 USC 7905 note.>>  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

    [[Page 112 STAT. 2681-360]]

    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).

    [[Page 112 STAT. 2681-361]]

        (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) <<NOTE: Effective date. 42 USC 1397b note.>> 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.

    [[Page 112 STAT. 2681-362]]

        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

    [[Page 112 STAT. 2681-363]]

            section 105 of the Contract with America Advancement Act of 1996
            (Public Law 104-121).''.

         <<NOTE: 42 USC 300x-7 note.>> (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''.

      <<NOTE: Department of Education Appropriations Act, 1999. education
                   reform>> TITLE III--DEPARTMENT OF EDUCATION

        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,
    $1,314,100,000, 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

    [[Page 112 STAT. 2681-364]]

    consistent with current departmental practices and policies: Provided
    further, That $8,000,000 shall be awarded to continue and expand the
    Iowa Communications Network statewide fiber optic demonstration project,
    and $800,000 shall be awarded to the School of Agriculture and Land
    Resources Management at the University of Alaska, Fairbanks to enhance
    distance delivery of natural resources management courses; $350,000
    shall be for multi-media classrooms for the rural education technology
    center at the Western Montana College in Dillon, Montana: Provided
    further, That of the funds made available for section 3136, $2,500,000
    shall be to establish the RUNet 2000 project at Rutgers, The State
    University of
    New Jersey; $500,000 shall be for state-of-the-art information
    technology systems at Mansfield University, Mansfield, Pennsylvania;
    $1,000,000 shall be for professional development for technology training
    at the Krell Institute, Ames, Iowa; $850,000 shall be for Internet-based
    curriculum at the State of Alaska, Department of Education; $2,000,000
    shall be for ``Magnet E-School'' technology training and curriculum
    initiative at the Hawaii Department of Education; $600,000 shall be for
    technology in the classroom pilot program for the Green Bay Public
    School System, Green Bay, Wisconsin; $250,000 shall be for the
    ``Passport to Chicago Community Network'' technology training project;
    $1,200,000 for LEARN North Carolina and the University of North Carolina
    at Chapel Hill; and $1,500,000 for the Iowa Department of Education for
         community college grants to low-income schools for technology.

        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

    [[Page 112 STAT. 2681-365]]

    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.

        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 <<NOTE: 20 USC 7702.>>  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.

    [[Page 112 STAT. 2681-366]]

                (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

    [[Page 112 STAT. 2681-367]]

    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.

    [[Page 112 STAT. 2681-368]]

        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.

          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.

        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.

        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.

        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.

    [[Page 112 STAT. 2681-369]]

        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

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

        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.

        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.

        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.

        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, <<NOTE: 20 USC 1070a
    note. federal family education loan program account>> That
    notwithstanding section 401(g) of the Act, if the Secretary determines,

    [[Page 112 STAT. 2681-370]]

    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.

        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.

        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

    [[Page 112 STAT. 2681-371]]

    for the Appalachian Center for Economic Networks in Athens, Ohio;
    $6,000,000 shall be to establish the Robert J. Dole Institute for Public
    Service and Public Policy on the University of Kansas campus in
    Lawrence, Kansas; $1,000,000 shall be for the Oregon Institute of Public
    Service and Constitutional Studies at the Mark O. Hatfield School of
    Government at Portland State University; $2,150,000 shall be awarded to
    the College of Natural Resources, University of Wisconsin at Stevens
    Point for technology-enhanced learning; $1,500,000 shall be for the
    Touro Law Center in Central Islip, New York for the use of technology to
    bridge the gap between legal education and the actual practice of law;
    $1,000,000 shall be for the International Center for Educational
    Technology and Distance Learning at Empire State College; $500,000 shall
    be for the University of Northern Iowa National Institute of Technology
    for Inclusive Education; $1,500,000 shall be for a demonstration project
    to expand the successful college student preparation at Prairie View
    A&M, Texas; $750,000 shall be to identify and provide models of alcohol
    and drug abuse prevention and education in higher education at the
    college level; $500,000 shall be for a teacher training program in
    experiential learning to be awarded to the Department of Language
    Teacher Education, School for International Training, Brattleboro,
    Vermont; and $1,000,000 shall be for the Paul Simon Public Policy
    Institute at Southern Illinois University at Carbondale, Illinois:
    Provided further, That $9,500,000 of the funds made available for title
    VII, part B shall be for a competition consistent with the subject areas
    outlined in the House and Senate reports and the statement of the
    managers, and that such competition should be administered in a manner
          consistent with current departmental practices and policies.

        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.

        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.

        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.

    [[Page 112 STAT. 2681-372]]

        For carrying out activities authorized by the Educational Research,
    Development, Dissemination, and Improvement Act of 1994, including part
    E; the National Education Statistics Act of 1994; section 2102 of title
    II, and parts A, B, I, and K and section 10601 of title X, and part C of
    title XIII of the Elementary and Secondary Education Act of 1965, as
    amended, and title VI of Public Law 103-227, $664,867,000: Provided,
    That $25,000,000
    shall be available to demonstrate effective approaches to comprehensive
    school reform to be allocated and expended in accordance with the
    instructions relating to this activity in the statement of managers on
    the conference report accompanying Public Law 105-78 and in the
    statement of the managers on the conference report accompanying this
    Act: Provided further, That the funds made available for comprehensive
    school reform shall become available on July 1, 1999, and remain
    available through September 30, 2000, and in carrying out this
    initiative, the Secretary and the States shall support only approaches
    that show the most promise of enabling children to meet challenging
    State content standards and challenging State student performance
    standards based on reliable research and effective practices, and
    include an emphasis on basic academics and parental involvement:
    Provided further, That $16,000,000 of the funds made available for title
    X, part A of the Elementary and Secondary Education Act, shall be
    carried out consistent with the subject areas outlined in the House and
    Senate reports and the statement of the managers, and should be
    administered in a manner consistent with current departmental practices
    and policies: Provided further, That, in addition to the $6,000,000 for
    Title VI of Public Law 103-227 and notwithstanding the provisions of
    section 601(c)(1)(C) of that Act, $1,000,000 shall be available to the
    Center for Civic Education to conduct a civic education program with
    Northern Ireland and the Republic of Ireland and, consistent with the
    civics and government activities authorized in section 601(c)(3) of
    Public Law 103-227, to provide civic education assistance to democracies
    in developing countries. The term ``developing countries'' shall have
    the same meaning as the term ``developing country'' in the Education for
    the Deaf Act: Provided further, That of the amount provided for part A
    of title X of the Elementary and Secondary Education Act of 1965,
    $2,000,000 shall be for a demonstration of full service community school
    sites in Charles County, Maryland, Westchester County, New York,
    Cranston, Rhode Island, and Skagit County, Washington; $2,000,000 shall
    be awarded to First Book for literacy programs; $1,750,000 shall be
    awarded to the Whitaker Center for Science and the Arts, Harrisburg,
    Pennsylvania for teaching of science education using the arts; $350,000
    shall be awarded to the School of Education at the University of Montana
    and the Montana Board of Crime Control for community-based initiatives
    to promote non-violent behavior in schools; $1,000,000 shall be awarded
    to the NetDay organization to assist schools in connecting K-12
    classrooms to the Internet; $1,000,000 shall be awarded to the National
    Museum of Women in the Arts; $1,000,000 shall be awarded to Youth
    Friends of Kansas City to improve attendance and academic performance;
    $750,000 shall be awarded to the Thornberry Center for Youth and
    Families, Kansas City, Missouri to assist at-risk children; $400,000
    shall be for Bay Shore, New York for Literacy

    [[Page 112 STAT. 2681-373]]

    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

        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.

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

        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

    [[Page 112 STAT. 2681-374]]

    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.

        Sec. 304. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act, as
    amended) which are appropriated for the Department of Education in this
    Act may be transferred between appropriations, but no such appropriation
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the Appropriations Committees of both Houses of Congress
    are notified at least fifteen days in advance of any transfer.

        Sec. 305. National Testing. (a) In General.--Part C of the General
    Education Provisions Act (20 U.S.C. 1231 et seq.) is amended by adding
    at the end the following:

    ``SEC. 447. <<NOTE: 20 USC 1232j.>> 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

    [[Page 112 STAT. 2681-375]]

    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

    [[Page 112 STAT. 2681-376]]

            Elementary and Secondary Education Act of 1965 or under section
            2202(b) of the Act for fiscal year 1998, except that such
            allocations shall be ratably increased or decreased as may be
            necessary.

        (b)(1) Each State that receives funds under this section shall
    distribute 100 percent of such funds to local educational agencies, of
    which--
                (A) 80 percent of such amount shall be allocated to such
            local educational agencies in proportion to the number of
            children, aged 5 to 17, who reside in the school district served
            by such local educational agency from families with incomes
            below the poverty line (as defined by the Office of Management
            and Budget and revised annually in accordance with section
            673(2) of the Community Services Block Grant Act (42 U.S.C.
            9902(2))) applicable to a family of the size involved for the
            most recent fiscal year for which satisfactory data is available
            compared to the number of such individuals who reside in the
            school districts served by all the local educational agencies in
            the State for that fiscal year; and
                (B) 20 percent of such amount shall be allocated to such
            local educational agencies in accordance with the relative
            enrollments of children, aged 5 to 17, in public and private
            nonprofit elementary and secondary schools within the boundaries
            of such agencies;

        (2) Notwithstanding paragraph (1), if the award to a local
    educational agency under this section is less than the starting salary
    for a new teacher in that agency, the State shall not make the award
    unless the local educational agency agrees to form a consortium with not
    less than 1 other local educational agency for the purpose of reducing
    class size.
        (c)(1) Each local educational agency that receives funds under this
    section shall use such funds to carry out effective approaches to
    reducing class size with highly
    qualified teachers to improve educational achievement for both regular
    and special-needs children, with particular consideration given to
    reducing class size in the early elementary grades for which some
    research has shown class size reduction is most effective.

        (2)(A) Each such local educational agency may pursue the goal of
    reducing class size through--
                (i) recruiting, hiring, and training certified regular and
            special education teachers and teachers of special-needs
            children, including teachers certified through State and local
            alternative routes;
                (ii) testing new teachers for academic content knowledge,
            and to meet State certification requirements that are consistent
            with title II of the Higher Education Act of 1965; and
                (iii) providing professional development to teachers,
            including special education teachers and teachers of special-
            needs children, consistent with title II of the Higher Education
            Act of 1965.

        (B) A local educational agency may use not more than a total of 15
    percent of the award received under this section for activities
    described in clauses (ii) and (iii) of subparagraph (A).
        (C) A local educational agency that has already reduced class size
    in the early grades to 18 or less children may use funds received under
    this section--

    [[Page 112 STAT. 2681-377]]

                (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

    [[Page 112 STAT. 2681-378]]

    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

        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

        For expenses necessary for the Federal Mediation and Conciliation
    Service to carry out the functions vested in it by the Labor Management
    Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
    passenger motor vehicles; for expenses necessary for the Labor-
    Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
    necessary for the Service to carry out the functions vested in it by the
    Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
    $34,620,000, including $1,500,000, to remain available through September
    30, 2000, for activities authorized by the Labor-Management Cooperation
    Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
    3302, fees charged, up to full-cost recovery, for special training
    activities and for arbitration services shall be credited to and merged
    with this account, and shall remain available until expended: Provided
    further, That fees for arbitration services shall be available only for
    education, training, and professional development of the agency
    workforce: Provided further, That the Director of the Service is
    authorized to accept and use on behalf of the United States gifts of
    services and real, personal, or other property in the aid
    of any projects or functions within the Director's jurisdiction.

    [[Page 112 STAT. 2681-379]]

                Federal Mine Safety and Health Review Commission

        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

        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

        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

        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.

    [[Page 112 STAT. 2681-380]]

                         National Labor Relations Board

        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

        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

        For expenses necessary for the Occupational Safety and Health Review
    Commission (29 U.S.C. 661), $8,100,000.

                            Railroad Retirement Board

        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.

    [[Page 112 STAT. 2681-381]]

        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.

        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.

        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: <<NOTE: 45 USC 231f note.>>  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

        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.

        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.

    [[Page 112 STAT. 2681-382]]

        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.

        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

    [[Page 112 STAT. 2681-383]]

    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 partnerships
    which will evaluate means to promote Medicare buy-in programs targeted
    to elderly and disabled individuals under titles XVIII and XIX of the
    Social Security Act.

        In addition to funding already available under this heading, and
    subject to the same terms and conditions, $355,000,000, to remain
    available until September 30, 2000, for continuing disability reviews as
    authorized by section 103 of Public Law 104-121 and section 10203 of
    Public Law 105-33. The term ``continuing disability reviews'' means
    reviews and redeterminations as defined under section 201(g)(1)(A) of
    the Social Security Act as amended.
        In addition, $75,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
    fiscal year 1999 exceed $75,000,000, the amounts shall be available in
    fiscal year 2000 only to the extent provided in advance in
                              appropriations Acts.

        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

        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

    [[Page 112 STAT. 2681-384]]

    balances are used for the same purpose, and for the same periods of
    time, for which they were originally appropriated.
        Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for the
    preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or video presentation designed to
    support or defeat legislation pending before the Congress or any State
    legislature, except in presentation to the Congress or any State
    legislature itself.
        (b) No part of any appropriation contained in this Act shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504. The Secretaries of Labor and Education are each authorized
    to make available not to exceed $15,000 from funds available for
    salaries and expenses under titles I and III, respectively, for official
    reception and representation expenses; the Director of the Federal
    Mediation and Conciliation Service is authorized to make available for
    official reception and representation expenses not to exceed $2,500 from
    the funds available for ``Salaries and expenses, Federal Mediation and
    Conciliation Service''; and the Chairman of the National Mediation Board
    is authorized to make available for official reception and
    representation expenses not to exceed $2,500 from funds available for
    ``Salaries and expenses, National Mediation Board''.

        Sec. 505. Notwithstanding any other provision of this Act, no funds
    appropriated under this Act shall be used to carry out any program of
    distributing sterile needles or syringes for the hypodermic injection of
    any illegal drug.
        Sec. 506. (a) Purchase of American-Made Equipment and Products.--It
    is the sense of the Congress that, to the greatest extent practicable,
    all equipment and products purchased with funds made available in this
    Act should be American-made.
        (b) Notice Requirement.--In providing financial assistance to, or
    entering into any contract with, any entity using funds made available
    in this Act, the head of each Federal agency, to the greatest extent
    practicable, shall provide to such entity a notice describing the
    statement made in subsection (a) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling Products
    as Made in America.--If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to receive
    any contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
        Sec. 507. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act,

    [[Page 112 STAT. 2681-385]]

    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.
         <<NOTE: Abortions.>> 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).
         <<NOTE: 31 USC 1301 note.>> 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.

    [[Page 112 STAT. 2681-386]]

        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 for
    which such requirement was applicable to such entity.

        Sec. 514. None of the funds made available in this Act may be used
    to pay the expenses of an election officer appointed by a court to
    oversee an election of any officer or trustee for the International
    Brotherhood of Teamsters.
        Sec. 515. Except as otherwise specifically provided by law,
    unobligated balances remaining available at the end of fiscal year 1999
    from appropriations made available for salaries and expenses for fiscal
    year 1999 in this Act, shall remain available through December 31, 1999,
    for each such account for the purposes authorized: Provided, That the
    House and Senate Committees on Appropriations shall be notified at least
    fifteen days prior to the obligation of such funds.
        Sec. 516. None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
    for the assignment of, a unique health identifier for an individual
    (except in an individual's capacity as an employer or a health care
    provider), until legislation is enacted specifically approving the
    standard.

    [[Page 112 STAT. 2681-387]]

      TITLE VI--NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE

        Sec. 601. Establishment of National Center For Complementary And
    Alternative Medicine.
        In General.--Title IV of the Public Health Service Act (42 U.S.C.
    281 et seq.) is amended--
                 <<NOTE: 42 USC 283g.>> (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. <<NOTE: 42 USC 287c-21.>> PURPOSE OF CENTER.

        ``(a) In General.--The general purposes of the National Center for
    Complementary and Alternative Medicine (in this subpart referred to as
    the `Center') are the conduct and support of basic and applied research
    (including both intramural and extramural research), research training,
    the dissemination of health information, and other programs with respect
    to identifying, investigating, and validating complementary and
    alternative treatment, diagnostic and prevention modalities, disciplines
    and systems. The Center shall be headed by a director, who shall be
    appointed by the Secretary. The Director of the Center shall report
    directly to the Director of NIH.

        ``(b) Advisory Council.--The Secretary shall establish an advisory
    council for the Center in accordance with section 406, except that at
    least half of the members of the advisory council who are not ex officio
    members shall include practitioners licensed in one or more of the major
    systems with which the Center is concerned, and at least 3 individuals
    representing the interests of individual consumers of complementary and
    alternative medicine.
        ``(c) Complement to Conventional Medicine.--In carrying out
    subsection (a), the Director of the Center shall, as appropriate, study
    the integration of alternative treatment, diagnostic and prevention
    systems, modalities, and disciplines with the practice of conventional
    medicine as a complement to such medicine and into health care delivery
    systems in the United States.
        ``(d) Appropriate Scientific Expertise and Coordination With
    Institutes and Federal Agencies.--The Director of the Center, after
    consultation with the advisory council for the Center and the division
    of research grants, shall ensure that scientists with appropriate
    expertise in research on complementary and alternative medicine are
    incorporated into the review, oversight, and management processes of all
    research projects and other activities funded by the Center. In carrying
    out this subsection, the Director of the Center, as necessary, may
    establish review groups with appropriate scientific expertise. The
    Director of the Center shall coordinate efforts with other Institutes
    and Federal agencies to ensure appropriate scientific input and
    management.
        ``(e) Evaluation of Various Disciplines and Systems.--In carrying
    out subsection (a), the Director of the Center shall identify and
    evaluate alternative and complementary medical treatment, diagnostic and
    prevention modalities in each of the disciplines and systems with which
    the Center is concerned, including each discipline and system in which
    accreditation, national certification, or a State license is available.

    [[Page 112 STAT. 2681-388]]

        ``(f) Ensuring High Quality, Rigorous Scientific Review.--In order
    to ensure high quality, rigorous scientific review of complementary and
    alternative, diagnostic and prevention modalities, disciplines and
    systems, the Director of the Center shall conduct or support the
    following activities:
                ``(1) Outcomes research and investigations.
                ``(2) Epidemiological studies.
                ``(3) Health services research.
                ``(4) Basic science research.
                ``(5) Clinical trials.
                ``(6) Other appropriate research and investigational
            activities.

    The Director of NIH, in coordination with the Director of the Center,
    shall designate specific personnel in each Institute to serve as full-
    time liaisons with the Center in facilitating appropriate coordination
    and scientific input.
        ``(g) Data System; Information Clearinghouse.--
                ``(1) Data system.--The Director of the Center shall
            establish a bibliographic system for the collection, storage,
            and retrieval of worldwide research relating to complementary
            and alternative treatment, diagnostic and prevention modalities,
            disciplines and systems. Such a system shall be regularly
            updated and publicly accessible.
                ``(2) Clearinghouse.--The Director of the Center shall
            establish an information clearinghouse to facilitate and
            enhance, through the effective dissemination of information,
            knowledge and understanding of alternative medical treatment,
            diagnostic and prevention practices by health professionals,
            patients, industry, and the public.

        ``(h) Research Centers.--The Director of the Center, after
    consultation with the advisory council for the Center, shall provide
    support for the development and
    operation of multipurpose centers to conduct research and other
    activities described in subsection (a) with respect to complementary and
    alternative treatment, diagnostic and prevention modalities, disciplines
    and systems. The provision of support for the development and operation
    of such centers shall include accredited complementary and alternative
    medicine research and education facilities.

        ``(i) Availability of Resources.--After consultation with the
    Director of the Center, the Director of NIH shall ensure that resources
    of the National Institutes of Health, including laboratory and clinical
    facilities, fellowships (including research training fellowship and
    junior and senior clinical fellowships), and other resources are
    sufficiently available to enable the Center to appropriately and
    effectively carry out its duties as described in subsection (a). The
    Director of NIH, in coordination with the Director of the Center, shall
    designate specific personnel in each Institute to serve as full-time
    liaisons with the Center in facilitating appropriate coordination and
    scientific input.
        ``(j) Availability of Appropriations.--Amounts appropriated to carry
    out this section for fiscal year 1999 are available for obligation
    through September 30, 2001. Amounts appropriated to carry out this
    section for fiscal year 2000 are available for obligation through
    September 30, 2001.''.
          (k) Technical and Conforming Amendment.--Section 401(b)(2) of the
    Public Health Service Act (42 U.S.C. 281(b)(2) is amended by adding at
    the end the following:

    [[Page 112 STAT. 2681-389]]

                        ``(F) The National Center for Complementary and
                    Alternative Medicine.' ''.

                       TITLE VII--MISCELLANEOUS PROVISIONS

        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.''
         <<NOTE: 42 USC 1396r-4 note.>> 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. <<NOTE: 42 USC 1396r-4 note.>>  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.

         <<NOTE: 42 USC 1396r-4 note.>> 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. <<NOTE: 42 USC 1397dd note.>>  Determination of Number of
    Children and State Cost Factors for Fiscal Years 1998 and 1999 for
    Purposes

    [[Page 112 STAT. 2681-390]]

    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--
    <<NOTE: 50 USC 2351 note.>>
                (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) <<NOTE: 50 USC 2351 note.>> 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.''.

    [[Page 112 STAT. 2681-391]]

        (d) Limitation on Commission Expenditures.--Section 717 of that
    Act <<NOTE: 50 USC 2351 note.>> is amended by striking out ``shall be
    paid'' and inserting in lieu thereof ``shall not exceed $1,000,000, and
    shall be paid''.

        Sec. 709. Protection of Divorced Spouses. (a) In General.--Section
    6(c) of the Railroad Retirement Act of 1974 (45 U.S.C. 231e(c)) is
    amended--
                (1) in the last sentence of paragraph (1), by inserting
            ``(other than to a survivor in the circumstances described in
            paragraph (3))'' after ``no further benefits shall be paid'';
            and
                (2) by adding at the end the following:
                ``(3) Notwithstanding the last sentence of paragraph (1),
            benefits shall be paid to a survivor who--
                        ``(A) is a divorced wife; and
                        ``(B) through administrative error received benefits
                    otherwise precluded by the making of a lump sum payment
                    under this section to a widow;
            if that divorced wife makes an election to repay to the Board
            the lump sum payment. The Board may withhold up to 10 percent of
            each benefit amount paid after the date of the enactment of this
            paragraph toward such reimbursement. The Board may waive such
            repayment to the extent the Board determines it would cause an
            unjust financial hardship for the beneficiary.''.

         <<NOTE: 45 USC 231e note.>> (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.

         <<NOTE: 42 USC 1396a note.>> 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. <<NOTE: 20 USC 6661.>>  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--

    [[Page 112 STAT. 2681-392]]

                        ``(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. <<NOTE: 20 USC 6661a.>>  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.

    [[Page 112 STAT. 2681-393]]

                ``(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. <<NOTE: 20 USC 6661b.>>  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--

    [[Page 112 STAT. 2681-394]]

                                        ``(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 through
    grade 3 who are experiencing difficulty reading.
                        ``(D) An assurance that instruction in reading will
                    be provided to children with reading difficulties who--

    [[Page 112 STAT. 2681-395]]

                              ``(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

    [[Page 112 STAT. 2681-396]]

                    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

    [[Page 112 STAT. 2681-397]]

                    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. <<NOTE: 20 USC 6661c.>>  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. <<NOTE: 20 USC 6661d.>> 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

    [[Page 112 STAT. 2681-398]]

                    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,

    [[Page 112 STAT. 2681-399]]

                    for children preparing to enter kindergarten and
                    students in kindergarten through grade 3 who are
                    experiencing difficulty reading;
                ``(3) shall describe how the applicant will ensure that
            funds available under this part, and funds available for reading
            instruction for kindergarten through grade 6 from other
            appropriate sources, are effectively coordinated, and, where
            appropriate, integrated with funds under this Act in order to
            improve existing activities in the areas of reading instruction,
            professional development, program improvement, parental
            involvement, technical assistance, and other activities that can
            help meet the purposes of this part;
                ``(4) shall describe, if appropriate, how parents, tutors,
            and early childhood education providers will
    be assisted by, and participate in, literacy-related activities
    receiving financial assistance under this part to enhance children's
    reading fluency;
                ``(5) shall describe how the local educational agency--
                        ``(A) provides instruction in reading to children
                    with reading difficulties who--
                              ``(i) are at risk of being referred to special
                          education based on these difficulties; or
                              ``(ii) have been evaluated under section 614
                          of the Individuals with Disabilities Education Act
                          but, in accordance with section 614(b)(5) of such
                          Act, have not been identified as being a child
                          with a disability (as defined in section 602 of
                          the such Act); and
                        ``(B) will promote reading and library programs that
                    provide access to engaging reading material; and
                ``(6) shall include an assurance that the local educational
            agency will make available, upon request and in an
            understandable and uniform format, to any parent of a student
            attending any school selected to receive assistance under
            subsection (d)(1) in the geographic area served by the local
            educational agency, information regarding the professional
            qualifications of the student's classroom teacher to provide
            instruction in reading.

        ``(c) Special Rule.--To the extent feasible, a local educational
    agency that desires to receive a grant under this section shall form a
    partnership with one or more community-based organizations of
    demonstrated effectiveness in early childhood literacy, and reading
    readiness, reading instruction, and reading achievement for both adults
    and children, such as a Head Start program, family literacy program,
    public library, or adult education program, to carry out the functions
    described in paragraphs (1) through (6) of subsection (b). In evaluating
    subgrant applications under this section, a State educational agency
    shall consider whether the applicant has satisfied the requirement in
    the preceding sentence. If not, the applicant must provide information
    on why it would not have been feasible for the applicant to have done
    so.
        ``(d) Use of Funds.--
                ``(1) In general.--Subject to paragraph (2), a local
            educational agency that receives a subgrant under this section
            shall use amounts from the subgrant to carry out activities to
            advance reform of reading instruction in any school that (A) is
            described in subsection (a)(1)(A), (B) has the largest, or
            second largest, number of children who are counted under section
            1124(c), in comparison to all other schools in the local
            educational agency, or (C) has the highest, or second highest,

    [[Page 112 STAT. 2681-400]]

            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

    [[Page 112 STAT. 2681-401]]

                          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. <<NOTE: 20 USC 6661e.>>  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

    [[Page 112 STAT. 2681-402]]

                    provides notice under subparagraph (A), each local
                    educational agency described in paragraph (1) shall, as
                    a condition on the agency's receipt of funds made
                    available under title I of this Act, provide public
                    notice to potential providers of tutorial assistance
                    operating in the jurisdiction of the agency, and parents
                    residing in such jurisdiction, regarding the
                    availability of the subgrants under this section.
                ``(3) Application.--A local educational agency that desires
            to receive a subgrant under this section shall submit an
            application to the State educational agency at such time, in
            such manner, and including such information as the agency may
            require. The application shall include an assurance that the
            local
    educational agency will use the subgrant funds to carry out the duties
    described in subsection (b) for children enrolled in any school selected
    by the agency that (A) is described in paragraph (1)(A), (B) is
    described in paragraph (1)(B), (C) has the largest, or second largest,
    number of children who are counted under section 1124(c), in comparison
    to all other schools in the local educational agency, or (D) has the
    highest, or second highest, school-age child poverty rate (as defined in
    the second sentence of paragraph (1)), in comparison to all other
    schools in the local educational agency.
                ``(4) Exception.--If no local educational agency within the
            State submits an application to receive a subgrant under this
            section within the 6-month period beginning on the date on which
            the State educational agency provided notice to the local
            educational agencies regarding the availability of the
            subgrants, the State educational agency may use funds otherwise
            reserved under 2254(2) for the purpose of providing local
            reading improvement subgrants under section 2255 if the State
            educational agency certifies to the Secretary that the
            requirements of paragraph (2) have been met and each local
            educational agency in the State described in subparagraph (B) of
            such paragraph has demonstrated to the State educational agency
            that no  provider  of  tutorial  assistance  described in such
            subparagraph requested the local educational agency to submit
            under paragraph (3) an application for a tutorial assistance
            subgrant.

        ``(b) Use of Funds.--
                ``(1) In general.--A local educational agency that receives
            a subgrant under this section shall carry out, using the funds
            provided under the subgrant, each of the duties described in
            paragraph (2).
                ``(2) Duties.--The duties described in this paragraph are
            the provision of tutorial assistance in reading, before school,
            after school, on weekends, or during the summer, to children who
            have difficulty reading, using instructional practices based on
            scientifically based reading research, through the following:
                        ``(A) The creation and implementation of objective
                    criteria to determine in a uniform manner the
                    eligibility of tutorial assistance providers and
                    tutorial assistance programs desiring to provide
                    tutorial assistance under the subgrant. Such criteria
                    shall include the following:
                              ``(i) A record of effectiveness with respect
                          to reading readiness, reading instruction for
                          children in

    [[Page 112 STAT. 2681-403]]

                          kindergarten through 3d grade, and early childhood
                          literacy, as appropriate.
                              ``(ii) Location in a geographic area
                          convenient to the school or schools attended by
                          the children who will be receiving tutorial
                          assistance.
                              ``(iii) The ability to provide tutoring in
                          reading to children who have difficulty reading,
                          using instructional practices based on
                          scientifically based reading research and
                          consistent with the reading instructional methods
                          and content used by the school the child attends.
                        ``(B) The provision, to parents of a child eligible
                    to receive tutorial assistance pursuant to this section,
                    of multiple choices among tutorial assistance providers
                    and tutorial assistance programs determined to be
                    eligible under the criteria described in subparagraph
                    (A). Such choices shall include a school-based program
                    and at least one tutorial assistance program operated by
                    a provider pursuant to a contract with the local
                    educational agency.
                        ``(C) The development of procedures--
                              ``(i) for the provision of information to
                          parents of an eligible child regarding such
                          parents' choices for tutorial assistance for the
                          child;
                              ``(ii) for considering children for tutorial
                          assistance who are identified under subparagraph
                          (D) and for whom no parent has selected a tutorial
                          assistance provider or tutorial assistance program
                          that give such parents additional opportunities to
                          select a tutorial assistance provider or tutorial
                          assistance program referred to in subparagraph
                          (B); and
                              ``(iii) that permit a local educational agency
                          to recommend a tutorial assistance provider or
                          tutorial assistance program in a case where a
                          parent asks for assistance in the making of such
                          selection.
                        ``(D) The development of a selection process for
                    providing tutorial assistance in accordance with this
                    paragraph that limits the provision of assistance to
                    children identified, by the school the child attends, as
                    having difficulty reading, including difficulty
                    mastering phonemic awareness, systematic phonics,
                    fluency, and reading comprehension.
                        ``(E) The development of procedures for selecting
                    children to receive tutorial assistance, to be used in
                    cases where insufficient funds are available to provide
                    assistance with respect to all children identified by a
                    school under subparagraph (D), that--
                              ``(i) give priority to children who are
                          determined, through State or local reading
    assessments, to be most in need of tutorial assistance; and
                              ``(ii) give priority, in cases where children
                          are determined, through State or local reading
                          assessments, to be equally in need of tutorial
                          assistance, based on a random selection principle.
                        ``(F) The development of a methodology by which
                    payments are made directly to tutorial assistance
                    providers who are identified and selected pursuant to
                    this section and selected for funding. Such methodology
                    shall include the making of a contract, consistent with
                    State and local

    [[Page 112 STAT. 2681-404]]

                    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

    [[Page 112 STAT. 2681-405]]

                          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. <<NOTE: 20 USC 6661f.>>  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. <<NOTE: 20 USC 6661g.>> 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
            Educational
    Research and Improvement to assess the current status of research-based
    knowledge on reading development, including the effectiveness of various
    approaches to teaching children to read, with respect to determining the
    criteria by which the National Institute for Literacy judges
    scientifically based reading research and the design of strategies to
    disseminate such information; and
                ``(3) may assist any State educational agency selected to
            receive a grant under section 2253, and that requests such
            assistance--
                        ``(A) in determining whether applications submitted
                    under section 2253 meet the requirements of this title
                    relating to scientifically based reading research; and
                        ``(B) in the development of subgrant application
                    forms.

    ``SEC. 2259. <<NOTE: 20 USC 6661h.>>  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

    [[Page 112 STAT. 2681-406]]

            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; <<NOTE: 20 USC
                6661i.>> 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

    [[Page 112 STAT. 2681-407]]

            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  <<NOTE: 20 USC 6702.>> 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

    [[Page 112 STAT. 2681-408]]

                    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--

    [[Page 112 STAT. 2681-409]]

                 <<NOTE: 20 USC 6370.>> (1) by redesignating section 1210 as
            section 1212; and
                (2) by inserting after section 1209 the following:

    <<NOTE: 20 USC 6369a.>> ``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.''.

    [[Page 112 STAT. 2681-410]]

    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. <<NOTE: 20 USC 6369b.>>  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.

    [[Page 112 STAT. 2681-411]]

                SUBTITLE IV--TECHNICAL AND CONFORMING AMENDMENTS

    SEC. 401. TECHNICAL AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.

                (1) <<NOTE: 29 USC 2821.>> Section 111(c) of the Workforce
            Investment Act of 1998 is amended by striking ``Chairman'' and
            inserting ``Chairperson''.
                (2) <<NOTE: 29 USC 2822.>> Section 112(c)(1) of such Act is
            amended by striking ``; and'' and inserting ``; or''.
                (3) <<NOTE: 29 USC 2831.>>  Section 116(a)(3)(D)(ii)(I)(aa)
            of such Act is amended by striking ``; or'' and inserting ``;
            and''.
                 <<NOTE: 29 USC 2832.>> (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).''.
                 <<NOTE: 29 USC 2864.>> (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.''.
                 <<NOTE: 29 USC 2899.>> (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) <<NOTE: 29 USC 2911.>>  Section 166(h)(3)(A) of such Act
            is amended by striking ``paragraph (2)'' and inserting
            ``subparagraph (B)''.
                 <<NOTE: 29 USC 2912.>> (8) Section 167(d) of such Act is
            amended by inserting ``and section 127(b)(1)(A)(iii)'' after
            ``this section''.
                 <<NOTE: 29 USC 2915.>> (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)''.
                 <<NOTE: 29 USC 2916.>> (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.''.
                 <<NOTE: 29 USC 2918.>> (12) Section 173(a)(2) of such Act
            is amended by striking ``the Robert'' and inserting ``The
            Robert''.
                 <<NOTE: 29 USC 2939.>> (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).
                 <<NOTE: 29 USC 2942.>> (14) Paragraphs (2) and (3) of
            section 192(a) of such Act are amended by striking ``), to'' and
            inserting ``) to''.

    [[Page 112 STAT. 2681-412]]

                 <<NOTE: 29 USC 2701 note.>> (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) <<NOTE: 29 USC 760-765.>> Section 405 of such Act is
            amended by striking ``et seq.),'' and inserting ``et seq.)''.
                 <<NOTE: 20 USC 9271.>> (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.''.
                 <<NOTE: 20 USC 9275.>> (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''.
                 <<NOTE: 20 USC 9276.>> (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 <<NOTE: 29 USC 705-
            718.>> (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 <<NOTE: 29 USC 701
            note.>> follows through ``Short Title.--'' and inserting the
            following:

    ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        ``(a) Short Title.--''.

    [[Page 112 STAT. 2681-413]]

                 <<NOTE: 29 USC 701.>> (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.--''.
                 <<NOTE: 29 USC 705.>> (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''.
                 <<NOTE: 29 USC 716.>> (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.--''.
                 <<NOTE: 29 USC 717.>> (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) <<NOTE: 29 USC 718.>> 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.--''.
                 <<NOTE: 29 USC 730. ``state allotments>> (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:

        ``Sec. 110. (a)(1) Subject''.
                 <<NOTE: 29 USC 731. ``payments to states>> (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:

        ``Sec. 111. (a)(1) Except''.
                 <<NOTE: 29 USC 732. ``client assistance program>> (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:

        ``Sec. 112. (a) From''.
                 <<NOTE: 29 USC 741. ``vocational rehabilitation services
            grants>> (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:

    [[Page 112 STAT. 2681-414]]

        ``Sec. 121. (a) The''.
                (11) Section 205 of such Act (as so amended) is further
            amended <<NOTE: 29 USC 765.>> 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 <<NOTE: 29 USC 795g.>> 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 <<NOTE: 29 USC 795h.>> 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 <<NOTE: 29 USC 795i.>> 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 <<NOTE: 29 USC 795j.>> 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 <<NOTE: 29 USC 795k.>> 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 <<NOTE: 29 USC 795l.>> 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 <<NOTE: 29 USC 795m.>> 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 <<NOTE: 29 USC 795n.>> by striking the section heading
            and all that follows through ``There'' and inserting the
            following:

    ``SEC. 628. AUTHORIZATION OF APPROPRIATIONS.

        ``There''.

    [[Page 112 STAT. 2681-415]]

        (c) Other Amendments.--
                (1) Section 7 of such Act (as so amended and redesignated in
            subsection <<NOTE: 29 USC 705.>> (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 <<NOTE: 29 USC 707.>> (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 <<NOTE: 29 USC 718.>> by striking ``are'' and
            inserting ``is''.
                (4) Section 101(a) of such Act (as so amended) is further
            amended-- <<NOTE: 29 USC 721.>>
                        (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-- <<NOTE: 29 USC 722.>>
                        (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-- <<NOTE: 29 USC 725.>>
                        (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

    [[Page 112 STAT. 2681-416]]

                              (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-- <<NOTE: 29 USC 769d.>>
                        (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 <<NOTE: 29 USC 49l-2.>> 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) <<NOTE: 29 USC 49l-2 note.>> 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)(1)) (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)''.

    [[Page 112 STAT. 2681-417]]

        (d) Corrections Education.--Section 225(a) of the Adult Education
    and Family Literacy Act (20 U.S.C. 9225) is amended--
                (1) in subsection (a), by striking ``or education'' and
            inserting ``and education''; and
                (2) in subsection (c), by striking ``with'' and inserting
            ``within''.

        (e) National Leadership Activities.--Section 243(2)(B) of the Adult
    Education and Family Literacy Act (20 U.S.C. 9253(2)(B)) is amended by
    striking ``qualify'' and inserting ``quality''.
        (f) Incentive Grants.--Section 503(a) of the Workforce Investment
    Act of 1998 (20 U.S.C. 9273(a)) is amended by striking ``expected'' and
    inserting ``adjusted''.

    SEC. 405. CONFORMING AMENDMENTS.

        (a) References to Section 204 of the Immigration Reform and Control
    Act of 1986.--The table of contents for the Immigration Reform and
    Control Act of 1986 is amended by striking the item relating to section
    204 of such Act.
        (b) References to Title II of Public Law 95-250.--Section 103 of
    Public Law 95-250 (16 U.S.C. 79l) is amended--
                (1) by striking the second sentence of subsection (a); and
                (2) by striking the second sentence of subsection (b).

        (c) References to Subtitle C of Title VII of the Stewart B. McKinney
    Homeless Assistance Act.--
                (1) Table of contents relating to subtitle c of title vii.--
            The table of contents of the Stewart B. McKinney Homeless
            Assistance Act (42 U.S.C. 11421 et seq.) is amended by striking
            the
    items relating to sections 731 through 737, and sections 739 through
    741, of such Act.
                (2) Title vii.--Title VII of such Act is amended by
            inserting before section 738 the following:

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

                (3) Title 31, united states code.--Section 6703(a) of title
            31, United States Code, is amended--
                        (A) by striking paragraph (15); and
                        (B) by redesignating paragraphs (16) through (19) as
                    paragraphs (15) through (18), respectively.

        (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

    [[Page 112 STAT. 2681-418]]

                        (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

    [[Page 112 STAT. 2681-419]]

                          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'';

    [[Page 112 STAT. 2681-420]]

                              (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.--

    [[Page 112 STAT. 2681-421]]

                        (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''.

    [[Page 112 STAT. 2681-422]]

                (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

    [[Page 112 STAT. 2681-423]]

                    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''.

    [[Page 112 STAT. 2681-424]]

                        (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,''.

    [[Page 112 STAT. 2681-425]]

                (30) Social security act.--Section 403(a)(5) of Social
            Security Act (42 U.S.C. 603(a)(5)) is amended--
                        (A) in subparagraph (A)(vii)(I), by striking ``(as
                    described in section 103(c) of the Job Training
                    Partnership Act)'' and inserting ``(as described in
                    section 103(c) of the Job Training Partnership Act or
                    defined in section 101 of the Workforce Investment Act
                    of 1998)''; and
                        (B) in subparagraph (D)--
                              (i) in clause (ii), by striking ``means, with
                          respect to a service delivery area, the private
                          industry council (or successor entity) established
                          for the service delivery area pursuant to the Job
                          Training Partnership Act'' and inserting ``means,
                          with respect to a service delivery area, the
                          private industry council or local workforce
                          investment board established for the service
                          delivery area pursuant to the Job Training
                          Partnership Act or title I of the Workforce
                          Investment Area of 1998, as appropriate''; and
                              (ii) in clause (iii), by striking ``shall have
                          the meaning given such term (or the successor to
                          such term) for purposes of the Job Training
                          Partnership Act'' and inserting ``shall have the
                          meaning given such term for purposes of the Job
                          Training Partnership Act or shall mean a local
                          area as defined in section 101 of the Workforce
                          Investment Act of 1998, as appropriate''.
                (31) United states housing act.--Section 23 of the United
            States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
                        (A) in subsection (b)(2)(A), by striking ``the Job
                    Training'' and all that follows through ``or the'' and
                    inserting ``the Job Training Partnership Act or title I
                    of the Workforce Investment Act of 1998 or the'';
                        (B) in the first sentence of subsection (f)(2), by
                    striking ``programs under the'' and all that follows
                    through ``and the'' and inserting ``programs under the
                    Job Training Partnership Act or title I of the Workforce
                    Investment Act of 1998 or the''; and
                        (C) in subsection (g)--
                              (i) in paragraph (2), by striking ``programs
                          under the'' and all that follows through ``and
                          the'' and inserting ``programs under the Job
                          Training Partnership Act or title I of the
                          Workforce Investment Act of 1998 or the''; and
                              (ii) in paragraph (3)(H), by striking
                          ``program under'' and all that follows through
                          ``and any other'' and inserting ``programs under
                          the Job Training Partnership Act or title I of the
                          Workforce Investment Act of 1998 and any other''.
                (32) Housing act of 1949.--Section 504(c)(3) of the Housing
            Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking
            ``pursuant to'' and all that follows through ``or the'' and
            inserting ``pursuant to
    the Job Training Partnership Act or title I of the Workforce Investment
    Act of 1998 or the''.
                (33) Older americans act of 1965.--
                        (A) Section 203.--Section 203 of the Older Americans
                    Act of 1965 (42 U.S.C. 3013) is amended--
                              (i) in subsection (a)(2), by striking the last
                          sentence and inserting the following: ``In
                          particular, the

    [[Page 112 STAT. 2681-426]]

                          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

    [[Page 112 STAT. 2681-427]]

            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

    [[Page 112 STAT. 2681-428]]

    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.

    [[Page 112 STAT. 2681-429]]

                (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)) is
    amended by striking ``Notwithstanding section 142(b) of the Job Training
    Partnership Act or section 181(a)(2) of the Workforce Investment Act of
    1998, earnings to individuals participating in on-the-job training
    programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training
    Partnership Act or in on-the-job training under title I of the Workforce
    Investment Act of 1998'' and inserting ``Notwithstanding section
    181(a)(2) of the Workforce Investment Act of 1998, earnings to
    individuals participating in on-the-job training under title I of the
    Workforce Investment Act of 1998''
                        (B) Section 6.--Section 6 of the Food Stamp Act of
                    1977 (7 U.S.C. 2015) is amended--
                              (i) in subsection (d)(4)(M), by striking ``the
                          State public employment offices and agencies
                          operating programs under the Job Training
                          Partnership Act or of'';
                              (ii) in subsection (e)(3), by striking
                          subparagraph (A) and inserting the following:
                        ``(A) a program under title I of the Workforce
                    Investment Act of 1998;''; and
                              (iii) in subsection (o)(1)(A), by striking
                          ``Job Training Partnership Act or''.
                        (C) Section 17.--The second sentence of section
                    17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C.
                    2026(b)(2)) is amended by striking ``the Job Training
                    Partnership Act or''.
                (3) Personal responsibility and work opportunity
            reconciliation act of 1996.--
                        (A) Section 403(c)(2)(K) of the Personal
                    Responsibility and Work Opportunity Reconciliation Act
                    of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking
                    ``Job Training Partnership Act or''.

    [[Page 112 STAT. 2681-430]]

                        (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''.

    [[Page 112 STAT. 2681-431]]

                (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--

    [[Page 112 STAT. 2681-432]]

                              (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--

    [[Page 112 STAT. 2681-433]]

                        (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''.

    [[Page 112 STAT. 2681-434]]

                (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) <<NOTE: 5 USC 3502 note.>>  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.--

    [[Page 112 STAT. 2681-435]]

                        (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. <<NOTE: 29 USC 2940.>>  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 <<NOTE: 29 USC 2940
            note.>> 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 <<NOTE: 29 USC 2940 note.>> 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

    [[Page 112 STAT. 2681-436]]

                        ``(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 <<NOTE: Women's Health and Cancer Rights Act of
    1998.>> HEALTH AND CANCER RIGHTS

    <<NOTE: 42 USC 201 note.>> 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:

    `` <<NOTE: 29 USC 1185b.>> 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;

    [[Page 112 STAT. 2681-437]]

                ``(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.''.

    [[Page 112 STAT. 2681-438]]

        (c) Effective <<NOTE: 29 USC 1185b note.>> 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. <<NOTE: 42 USC 300gg-6.>> 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 <<NOTE: 42 USC 300gg-
                52.>> 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.''.
         <<NOTE: 42 USC 300gg-6 note.>> (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.-- <<NOTE: 42 USC 300gg-52 note.>> 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.

    [[Page 112 STAT. 2681-439]]

          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:

                                     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.

    [[Page 112 STAT. 2681-440]]

              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

    [[Page 112 STAT. 2681-441]]

    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

        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,

    [[Page 112 STAT. 2681-442]]

    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

        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.

    [[Page 112 STAT. 2681-443]]

                                   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

        For all necessary expenses of the Coast Guard Reserve, as authorized
    by law; maintenance and operation of facilities; and supplies,
    equipment, and services; $69,000,000: Provided, That no more than
    $20,000,000 of funds made available under this heading may be
    transferred to Coast Guard ``Operating expenses'' or otherwise made
    available to reimburse the Coast Guard for financial support of the
    Coast Guard Reserve: Provided further, That none of the funds in this
    Act may be used by the Coast Guard to assess direct charges on the Coast
    Guard Reserves for items or activities which were not so charged during
    fiscal year 1997.

                   Research, Development, Test, and Evaluation

        For necessary expenses, not otherwise provided for, for applied
    scientific research, development, test, and evaluation; maintenance,
    rehabilitation, lease and operation of facilities and equipment, as
    authorized by law, $12,000,000, to remain available until expended, of
    which $3,500,000 shall be derived from the Oil Spill Liability Trust
    Fund: Provided, That there may be credited to and used for the purposes
    of this appropriation funds received from State and local governments,
    other public authorities, private sources, and foreign countries, for
    expenses incurred for research, development, testing, and evaluation.

                         FEDERAL AVIATION ADMINISTRATION

                                   Operations

        Notwithstanding any other provision of law, for necessary expenses
    of the Federal Aviation Administration, not otherwise provided for,
    including operations and research activities related to commercial space
    transportation, administrative expenses for research and development,
    establishment of air navigation facilities, the operation (including
    leasing) and maintenance of aircraft, subsidizing the cost of
    aeronautical charts and maps sold to the public, and carrying out the
    provisions of subchapter I of chapter 471 of title 49, United States
    Code, or other provisions of law authorizing the obligation of funds for
    similar programs of airport and airway development or improvement, lease
    or purchase of passenger motor vehicles for replacement only, in
    addition to
    amounts made available by Public Law 104-264, $5,562,558,000 of which
    $4,112,174,000 shall be derived from the Airport and Airway Trust Fund:
    Provided, That none of the funds in this Act shall be available for the
    Federal Aviation Administration to plan, finalize, or implement any
    regulation that would promulgate new aviation user

    [[Page 112 STAT. 2681-444]]

    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

        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

    [[Page 112 STAT. 2681-445]]

    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

        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

        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

    [[Page 112 STAT. 2681-446]]

    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

         <<NOTE: 49 USC 40113 note.>> 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

         <<NOTE: 23 USC 104 note.>> None of the funds in this Act shall be
    available for the implementation or execution of programs, the
    obligations for which are in excess of $25,511,000,000 for Federal-aid
    highways and highway safety construction programs for fiscal year 1999:
    Provided, That, notwithstanding any other provision of law, within the
    $25,511,000,000 obligation limitation on Federal-aid highways and
    highway safety construction programs, not more than $200,000,000 shall
    be available for the implementation or execution of programs for
    Intelligent Transportation Systems (Sections 5204, 5205, 5206, 5207,
    5208, and 5209 of Public Law 105-178) for fiscal year 1999; not more
    than $178,150,000 shall be available for the implementation or execution
    of programs for transportation research (Sections 502, 503, 504, 506,
    507, and 508 of title 23, United States Code, as amended; section 5505
    of title 49, United States Code, as amended; and section 5112 of Public
    Law 105-178) for fiscal year 1999; not more than $38,000,000 shall be
    available for the implementation or execution of programs for Ferry Boat
    and Ferry Terminal Facility Program (Section 1064 of the Intermodal
    Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
    Stat. 2005) as amended)) for fiscal year 1999; not more than $15,000,000
    shall be available for the implementation or execution of programs for
    the Magnetic Levitation Transportation Technology Deployment

    [[Page 112 STAT. 2681-447]]

    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;

    [[Page 112 STAT. 2681-448]]

                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

        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

          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''.

    [[Page 112 STAT. 2681-449]]

                 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                             Operations and Research

        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

        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

        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

        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

    [[Page 112 STAT. 2681-450]]

    $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: <<NOTE: 40 USC 817 note.>>  Provided, That, as
    part of the Washington Union Station transaction in which the Secretary
    assumed the first deed of trust on the property and, where the Union
    Station Redevelopment Corporation or any successor is obligated to make
    payments on such deed of trust on the Secretary's behalf, including
    payments on and after September 30, 1988, the Secretary is authorized to
    receive such payments directly from the Union Station Redevelopment
    Corporation, credit them to the appropriation charged for the first deed
    of trust, and make payments on the first deed of trust with those funds:
    Provided further, That such additional sums as may be necessary for
    payment on the first deed of trust may be advanced by the Administrator
    from unobligated balances available to the Federal Railroad
    Administration, to be reimbursed from payments received from the Union
    Station Redevelopment Corporation.

                                 Railroad Safety

        For necessary expenses in connection with railroad safety, not
    otherwise provided for, $61,488,000, of which $3,825,000 shall remain
    available until expended: Provided, That notwithstanding any other
    provision of law, funds appropriated under this heading are available
    for the reimbursement of out-of-state travel and per diem costs incurred
    by employees of State governments directly supporting the Federal
    railroad safety program, including regulatory development and
    compliance-related activities.

                        Railroad Research and Development

        For necessary expenses for railroad research and development,
    $22,364,000, to remain available until expended: Provided, That the
    Secretary is authorized to sell aluminum reaction rail, power rail base,
    and other related materials located at the Transportation

    [[Page 112 STAT. 2681-451]]

    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

    [[Page 112 STAT. 2681-452]]

    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;

    [[Page 112 STAT. 2681-453]]

                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

        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

        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.

    [[Page 112 STAT. 2681-454]]

       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

    [[Page 112 STAT. 2681-455]]

      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

    [[Page 112 STAT. 2681-456]]

     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

    [[Page 112 STAT. 2681-457]]

     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

    [[Page 112 STAT. 2681-458]]

     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;

    [[Page 112 STAT. 2681-459]]

                $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;

    [[Page 112 STAT. 2681-460]]

                $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;

    [[Page 112 STAT. 2681-461]]

                $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

        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.

    [[Page 112 STAT. 2681-462]]

                      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

        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.

    [[Page 112 STAT. 2681-463]]

                                 Pipeline Safety

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
    program responsibilities of the Oil Pollution Act of 1990, $33,248,000,
    of which $4,248,000 shall be derived from the Oil Spill Liability Trust
    Fund and shall remain available until September
    30, 2001; and of which $29,000,000 shall be derived from the Pipeline
    Safety Fund, of which $16,219,000 shall remain available until September
    30, 2001: Provided, That in addition to amounts made available for the
    Pipeline Safety Fund, $1,400,000 shall be available for grants to States
    for the development and establishment of one-call notification systems
    and public education activities, and shall be derived from amounts
    previously collected under 49 U.S.C. 60301.

                          Emergency Preparedness Grants

        For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September
    30, 2001: Provided, That not more than $11,000,000 shall be made
    available for obligation in fiscal year 1999 from amounts made available
    by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none of the
    funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be made
    available for obligation by individuals other than the Secretary of
    Transportation, or his designee.

                           OFFICE OF INSPECTOR GENERAL

                              Salaries and Expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $43,495,000.

                          SURFACE TRANSPORTATION BOARD

                              Salaries and Expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $16,000,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $2,600,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 1999, to
    result in a final appropriation from the general fund estimated at no
    more than $16,000,000: Provided further, That any fees received in
    excess of $2,600,000 in fiscal year 1999

    [[Page 112 STAT. 2681-464]]

    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

        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. <<NOTE: 49 USC 106 note.>>  Funds appropriated under this
    Act for expenditures by the Federal Aviation Administration shall be
    available: (1) except

    [[Page 112 STAT. 2681-465]]

    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. <<NOTE: 23 USC 104 note.>> (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

    [[Page 112 STAT. 2681-466]]

            (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
            safety
    construction programs (other than the minimum guarantee program, but
    only to the extent that amounts apportioned for the minimum guarantee
    program for such fiscal year exceed $2,639,000,000, and the Appalachian
    development highway system program) that are apportioned by the
    Secretary under title 23, United States Code, in the ratio that--
                        (A) sums authorized to be appropriated for such
                    programs that are apportioned to each State for such
                    fiscal year, bear to
                        (B) the total of the sums authorized to be
                    appropriated for such programs that are apportioned to
                    all States for such fiscal year.

        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid Highways shall not apply to obligations

    [[Page 112 STAT. 2681-467]]

    (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. <<NOTE: 49 USC 5338 note.>> 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.

    [[Page 112 STAT. 2681-468]]

        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. <<NOTE: 49 USC 44502 note.>>  Notwithstanding any other
    provision of law, airports may transfer, without consideration, to the
    Federal Aviation Administration (FAA) instrument landing systems (along
    with associated approach lighting equipment and runway visual range
    equipment) which conform to FAA design and performance specifications,
    the purchase of which was assisted by a Federal airport-aid program,
    airport development aid program or airport
    improvement program grant. The FAA shall accept such equipment, which
    shall thereafter be operated and maintained by the FAA in accordance
    with agency criteria.

        Sec. 315. None of the funds in this Act shall be available to award
    a multiyear contract for production end items that: (1) includes
    economic order quantity or long lead time material procurement in excess
    of $10,000,000 in any one year of the contract; (2) includes a
    cancellation charge greater than $10,000,000 which at the time of
    obligation has not been appropriated to the limits of the Government's
    liability; or (3) includes a requirement that permits performance under
    the contract during the second and subsequent years of the contract
    without conditioning such performance upon the appropriation of funds:
    Provided, That this limitation does not apply to a contract in which the
    Federal Government incurs no financial liability from not buying
    additional systems, subsystems, or components beyond the basic contract
    requirements.
        Sec. 316. Section 218 of title 23, United States Code, is amended--
                (1) in subsection (a)--
                        (A) in the first sentence by striking ``the south
                    Alaskan border'' and inserting ``Haines'' in lieu
                    thereof;
                        (B) in the third sentence by striking ``highway''
                    and inserting ``highway or the Alaska Marine Highway
                    System'' in lieu thereof;
                        (C) in the fourth sentence by striking ``any other
                    fiscal year thereafter'' and inserting ``any other
                    fiscal year thereafter, including any portion of any
                    other fiscal year thereafter, prior to the date of the
                    enactment of the Transportation Equity Act for the 21st
                    Century'' in lieu thereof;
                        (D) in the fifth sentence by striking ``construction
                    of such highways until an agreement'' and inserting
                    ``construction of the portion of such highways that are
                    in Canada until an agreement'' in lieu thereof; and
                (2) in subsection (b) by inserting ``in Canada'' after
            ``undertaken''.

        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.

    [[Page 112 STAT. 2681-469]]

        Sec. 318. Notwithstanding any other provision of law, any funds
    appropriated before October 1, 1998, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure may
    be transferred to and administered under the most recent appropriation
    heading for any such section.
        Sec. 319. None of the funds in this Act may be used to compensate in
    excess of 350 technical staff-years under the federally funded research
    and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 1999.
        Sec. 320. Funds provided in this Act for the Transportation
    Administrative Service Center (TASC) shall be reduced by $15,000,000,
    which limits fiscal year 1999 TASC obligational authority for elements
    of the Department of Transportation funded in this Act to no more than
    $109,124,000: Provided, That such reductions from the budget request
    shall be allocated by the Department of Transportation to each
    appropriations account in proportion to the amount included in each
    account for the Transportation Administrative Service Center.
        Sec. 321. Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training may be credited respectively
    to the Federal Highway Administration's ``Limitation on General
    Operating Expenses'' account, the Federal Transit Administration's
    ``Transit Planning and Research'' account, and to the Federal Railroad
    Administration's ``Railroad Safety'' account, except for State rail
    safety inspectors participating in training pursuant to 49 U.S.C. 20105.
        Sec. 322. None of the funds in this Act shall be available to
    prepare, propose, or promulgate any regulations pursuant to title V of
    the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901 et
    seq.) prescribing corporate average fuel economy standards for
    automobiles, as defined in such title, in any model year that differs
    from standards promulgated for such automobiles prior to enactment of
    this section.
        Sec. 323. Notwithstanding any other provision of law, the Secretary
    of Transportation shall convey, without consideration, all right, title,
    and interest of the United States in and to the parcels of real property
    described in this section, together with any improvements thereon, as
    the Secretary considers appropriate for purposes of the conveyance, to
    the entities described in this section, namely: (1) United States Coast
    Guard Pass Manchac Light
    in Tangipahoa Parish, Louisiana, to the State of Louisiana; and (2)
    Tchefuncte River Range Rear Light in Madisonville, Louisiana, to the
    Town of Madisonville, Louisiana.

        Sec. 324. None of the funds made available in this Act may be used
    for the purpose of promulgating or enforcing any regulation that has the
    practical effect of (a) requiring more than one attendant during
    unloading of liquefied compressed gases, or (b) preventing the attendant
    from monitoring the customer's liquefied compressed gas storage tank
    during unloading.
        Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
    the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such

    [[Page 112 STAT. 2681-470]]

    funds shall be subject to the obligation limitation for Federal-aid
    highways and highway safety construction.
        Sec. 326. None of the funds in this Act may be obligated or expended
    for employee training which: (1) does not meet identified needs for
    knowledge, skills and abilities bearing directly upon the performance of
    official duties; (2) contains elements likely to induce high levels of
    emotional response or psychological stress in some participants; (3)
    does not require prior employee notification of the content and methods
    to be used in the training and written end of course evaluations; (4)
    contains any methods or content associated with religious or quasi-
    religious belief systems or ``new age'' belief systems as defined in
    Equal Employment Opportunity Commission Notice N-915.022, dated
    September 2, 1988; (5) is offensive to, or designed to change,
    participants' personal values or lifestyle outside the workplace; or (6)
    includes content related to human immunodeficiency virus/acquired immune
    deficiency syndrome (HIV/AIDS) other than that necessary to make
    employees more aware of the medical ramifications of HIV/AIDS and the
    workplace rights of HIV-positive employees.
        Sec. 327. None of the funds in this Act shall, in the absence of
    express authorization by Congress, be used directly or indirectly to pay
    for any personal service, advertisement, telegram, telephone, letter,
    printed or written matter, or other device, intended or designed to
    influence in any manner a Member of Congress, to favor or oppose, by
    vote or otherwise, any legislation or appropriation by Congress, whether
    before or after the introduction of any bill or resolution proposing
    such legislation or appropriation: Provided, That this shall not prevent
    officers or employees of the Department of Transportation or related
    agencies funded in this Act from communicating to Members of Congress on
    the request of any Member or to Congress, through the proper official
    channels, requests for legislation or appropriations which they deem
    necessary for the efficient conduct of the public business.
        Sec. 328. Not to exceed $1,000,000 of the funds provided in this Act
    for the Department of Transportation shall be available for the
    necessary expenses of advisory committees: Provided, That this
    limitation shall not apply to advisory committees established for the
    purpose of conducting negotiated rulemaking in accordance with the
    Negotiated Rulemaking Act, 5 U.S.C. 561-570a, or the Coast Guard's
    advisory council on roles and missions
        Sec. 329. <<NOTE: 43 USC 1653 note.>>  Bulk Fuel Storage Tank. (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.

    [[Page 112 STAT. 2681-471]]

        (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.

    [[Page 112 STAT. 2681-472]]

        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;

    [[Page 112 STAT. 2681-473]]

                        (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. <<NOTE: 33 USC 2720 note.>>  (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 <<NOTE: Regulations.>> 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

    [[Page 112 STAT. 2681-474]]

    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''.

    [[Page 112 STAT. 2681-475]]

        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

    [[Page 112 STAT. 2681-476]]

                (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-- <<NOTE: 49 USC 5307 note.>>
                (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.

    [[Page 112 STAT. 2681-477]]

        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

    [[Page 112 STAT. 2681-478]]

    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. 3769. 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:

    [[Page 112 STAT. 2681-479]]

                (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.

    [[Page 112 STAT. 2681-480]]

    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) shall apply
            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:

                       TITLE I--DEPARTMENT OF THE TREASURY

                              Departmental Offices

        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

    [[Page 112 STAT. 2681-481]]

    method used in developing the Departmental Offices Fiscal Year 1999
    President's Budget Justification to the Congress.

                             Automation Enhancement

        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

        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

        For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel expenses of non-
    Federal law enforcement
    personnel to attend meetings concerned with financial intelligence
    activities, law enforcement, and financial regulation; not to exceed
    $14,000 for official reception and representation expenses; and for
    assistance to Federal law

    [[Page 112 STAT. 2681-482]]

    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

        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

        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

    [[Page 112 STAT. 2681-483]]

    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, <<NOTE: 42 USC 3771
    note. acquisition, construction, improvements, and related
    expenses>> 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.

        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

        For expenses necessary for the detection and investigation of
    individuals involved in organized crime drug trafficking, including

    [[Page 112 STAT. 2681-484]]

    cooperative efforts with State and
    local law enforcement, $51,900,000, of which $7,827,000 shall remain
    available until expended.

                          Financial Management Service

        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.

        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

        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

    [[Page 112 STAT. 2681-485]]

    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

        For necessary expenses of the United States Customs Service,
    including purchase and lease of up to 1,050 motor vehicles of which 550
    are for replacement only and of which 1,030 are for police-type use and
    commercial operations; hire of motor vehicles; contracting with
    individuals for personal services abroad; not to exceed $40,000 for
    official reception and representation expenses; and awards of
    compensation to informers, as authorized by any Act enforced by the
    United States Customs Service, $1,642,565,000, of which such sums as
    become available in the Customs User Fee Account, except sums subject to
    section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
    Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from
    that Account; of the total, not to exceed $150,000 shall be available
    for payment for rental space in connection with preclearance operations,
    not to exceed $4,000,000 shall be available until expended for research,
    not to exceed $5,000,000 shall be available until expended for
    conducting special operations pursuant to 19 U.S.C. 2081, and up to
    $8,000,000 shall be available until expended for the procurement of
    automation infrastructure items, including hardware, software, and
    installation: Provided, That uniforms may be purchased without regard to
    the general purchase price limitation for the current fiscal year:
    Provided further, That of the amount provided, an additional $2,400,000
    shall be made available for staffing and resources for the child
    pornography cybers-muggling initiative: Provided further, That $500,000
    shall be available to fund the expansion of services at the Vermont
    World Trade Office: Provided further, That not to exceed $2,500,000
    shall be available until expended for relocation of the Customs Air
    Branch from Belle Chase to Hammond, Louisiana: Provided further, That
    notwithstanding any other provision of law, the fiscal year aggregate
    overtime limitation

    [[Page 112 STAT. 2681-486]]

    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.

        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.

        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

        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: <<NOTE: 31 USC 306 note.>>  Provided further, That
    notwithstanding any other provisions of law, effective upon enactment
    and thereafter, the Bureau

    [[Page 112 STAT. 2681-487]]

    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

        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.

        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.

        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.

        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

    [[Page 112 STAT. 2681-488]]

    $103,000,000 shall be available only for improvements to customer
                                    service.

        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.

        Section 101. Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be transferred
    to any other Internal Revenue Service appropriation upon the advance
    approval of the House and Senate Committees on Appropriations.
         Sec. 102. <<NOTE: 26 USC 7803 note.>>  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. <<NOTE: 26 USC 6103 note.>> 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

    [[Page 112 STAT. 2681-489]]

    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

        For necessary expenses of the United States Secret Service,
    including purchase of not to exceed 739 vehicles for police-type use, of
    which 675 shall be for replacement only, and hire of passenger motor
    vehicles; hire of aircraft; training and assistance requested by State
    and local governments, which may be provided without reimbursement;
    services of expert witnesses at such rates as may be determined by the
    Director; rental of buildings in the District of Columbia, and fencing,
    lighting, guard booths, and other facilities on private or other
    property not in Government ownership or control, as may be necessary to
    perform protective functions; for payment of per diem and/or subsistence
    allowances to employees where a protective assignment during the actual
    day or days of the visit of a protectee require an employee to work 16
    hours per day or to remain overnight at his or her post of duty; the
    conducting of and participating in firearms matches; presentation of
    awards; for travel of Secret Service employees on protective missions
    without regard to the limitations on such expenditures in this or any
    other Act if approval
    is obtained in advance from the Committees on Appropriations; for
    research and development; for making grants to conduct behavioral
    research in support of protective research and operations; not to exceed
    $20,000 for official reception and representation expenses; not to
    exceed $50,000 to provide technical assistance and equipment to foreign
    law enforcement organizations in counterfeit investigations; for payment
    in advance for commercial accommodations as may be necessary to perform
    protective functions; and for uniforms without regard to the general
    purchase price limitation for the current fiscal year, $600,302,000:
    Provided, That $18,000,000 provided for protective travel shall remain
    available until September 30, 2000; Provided further, That of the amount
    provided, $5,000,000 shall not be available for obligation until
                               September 30, 1999.

        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

    [[Page 112 STAT. 2681-490]]

    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

    [[Page 112 STAT. 2681-491]]

            ammunition. For purposes of this subparagraph, the term `antique
            firearm' shall not include any weapon which incorporates a
            firearm frame or receiver, any firearm which is converted into a
            muzzle loading weapon, or any muzzle loading weapon which can be
            readily converted to fire fixed ammunition by replacing the
            barrel, bolt, breechblock, or any combination thereof.''.

        Sec. 116. Of the funds available for the purchase of law enforcement
    vehicles, no funds may be obligated until the Secretary of the Treasury
    certifies that the purchase by the respective Treasury bureau is
    consistent with the vehicle management principles: Provided, That the
    Secretary may delegate this authority to the Assistant Secretary for
    Management.
        Sec. 117. Exception to Immunity From Attachment or Execution. (a)
    Section 1610 of title 28, United States Code, is amended by adding at
    the end the following new subsection:
        ``(f)(1)(A) Notwithstanding any other provision of law, including
    but not limited to section 208(f) of the Foreign Missions Act (22 U.S.C.
    4308(f)), and except as provided in subparagraph (B), any property with
    respect to which financial transactions are prohibited or regulated
    pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C.
    App. 5(b)), section 620(a) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2370(a)), sections 202 and 203 of the International Emergency
    Economic Powers Act (50 U.S.C. 1701-1702), or any other proclamation,
    order, regulation, or license issued pursuant thereto, shall be subject
    to execution or attachment in aid of execution of any judgment relating
    to a claim for which a foreign state (including any agency or
    instrumentality or such state) claiming such property is not immune
    under section 1605(a)(7).
        ``(B) Subparagraph (A) shall not apply if, at the time the property
    is expropriated or seized by the foreign state, the property has been
    held in title by a natural person or, if held in trust, has been held
    for the benefit of a natural person or persons.
        ``(2)(A) At the request of any party in whose favor a judgment has
    been issued with respect to a claim for which the foreign state is not
    immune under section 1605(a)(7), the Secretary of the Treasury and the
    Secretary of State shall fully, promptly, and effectively assist any
    judgment creditor or any court that has issued any such judgment in
    identifying, locating, and executing against the property of that
    foreign state or any agency or instrumentality of such state.
        ``(B) In providing such assistance, the Secretaries--
                ``(i) may provide such information to the court under seal;
            and
                ``(ii) shall provide the information in a manner sufficient
            to allow the court to direct the United States Marshall's office
            to promptly and effectively execute against that property.''.

        (b) Conforming Amendment.--Section 1606 of title 28, United States
    Code, is amended by inserting after ``punitive damages'' the following:
    ``, except any action under section 1605(a)(7) or 1610(f)''.
        (c) Effective Date <<NOTE: 28 USC 1610 note.>> .--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.

    [[Page 112 STAT. 2681-492]]

        (d) Waiver.-- <<NOTE: 28 USC 1610 note.>> 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''.

      <<NOTE: Postal Service 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: <<NOTE: 39 USC 403 note.>> 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''.

        <<NOTE: Executive Office 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

        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, <<NOTE: 3 USC 102 note. salaries and
    expenses>> That none of the funds made available for official expenses
                shall be considered as taxable to the President.

        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

    [[Page 112 STAT. 2681-493]]

    of the funds appropriated shall be available for reimbursements to the
    White House Communications Agency.

                     Executive Residence at the White House

        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.

        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

    [[Page 112 STAT. 2681-494]]

    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

        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.

        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

        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.

    [[Page 112 STAT. 2681-495]]

                            National Security Council

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

                            Office of Administration

        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

        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).

    [[Page 112 STAT. 2681-496]]

                     Office of National Drug Control Policy

        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: <<NOTE: 21 USC 1702 note.>>  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

        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.

        For activities to support a national anti-drug campaign for youth,
    and other purposes, authorized by Public Law 100-690, as amended,
    $214,500,000, to remain available until expended: Provided, That such
    funds may be transferred to other Federal departments and agencies
    to carry out such activities: Provided further, That of the funds
    provided, $185,000,000 shall be to support a national media campaign to
    reduce and prevent drug use among young Americans: Provided further,
    That none of the funds provided for the support of a national media
    campaign may be obligated for the following purposes: to supplant
    current anti-drug community based coalitions; to supplant current pro
    bono public service time donated by national and local broadcasting
    networks; for partisan

    [[Page 112 STAT. 2681-497]]

    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

    [[Page 112 STAT. 2681-498]]

    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''.

       <<NOTE: Independent Agencies Appropriations Act, 1999.>> TITLE IV--
    INDEPENDENT AGENCIES

      Committee for Purchase From People Who Are Blind or Severely Disabled

        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

        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

        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.

    [[Page 112 STAT. 2681-499]]

                         General Services Administration

        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:

    [[Page 112 STAT. 2681-500]]

                              Cape Girardeau, U.S. courthouse, $2,196,000
                        Montana:
                              Babb, Piegan border station, $6,165,000
                        New York:
                              Brooklyn, U.S. courthouse, $152,626,000
                              New York, U.S. Mission to the United Nations,
                          $3,163,000
                        Oregon:
                              Eugene, U.S. courthouse, $7,190,000
                        Tennessee:
                              Greenville, U.S. courthouse, $28,229,000
                        Texas:
                              Laredo, U.S. courthouse, $28,105,000
                        West Virginia:
                              Wheeling, U.S. courthouse, $29,303,000
                        Nationwide:
                              Non-prospectus, $10,000,000:

    Provided, That each of the immediately foregoing limits of costs on new
    construction projects may be exceeded to the extent that savings are
    effected in other such projects, but not to exceed 10 percent unless
    advance approval is obtained from the Committees on Appropriations of a
    greater amount: Provided further, That notwithstanding any other
    provision of law in order to rescind a General Services Administration
    property sale, the General Services Administration is authorized to re-
    acquire that parcel of land on Block 111, East Denver, Denver, Colorado,
    which was sold at public auction by the Federal government to its
    present owner pursuant to paragraphs (6) and (7) of section 12 of Public
    Law 94-204 (43 U.S.C. 1611 note) at a price equivalent to the 1988
    auction sale price
    plus the amount of cumulative consumer price index, pursuant to the
    methodology as used in Public Law 104-42, Sec. 107(a), from the closing
    date of the sale until the date of re-acquisition by the Federal
    government, offset by any net income received from the property by the
    present owner since the 1988 sale: Provided further, That the funds
    provided in Public Law 102-393 for Hilo, Hawaii, shall be expended for
    the planning and design of the Mauna Kea Astronomy Educational Center,
    notwithstanding Public Law 103-123, and of the funds provided not more
    than $475,000 is to be disbursed in this fiscal year: Provided further,
    That all funds for direct construction projects shall expire on
    September 30, 2000, and remain in the Federal Buildings Fund except for
    funds for projects as to which funds for design or other funds have been
    obligated in whole or in part prior to such date: Provided further, That
    of the funds provided for non-prospectus construction projects,
    $2,100,000 shall be available until expended for acquisition, lease,
    construction, and equipping of flexiplace telecommuting centers:
    Provided further, That from the funds made available under this heading
    in this or prior Acts of Congress, the Administrator of General Services
    may purchase at a price he determines appropriate, notwithstanding any
    other provision of law, property adjacent to the new courthouse
    currently under construction in Scranton, Pennsylvania; (2) $668,031,000
    shall remain available until expended, for repairs and alterations which
    includes associated design and construction services: Provided further,
    That of the amount provided, $161,500,000 shall not be available for
    obligation until September 30, 1999: Provided further, That funds in the
    Federal Buildings Fund for Repairs and

    [[Page 112 STAT. 2681-501]]

    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

    [[Page 112 STAT. 2681-502]]

    provide a new fence surrounding the Suitland Federal Complex in
    Suitland, Maryland: Provided further, That $5,700,000 of the funds
    provided under this heading in Public Law 103-329 for the Holtsville,
    New York, IRS Service Center shall remain available until September 30,
    1999: Provided further, That the amount provided in this or any prior
    Act for Basic Repairs and Alterations may be used to pay claims against
    the Government arising from any projects under the heading ``Repairs and
    Alterations'' or used to fund authorized increases in prospectus
    projects; (3) $215,764,000 for installment acquisition payments
    including payments on purchase contracts which shall remain available
    until expended; (4) $2,583,261,000 for rental of space which shall
    remain available until expended: Provided further, That of the amount
    provided, $15,000,000 shall not be available for obligation until
    September 30, 1999; and (5) $1,554,772,000 for building operations which
    shall remain available until expended: Provided further, That of the
    amount provided $68,000,000 shall not be available for obligation until
    September 30, 1999: Provided further, That funds available to the
    General Services Administration shall not be available for expenses of
    any construction, repair, alteration and acquisition project for which a
    prospectus, if required by the Public Buildings Act of 1959, as amended,
    has not been approved, except that necessary funds may be expended for
    each project for required expenses for <<NOTE: 40 USC 490i.>> 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 <<NOTE: 40 USC 872 note.>> 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

    [[Page 112 STAT. 2681-503]]

    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.

        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.

        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.

    [[Page 112 STAT. 2681-504]]

        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.

        Sec. 401. The appropriate appropriation or fund available to the
    General Services Administration shall be credited with the cost of
    operation, protection, maintenance, upkeep, repair, and improvement,
    included as part of rentals received from Government corporations
    pursuant to law (40 U.S.C. 129).
        Sec. 402. Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 403. Funds in the Federal Buildings Fund made available for
    fiscal year 1999 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to meet
    program requirements: Provided, That any proposed transfers shall be
    approved in advance by the Committees on Appropriations.
        Sec. 404. No funds made available by this Act shall be used to
    transmit a fiscal year 2000 request for United States Courthouse
    construction that: (1) does not meet the design guide standards for
    construction as established and approved by the General Services
    Administration, the
    Judicial Conference of the United States, and the Office of Management
    and Budget; and (2) does not reflect the priorities of the Judicial
    Conference of the United States as set out in its approved 5-year
    construction plan: Provided, That the fiscal year 2000 request must be
    accompanied by a standardized courtroom utilization study of each
    facility to be constructed, replaced, or expanded.

        Sec. 405. None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency which does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration in compliance with the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 406. Funds provided to other Government agencies by the
    Information Technology Fund, General Services Administration, under 40
    U.S.C. 757 and sections 5124(b) and 5128 of Public Law 104-106,
    Information Technology Management Reform Act of 1996, for performance of
    pilot information technology projects which have potential for
    Government-wide benefits and savings, may be repaid to this Fund from
    any savings actually incurred by these projects or other funding, to the
    extent feasible.
        Sec. 407. From funds made available under the heading ``Federal
    Buildings Fund Limitations on Revenue'', claims against the Government
    of less than $250,000 arising from direct construction projects and
    acquisition of buildings may be liquidated from savings effected in
    other construction projects with prior notification to the Committees on
    Appropriations.

    [[Page 112 STAT. 2681-505]]

        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.

        Sec. 410. Department of Transportation Headquarters. (a) In
    General.--The Administrator of General Services shall--
                (1) enter into an operating lease to acquire space for the
            Department of Transportation headquarters; and
                (2) commence procurement of the lease not later than
            November 1, 1998:

    Provided, That the annual rent payment does not exceed $55,000,000.
        (b) Terms.--The authority granted in subsection (a) is effective
    only to the extent that the lease acquisition meets the guidelines for
    operating leases set forth in the joint statement of the managers for
    the conference report to the Balanced Budget Agreement of 1997, as
    determined by the Director of the Office of Management and Budget.
        Sec. 411. Notwithstanding any other provision of law, the
    requirement under section 407 of Public Law 104-208 (110 Stat. 3009-337-
    38), that the Administrator of General Services charge user fees for
    flexiplace telecommuting centers that approximate commercial charges for
    comparable space and services but in no instance less than the amount
    necessary to pay the cost of establishing and operating such centers,
    shall not apply to the user fees charged for the period beginning
    October 1, 1996, and ending

    [[Page 112 STAT. 2681-506]]

    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.

    [[Page 112 STAT. 2681-507]]

        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

        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

        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.

        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

    [[Page 112 STAT. 2681-508]]

    study and design of the National Archives Anchorage, Alaska, facility.

             National Historical Publications and Records Commission

        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

        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

        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

    [[Page 112 STAT. 2681-509]]

    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.

        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.

        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.

        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.

        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, <<NOTE: 33 USC 776.>>  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.

    [[Page 112 STAT. 2681-510]]

                            Office of Special Counsel

        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

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $32,765,000: <<NOTE: 26 USC
    7443 note.>>  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

    [[Page 112 STAT. 2681-511]]

    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.

    [[Page 112 STAT. 2681-512]]

        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:
                 <<NOTE: 20 USC 5607b.>> (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
                 <<NOTE: 20 USC 5608.>> (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 <<NOTE: 20 USC 5607a.>> 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.

    [[Page 112 STAT. 2681-513]]

                          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 <<NOTE: 40 USC 490b note.>> 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. <<NOTE: 31 USC 1343 note.>>  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. <<NOTE: 5 USC 3101 note.>>  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

    [[Page 112 STAT. 2681-514]]

    the date of enactment of this Act who, being eligible for citizenship,
    has filed a declaration of intention to become a citizen of the United
    States prior to such date and is actually residing in the United States;
    (3) is a person who owes allegiance to the United States; (4) is an
    alien from Cuba, Poland, South Vietnam, the countries of the former
    Soviet Union, or the Baltic countries lawfully admitted to the United
    States for permanent residence; (5) is a South Vietnamese, Cambodian, or
    Laotian refugee paroled in the United States after January 1, 1975; or
    (6) is a national of the People's Republic of China who qualifies for
    adjustment of status pursuant to the Chinese Student Protection Act of
    1992: Provided, That for the purpose of this section, an affidavit
    signed by any such person shall be considered prima facie evidence that
    the requirements of this section with respect to his or her status have
    been complied with: Provided further, That any person making a false
    affidavit shall be guilty of a felony, and, upon conviction, shall be
    fined no more than $4,000 or imprisoned for not more than 1 year, or
    both: Provided further, That the above penal clause shall be in addition
    to, and not in substitution for, any other provisions of existing law:
    Provided further, That any payment made to any officer or employee
    contrary to the provisions of this section shall be recoverable in
    action by the Federal Government. This section shall not apply to
    citizens of Ireland, Israel, or the Republic of the Philippines, or to
    nationals of those countries allied with the United States in a current
    defense effort, or to international broadcasters employed by the United
    States Information Agency, or to temporary employment of translators, or
    to temporary employment in the field service (not to exceed 60 days) as
    a result of emergencies.

        Sec. 607. Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
    Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
    law.
        Sec. 608. In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 12873
            (October 20, 1993), including any such programs adopted prior to
            the effective date of the Executive order.
                (2) Other Federal agency environmental management programs,
            including, but not limited to, the development and
            implementation of hazardous waste management and pollution
            prevention programs.
                (3) Other employee programs as authorized by law or as
            deemed appropriate by the head of the Federal agency.

        Sec. 609. Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States

    [[Page 112 STAT. 2681-515]]

    Code, shall be available, in addition to objects for which such funds
    are otherwise available, for rent in the District of Columbia; services
    in accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the expenditure
    of such funds unless otherwise specified in the Act by which they are
    made available: Provided, That in the event any functions budgeted as
    administrative expenses are subsequently transferred to or paid from
    other funds, the limitations on administrative expenses shall be
    correspondingly reduced.
        Sec. 610. No part of any appropriation for the current fiscal year
    contained in this or any other Act shall be paid to any person for the
    filling of any position for
    which he or she has been nominated after the Senate has voted not to
    approve the nomination of said person.

        Sec. 611. No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards (except
    Federal Executive Boards), commissions, councils, committees, or similar
    groups (whether or not they are interagency entities) which do not have
    a prior and specific statutory approval to receive financial support
    from more than one agency or instrumentality.
        Sec. 612. Funds made available by this or any other Act to the
    Postal Service Fund (39 U.S.C. 2003) shall be available for employment
    of guards for all buildings and areas owned or occupied by the Postal
    Service and under the charge and control of the Postal Service, and such
    guards shall have, with respect to such property, the powers of special
    policemen provided by the first section of the Act of June 1, 1948, as
    amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
    occupied by the Postal Service, the Postmaster General may take the same
    actions as the Administrator of General Services may take under the
    provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
    (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
    consequences under the authority and within the limits provided in
    section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
    U.S.C. 318c).
        Sec. 613. None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a
    resolution of disapproval duly adopted in accordance with the applicable
    law of the United States.
        Sec. 614. <<NOTE: 5 USC 5343 note.>>  (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--

    [[Page 112 STAT. 2681-516]]

                        (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.

    [[Page 112 STAT. 2681-517]]

        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

    [[Page 112 STAT. 2681-518]]

    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. <<NOTE: 5 USC 5303 note.>>  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. <<NOTE: 5 USC 5546 note.>>  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

    [[Page 112 STAT. 2681-519]]

            or employee with any Member, committee, or subcommittee of the
            Congress as described in paragraph (1).

        Sec. 626. Section 626(b) of the Treasury, Postal Service, and
    General Government Appropriations Act, 1997, as contained in section
    101(f) of Public Law 104-208 (110 Stat. 3009-360), the Omnibus
    Consolidated Appropriations Act, 1997, is amended to read as follows:
    ``(b) Until September 30, 1999, or until the end of the current FTS 2000
    contracts, whichever is earlier, subsection (a) shall continue to apply
    to the use of the funds appropriated by this or any other Act.''.
        Sec. 627. (a) Definitions.--In this section--
                (1) the term ``crime of violence'' has the meaning given
            that term in section 16 of title 18, United States Code; and
                (2) the term ``law enforcement officer'' means any employee
            described in subparagraph (A), (B), or (C) of section 8401(17)
            of title 5, United States Code; and any special agent in the
            Diplomatic Security Service of the Department of State.

        (b) Rule of Construction.--Notwithstanding any other provision of
    law, for purposes of chapter 171 of title 28, United States Code, or any
    other provision of law relating to tort liability, a law enforcement
    officer shall be construed to be acting within the scope of his or her
    office or employment, if the officer takes reasonable action, including
    the use of force, to--
                (1) protect an individual in the presence of the officer
            from a crime of violence;
                (2) provide immediate assistance to an individual who has
            suffered or who is threatened with bodily harm; or
                (3) prevent the escape of any individual who the officer
            reasonably believes to have committed in the presence of the
            officer a crime of violence.

        Sec. 628. Federal Firefighters Overtime Pay Reform Act of 1998. (a)
    In General.--Subchapter V of chapter 55 of title 5, United States Code,
    is amended--
                (1) in section 5542 by adding at the end the following new
            subsection:

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

    ``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,

    [[Page 112 STAT. 2681-520]]

    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.

    [[Page 112 STAT. 2681-521]]

        ``(3) The Office of Personnel Management may prescribe regulations,
    with respect to firefighters subject to this section, that would permit
    an agency to reduce or eliminate the variation in the amount of
    firefighters' biweekly pay caused by work scheduling cycles that result
    in varying hours in the regular tours of duty from pay period to pay
    period. Under such regulations, the pay that a firefighter would
    otherwise receive for regular tours of duty over the work scheduling
    cycle shall, to the extent practicable, remain unaffected.''.
        (b) Technical and Conforming Amendment.--The table of sections for
    chapter 55 of title 5, United States Code, is amended by inserting after
    the item relating to section 5545a the following:

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

        (c) Training.--Section 4109 of title 5, United States Code, is
    amended by adding at the end the following new subsection:
        ``(d) Notwithstanding subsection (a)(1), a firefighter who is
    subject to section 5545b of this title shall be paid
    basic pay and overtime pay for the firefighter's regular tour of duty
    while attending agency sanctioned training.''.

        (d) Inclusion in Basic Pay for Federal Retirement.--Section 8331(3)
    of title 5, United States Code, is amended--
                (1) by striking ``and'' after subparagraph (D);
                (2) by redesignating subparagraph (E) as subparagraph (G);
                (3) by inserting the following:
                        ``(E) with respect to a criminal investigator,
                    availability pay under section 5545a of this title;
                        ``(F) pay as provided in section 5545b(b)(2) and
                    (c)(2); and ''; and
                (4) by striking ``subparagraphs (B), (C), (D), and (E)'' and
            inserting ``subparagraphs (B) through (G)''.

        (e) <<NOTE: 5 USC 4109 note.>>  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.

         <<NOTE: 5 USC 5545b note.>> (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.

         <<NOTE: 5 USC 5545b note.>> (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.

    [[Page 112 STAT. 2681-522]]

        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. <<NOTE: 40 USC 490 note.>>  (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.

    [[Page 112 STAT. 2681-523]]

                (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''.
         <<NOTE: 5 USC 4507 note.>> (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''.

         <<NOTE: 5 USC 5384 note.>> (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 consult
    with such federal agencies as the Secretary or the Postal Service
    considers appropriate, private providers of international postal
    services, users of international postal services, the general public,
    and such other

    [[Page 112 STAT. 2681-524]]

    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)  <<NOTE: 39 USC 407 note.>> 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. <<NOTE: 5 USC 7301 note.>> 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

    [[Page 112 STAT. 2681-525]]

    disclosures of illegality, waste, fraud, abuse or public health or
    safety threats); the Intelligence Identities Protection Act of 1982 (50
    U.S.C. 421 et seq.) (governing disclosures that could expose
    confidential Government
    agents); and the statutes which protect against disclosure that may
    compromise the national security, including sections 641, 793, 794, 798,
    and 952 of title 18, United States Code, and section 4(b) of the
    Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
    requirements, obligations, rights, sanctions, and liabilities created by
    said Executive order and listed statutes are incorporated into this
    agreement and are controlling.'': Provided, That notwithstanding the
    preceding paragraph, a nondisclosure policy form or agreement that is to
    be executed by a person connected with the conduct of an intelligence or
    intelligence-related activity, other than an employee or officer of the
    United States Government, may contain provisions appropriate to the
    particular activity for which such document is to be used. Such form or
    agreement shall, at a minimum, require that the person will not disclose
    any classified information received in the course of such activity
    unless specifically authorized to do so by the United States Government.
    Such nondisclosure forms shall also make it clear that they do not bar
    disclosures to Congress or to an authorized official of an executive
    agency or the Department of Justice that are essential to reporting a
    substantial violation of law.

        Sec. 637. No part of any funds appropriated in this or any other Act
    shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for publicity
    or propaganda purposes, and for the preparation, distribution or use of
    any kit, pamphlet, booklet, publication, radio, television or film
    presentation designed to support or defeat legislation pending before
    the Congress, except in presentation to the Congress itself.
        Sec. 638. (a) In General.--For calendar year 2000, the Director of
    the Office of Management and Budget shall prepare and submit to
    Congress, with the budget submitted under section 1105 of title 31,
    United States Code, an accounting statement and associated report
    containing--
                (1) an estimate of the total annual costs and benefits
            (including quantifiable and nonquantifiable effects) of Federal
            rules and paperwork, to the extent feasible--
                        (A) in the aggregate;
                        (B) by agency and agency program; and
                        (C) by major rule;
                (2) an analysis of impacts of Federal regulation on State,
            local, and tribal government, small business, wages, and
            economic growth; and
                (3) recommendations for reform.

        (b) Notice.--The Director of the Office of Management and Budget
    shall provide public notice and an opportunity to comment on the
    statement and report under subsection (a) before the statement and
    report are submitted to Congress.
        (c) Guidelines.--To implement this section, the Director of the
    Office of Management and Budget shall issue guidelines to agencies to
    standardize--
                (1) measures of costs and benefits; and
                (2) the format of accounting statements.

    [[Page 112 STAT. 2681-526]]

        (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. <<NOTE: 18 USC 846 note.>>  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. <<NOTE: 5 USC note prec. 5941.>>  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

    [[Page 112 STAT. 2681-527]]

    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. <<NOTE: 5 USC 5303 note.>>  (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.
        Sec. 648. International Mail Reporting Requirement. (a) In
    General.--Chapter 36 of title 39, United States Code, is amended by
    adding after section 3662 the following:

    ``Sec. 3663. Annual report on international services

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

    [[Page 112 STAT. 2681-528]]

        (b) Technical and Conforming Amendment.--The table of sections for
    chapter 63 of title 39, United States Code, is amended by adding after
    the item relating to section 3662 the following:

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

        Sec. 649. Extension of Sunset Provision. Section 2(f)(2) of the
    Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended by
    striking ``(2)'' and all that follows through ``10 years'' and inserting
    the following:
                ``(2) Sunset.--Effective 15 years''.

        Sec. 650. Importation of Certain Grains. (a) Findings.--The Congress
    finds that--
                (1) importation of grains into the United States at less
            than the cost to produce those grains is causing injury to the
            United States producers of those grains;
                (2) importation of grains into the United States at less
            than the fair value of those grains is causing injury to the
            United States producers of those grains;
                (3) the Canadian Government and the Canadian Wheat Board
            have refused to disclose pricing and cost information necessary
            to determine whether grains are being exported to the United
            States at prices in violation of United States trade laws or
            agreements.

        (b) Requirements.--
                (1) The Customs Service, consulting with the United States
            Trade Representative and the Department of Commerce, shall
            conduct a study of the efficiency and effectiveness of requiring
            that all spring wheat, durum or barley imported into the United
            States be imported into the United States through a single port
            of entry.
                (2) The Customs Service shall report to the Committees on
            Appropriations and the Senate Committee on Finance and the House
            Committee on Ways and Means not later than ninety days after the
            effective date of this Act on the results of the study required
            by paragraph (1).

        Sec. 651. Designation of Eugene J. McCarthy Post Office Building.
    (a) In General.--The building of the United States Postal Service
    located at 180 East Kellogg Boulevard in Saint Paul, Minnesota, shall be
    known and designated as the ``Eugene J. McCarthy Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Eugene J.
    McCarthy Post Office Building''.
        Sec. 652. The Administrator of General Services may provide, from
    government-wide credit card rebates, up to $3,000,000 in support of the
    Joint Financial Management Improvement Program as approved by the Chief
    Financial Officer's Council.
        Sec. 653. Section 6302(g) of title 5, United States Code, is amended
    by inserting after ``chapter 35'' the following: ``or section 3595''.
        Sec. 654.  <<NOTE: 5 USC 601 note.>> Assessment of Federal
    Regulations and Policies on Families. (a) Purposes.--The purposes of
    this section are to--
                (1) require agencies to assess the impact of proposed agency
            actions on family well-being; and
                (2) improve the management of executive branch agencies.

        (b) Definitions.--In this section--

    [[Page 112 STAT. 2681-529]]

                (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

    [[Page 112 STAT. 2681-530]]

                        (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,

    [[Page 112 STAT. 2681-531]]

            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

    [[Page 112 STAT. 2681-532]]

            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) <<NOTE: 26 USC 3121 note.>>  is amended--
                (1) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4); and
                (2) by inserting after paragraph <<NOTE: 26 USC 3121; 42 USC
            410.>> (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

    [[Page 112 STAT. 2681-533]]

    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)--

    [[Page 112 STAT. 2681-534]]

                        (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

    [[Page 112 STAT. 2681-535]]

                        (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.--

    [[Page 112 STAT. 2681-536]]

                ``(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,

    [[Page 112 STAT. 2681-537]]

                    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

    [[Page 112 STAT. 2681-538]]

                ``(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.

    <<NOTE: 26 USC 3121 note.>> 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.

      <<NOTE: Haitian Refugee Immigration Fairness Act of 1998. 8 USC 1101
    note.>> TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998

        Sec. 901. Short Title. This title may be cited as the ``Haitian
    Refugee Immigration Fairness Act of 1998''.
        Sec. 902.  <<NOTE: 8 USC 1255 note.>> Adjustment of Status of
    Certain Haitian Nationals. (a) Adjustment of Status.--
                (1) In general.--The status of any alien described in
            subsection (b) shall be adjusted by the Attorney General to that
            of an alien lawfully admitted for permanent residence, if the
            alien--
                        (A) applies for such adjustment before April 1,
                    2000; and
                        (B) is otherwise admissible to the United States for
                    permanent residence, except that, in determining such
                    admissibility, the grounds for inadmissibility specified
                    in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
                    section 212(a) of the Immigration and Nationality Act
                    shall not apply.
                (2) Relationship of application to certain orders.--An alien
            present in the United States who has been ordered excluded,
            deported, removed, or ordered to depart voluntarily from the
            United States under any provision of the Immigration and
            Nationality Act may, notwithstanding such order, apply for
            adjustment of status under paragraph (1). Such an alien may not
            be required, as a condition on submitting or granting such
            application, to file a separate motion to reopen, reconsider, or
            vacate such order. If the Attorney General grants the
            application, the Attorney General shall cancel the order. If the
            Attorney General makes a final decision to deny the application,
            the order shall be effective and enforceable to the same extent
            as if the application had not been made.

        (b) Aliens Eligible for Adjustment of Status.--The benefits provided
    by subsection (a) shall apply to any alien who is a national of Haiti
    who--
                (1) was present in the United States on December 31, 1995,
            who--
                        (A) filed for asylum before December 31, 1995,
                        (B) was paroled into the United States prior to
                    December 31, 1995, after having been identified as
                    having a

    [[Page 112 STAT. 2681-539]]

                    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

    [[Page 112 STAT. 2681-540]]

                    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

    [[Page 112 STAT. 2681-541]]

    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.

        Sec. 903.  <<NOTE: 8 USC 1377.>> Collection of Data on Detained
    Asylum Seekers. (a) In General.--The Attorney General shall regularly
    collect data on a nation-wide basis with respect to asylum seekers in
    detention in the United States, including the following information:
                (1) The number of detainees.
                (2) An identification of the countries of origin of the
            detainees.
                (3) The percentage of each gender within the total number of
            detainees.
                (4) The number of detainees listed by each year of age of
            the detainees.
                (5) The location of each detainee by detention facility.
                (6) With respect to each facility where detainees are held,
            whether the facility is also used to detain criminals and
            whether any of the detainees are held in the same cells as
            criminals.
                (7) The number and frequency of the transfers of detainees
            between detention facilities.
                (8) The average length of detention and the number of
            detainees by category of the length of detention.
                (9) The rate of release from detention of detainees for each
            district of the Immigration and Naturalization Service.
                (10) A description of the disposition of cases.

        (b) Annual Reports.--Beginning October 1, 1999, and not later than
    October 1 of each year thereafter, the Attorney General shall submit to
    the Committee on the Judiciary of each House of Congress a report
    setting forth the data collected under subsection (a) for the fiscal
    year ending September 30 of that year.
        (c) Availability to Public.--Copies of the data collected under
    subsection (a) shall be made available to members of the public

    [[Page 112 STAT. 2681-542]]

    upon request pursuant to such regulations as the Attorney General shall
    prescribe.
        Sec. 904.  <<NOTE: 8 USC 1378.>> Collection of Data on Other
    Detained Aliens. (a) In General.--The Attorney General shall regularly
    collect data on a nationwide basis on aliens being detained in the
    United States by the Immigration and Naturalization Service other than
    the aliens described in section 903, including the following
    information:
                (1) The number of detainees who are criminal aliens and the
            number of detainees who are noncriminal aliens who are not
            seeking asylum.
                (2) An identification of the ages, gender, and countries of
            origin of detainees within each category described in paragraph
            (1).
                (3) The types of facilities, whether facilities of the
            Immigration and Naturalization Service or other Federal, State,
            or local facilities, in which each of the categories of
            detainees described in paragraph (1) are held.

        (b) Length of Detention, Transfers, and Dispositions.--With respect
    to detainees who are criminal aliens and detainees who are noncriminal
    aliens who are not seeking asylum, the Attorney General shall also
    collect data concerning--
                (1) the number and frequency of transfers between detention
            facilities for each category of detainee;
                (2) the average length of detention of each category of
            detainee;
                (3) for each category of detainee, the number of detainees
            who have been detained for the same length of time, in 3-month
            increments;
                (4) for each category of detainee, the rate of release from
            detention for each district of the Immigration and
            Naturalization Service; and
                (5) for each category of detainee, the disposition of
            detention, including whether detention ended due to deportation,
            release on parole, or any other release.

        (c) Criminal Aliens.--With respect to criminal aliens, the Attorney
    General shall also collect data concerning--
                (1) the number of criminal aliens apprehended under the
            immigration laws and not detained by the Attorney General; and
                (2) a list of crimes committed by criminal aliens after the
            decision was made not to detain them, to the extent this
            information can be derived by cross-checking the list of
            criminal aliens not detained with other databases accessible to
            the Attorney General.

        (d) Annual Reports.--Beginning on October 1, 1999, and not later
    than October 1 of each year thereafter, the Attorney General shall
    submit to the Committee on the Judiciary of each House of Congress a
    report setting forth the data collected under subsections (a), (b), and
    (c) for the fiscal year ending September 30 of that year.
        (e) Availability to Public.--Copies of the data collected under
    subsections (a), (b), and (c) shall be made available to members of the
    public upon request pursuant to such regulations as the Attorney General
    shall prescribe.
        This Act may be cited as the ``Treasury and General Government
    Appropriations Act, 1999''.

    [[Page 112 STAT. 2681-543]]

        Sec. 102. For the purpose of carrying out the provisions of the
    Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A),
    including hire, maintenance, and operation of aircraft, and purchase and
    hire of passenger motor vehicles, $50,000,000 is hereby appropriated:
    Provided, That use of the funds provided herein is limited to the
    purposes for which funds were provided under this heading in Public Law
    105-62: Provided further, That of the amounts appropriated under this
    section, $7,000,000 shall be available for operation, maintenance,
    surveillance, and improvement of Land Between the Lakes.
        Sec. 103. Repurchase of Bonds by the Tennessee Valley Authority. (a)
    Repurchase.--Notwithstanding any other provision of law or any term
    contained in any bond issued by the Tennessee Valley Authority to the
    Federal Financing Bank--
                (1) subject to subsection (b), the Tennessee Valley
            Authority shall have the right to repurchase all such bonds by
            payment of the principal amount of the bonds plus interest to
            the date of repurchase;
                (2) the Federal Financing Bank shall not require payment
            from the Tennessee Valley Authority of any additional amount in
            connection with the repurchase; and
                (3) there is hereby appropriated to the Federal Financing
            Bank such amounts as may be necessary to pay the difference
            between (1) the amount that the Tennessee Valley Authority paid
            to the Federal Financing Bank to prepay its outstanding loans
            from the Federal Financing Bank under this section and (2) the
            amount that the Federal Financing Bank would have received
            otherwise.

        (b) No Further Financing.--Notwithstanding any other law, after the
    date of repurchase of bonds under subsection (a), the Tennessee Valley
    Authority shall not be entitled or permitted to obtain financing from
    the Federal Financing Bank.
        (c) Use of Savings.--
                (1) In general.--From non-appropriated funds, beginning on
            the date of repurchase of bonds and ending on the date on which
            the bonds would have matured but for this section, amounts that,
            as determined under paragraph (2), are equivalent to amounts
            that the Tennessee Valley Authority saves as a result of the
            repurchase of bonds shall be used to reduce debt of the
            Tennessee Valley Authority.
                (2) Determination of amount of savings.--On each date on
            which a payment of interest would have been made on a
            repurchased bond if the bond had not been repurchased, the
            Tennessee Valley Authority shall be considered to realize a
            saving in the amount of the difference between--
                        (A) the amount of interest that would have been due
                    at the rate of interest specified in the bond; and
                        (B) the amount of interest that would have been due
                    if the rate of interest specified in the bond had been
                    the yield to maturity of a marketable public obligation
                    of the United States with a maturity of 10 years as of
                    September 30, 1997.

        Sec. 104. Section 312 of Public Law 105-245, the Energy and Water
    Development Appropriations Act, 1999, is repealed.
        Sec. 105. An additional amount of $35,000,000, to remain available
    until expended, for Department of Defense--Civil, Department of the
    Army, Corps of Engineers--Civil, ``Construction, General'',

    [[Page 112 STAT. 2681-544]]

    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,

    [[Page 112 STAT. 2681-545]]

    highway projects in the corridor designated by section
    1105(c)(18)(C)(ii) of the Intermodal Surface Transportation Efficiency
    Act of 1991 (105 Stat. 2032-2033), as amended by section 1211(i) of the
    Transportation Equity Act for the 21st Century, $100,000,000, to remain
    available until expended.
        Sec. 115. Notwithstanding any other provision of law, to enable the
    Secretary of Transportation to make grants to the Alaska Railroad,
    $28,000,000, to remain available until expended, which shall be for
    capital improvements benefiting its passenger rail operations.
        Sec. 116. Of the unobligated balances authorized in Public Law 102-
    240 under 49 U.S.C. 5338(b)(1), $392,000,000 is rescinded.
        Sec. 117. Notwithstanding any other provision of law, within the
    funding made available in the Department
    of Transportation and Related 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

    [[Page 112 STAT. 2681-546]]

    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 <<NOTE: 12 USC 1454, 4513.>> 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'' <<NOTE: 42 USC 1437n.>> 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

    [[Page 112 STAT. 2681-547]]

    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.
         <<NOTE: Trade Deficit Review Commission Act. 19 USC 2213
    note.>> Sec. 127. Trade Deficit Review Commission. (a) Short Title.--
    This section may be cited as the ``Trade Deficit Review Commission
    Act''.

        (b) Findings.--Congress makes the following findings:
                (1) The United States continues to run substantial
            merchandise trade and current account deficits.
                (2) Economic forecasts anticipate continued growth in such
            deficits in the next few years.
                (3) The positive net international asset position that the
            United States built up over many years was eliminated in the
            1980s. The United States today has become the world's largest
            debtor nation.
                (4) The United States merchandise trade deficit is
            characterized by large bilateral trade imbalances with a handful
            of countries.
                (5) The United States has one of the most open borders and
            economies in the world. The United States faces significant
            tariff and nontariff trade barriers with its trading partners.
            The United States does not benefit from fully reciprocal market
            access.
                (6) The United States is once again at a critical juncture
            in trade policy development. The nature of the United States
            trade deficit and its causes and consequences must be analyzed
            and documented.

        (c) Establishment of Commission.--
                (1) Establishment.--There is established a commission to be
            known as the Trade Deficit Review Commission (hereafter in this
            section referred to as the ``Commission'').
                (2) Purpose.--The purpose of the Commission is to study the
            nature, causes, and consequences of the United States
            merchandise trade and current account deficits.
                (3) Membership of commission.--
                        (A) Composition.--The Commission shall be composed
                    of 12 members as follows:

    [[Page 112 STAT. 2681-548]]

                              (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.--

    [[Page 112 STAT. 2681-549]]

                (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.

    [[Page 112 STAT. 2681-550]]

                        (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.

    [[Page 112 STAT. 2681-551]]

                (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

    [[Page 112 STAT. 2681-552]]

            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

    [[Page 112 STAT. 2681-553]]

    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.

    [[Page 112 STAT. 2681-554]]

                             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.

    [[Page 112 STAT. 2681-555]]

                      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

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $1,496,600,000, to remain available for obligation until
    expended: Provided, That the Secretary of Defense may transfer these
    funds to appropriations accounts for operation and maintenance;
    procurement; and research, development, test and evaluation: Provided
    further, That the funds transferred shall be merged with and be
    available for the same purposes and for the
    same time period as the appropriation to which transferred: Provided
    further, That the transfer authority provided under this heading is in
    addition to any other transfer authority available to the Department of
    Defense: Provided further, That the entire amount made available under
    this heading is designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended: Provided further, That the
    entire amount shall be available only to the extent that an official
    budget request for a specific dollar amount, that includes designation
    of the entire amount of the request as an emergency requirement as
    defined in the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended, is transmitted by the President to the Congress.

                     Operation and Maintenance, Army Reserve

        For an additional amount for ``Operation and Maintenance, Army
    Reserve'', $3,000,000: Provided, That the entire amount is designated by
    the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended: Provided further, That the entire amount shall be
    available only to the extent that an official budget request for
    $3,000,000, that includes designation of the entire amount of the
    request as an emergency requirement as defined in the Balanced Budget
    and Emergency Deficit Control Act of 1985, as amended, is transmitted by
    the President to the Congress.

                 Operation and Maintenance, Marine Corps Reserve

        For an additional amount for ``Operation and Maintenance, Marine
    Corps Reserve'', $3,300,000: Provided, That the entire amount is
    designated by the Congress as an emergency requirement

    [[Page 112 STAT. 2681-556]]

    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 official
    budget request for $9,000,000, that includes designation of the entire
    amount of the request as an emergency requirement as defined in the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
    is transmitted by the President to the Congress.

                 Operation and Maintenance, Army National Guard

        For an additional amount for ``Operation and Maintenance, Army
    National Guard'', $50,000,000: Provided, That the entire amount is
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended: Provided further, That the entire
    amount shall be available only to the extent that an official budget
    request for $50,000,000, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.

                  Operation and Maintenance, Air National Guard

        For an additional amount for ``Operation and Maintenance, Air
    National Guard'', $21,000,000: Provided, That the entire amount is
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended: Provided further, That the entire
    amount shall be available only to the extent that an official budget
    request for $21,000,000, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.

                  Overseas Contingency Operations Transfer Fund

        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

    [[Page 112 STAT. 2681-557]]

    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

        In addition to amounts appropriated or otherwise made available in
    the Department of Defense Appropriations Act, 1999, $50,000,000, to
    remain available for obligation until expended, is hereby made available
    only for expenses, not otherwise provided for, to provide necessary
    morale, welfare and recreation support, family support, and to sustain
    necessary retention and re-enlistment of military personnel in critical
    military occupational specialties, resulting from the deployment of
    military personnel to Bosnia and Southwest Asia: Provided, That the
    Secretary of Defense may transfer these funds only to operation and
    maintenance accounts of the military services: Provided further, That
    the funds transferred shall be available only for the purposes described
    under this heading: Provided further, That the transfer authority
    provided under this heading is in addition to any other transfer
    authority available to the Department of Defense: Provided further, That
    the entire amount made available under this heading is designated by the
    Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That the entire amount shall be available
    only to the extent that an official budget request for $50,000,000, that
    includes designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to the
    Congress.

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For an additional amount for ``Defense Health Program'',
    $200,000,000: Provided, That these funds shall be for Operation

    [[Page 112 STAT. 2681-558]]

    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

        For an additional amount for ``Drug Interdiction and Counter-Drug
    Activities, Defense'', $42,000,000: Provided, That funds appropriated
    under this heading may be transferred to appropriations available to the
    Department of Defense for military personnel of the reserve components
    serving under the provisions of title 10 and title 32, United States
    Code; for Operation and maintenance; for Procurement; and for Research,
    development, test and evaluation: Provided further, That funds
    appropriated under this heading shall be available for obligation for
    the same time period and for the same purposes as the appropriation to
    which transferred: Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority available to the Department of Defense:
    Provided further, That the entire amount is designated by the Congress
    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,

    [[Page 112 STAT. 2681-559]]

    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 striking
    out ``$502,000,000'' and inserting in lieu thereof ``$569,000,000'', and
    further amended by striking out ``$176,000,000'' and inserting in lieu
    thereof ``$243,000,000''.

    [[Page 112 STAT. 2681-560]]

                                    CHAPTER 2

                              DEPARTMENT OF ENERGY

                        Atomic Energy 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

    [[Page 112 STAT. 2681-561]]

    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.

    [[Page 112 STAT. 2681-562]]

                    Military Construction, Air National Guard

        For an additional amount for ``Military Construction, Air National
    Guard'' to cover the incremental costs arising from the consequences of
    Hurricane Georges, $15,900,000, as authorized by 10 U.S.C. 2854, to
    remain available until September 30, 1999: Provided, That the
    entire amount shall be available only to the extent an official budget
    request for a specific dollar amount that includes designation of the
    entire amount of the request as an emergency requirement as defined in
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, is transmitted by the President to the Congress: Provided
    further, That the entire amount is designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended.

                              Family Housing, Army

        For an additional amount for ``Family Housing, Army'' to cover the
    incremental costs arising from the consequences of Hurricane Georges and
    for the rehabilitation of family housing, $5,200,000, to remain
    available until September 30, 1999: Provided, That notwithstanding any
    other provision of law, of this amount $4,000,000 shall be available
    only for the rehabilitation of family housing referred to in Section
    8142 of the Department of Defense Appropriations Act of 1999: Provided
    further, That the entire amount shall be available only to the extent an
    official budget request for a specific dollar amount that includes
    designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to the
    Congress: Provided further, That the entire amount is designated by the
    Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended.

                      Family Housing, Navy and Marine Corps

        For an additional amount for ``Family Housing, Navy and Marine
    Corps'' to cover the incremental costs arising from the consequences of
    Hurricane Bonnie, $10,599,000, as authorized by 10 U.S.C. 2854, to
    remain available until September 30, 1999: Provided, That the entire
    amount shall be available only to the extent an official budget request
    for a specific dollar amount that includes designation of the entire
    amount of the request as an emergency requirement as defined in the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
    is transmitted by the President to the Congress: Provided further, That
    the entire amount is designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                            Family Housing, Air Force

        For an additional amount for ``Family Housing, Air Force'' to cover
    the incremental costs arising from the consequences of Hurricane
    Georges, $22,233,000, as authorized by 10 U.S.C. 2854, to remain
    available until September 30, 1999: Provided, That the

    [[Page 112 STAT. 2681-563]]

    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 <<NOTE: Ante, p. 2192.>> is
    amended by striking ``$2,000,000,000'' and inserting ``$2,000,000''.

                                    CHAPTER 4

                          DEPARTMENT OF TRANSPORTATION

                                   Coast Guard

        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.

        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

    [[Page 112 STAT. 2681-564]]

                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.

        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.

        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.

    [[Page 112 STAT. 2681-565]]

                             TITLE II--ANTITERRORISM

                                    CHAPTER 1

                              DEPARTMENT OF JUSTICE

                         Federal Bureau of Investigation

        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

        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.

        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.

        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.

    [[Page 112 STAT. 2681-566]]

        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.

        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

        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

    [[Page 112 STAT. 2681-567]]

    Act of 1985, as amended, is transmitted by the President to the
    Congress.

                        GENERAL PROVISIONS, THIS CHAPTER

        Sec. 201. Maintenance and Operation of Equipment.--Section 374 of
    title 10, United States Code, is amended--
                (1) in subsection (b)(1)(A), by striking ``or'';
                (2) in subsection (b)(1)(B), by striking the period at the
            end, inserting in lieu thereof a semicolon and the following new
            subparagraphs:
                        ``(C) a foreign or domestic counter-terrorism
                    operation; or
                        ``(D) a rendition of a suspected terrorist from a
                    foreign country to the United States to stand trial.'';
                (3) in subsection (b)(2)(F)(i)--
                        (A) by inserting ``along with any other civilian or
                    military personnel who are supporting, or conducting, a
                    joint operation with civilian
    law enforcement personnel;'' after ``the transportation of civilian law
    enforcement personnel''; and
                        (B) by striking ``and'';
                (4) in subsection (b)(2)(F)(ii)--
                        (A) by inserting ``and supporting'' after ``the
                    operation of a base of operations for civilian law
                    enforcement'';
                        (B) by striking the period at the end and inserting
                    in lieu thereof ``; and''; and
                        (C) by inserting at the end the following new
                    clause:
                        ``(iii) the transportation of suspected terrorists
                    from foreign countries to the United States for trial
                    (so long as the requesting Federal law enforcement
                    agency provides all security for such transportation and
                    maintains custody over the suspect through the duration
                    of the transportation).'';
                (5) in subsection (b)(4)(A), by striking ``an'' and
            inserting in lieu thereof ``a Federal''; and
                (6) in subsection (b)(4)(A), by inserting a new clause ``(v)
            Any law, foreign or domestic, prohibiting terrorist
            activities.'' after ``(iv) The Maritime Drug Law Enforcement Act
                            (46 U.S.C. App. 1901 et seq.).''.

        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:

    [[Page 112 STAT. 2681-568]]

    Provided further, That of the funds made available in this section,
    $15,000,000 shall be transferred to ``Research, Development, Test and
    Evaluation, Army'', only to develop and support a long term, sustainable
    Weapons of Mass Destruction emergency preparedness training program:
    Provided further, That funds transferred pursuant to this section shall
    be merged with and be available for the same purposes and for the same
    time period as the appropriation to which transferred: Provided further,
    That the transfer authority provided in this section is in addition to
    any other transfer authority available to the Department of Defense:
    Provided further, That the entire amount provided in this section is
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended: Provided further, That the entire
    amount shall be available only to the extent that an official budget
    request for $50,000,000, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress.
        Sec. 203. In addition to amounts appropriated or otherwise made
    available in the Department of Defense Appropriations Act, 1999,
    $120,500,000, to remain available for obligation until expended, is
    appropriated to the proper accounts within the Department of the Air
    Force: Provided, That the additional amount shall be made available only
    for the provision of crisis response aviation support for critical
    national security, law enforcement and
    emergency response agencies: Provided further, That the entire amount is
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended: Provided further, That the entire
    amount shall be available only to the extent that an official budget
    request for $120,500,000, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress: Provided further, That the
    President of the United States shall submit to the Congress by March 15,
    1999, an interagency agreement for the utilization of Department of
    Defense assets to support the crisis response requirements of the
    Federal Bureau of Investigation and the Federal Emergency Management
    Agency.

                                    CHAPTER 3

                       FUNDS APPROPRIATED TO THE PRESIDENT

                        International Security Assistance

        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

    [[Page 112 STAT. 2681-569]]

    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

        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.

        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

    [[Page 112 STAT. 2681-570]]

    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 <<NOTE: Government organization.>> 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: <<NOTE: Government organization.>>  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 <<NOTE: 2 USC
    141a.>> 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

    [[Page 112 STAT. 2681-571]]

    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

        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

        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

        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.

    [[Page 112 STAT. 2681-572]]

       TITLE III--YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY
                                     SYSTEMS

             FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                       FUNDS APPROPRIATED TO THE PRESIDENT

        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

    [[Page 112 STAT. 2681-573]]

    Reform and Oversight, a proposed allocation and plan for that Department
    or Agency to achieve Year 2000 compliance for technology information
    systems: Provided further, That the transfer authority provided in this
    paragraph is in addition to any other transfer authority contained
    elsewhere in this or any other Act: Provided further, That funds
    provided under this heading shall be in addition to funds available in
    this or any other Act for Year 2000 compliance by any Federal Department
    or Agency: Provided further, That the entire amount, except those
    amounts transferred to the Legislative Branch and the Judiciary, shall
    be available only to the extent that an official budget request that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the President
    to the Congress: Provided further, That the entire amount is designated
    by the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended.

                         DEPARTMENT OF DEFENSE--MILITARY

                            OPERATION AND MAINTENANCE

          Information Technology Systems and Security Transfer Account

        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

    [[Page 112 STAT. 2681-574]]

    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

        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

        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

    [[Page 112 STAT. 2681-575]]

    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

        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.

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

                                    CHAPTER 3

                       FUNDS APPROPRIATED TO THE PRESIDENT

        Notwithstanding section 10 of Public Law 91-672, for an additional
    amount for ``Child Survival and Disease Programs Fund'',

    [[Page 112 STAT. 2681-576]]

    $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

        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

        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

    [[Page 112 STAT. 2681-577]]

    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

        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

        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

        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.

    [[Page 112 STAT. 2681-578]]

                                    CHAPTER 6

                          DEPARTMENT OF TRANSPORTATION

                                   Coast Guard

        For an additional amount for ``Acquisition, Construction, and
    Improvements'', for facility replacement or repairs arising from the
    consequences of Hurricane Georges, $12,600,000, to remain available
    until expended: Provided, That the entire amount shall be available only
    to the extent an official budget request for a specific dollar amount
    that includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act
    of 1985, as amended, is transmitted by the President to the Congress:
    Provided further, That the entire amount is designated as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                                    CHAPTER 7

                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Community Planning and Development

        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

    [[Page 112 STAT. 2681-579]]

    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 <<NOTE: Federal
    Register, publication.>> 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, <<NOTE: Records.>> That 10 days prior to distribution of funds,
    the Secretary and the Director shall submit a list to the Committees on
    Appropriations, setting forth the proposed uses of funds, including an
    explanation of why other Federal disaster assistance programs do not
    cover the costs of unmet needs identified by the Director, the most
    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

        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

    [[Page 112 STAT. 2681-580]]

    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'', 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

        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

        For an additional amount for ``Salaries and Expenses, Enforcement
    and Border Affairs,'' $10,000,000, to remain available until expended,
    of which the entire amount shall be available only to the extent that an
    official budget request that includes the designation of the entire
    amount of the request as an emergency requirement as defined in
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, is transmitted by the President to the Congress: Provided, That
    the entire amount is designated by the Congress as an emergency
    requirement pursuant to section

    [[Page 112 STAT. 2681-581]]

    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

    [[Page 112 STAT. 2681-582]]

    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

        For an additional amount for ``Salaries and Expenses'', $1,500,000,
    to remain available until expended
    for necessary expenses for an interagency money laundering initiative:
    Provided, That funds shall be available for transfer to the National
    Foreign Intelligence Program: Provided further, That the entire amount
    shall be available only to the extent that an official budget request
    for a specific dollar amount that includes designation of the entire
    amount of the request as an emergency requirement as defined in the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
    is transmitted by the President to the Congress: Provided further, That
    the entire amount is designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
    Emergency Deficit Control Act of 1985: Provided further, That none of
    the funds provided under this heading may be obligated until fifteen
    days after notice thereof has been transmitted to the Committees on
    Appropriations.

                          United States Customs Service

        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.

    [[Page 112 STAT. 2681-583]]

        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.

        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

        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

    [[Page 112 STAT. 2681-584]]

    be obligated until fifteen days after notice thereof has been
                transmitted to the Committees on Appropriations.

        For an additional amount to support the National Drug Court
    Institute, $2,000,000, to remain available until expended: Provided,
    That the entire amount shall be available for transfer to the National
    Drug Court Institute: Provided further, That the entire amount shall be
    available only to the extent that an official budget request for a
    specific dollar amount that includes designation of the entire amount of
    the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to the Congress: Provided further, That the
    entire amount is designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
    Deficit Control Act of 1985: Provided further, That none of the funds
    provided under this heading may be obligated until fifteen days after
    notice thereof has been transmitted to the Committees on Appropriations.

                           TITLE VI--GENERAL PROVISION

        No part of any appropriation contained in this Division of this Act
    shall remain available for obligation beyond the current fiscal year
    unless expressly so provided herein.

                            DIVISION C--OTHER MATTERS

                             TITLE I--OTHER MATTERS

        Sec. 101. <<NOTE: 5 USC app. 3 note.>> Acting Treasury Inspector
    General for Tax Administration. (a) In General.--Notwithstanding any
    other provision of law, the President may appoint an acting Treasury
    Inspector General for Tax Administration to serve during the period--
                (1) beginning on the date of the enactment of this section
            (or, if later, the date of the appointment), and
                (2) ending on the earlier of--
                        (A) April 30, 1999, or
                        (B) the date on which the first Treasury Inspector
                    General for Tax Administration takes office (other than
                    pursuant to this section).

        (b) Duties Before January 18, 1999.--The acting Treasury Inspector
    General for Tax Administration appointed under subsection (a) shall,
    before January 18, 1999, take only such actions as are necessary to
    begin operation of the Office of Treasury Inspector General for Tax
    Administration, including--
                (1) making interim arrangements for administrative support
            for the Office,
                (2) establishing interim positions in the Office into which
            personnel will be transferred upon the transfer of functions and
            duties to the Office on January 18, 1999,
                (3) appointing such acting personnel on an interim basis as
            may be necessary upon the transfer of functions and duties to
            the Office on January 18, 1999, and

    [[Page 112 STAT. 2681-585]]

                (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) <<NOTE: Establishment.>> 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) <<NOTE: Termination date.>> 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 <<NOTE: 22 USC
    4064.>> 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,

    [[Page 112 STAT. 2681-586]]

    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. <<NOTE: 22 USC 4824.>> CONTRACTING AUTHORITY.

        ``The Secretary of State is authorized to employ individuals or
    organizations by contract to carry out the purposes of this Act, and
    individuals employed by contract to perform such services shall not by
    virtue of such employment be considered to be employees of the United
    States Government for purposes of any law administered by the Office of
    Personnel Management (except that the Secretary may determine the
    applicability to such individuals of any law administered by the
    Secretary concerning the employment of such individuals); and such
    contracts are authorized to be negotiated, the terms of the contracts to
    be prescribed, and the work to be performed, where necessary, without
    regard to such statutory provisions as relate to the negotiation, making
    and performance of contracts and performance of work in the United
    States.''.

        Sec. 106. Intrastate Bus Transportation in Hawaii. Section
    14501(a)(1) of Title 49, United States Code, is amended by striking
    ``operations'' and inserting ``operations, or to intrastate bus
    transportation of any nature in the State of Hawaii''.
        Sec. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply to
    emergency relief projects resulting from the flooding in the State of
    California in January and March 1995.
          Sec. 108. For the purpose of any Rule of the House of
    Representatives, notwithstanding any other provision of law, any
    obligation limitation relating to surface transportation projects under
    section 1602 of P.L. 105-178 shall be assumed to be administered on the
    basis of sound program management practices that are consistent with
    past practices of the administering agency permitting States to decide
    High Priority Project funding priorities within state program
    allocations.

        Sec. 109. Operation of <<NOTE: 49 USC 31701 note.>> Trailers. (a)
    Registration of Trailers.--A State that requires annual registration of
    container chassis and the apportionment of fees for such registrations
    in accordance with the International Registration Plan (as defined under
    section 31701 of title 49, United States Code) shall not limit the
    operation, or require the registration, in the State of a container
    chassis (or impose fines or penalties on the operation of a container
    chassis for being operated in the State without a registration issued by
    the State) if such chassis--
                (1) is registered under the laws of another State; and
                (2) is operating under a trip permit issued by the State.

        (b) Limitation on Registration of Trailers.--A State described in
    subsection (a) may not deny the use of trip permits for the operation in
    the State of a container chassis that is registered under the laws of
    another State.

    [[Page 112 STAT. 2681-587]]

        (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 related
    weight and licensing fees assessed as part of registration) attributable
    to a container chassis operated in the State (and registered in another
    State) before the date of enactment of this Act, unless it is shown by
    the State, political subdivision, or person that such container chassis
    was not operated in the State under a trip permit issued by the State.

        (e) Container Chassis Defined.--In this section, the term
    ``container chassis'' means a trailer, semi-trailer, or auxiliary axle
    used exclusively for the transportation of ocean shipping containers.
        Sec. 110. Reauthorization of the Federal Aviation Administration.
    (a) <<NOTE: Effective date.>> 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.

    [[Page 112 STAT. 2681-588]]

                ``(3) Procedure.--To the extent applicable, the procedure in
            an action brought under section 1346(a)(2) of title 28, United
            States Code, applies to an action under this subsection.''.
                (2) Extension of aviation insurance program.--Section 44310
            of such title is amended by striking ``December 31, 1998.'' and
            inserting ``March 31, 1999.''.

        (d) Eligibility of AIP Funds to Assess Y2K Compliance.--
                (1) Eligibility.--For fiscal year 1999 the term ``airport
            development'' under section 47102(3) of title 49, United States
            Code, may include activities of an airport sponsor of a
            commercial service airport (as defined by section 47102(7) of
            such title) to assess the Year 2000 processing capabilities of
            any airport facilities, technology systems, or equipment owned
            by the airport sponsor and directly related to airport
            activities, regardless of whether such facilities, systems, or
            equipment are otherwise eligible for assistance under chapter
            471 of such title. Such activities may include testing
            associated with such assessment.
                (2) Limitations.--
                        (A) Only funds apportioned to sponsors under section
                    47114(c) of title 49, United States Code, or to States
                    under subsections (d) and (e) of section 47114 of such
                    title, may be used for activities described in paragraph
                    (1).
                        (B) The expanded eligibility under paragraph (1)
                    applies only to the assessment (and associated testing)
                    with respect to the Year 2000 processing capabilities of
                    airport facilities, systems, and equipment owned by the
                    airport sponsor.
                (3) Definition.--In this subsection, the term ``Year 2000
            processing'' means the processing (including, without
            limitation, calculating, comparing, sequencing, displaying, or
            storing), transmitting, or
    receiving of date or date/time data from, into, and between the
    twentieth and twenty-first centuries, and the years 1999 and 2000, and
    leap year calculations.

        (e) Scorekeeping Adjustment.--Notwithstanding Rule 3 of the Budget
    Scorekeeping Guidelines set forth in the Joint Explanatory Statement of
    the Committee of Conference accompanying Conference Report No. 105-217,
    legislation in this section that would have been estimated by the Office
    of Management and Budget as changing direct spending or receipts under
    section 252 of the Balanced Budget and Emergency Deficit Control Act of
    1985 were it included in an Act other than an appropriation Act shall be
    treated as direct spending or receipts legislation, as 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 <<NOTE: 49 USC 41716.>>

        ``(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)

    [[Page 112 STAT. 2681-589]]

            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) <<NOTE: Federal Register, publication.>> 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.

    [[Page 112 STAT. 2681-590]]

          ``(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.--

    [[Page 112 STAT. 2681-591]]

                        (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
                          nonorigination and destination traffic on the
                          portion of routes that are served by new entrant
                          air carriers covered by the guidelines.
                              (viii) Airline employees.
                (4) Consultation.--In conducting the study under section
            (2), the Secretary shall consult with the Attorney General,
            major air carriers, new entrant air carriers, airport and
            community leaders, academic and economic experts, and airline
            employees and passengers.
                (5) Effective Date.--The guidelines adopted in Docket OST-
            98-3713, or any similar guidelines, shall not become effective
            before the last day of the 12-week period beginning on the date
            of transmittal to Congress of final guidelines in Docket OST-98-
            3713, except that a week shall not count toward such 12-week
            period unless the House of Representatives is in session for
            legislative business at least 1 day during the week.

        Sec. 111. Steel Imports Into the United States. (a) Findings.--
    Congress makes the following findings:
                (1) The current financial crises in Asia, the independent
            States of the former Soviet Union (as defined in section 3 of
            the FREEDOM Support Act), Russia, and other areas of the world,
            involve significant depreciation in the currencies of several
            key steel-producing and steel-consuming countries, along with a
            collapse in the domestic demand for steel in the countries.
                (2) The crises have generated and will continue to generate
            increases in United States imports of steel, both from the
            countries whose currencies have been depreciated and from other
            Asian steel-producing countries that are no longer able

    [[Page 112 STAT. 2681-592]]

            to export steel to the countries that are experiencing an
            economic crisis.
                (3) United States imports of finished steel mill products
            from Asian steel-producing countries, such as the People's
            Republic of China, Japan, Korea, India, Taiwan, Indonesia,
            Thailand, and Malaysia, increased by 79 percent in the first 5
            months of 1998.
                (4) Year-to-date imports of steel from Russia now exceed the
            record import levels of 1997, and steel imports from Russia and
            the Ukraine now approach 2,500,000 net tons.
                (5) Foreign government trade restrictions and private
            restraints of trade distort international trade and investment
            patterns and result in burdens on United States commerce,
            including absorption of a disproportionate share of steel
            diverted from other countries.
                (6) The European Union, for example, despite also being a
            major economy, in 1997 imported only one-tenth as much finished
            steel products from Asian steel-producing countries as the
            United States did and has restricted imports of steel from the
            independent states of the former Soviet Union and Russia.
                (7) The United States is simultaneously facing a substantial
            increase in steel imports from the independent states of the
            former Soviet Union and Russia, caused in part by the closure of
            Asian markets to steel imports.
                (8) There is a well recognized need for improvement in the
            enforcement of the United States trade laws to provide an
            effective response to situations of such increased imports.

        (b) Sense of Congress.--Congress calls upon the President to--
                (1) pursue enhanced enforcement of the United States trade
            laws with respect to the increase in steel imports into the
            United States, using all remedies available under United States
            laws including imposition of offsetting duties, quantitative
            restrictions, and other appropriate remedial measures;
                (2) pursue with all methods at the President's disposal to
            achieve a more equitable sharing of the burden of accepting
            imports of finished steel products from Asia and the independent
            states of the former Soviet Union;
                (3) establish a task force within the executive branch that
            has responsibility for closely monitoring imports of steel into
            the United States; and
                (4) report to Congress not later than January 5, 1999, with
            a comprehensive plan for responding to the increase in steel
            imports, including ways of limiting the deleterious effects on
            employment, prices, and investment in the United States steel
            industry.

        Sec. 112. Inclusion of Spirit Mound, South Dakota, on the Lewis and
    Clark Trail. (a) Acquisition.--The Secretary of the Interior is
    authorized to acquire on a willing seller basis, at a cost of not to
    exceed $600,000, the tract of land known as ``Spirit Mound'', located on
    South Dakota Highway 19 near Vermilion, South Dakota.
        (b) Inclusion on the Lewis and Clark Trail.--The tract described in
    subsection (a) shall be administered as part of the Lewis and Clark
    National Historic Trail.

    [[Page 112 STAT. 2681-593]]

        (c) Cooperative Agreement.--The Secretary of the Interior shall
    enter into a cooperative agreement with Lewis and Clark/Spirit Mound
    Trust Inc., providing for the restoration, interpretation, and long-term
    preservation of, and public access to, Spirit Mound.
        Sec. 113. (a) Designation of Dick Cheney Federal Building.--The
    Federal Building and Post Office located at 100 East B Street, Casper,
    Wyoming, shall be known and designated as the ``Dick Cheney Federal
    Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Federal Building and
    Post Office referred to in subsection (a) shall be deemed to be a
    reference to the ``Dick Cheney Federal Building''.
        Sec. 114. (a) Designation.--The United States Post Office located at
    297 Larkfield Road in East Northport, New York, shall be known and
    designated as the ``Jerome Anthony Ambro, Jr. Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the United States Post
    Office referred to in subsection (a) shall be deemed to be a reference
    to the ``Jerome Anthony Ambro, Jr. Post Office Building''.

        Sec. 115. Designation of Lieutenant Henry O. Flipper Station. (a) In
    General.--The facility of the United States Postal Service located at
    Tall Timbers Village Square, United States Highway 19 South, in
    Thomasville, Georgia, shall be known and designated as the ``Lieutenant
    Henry O. Flipper Station''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the facility of the
    United States Postal Service referred to in subsection (a) shall be
    deemed to be a reference to the ``Lieutenant Henry O. Flipper Station''.
        Sec. 116. William R. ``Billy'' Rolle Post Office Building. (a)
    Designation.--The United States Postal Service building located at 3191
    Grand Avenue in Coconut Grove, Florida, shall be known and designated as
    the ``William R. `Billy' Rolle Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``William R.
    `Billy' Rolle Post Office Building''.
        Sec. 117. Helen Miller Post Office Building. (a) Designation.--The
    United States Postal Service building located at 550 Fisherman Street in
    Opa Locka, Florida, shall be known and designated as the ``Helen Miller
    Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Helen
    Miller Post Office Building''.
        Sec. 118. Essie Silva Post Office Building. (a) Designation.--The
    United States Postal Service building located at 18690 N.W. 37th Avenue
    in Carol City, Florida, shall be known and designated as the ``Essie
    Silva Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Essie Silva
    Post Office Building''.

    [[Page 112 STAT. 2681-594]]

        Sec. 119. Athalie Range Post Office Building. (a) Designation.--The
    United States Postal Service building located at 500 North West 2d
    Avenue in Miami, Florida, shall be known and designated as the ``Athalie
    Range Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Athalie
    Range Post Office Building''.
        Sec. 120. Garth Reeves, Sr. Post Office Building. (a) Designation.--
    The United States Postal Service building located at 995 North West
    119th Street in Miami, Florida, shall be known and designated as the
    ``Garth Reeves, Sr. Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Garth
    Reeves, Sr. Post Office Building''.
        Sec. 121. (a) Designation.--The United States Post Office located at
    16250 Highway 603 in Kiln, Mississippi, shall be known and designated as
    the ``Ray J. Favre Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the United States Post
    Office referred to in subsection (a) shall be deemed to be a reference
    to the ``Ray J. Favre Post Office Building''.
        Sec. 122. (a) Redesignation.--The building of the United States
    Postal Service located at 2419 West Monroe Street, in Chicago, Illinois,
    and known as the Midwest
    Post Office Building, shall be known and designated as the ``Nancy B.
    Jefferson Post Office Building''.

        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Nancy B.
    Jefferson Post Office Building''.
        Sec. 123. (a) Redesignation.--The facility of the United States
    Postal Service located at 9719 Candelaria Road NE in Albuquerque, New
    Mexico, and known as the Eldorado Station Post Office, shall be known
    and designated as the ``Steve Schiff Post Office''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the facility referred to
    in subsection (a) shall be deemed to be a reference to the ``Steve
    Schiff Post Office''.
        Sec. 124. (a) Designation.--The United States Post Office located at
    860 Penniman Avenue in Plymouth, Michigan, shall be known and designated
    as the ``Carl D. Pursell Post Office''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the United States Post
    Office referred to in subsection (a) shall be deemed to be a reference
    to the ``Carl D. Pursell Post Office''.
        Sec. 125. (a) Designation.--The United States Post Office located at
    202 Center Street in Garwood, New Jersey, shall be known and designated
    as the ``James T. Leonard, Sr. Post Office''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the United States Post
    Office referred to in subsection (a) shall be deemed to be a reference
    to the ``James T. Leonard, Sr. Post Office''.
        Sec. 126. Edgar C. Campbell, Sr., Post Office Building. (a)
    Designation.--The United States Postal Service building located at 658
    63rd Street, in Philadelphia, Pennsylvania, shall

    [[Page 112 STAT. 2681-595]]

    be known and designated as the ``Edgar C. Campbell, Sr., Post Office
    Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Edgar C.
    Campbell, Sr., Post Office Building''.
        Sec. 127. David P. Richardson, Jr., Post Office Building. (a)
    Designation.--The United States Postal Service building located at 5209
    Greene Street, in Philadelphia, Pennsylvania, shall be known and
    designated as the ``David P. Richardson, Jr., Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``David P.
    Richardson, Jr., Post Office Building''.
        Sec. 128. (a) Redesignation.--The building of the United States
    Postal Service located at 324 South Laramie Street, in Chicago,
    Illinois, and known as the Austin Post Office Building, shall be known
    and designated as the ``Reverend Milton R. Brunson Post Office
    Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Reverend
    Milton R. Brunson Post Office Building''.
        Sec. 129. Designation. (a) In General.--The facility of the United
    States Postal Service located at 3750 North Kedzie Avenue in Chicago,
    Illinois, shall be known and designated as the ``Daniel J. Doffyn Post
    Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the United States Post
    Office building referred
    to in subsection (a) shall be deemed to be a reference to the ``Daniel
    J. Doffyn Post Office Building''.

        Sec. 130. (a) Designation.--The United States Post Office located at
    215 East Jackson Street in Painesville, Ohio, as the ``Karl Bernal Post
    Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the United States Post
    Office referred to in subsection (a) shall be deemed to be a reference
    to the ``Karl Bernal Post Office Building''.
        Sec. 131. (a) Designation.--The United States Post Office located at
    95 West #100 South in Provo, Utah, shall be known and designated as the
    ``Howard C. Nielson Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the United States Post
    Office referred to in subsection (a) shall be deemed to be a reference
    to the ``Howard C. Nielson Post Office Building''.
        Sec. 132. (a) Designation.--The United States Postal Service
    building located at 11550 Livingston Road, in Fort Washington, Maryland,
    shall be known and designated as the ``Jacob Joseph Chestnut Post Office
    Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the building referred to
    in subsection (a) shall be deemed to be a reference to the ``Jacob
    Joseph Chestnut Post Office Building''.

    [[Page 112 STAT. 2681-596]]

        Sec. 133. (a) Designation.--The Federal building located at 309
    North Church Street in Dyersburg, Tennessee, shall be known and
    designated as the ``Jere Cooper Federal Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Federal building
    referred to in subsection (a) shall be deemed to be a reference to the
    ``Jere Cooper Federal Building''.
        Sec. 134. Notwithstanding any other law, sections 101 (d), (k), (p),
    (s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C.
    Law 12-124, effective June 11, 1998, are enacted into law.
        Sec. 135. (a) Any right, title, or interest of the United States in
    the property described in subsection (b) is hereby waived.
        (b) The property described in this subsection is certain real
    property comprised of approximately 106.94 acres of land located in Anne
    Arundel County in the State of Maryland, said property being originally
    approximately 144.5 acres of land granted to the United States to be
    held in title by the ``Commissioners of the District of Columbia on
    behalf of the United States of America'', in fee simple, by a Judgment
    of Taking in U.S. District Court, Civil Action Number 2391, saving and
    excepting therefrom approximately 37.57 acres of land by deed dated June
    17, 1947, and recorded at Liber 584, Folio 591.
        Sec. 136. Flood Mitigation Near Pierre, South Dakota. (a) In
    General.--
                (1) Land acquisition.--To provide full operational
            capability to carry out the authorized purposes of the Missouri
            River Main Stem dams that are part of the Pick-Sloan Missouri
            River Basin Program authorized by section 9 of the Act entitled
            ``An Act authorizing the construction of certain public works on
            rivers and harbors for flood control, and other purposes'',
            approved December 22, 1944, the Secretary may acquire from
            willing sellers such land and property in the vicinity of
            Pierre, South Dakota, or floodproof or relocate such property
            within the project area, as the Secretary determines is
            adversely affected by the full wintertime Oahe Powerplant
            releases.
                (2) Ownership and use.--Any land that is acquired under this
            authority shall be kept in public
    ownership and will be dedicated and maintained in perpetuity for a use
    that is compatible with any remaining flood threat.
                (3) Report.--
                        (A) In general.--The Secretary shall not obligate
                    funds to implement this paragraph until the Secretary
                    has completed a report addressing the criteria for
                    selecting which properties are to be acquired, relocated
                    or floodproofed, and a plan for implementing such
                    measures and has made a determination that the measures
                    are economically justified.
                        (B) Deadline.--The report shall be completed not
                    later than 180 days after funding is made available.
                (4) Coordination and cooperation.--The report and
            implementation plan--
                        (A) shall be coordinated with the Federal Emergency
                    Management Agency; and
                        (B) shall be prepared in consultation with other
                    Federal agencies, and State and local officials, and
                    residents.

    [[Page 112 STAT. 2681-597]]

                (5) Considerations.--Such report should take into account
            information from prior and ongoing studies.

        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $35,000,000.
        Sec. 137. Grand Forks, North Dakota, and East Grand Forks,
    Minnesota.--The following project for water resources development and
    conservation and other purposes is authorized to be carried out by the
    Secretary of the Army, acting through the Chief of Engineers,
    substantially in accordance with the plans, and subject to the
    conditions recommended in a final report of the Chief of Engineers as
    approved by the Secretary, if the report of the Chief is completed not
    later than December 31, 1998: The project for flood damage reduction and
    recreation, Grand Forks, North Dakota, and East Grand Forks, Minnesota,
    at a total cost of $307,750,000, with an estimated Federal cost of
    $154,360,000 and an estimated non-Federal cost of $153,390,000.
        Sec. 138. Police Corps Act. (a) Training Period.--
                (1) In general.--Section 200108 of the Police Corps Act (42
            U.S.C. 14097) is amended by striking subsection (b) and
            inserting the following:

        ``(b) Training Sessions.--A participant in a State Police Corps
    program shall attend up to 24 weeks, but no less than 16 weeks, of
    training at a training center. The Director may approve training
    conducted in not more than 3 separate sessions.''.
                (2) Conforming amendment.--Section 200108(c) of the Police
            Corps Act (42 U.S.C. 14097(c)) is amended by striking ``16 weeks
            of''.

        (b) Reauthorization.--Section 200112 of the Police Corps Act (42
    U.S.C. 14101) is amended by striking ``$20,000'' and all that follows
    before the period and inserting ``$50,000,000 for fiscal year 1999,
    $70,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, and
    $90,000,000 for fiscal year 2002''.
        Sec. 139. <<NOTE: 31 USC 5111 note.>> Congressional Gold Medals and
    Commemorative Coins. (a) Little Rock Nine.--
                (1) The Congress hereby finds the following:
                        (A) Jean Brown Trickey, Carlotta Walls LaNier, Melba
                    Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
                    Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford,
                    and Jefferson Thomas, hereafter in this section referred
                    to as the ``Little Rock Nine'', voluntarily subjected
                    themselves to the bitter stinging pains of racial
                    bigotry.
                        (B) The Little Rock Nine are civil rights pioneers
                    whose selfless acts considerably advanced the civil
                    rights debate in this country.
                        (C) The Little Rock Nine risked their lives to
                    integrate Central High School in Little Rock, Arkansas,
                    and subsequently the Nation.
                        (D) The Little Rock Nine sacrificed their innocence
                    to protect the American principle that we are all ``one
                    Nation, under God, indivisible''.
                        (E) The Little Rock Nine have indelibly left their
                    mark on the history of the Nation.
                        (F) The Little Rock Nine have continued to work
                    toward equality for all Americans.
                (2)(A) The President is authorized to present, on behalf of
            Congress, to Jean Brown Trickey, Carlotta Walls LaNier, Melba
            Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,

    [[Page 112 STAT. 2681-598]]

            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) <<NOTE: Effective date.>> 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 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.

    [[Page 112 STAT. 2681-599]]

                (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) <<NOTE: 31 USC 5112 note.>> 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.

    [[Page 112 STAT. 2681-600]]

        (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. <<NOTE: Lorton Technical Corrections Act of 1998.>> (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) <<NOTE: Government organization.>> 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

    [[Page 112 STAT. 2681-601]]

            of the Interior shall notify GSA of any property it requests to
            be transferred to the Department of the Interior for the purpose
            of a land exchange by the United States Fish and Wildlife
            Service within the Commonwealth of Virginia or such other
            purposes consistent with the reuse plan developed by Fairfax
            County as the Secretary may request. The Administrator of
            General Services shall approve the Secretary's request to the
            extent that the request is consistent with the reuse plan
            developed by Fairfax County and does not result in a significant
            reduction in the marketability or value of any remaining
            property. The Administrator of General Services shall coordinate
            with the Secretary of the Interior to resolve any conflicts
            presented by the Department of the Interior's request and shall
            transfer the property to the Department of the Interior at no
            cost.
                ``(E) Any property not transferred to the Department of the
            Interior under subparagraph (D) shall be disposed of according
            to paragraphs (2) and (4).'';
                (3) in subsection (g)(2)(A)(ii) by striking ``Department of
            Parks and Recreation'' each place it appears and inserting
            ``Park Authority'';
                (4) in subsection (g) by adding at the end the following new
            paragraphs:
                ``(4) Conditions on transfer of lorton property east of ox
            road (state route 123).--
                        ``(A) In general.--With respect to property east of
                    Ox Road (State Route 123) on which the Lorton
                    Correctional Complex is located, the Administrator of
                    General Services shall--
                              ``(i) cooperate with the District of Columbia
                          Corrections Trustee to determine property
                          necessary for the Trustee to
    maintain the security of the Lorton Correctional Complex until its
    closure;
                              ``(ii) prepare a report of title, complete a
                          property description, provide protection and
                          maintenance, conduct an environmental assessment
                          of the property to determine the extent of
                          contamination, complete National Environmental
                          Policy Act of 1969 (42 U.S.C. 4331 et seq.) and
                          National Historic Preservation Act (16 U.S.C. 470
                          et seq.) processes for closure and disposal of the
                          property, and provide an estimate of the cost for
                          remediation and contingent on receiving the
                          necessary appropriations complete the remediation
                          in compliance with applicable Federal and State
                          environmental laws;
                              ``(iii) develop a disposition strategy
                          incorporating the Fairfax County reuse plan and
                          the 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

    [[Page 112 STAT. 2681-602]]

                          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

    [[Page 112 STAT. 2681-603]]

            for exchange purposes shall comply with any applicable planning
            and zoning requirements of Fairfax County and the Fairfax County
            reuse plan.''.

        Sec. 142. <<NOTE: Olympic and Amateur Sports Act Amendments of
    1998. 36 USC 101 note.>> Olympic and Amateur Sports. (a) Short Title.--
    This section may be cited as the ``Olympic and Amateur Sports Act
    Amendments of 1998''.

        (b) Amendment of Title 36, United States Code; Title of Chapter.--
                (1) Except as otherwise expressly provided, whenever in this
            section an amendment or repeal is expressed in terms of an
            amendment to, or repeal of, a section or other provision, the
            reference shall be considered to be made to a section or other
            provision of title 36, United States Code.
                (2) Section 220501 is amended--
                        (A) by striking ``Definitions'' in the heading and
                    inserting ``Title and Definitions'';
                        (B) by inserting after the heading the following:

        ``(a) <<NOTE: Short title.3Ante, p. 1465.>> 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--

    [[Page 112 STAT. 2681-604]]

                        ``(A) <<NOTE: Establishment.>> 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);

    [[Page 112 STAT. 2681-605]]

                (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:

    [[Page 112 STAT. 2681-606]]

                        ``(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:

    [[Page 112 STAT. 2681-607]]

    ``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

    [[Page 112 STAT. 2681-608]]

                    corporation's constitution and bylaws, except that if
                    the Athletes' Advisory Council and National Governing
                    Bodies' Council do not concur on any modifications to
                    such Rules, and if the corporation's executive committee
                    is not able to facilitate such concurrence, the
                    Commercial Rules of Arbitration shall apply unless at
                    least two-thirds of the corporation's board of directors
                    approves modifications to such Rules;'';
                (3) striking paragraph (10) and inserting the following:
                ``(10) demonstrates, based on guidelines approved by the
            corporation, the Athletes' Advisory Council, and the National
            Governing Bodies' Council, that its board of directors and other
            such governing boards have established criteria and election
            procedures for and maintain among their voting members
            individuals who are actively engaged in amateur athletic
            competition in the sport for which recognition is sought or who
            have represented the United States in international amateur
            athletic competition within the preceding 10 years, that any
            exceptions to such guidelines by such organization
    have been approved by the corporation, and that the voting power held by
    such individuals is not less than 20 percent of the voting power held in
    its board of directors and other such governing boards;'';
                (4) inserting ``or to participation in the Olympic Games,
            the Paralympic Games, or the Pan-American Games'' after
            ``amateur status'' in paragraph (14); and
                (5) adding at the end thereof the following:

        ``(b) Recognition of Paralympic Sports Organizations.--For any sport
    which is included on the program of the Paralympic Games, the
    corporation is authorized to designate, where feasible and when such
    designation would serve the best interest of the sport, and with the
    approval of the affected national governing body, a national governing
    body recognized under subsection (a) to govern such sport. Where such
    designation is not feasible or would not serve the best interest of the
    sport, the corporation is authorized to recognize another amateur sports
    organization as a paralympic sports organization to govern such sport,
    except that, notwithstanding the other requirements of this chapter, any
    such paralympic sports organization--
                ``(1) shall comply only with those requirements, perform
            those duties, and have those powers that the corporation, in its
            sole discretion, determines are appropriate to meet the objects
            and purposes of this chapter; and
                ``(2) may, with the approval of the corporation, govern more
            than one sport included on the program of the Paralympic
            Games.''.

        (n) Authority of National Governing Bodies.--Section 220523 is
    amended by--
                (1) striking ``Games and'' in paragraph (6) and inserting
            ``Games, the Paralympic Games, and''; and
                (2) striking ``Games and'' in paragraph (7) and inserting
            ``Games, the Paralympic Games, and''.

        (o) Duties of National Governing Bodies.--Section 220524 is amended
    by--
                (1) redesignating paragraphs (4) through (8) as paragraphs
            (5) through (9); and
                (2) inserting after paragraph (3) the following:

    [[Page 112 STAT. 2681-609]]

                ``(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) <<NOTE: 36 USC 220501 note.>> 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, <<NOTE: Ante, p. 2332.>> is amended by striking out ``owned,
    or partially owned by'' and inserting in lieu thereof ``if the Secretary
    of Defense determines that'', and is further amended by inserting before
    the period ``owns more than a fifty per centum interest in the
    company''.

        Sec. 145. Modification of Land Conveyance Authority, Armed Forces
    Retirement Home. (a) Postponement of Sale.--Subsection (a) of section
    1053 of the National Defense Authorization Act for Fiscal Year 1997
    (Public Law 104-201), as amended by section 1043 of the Strom Thurmond
    National Defense Authorization Act for Fiscal Year 1999, <<NOTE: 110
    Stat. 2650.>> 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:

    [[Page 112 STAT. 2681-610]]

        ``(3) The payment received under paragraph (2) shall be deposited in
    the Armed Forces Retirement Home Trust Fund in accordance with section
    1519(a)(2) of the National Defense Authorization Act for Fiscal Year
    1991 (104 Stat. 1730; 24 U.S.C. 419(a)(2)).''.
        Sec. 146. Certification of Exports of Missile Equipment or
    Technology to China. (a) Certification.--Section 1512 of the Strom
    Thurmond National Defense Authorization Act for Fiscal Year
    1999 <<NOTE: 22 USC 2778 note.>> 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) <<NOTE: 22 USC 2778 note.>> 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) <<NOTE: Effective date. Termination date. 11 USC
    1201 et seq., 1201 note.>> 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

    [[Page 112 STAT. 2681-611]]

    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. <<NOTE: Federal Vacancies Reform Act of 1998. 5 USC 3301
                note.>> 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

    [[Page 112 STAT. 2681-612]]

                    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

    [[Page 112 STAT. 2681-613]]

                ``(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--

    [[Page 112 STAT. 2681-614]]

                ``(1) the office shall remain vacant; and
                ``(2) in the case of an office other than the office of the
            head of an Executive agency (including the Executive Office of
            the President, and other than the General Accounting Office),
            only the head of such Executive agency may perform any function
            or duty of such office.

        ``(c) If the last day of any 210-day period under section 3346 is a
    day on which the Senate is not in session, the second day the Senate is
    next in session and receiving
    nominations shall be deemed to be the last day of such period.

        ``(d)(1) An action taken by any person who is not acting under
    section 3345, 3346, or 3347, or as provided by subsection (b), in the
    performance of any function or duty of a vacant office to which this
    section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply
    shall have no force or effect.
        ``(2) An action that has no force or effect under paragraph (1) may
    not be ratified.
        ``(e) This section shall not apply to--
                ``(1) the General Counsel of the National Labor Relations
            Board;
                ``(2) the General Counsel of the Federal Labor Relations
            Authority;
                ``(3) any Inspector General appointed by the President, by
            and with the advice and consent of the Senate;
                ``(4) any Chief Financial Officer appointed by the
            President, by and with the advice and consent of the Senate; or
                ``(5) an office of an Executive agency (including the
            Executive Office of the President, and other than the General
            Accounting Office) if a statutory provision expressly prohibits
            the head of the Executive agency from performing the functions
            and duties of such office.

    ``Sec. 3349. Reporting of vacancies

        ``(a) The head of each Executive agency (including the Executive
    Office of the President, and other than the General Accounting Office)
    shall submit to the Comptroller General of the United States and to each
    House of Congress--
                ``(1) notification of a vacancy in an office to which this
            section and sections 3345, 3346, 3347, 3348, 3349a, 3349b,
            3349c, and 3349d apply and the date such vacancy occurred
            immediately upon the occurrence of the vacancy;
                ``(2) the name of any person serving in an acting capacity
            and the date such service began immediately upon the
            designation;
                ``(3) the name of any person nominated to the Senate to fill
            the vacancy and the date such nomination is submitted
            immediately upon the submission of the nomination; and
                ``(4) the date of a rejection, withdrawal, or return of any
            nomination immediately upon such rejection, withdrawal, or
            return.

        ``(b) If the Comptroller General of the United States makes a
    determination that an officer is serving longer than the 210-day period
    including the applicable exceptions to such period under section 3346 or
    section 3349a, the Comptroller General shall report such determination
    immediately to--
                ``(1) the Committee on Governmental Affairs of the Senate;

    [[Page 112 STAT. 2681-615]]

                ``(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

    [[Page 112 STAT. 2681-616]]

    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:

    ``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 <<NOTE: 5 USC 3345 note.>> 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 <<NOTE: American Fisheries Act.>> II--FISHERIES

                        Subtitle I--Fishery Endorsements

    SEC. 201. <<NOTE: 46 USC 2101 note.>> SHORT TITLE.

        This title may be cited as the ``American Fisheries Act''.

    [[Page 112 STAT. 2681-617]]

    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) <<NOTE: Applicability.>> 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

    [[Page 112 STAT. 2681-618]]

                ``(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:

    [[Page 112 STAT. 2681-619]]

                ``(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) <<NOTE: Federal Register, publication. 46 USC 12102
    note.>> 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) <<NOTE: 46 USC 12102 note.>> 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.

    [[Page 112 STAT. 2681-620]]

        (d)  <<NOTE: 46 USC 12102 note.>> 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) <<NOTE: 46 USC 12102 note.>> 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) <<NOTE: 46 USC 12102 note.>> Effective Date.--Subsection (a)
    shall take effect on October 1, 2001.

    [[Page 112 STAT. 2681-621]]

    Subtitle II--Bering <<NOTE: 16 USC 1851 note.>> Sea Pollock Fishery

    SEC. 205. DEFINITIONS.

        As used in this subtitle--
                (1) the term ``Bering Sea and Aleutian Islands Management
            Area'' has the same meaning as the meaning given for such term
            in part 679.2 of title 50, Code of Federal Regulations, as in
            effect on October 1, 1998;
                (2) the term ``catcher/processor'' means a vessel that is
            used for harvesting fish and processing that fish;
                (3) the term ``catcher vessel'' means a vessel that is used
            for harvesting fish and that does not process pollock onboard;
                (4) the term ``directed pollock fishery'' means the fishery
            for the directed fishing allowances allocated under paragraphs
            (1), (2), and (3) of section 206(b);
                (5) the term ``harvest'' means to commercially engage in the
            catching, taking, or harvesting of fish or any activity that can
            reasonably be expected to result in the catching, taking, or
            harvesting of fish;
                (6) the term ``inshore component'' means the following
            categories that process groundfish harvested in the Bering Sea
            and Aleutian Islands Management Area:
                        (A) shoreside processors, including those eligible
                    under section 208(f); and
                        (B) vessels less than 125 feet in length overall
                    that process less than 126 metric tons
    per week in round-weight equivalents of an aggregate amount of pollock
    and Pacific cod;
                (7) the term ``Magnuson-Stevens Act'' means the Magnuson-
            Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
            et seq.);
                (8) the term ``mothership'' means a vessel that receives and
            processes fish from other vessels in the exclusive economic zone
            of the United States and is not used for, or equipped to be used
            for, harvesting fish;
                (9) the term ``North Pacific Council'' means the North
            Pacific Fishery Management Council established under section
            302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
            1852(a)(1)(G));
                (10) the term ``offshore component'' means all vessels not
            included in the definition of ``inshore component'' that process
            groundfish harvested in the Bering Sea and Aleutian Islands
            Management Area;
                (11) the term ``Secretary'' means the Secretary of Commerce;
            and
                (12) the term ``shoreside processor'' means any person or
            vessel that receives unprocessed fish, except catcher/
            processors, motherships, buying stations, restaurants, or
            persons receiving fish for personal consumption or bait.

    SEC. 206. ALLOCATIONS.

        (a) <<NOTE: Effective date.>> 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)).

    [[Page 112 STAT. 2681-622]]

        (b) <<NOTE: Effective date.>> 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

    [[Page 112 STAT. 2681-623]]

                    zone of the United States to harvest any stock of fish
                    (as such term is defined in section 3 of the Magnuson-
                    Stevens Fishery Conservation and Management Act (16
                    U.S.C. 1802)) that occurs within the exclusive economic
                    zone of the United States; and
                        (B) the portion of such payment with respect to the
                    catcher/processors listed in paragraphs (2) through (9)
                    of section 209 shall be made only after the owner or
                    owners of such catcher/processors submit a written
                    certification acceptable to the Secretary that such
                    catcher/processors will be scrapped by December 31, 2000
                    and will not, before that date, be used to harvest or
                    process any fish; and
                (2)(A) if a contract has been filed under section 210(a) by
            the catcher/processors listed in section 208(e), $5,000,000 to
            the owner or owners of the catcher/processors listed in
            paragraphs (10) through (14) of such section in such manner as
            the owner or owners, with the concurrence of the Secretary,
            agree; or
                (B) if such a contract has not been filed by such date,
            $5,000,000 to the owners of the catcher vessels eligible under
            section 208(b) and the catcher/processors eligible under
            paragraphs (1) through (20) of section 208(e), divided based on
            the amount
    of the harvest of pollock in the directed pollock fishery by each such
    vessel in 1997 in such manner as the Secretary deems appropriate,

    except that any such payments shall be 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) <<NOTE: Publication.>> Fishery Capacity Reduction Regulations.--
    The Secretary of Commerce shall by not later than October 15, 1998
    publish proposed regulations to implement subsections (b), (c), (d), and
    (e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and
    sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46
    U.S.C. App. 1279f and 1279g).

    [[Page 112 STAT. 2681-624]]

    SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

        (a) <<NOTE: Effective date.>> 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);

    [[Page 112 STAT. 2681-625]]

                (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) <<NOTE: Effective date.>> 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);

    [[Page 112 STAT. 2681-626]]

                (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) <<NOTE: Effective date.>> 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

    [[Page 112 STAT. 2681-627]]

    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 an
    application for eligibility, shall be eligible to participate in the
    directed pollock fishery pending final determination by the Secretary
    with respect to such vessel or shoreside processor.

        (i) Eligibility Not a Right.--Eligibility under this section shall
    not be construed--
                (1) to confer any right of compensation, monetary or
            otherwise, to the owner of any catcher vessel, catcher/
            processor, mothership, or shoreside processor if such
            eligibility is revoked or limited in any way, including through
            the revocation or limitation of a fishery endorsement or any
            federal permit or license;
                (2) to create any right, title, or interest in or to any
            fish in any fishery; or

    [[Page 112 STAT. 2681-628]]

                (3) to waive any provision of law otherwise applicable to
            such catcher vessel, catcher/processor, mothership, or shoreside
            processor.

    SEC. 209. <<NOTE: Effective date.>> 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 (United States official number
            592204);
                (5) VICTORIA ANN (United States official number 592207);
                (6) ELIZABETH ANN (United States official number 534721);
                (7) CHRISTINA ANN (United States official number 653045);
                (8) REBECCA ANN (United States official number 592205); and
                (9) BROWNS POINT (United States official number 587440).

    SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

        (a) Public Notice.--(1) Any contract implementing a fishery
    cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521)
    in the directed pollock fishery and any material modifications to any
    such contract shall be filed not less than 30 days prior to the start of
    fishing under the contract with the North Pacific Council and with the
    Secretary, together with a copy of a letter from a party to the contract
    requesting a business review letter on the fishery cooperative from the
    Department of Justice and any response to such request. Notwithstanding
    section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other
    provision of law, but taking into account the interest of parties to any
    such contract in protecting the confidentiality of proprietary
    information, the North Pacific Council and Secretary shall--
                (A) make available to the public such information about the
            contract, contract modifications, or fishery cooperative the
            North Pacific Council and Secretary deem appropriate, which at a
            minimum shall include a list of the parties to the contract, a
            list of the vessels involved, and the amount of pollock and
            other fish to be harvested by each party to such contract; and
                (B) make available to the public in such manner as the North
            Pacific Council and Secretary deem appropriate information about
            the harvest by vessels under a fishery cooperative of all
            species (including
    bycatch) in the directed pollock fishery on a vessel-by-vessel basis.

    [[Page 112 STAT. 2681-629]]

        (b) Catcher Vessels Onshore.--
                (1) <<NOTE: Effective date.>> 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

    [[Page 112 STAT. 2681-630]]

            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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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

    [[Page 112 STAT. 2681-631]]

            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 the
    directed pollock fishery which is not landed in the State of Alaska, in
    amounts which would otherwise accrue had the pollock been landed in the
    State of Alaska subject to any landing taxes established under Alaska
    law. Failure to include such a contract clause or for such amounts to be
    paid shall result in a revocation of the authority to form fishery
    cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C. 521
    et seq.).

        (g) Penalties.--The violation of any of the requirements of this
    section or section 211 shall be considered the commission of an act
    prohibited by section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857).
    In addition to the civil penalties and permit sanctions applicable to
    prohibited acts under section 308 of such Act (16 U.S.C. 1858), any
    person who is found by the Secretary, after notice and an opportunity
    for a hearing in accordance with section 554 of title 5, United States
    Code, to have violated a requirement of this section shall be subject to
    the forfeiture to the Secretary of Commerce of any fish harvested or
    processed during the commission of such act.

    SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.

        (a) General.--The North Pacific Council shall recommend for approval
    by the Secretary such conservation and management

    [[Page 112 STAT. 2681-632]]

    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 <<NOTE: Effective date.>> 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

    [[Page 112 STAT. 2681-633]]

                    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 <<NOTE: Effective dates.>> 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

    [[Page 112 STAT. 2681-634]]

            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) <<NOTE: Effective date.>> 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

    [[Page 112 STAT. 2681-635]]

                    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. <<NOTE: 46 USC app. 1274 note.>> 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) <<NOTE: Effective date.>> 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 <<NOTE: Termination date.>> 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

    [[Page 112 STAT. 2681-636]]

    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 Council
    shall recommend measures for the Secretary's approval to mitigate any
    negative effects.

        (f) Severability.--If any provision of this title, an amendment made
    by this title, or the application of such provision or amendment to any
    person or circumstance is held to be unconstitutional, the remainder of
    this title, the amendments made by this title, and the application of
    the provisions of such to any person or circumstance shall not be
    affected thereby.
        (g) International Agreements.--In the event that any provision of
    section 12102(c) or section 31322(a) of title 46, United States Code, as
    amended by this Act, is determined to be inconsistent with an existing
    international agreement relating to foreign investment to which the
    United States is a party with respect

    [[Page 112 STAT. 2681-637]]

    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 <<NOTE: Denali Commission Act of 1998. 42 USC 3121
    note.>> 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) <<NOTE: Alaska.>> Membership.--
                (1) Composition.--The Commission shall be composed of 7
            members, who shall be appointed by the Secretary of Commerce
            (referred to in this title as the ``Secretary''), of whom--
                        (A) one shall be the Governor of the State of
                    Alaska, or an individual selected from nominations
                    submitted by the Governor, who shall serve as the State
                    Cochairperson;
                        (B) one shall be the President of the University of
                    Alaska, or an individual selected from nominations
                    submitted by the President of the University of Alaska;
                        (C) one shall be the President of the Alaska
                    Municipal League or an individual selected from
                    nominations submitted by the President of the Alaska
                    Municipal League;
                        (D) one shall be the President of the Alaska
                    Federation or Natives or an individual selected from
                    nominations submitted by the President of the Alaska
                    Federation or Natives;
                        (E) one shall be the Executive President of the
                    Alaska State AFL-CIO or an individual selected from
                    nominations submitted by the Executive President;
                        (F) one shall be the President of the Associated
                    General Contractors of Alaska or an individual selected
                    from nominations submitted
    by the President of the Associated General Contractors of Alaska; and

    [[Page 112 STAT. 2681-638]]

                        (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.

    [[Page 112 STAT. 2681-639]]

                (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) <<NOTE: Federal Register, publication.>> 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.

    [[Page 112 STAT. 2681-640]]

        (b) Postal Services.--The Commission may use the United States mails
    in the same manner and under the same conditions as other departments
    and agencies of the Federal Government.
        (c) Gifts.--The Commission may accept, use, and dispose of gifts or
    donations of services or property.

    SEC. 306. COMMISSION PERSONNEL MATTERS.

        (a) Compensation of Members.--Each member of the Commission who is
    not an officer or employee of the Federal Government shall be
    compensated at a rate equal to the daily equivalent of the annual rate
    of basic pay prescribed for level IV of the Executive Schedule under
    section 5315 of title 5, United States Code, for each day (including
    travel time) during the time such member is engaged in the performance
    of the duties of the Commission. All members of the Commission who are
    officers or employees of the United States shall serve without
    compensation that is in addition to that received for their services as
    officers or employees of the United States.
        (b) Travel Expenses.--The members of the Commission shall be allowed
    travel expenses, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter 57 of
    title 5, United States Code, while away from their homes or regular
    places of business in the performance of services for the Commission.
        (c) Staff.--
                (1) In general.--The Federal Cochairperson of the Commission
            may, without regard to the civil service laws and regulations,
            appoint such personnel as may be necessary to enable the
            Commission to perform its duties.
                (2) Compensation.--The Chairman of the Commission may fix
            the compensation of personnel without regard to the provisions
            of chapter 51 and subchapter III of chapter 53 of title 5,
            United States Code, relating to classification of positions and
            General Schedule pay rates.

        (d) Detail of Government Employees.--Any Federal Government employee
    may be detailed to the Commission without reimbursement, and such detail
    shall be without interruption or loss of civil service status or
    privilege.
        (e) Procurement of Temporary and Intermittent Services.--The Federal
    Cochairperson of the Commission may procure temporary and intermittent
    services under section 3109(b) of title 5, United
    States Code, at rates for individuals which do not exceed the daily
    equivalent of the annual rate of basic pay prescribed for level V of the
    Executive Schedule under section 5316 of such title.

        (f) Offices.--The principal office of the Commission shall be
    located in Alaska, at a location that the Commission shall select.

    SEC. 307. SPECIAL FUNCTIONS.

        (a) Rural Utilities.--In carrying out its functions under this
    title, the Commission shall as appropriate, provide assistance, seek to
    avoid duplicating services and assistance, and complement the water and
    sewer wastewater programs under section 306D of the Consolidated Farm
    and Rural Development Act (7 U.S.C. 1926d) and section 303 of the Safe
    Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a).
        (b) Bulk Fuels.--The Commission, in consultation with the Commandant
    of the Coast Guard, shall develop a plan to provide

    [[Page 112 STAT. 2681-641]]

    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 <<NOTE: American Competitiveness and Workforce Improvement Act of
    1998.>> IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT

    SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND
                NATIONALITY ACT.

        (a) Short <<NOTE: 8 USC 1101 note.>> 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.).

    [[Page 112 STAT. 2681-642]]

              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''.

         <<NOTE: 8 USC 1184 note.>> (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.

    [[Page 112 STAT. 2681-643]]

                ``(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

    [[Page 112 STAT. 2681-644]]

                ``(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.

    [[Page 112 STAT. 2681-645]]

                ``(ii) Nothing in this subparagraph is intended to limit an
            employee's rights under a collective bargaining agreement or
            other employment contract.
                ``(E) The term `United States worker' means an employee
            who--
                        ``(i) is a citizen or national of the United States;
                    or
                        ``(ii) is an alien who is lawfully admitted for
                    permanent residence, is admitted as a refugee under
                    section 207, is granted asylum under section 208, or is
                    an immigrant otherwise authorized, by this Act or by the
                    Attorney General, to be employed.''.
                (2) Conforming amendments.--Section 212(n)(1) (8 U.S.C.
            1182(n)(1)) is amended by striking ``a nonimmigrant described in
            section
    101(a)(15)(H)(i)(b)'' each place it appears and inserting ``an H-1B
    nonimmigrant''.

        (c) Improved Posting of Notice of Application.--Section
    212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as
    follows:
                        ``(ii) if there is no such bargaining
                    representative, has provided notice of filing in the
                    occupational classification through such methods as
                    physical posting in conspicuous locations at the place
                    of employment or electronic notification to employees in
                    the occupational classification for which H-1B
                    nonimmigrants are sought.''.

         <<NOTE: 8 USC 1182 note.>> (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.

         <<NOTE: 8 USC 1182 note.>> (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) <<NOTE: Notification.>> 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)--

    [[Page 112 STAT. 2681-646]]

                ``(I) the <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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.

    [[Page 112 STAT. 2681-647]]

    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

    [[Page 112 STAT. 2681-648]]

            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) <<NOTE: Applicability.>> 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) <<NOTE: Establishment.>> The Attorney General shall establish
    a process for the receipt, initial review, and disposition in accordance
    with this paragraph of complaints respecting an employer's failure to
    meet the condition of paragraph (1)(G)(i)(II) or a petitioner's
    misrepresentation of material facts with respect to such condition.
    Complaints may be filed by an aggrieved individual who has submitted a
    resume or otherwise applied in a reasonable manner for the job that is
    the subject of the condition. No proceeding shall be conducted under
    this paragraph on a complaint concerning such a failure or
    misrepresentation unless the Attorney General determines that the
    complaint was filed not later than 12 months after the date of the
    failure or misrepresentation, respectively.

        ``(C) If the Attorney General finds that a complaint has been filed
    in accordance with subparagraph (B) and there is reasonable cause to
    believe that such a failure or misrepresentation described in such
    complaint has occurred, the Attorney General shall initiate binding
    arbitration proceedings by requesting the Federal Mediation and
    Conciliation Service to appoint an arbitrator from the roster of
    arbitrators maintained by such Service. The procedure and rules of such
    Service shall be applicable to the selection of such arbitrator and to
    such arbitration proceedings. The Attorney General shall pay the fee and
    expenses of the arbitrator.
        ``(D)(i) The arbitrator shall make findings respecting whether a
    failure or misrepresentation described in subparagraph (B) occurred. If
    the arbitrator concludes that failure or misrepresentation was willful,
    the arbitrator shall make a finding to that effect. The arbitrator may
    not find such a failure or misrepresentation (or that such a failure or
    misrepresentation was willful) unless the complainant demonstrates such
    a failure or misrepresentation (or its willful character) by clear and
    convincing evidence. The arbitrator shall transmit the findings in the
    form of a written opinion to the parties to the arbitration and the
    Attorney General. Such findings shall be final and conclusive, and,
    except as provided

    [[Page 112 STAT. 2681-649]]

    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

    [[Page 112 STAT. 2681-650]]

                ``(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. <<NOTE: Certification.>> 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,

    [[Page 112 STAT. 2681-651]]

    or (II) was lawfully obtained by the Secretary of Labor in the course of
    lawfully conducting another Department of Labor investigation under this
    Act or any other Act.
        ``(iv) The receipt by the Secretary of information submitted by an
    employer to the Attorney General or the Secretary for purposes of
    securing the employment of an H-1B nonimmigrant shall not be considered
    a receipt of information for purposes of clause (i).
        ``(v) No investigation described in clause (i) (or hearing described
    in clause (vii)) may be conducted with respect to information about a
    failure to meet a condition described in clause (i), unless the
    Secretary receives the
    information not later than 12 months after the date of the alleged
    failure.

        ``(vi) <<NOTE: Notice.>> 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) <<NOTE: Notice.>> 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.''.
                 <<NOTE: 8 USC 1182 note.>> (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);

    [[Page 112 STAT. 2681-652]]

                ``(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

    [[Page 112 STAT. 2681-653]]

            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 submits
    to the Congress a report containing a certification that, during the
    most recently concluded calendar year, the Secretary substantially
    complied with the requirement in section 212(n)(1) relating to the
    provision of the certification described in section 101(a)(15)(H)(i)(b)
    within a 7-day period.''.

         <<NOTE: 29 USC 2916 note.>> (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).

         <<NOTE: 42 USC 1869c.>> (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

    [[Page 112 STAT. 2681-654]]

            graduate level degrees in mathematics, engineering, or computer
            science.
                (2) Eligibility.--
                        (A) In general.--To be eligible to receive a
                    scholarship under this subsection, an individual--
                              (i) must be a citizen of the United States, a
                          national of the United States (as defined in
                          section 101(a) of the Immigration and Nationality
                          Act), an alien admitted as a refugee under section
                          207 of the Immigration and Nationality, or an
                          alien lawfully admitted to the United States for
                          permanent residence;
                              (ii) shall prepare and submit to the Director
                          an application at such time, in such manner, and
                          containing such information as the Director may
                          require; and
                              (iii) shall certify to the Director that the
                          individual intends to use amounts received under
                          the scholarship to enroll or continue enrollment
                          at an institution of higher education (as defined
                          in section 101(a) of the Higher Education Act of
                          1965) in order to pursue an associate,
                          undergraduate, or graduate level degree in
                          mathematics, engineering, or computer science.
                        (B) Ability.--Awards of scholarships under this
                    subsection shall be made by the Director solely on the
                    basis of the ability of the applicant, except that in
                    any case in which 2 or more applicants for scholarships
                    are deemed by the Director to be possessed of
                    substantially equal ability, and there are not
                    sufficient scholarships available to grant one to each
                    of such
    applicants, the available scholarship or scholarships shall be awarded
    to the applicants in a manner that will tend to result in a
    geographically wide distribution throughout the United States of
    recipients' places of permanent residence.
                (3) Limitation.--The amount of a scholarship awarded under
            this subsection shall be determined by the Director, except that
            the Director shall not award a scholarship in an amount
            exceeding $2,500 per year.
                (4) Funding.--The Director shall carry out this subsection
            only with funds made available under section 286(s)(3) of the
            Immigration and Nationality Act.

    SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.

        (a) In General.--Section 212 (8 U.S.C. 1182) is amended by adding at
    the end the following:
        ``(p)(1) In computing the prevailing wage level for an occupational
    classification in an area of employment for purposes of subsections
    (n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee of--
                ``(A) an institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965), or a
            related or affiliated nonprofit entity; or
                ``(B) a nonprofit research organization or a Governmental
            research organization,

    the prevailing wage level shall only take into account employees at such
    institutions and organizations in the area of employment.
        ``(2) With respect to a professional athlete (as defined in
    subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by
    professional sports league rules or regulations, the wage set forth

    [[Page 112 STAT. 2681-655]]

    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.''.
         <<NOTE: 8 USC 1182 note.>> (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. <<NOTE: 8 USC 1184 note.>> 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).

    [[Page 112 STAT. 2681-656]]

    SEC. 417. <<NOTE: 29 USC 2701 note.>> REPORT ON OLDER WORKERS IN THE
                INFORMATION TECHNOLOGY FIELD.

         <<NOTE: Contracts.>> (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. <<NOTE: 29 USC 2701 note.>> 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,

    [[Page 112 STAT. 2681-657]]

                    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.

         <<NOTE: 8 USC 1184 note.>> (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

    [[Page 112 STAT. 2681-658]]

                    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.''.
         <<NOTE: 8 USC 1182 note.>> (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

    [[Page 112 STAT. 2681-659]]

                    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.).

    [[Page 112 STAT. 2681-660]]

                (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

    [[Page 112 STAT. 2681-661]]

                          803, to be used to carry out the plan for
                          terrestrial wildlife habitat restoration submitted
                          by the State and only after the Trust Fund is
                          fully capitalized.
                        (B) Cheyenne river sioux tribe and lower brule sioux
                    tribe.--
                              (i) Notification.--On receipt of the plan for
                          terrestrial wildlife habitat restoration submitted
                          by the Cheyenne River Sioux Tribe and the Lower
                          Brule Sioux Tribe, each of the Committees referred
                          to in paragraph (3) shall notify the Secretary of
                          the Treasury of the receipt of each of the plans.
                              (ii) Availability of funds.--On notification
                          in accordance with clause (i), the Secretary of
                          the Treasury shall make available to the Cheyenne
                          River Sioux
    Tribe and the Lower Brule Sioux Tribe funds from the Cheyenne River
    Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the
    Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust
    Fund, respectively, established under section 804, to be used to carry
    out the plan for terrestrial wildlife habitat restoration submitted by
    the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe,
    respectively, and only after the Trust Fund is fully capitalized.
                        (C) Transition period.--
                              (i) In general.--During the period described
                          in clause (ii), the Secretary shall--
                                        (I) fund the terrestrial wildlife
                                    habitat restoration programs being
                                    carried out on the date of enactment of
                                    this Act on Oahe and Big Bend project
                                    land and the plans established under
                                    this section at a level that does not
                                    exceed the highest amount of funding
                                    that was provided for the programs
                                    during a previous fiscal year; and
                                        (II) fund the activities described
                                    in sections 803(d)(3) and 804(d)(3).
                              (ii) Period.--Clause (i) shall apply during
                          the period--
                                        (I) beginning on the date of
                                    enactment of this Act; and
                                        (II) ending on the date on which
                                    funds are made available for use from
                                    the South Dakota Terrestrial Wildlife
                                    Habitat Restoration Trust Fund under
                                    section 803(d)(3)(A)(i) and the Cheyenne
                                    River Sioux Tribe Terrestrial Wildlife
                                    Habitat Restoration Trust Fund and the
                                    Lower Brule Sioux Tribe Terrestrial
                                    Wildlife Habitat Restoration Trust Fund
                                    under section 804(d)(3)(A)(i).

        (b) Programs for the Purchase of Wildlife Habitat Leases.--
                (1) In general.--The State of South Dakota may use funds
            made available under section 803(d)(3)(A)(iii) to develop a
            program for the purchase of wildlife habitat leases that meets
            the requirements of this subsection.
                (2) Development of a plan.--
                        (A) In general.--If the State of South Dakota, the
                    Cheyenne River Sioux Tribe, or the Lower Brule Sioux

    [[Page 112 STAT. 2681-662]]

                    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.

    [[Page 112 STAT. 2681-663]]

    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).

    [[Page 112 STAT. 2681-664]]

        (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,

    [[Page 112 STAT. 2681-665]]

                                    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--

    [[Page 112 STAT. 2681-666]]

                (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).

    [[Page 112 STAT. 2681-667]]

                (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;

    [[Page 112 STAT. 2681-668]]

                (2) was acquired by the Secretary of the Army for the
            implementation of the Pick-Sloan Missouri River Basin program;
            and
                (3) is located within the external boundaries of the
            reservation of the Cheyenne River Sioux Tribe and the Lower
            Brule Sioux Tribe.

        (c) Recreation Areas Transferred.--A recreation area described in
    this section includes the land and waters within a recreation area
    that--
                (1) the Secretary determines, at the time of the transfer,
            is a recreation area classified for recreation
    use by the Corps of Engineers on the date of enactment of this Act;
                (2) is located within the external boundaries of a
            reservation of an Indian Tribe; and
                (3) is located within the State of South Dakota.

        (d) Map.--
                (1) In general.--The Secretary, in consultation with the
            governing bodies of the Cheyenne River Sioux Tribe and the Lower
            Brule Sioux Tribe, shall prepare a map of the land transferred
            under this section.
                (2) Land.--The map shall identify--
                        (A) land reasonably expected to be required for
                    project purposes during the 20-year period beginning on
                    the date of enactment of this Act; and
                        (B) dams and related structures;
            which shall be retained by the Secretary.
                (3) Availability.--The map shall be on file in the
            appropriate offices of the Secretary.

        (e) Schedule for Transfer.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary and the Chairmen of the
            Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall
            jointly develop a schedule for transferring the land and
            recreation areas under this section.
                (2) Transfer deadline.--All land and recreation areas shall
            be transferred not later than 1 year after the full
            capitalization of the State and tribal Trust Fund described in
            section 804.

        (f) Transfer Conditions.--The land and recreation areas described in
    subsections (b) and (c) shall be transferred to, and held in trust by,
    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

    [[Page 112 STAT. 2681-669]]

            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.

    [[Page 112 STAT. 2681-670]]

        (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 <<NOTE: Office of National Drug Control Policy Reauthorization Act
    of 1998.>> VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION

    SEC. <<NOTE: 21 USC 1701 note.>> 701. SHORT TITLE.

        This title may be cited as the ``Office of National Drug Control
    Policy Reauthorization Act of 1998''.

    SEC. <<NOTE: 21 USC 1701.>> 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.

    [[Page 112 STAT. 2681-671]]

                (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.

    [[Page 112 STAT. 2681-672]]

    SEC. 703. <<NOTE: 21 USC 1702.>> 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. <<NOTE: 21 USC 1703.>> 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

    [[Page 112 STAT. 2681-673]]

            of the Senate, and shall serve at the pleasure of the President.
            In appointing the Deputy Director for Demand Reduction under
            this paragraph, the President shall take into consideration the
            scientific, educational or professional background of the
            individual, and whether the individual has experience in the
            fields of substance abuse prevention, education, or treatment.
                (2) Duties of deputy director of national drug control
            policy.--The Deputy Director of National Drug Control Policy
            shall--
                        (A) carry out the duties and powers prescribed by
                    the Director; and
                        (B) serve as the Director in the absence of the
                    Director or during any period in which the office of the
                    Director is vacant.
                (3) Designation of other officers.--In the absence of the
            Deputy Director, or if the Office of the Deputy Director is
            vacant, the Director shall designate such other permanent
            employee of the Office to serve as the Director, if the Director
            is absent or unable to serve.
                (4) Prohibition.--No person shall serve as Director or a
            Deputy Director while serving in any other position in the
            Federal Government.
                (5) Prohibition on political campaigning.--Any officer or
            employee of the Office who is appointed to that position by the
            President, by and with the advice and consent of the Senate, may
            not participate in Federal election campaign activities, except
            that such official is not prohibited by this paragraph from
            making contributions to individual candidates.

        (b) Responsibilities.--The Director--
                (1) shall assist the President in the establishment of
            policies, goals, objectives, and priorities for the National
            Drug Control Program;
                (2) shall promulgate the National Drug Control Strategy
            under section 706(a) and each report under section 706(b) in
            accordance with section 706;
                (3) shall coordinate and oversee the implementation by the
            National Drug Control Program agencies of the policies, goals,
            objectives, and priorities established under paragraph (1) and
            the fulfillment of the responsibilities of such agencies under
            the
    National Drug Control Strategy and make recommendations to National Drug
    Control Program agency heads with respect to implementation of Federal
    counter-drug programs;
                (4) shall make such recommendations to the President as the
            Director determines are appropriate regarding changes in the
            organization, management, and budgets of Federal departments and
            agencies engaged in drug enforcement, and changes in the
            allocation of personnel to and within those departments and
            agencies, to implement the policies, goals, priorities, and
            objectives established under paragraph (1) and the National Drug
            Control Strategy;
                (5) shall consult with and assist State and local
            governments with respect to the formulation and implementation
            of National Drug Control Policy and their relations with the
            National Drug Control Program agencies;

    [[Page 112 STAT. 2681-674]]

                (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;

    [[Page 112 STAT. 2681-675]]

                (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;

    [[Page 112 STAT. 2681-676]]

                        (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

    [[Page 112 STAT. 2681-677]]

                          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--

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                (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

    [[Page 112 STAT. 2681-678]]

            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) <<NOTE: Reports.>> 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.--

    [[Page 112 STAT. 2681-679]]

                (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.

    [[Page 112 STAT. 2681-680]]

        (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. <<NOTE: 21 USC 1704.>> 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.). <<NOTE: Regulations.>> 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) <<NOTE: Notification.>> 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--

    [[Page 112 STAT. 2681-681]]

                (A) require the National Drug Control Program agencies to
            submit to the Director not later than February 1 of each year a
            detailed accounting of all funds expended by the agencies for
            National Drug Control Program activities during the previous
            fiscal year, and require such accounting to be authenticated by
            the Inspector General for each agency prior to submission to the
            Director; and
                (B) submit to Congress not later than April 1 of each year
            the information submitted to the Director under subparagraph
            (A).

    SEC. 706. <<NOTE: 21 USC 1705.>> 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

    [[Page 112 STAT. 2681-682]]

                                        (VI) appropriate representatives of
                                    foreign governments;
                              (ii) with the concurrence of the Attorney
                          General, may require the El Paso Intelligence
                          Center to undertake specific tasks or projects to
                          implement the National Drug Control Strategy; and
                              (iii) with the concurrence of the Director of
                          Central Intelligence and the Attorney General, may
                          request that the National Drug Intelligence Center
                          undertake specific tasks or projects to implement
                          the National Drug Control Strategy.
                        (B) Inclusion in strategy.--The National Drug
                    Control Strategy under this subsection, and each report
                    submitted under subsection (b), shall include a list of
                    each entity consulted under subparagraph (A)(i).
                (4) Specific targets.--The targets in the National Drug
            Control Strategy shall include the following:
                        (A) Reduction of unlawful drug use to 3 percent of
                    the population of the United States or less by December
                    31, 2003 (as measured in terms of overall illicit drug
                    use during the past 30 days by the National Household
                    Survey), and achievement of at least 20 percent of such
                    reduction during each of 1999, 2000, 2001, 2002, and
                    2003.
                        (B) Reduction of adolescent unlawful drug use (as
                    measured in terms of illicit drug use during the past 30
                    days by the Monitoring the Future Survey of the
                    University of Michigan or the National PRIDE Survey
                    conducted by the National Parents' Resource Institute
                    for Drug Education) to 3 percent of the adolescent
                    population of the United States or less by December 31,
                    2003, and achievement of at least 20 percent of such
                    reduction during each of 1999, 2000, 2001, 2002, and
                    2003.
                        (C) Reduction of the availability of cocaine,
                    heroin, marijuana, and methamphetamine in the United
                    States by 80 percent by December 31, 2003.
                        (D) Reduction of the respective nationwide average
                    street purity levels for cocaine, heroin, marijuana, and
                    methamphetamine (as estimated by the interagency drug
                    flows assessment led by the Office of National Drug
                    Control Policy, and based on statistics collected by the
                    Drug Enforcement Administration and other National Drug
                    Control Program agencies identified as relevant by the
                    Director) by 60 percent by December 31, 2003, and
                    achievement of at least 20 percent of each such
                    reduction during each of 1999, 2000, 2001, 2002, and
                    2003.
                        (E) Reduction of drug-related crime in the United
                    States by 50 percent by December 31, 2003, and
                    achievement of at least 20 percent of such reduction
                    during each of 1999, 2000, 2001, 2002, and 2003,
                    including--
                              (i) reduction of State and Federal unlawful
                          drug trafficking and distribution;
                              (ii) reduction of State and Federal crimes
                          committed by persons under the influence of
                          unlawful drugs;
                              (iii) reduction of State and Federal crimes
                          committed for the purpose of obtaining unlawful
                          drugs or obtaining property that is intended to be
                          used for the purchase of unlawful drugs; and

    [[Page 112 STAT. 2681-683]]

                              (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--

    [[Page 112 STAT. 2681-684]]

                                        (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

    [[Page 112 STAT. 2681-685]]

                              (v) a review of the research agenda of the
                          Counter-Drug Technology Assessment Center to
                          reduce the availability and abuse of drugs; and
                        (F) an assessment of private sector initiatives and
                    cooperative efforts between the Federal Government and
                    State and local governments for drug control.
                (2) Submission of revised strategy.--The President may
            submit to Congress a revised National Drug Control Strategy that
            meets the requirements of this section--
                        (A) at any time, upon a determination by the
                    President, in consultation with the Director, that the
                    National Drug Control Strategy in effect is not
                    sufficiently effective; and
                        (B) if a new President or Director takes office.
                (3) 1999 strategy report.--With respect to the Strategy
            report required to be submitted by this subsection on February
            1, 1999, the President shall prepare the report using such
            information as is available for the period covered by the
            report.

        (c) Performance Measurement System.--
                (1) Sense of congress.--It is the sense of Congress that--
                        (A) the targets described in subsection (a) are
                    important to the reduction of overall drug use in the
                    United States;
                        (B) the President should seek to achieve those
                    targets during the 5 years covered by the National Drug
                    Control Strategy required to be submitted under
                    subsection (a);
                        (C) the purpose of such targets and the annual
                    reports to Congress on the progress towards achieving
                    the targets is to allow for the annual restructuring of
                    appropriations by the Appropriations Committees and
                    authorizing committees of jurisdiction of Congress to
                    meet the goals described in this Act;
                        (D) the performance measurement system developed by
                    the Director described in this subsection is central to
                    the National Drug Control Program targets, programs, and
                    budget;
                        (E) the Congress strongly endorses the performance
                    measurement system for establishing clear outcomes for
                    reducing drug use nationwide during the next five years,
                    and the linkage of this system to all agency drug
                    control programs and budgets receiving funds scored as
                    drug control agency funding.
                (2) Submission to congress.--Not later than February 1,
            1999, the Director shall submit to Congress a description of the
            national drug control performance measurement system, designed
            in consultation with affected National Drug Control Program
            agencies, that--
                        (A) develops performance objectives, measures, and
                    targets for each National Drug Control Strategy goal and
                    objective;
                        (B) revises performance objectives, measures, and
                    targets, to conform with National Drug Control Program
                    Agency budgets;
                        (C) identifies major programs and activities of the
                    National Drug Control Program agencies that support the
                    goals and objectives of the National Drug Control
                    Strategy;

    [[Page 112 STAT. 2681-686]]

                        (D) evaluates in detail the implementation by each
                    National Drug Control Program agency of program
                    activities supporting the National Drug Control
                    Strategy;
                        (E) monitors consistency between the drug-related
                    goals and objectives of the National Drug Control
                    Program agencies and
    ensures that drug control agency goals and budgets support and are fully
    consistent with the National Drug Control Strategy; and
                        (F) coordinates the development and implementation
                    of national drug control data collection and reporting
                    systems to support policy formulation and performance
                    measurement, including an assessment of--
                              (i) the quality of current drug use
                          measurement instruments and techniques to measure
                          supply reduction and demand reduction activities;
                              (ii) the adequacy of the coverage of existing
                          national drug use measurement instruments and
                          techniques to measure the casual drug user
                          population and groups that are at risk for drug
                          use; and
                              (iii) the actions the Director shall take to
                          correct any deficiencies and limitations
                          identified pursuant to subparagraphs (A) and (B)
                          of subsection (b)(4).
                (3) Modifications.--A description of any modifications made
            during the preceding year to the national drug control
            performance measurement system described in paragraph (2) shall
            be included in each report submitted under subsection (b).

    SEC. 707. <<NOTE: 21 USC 1706.>> 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;

    [[Page 112 STAT. 2681-687]]

                (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. <<NOTE: 21 USC 1707.>> 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

    [[Page 112 STAT. 2681-688]]

                    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. <<NOTE: 21 USC 1708.>> 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.

    [[Page 112 STAT. 2681-689]]

                (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. <<NOTE: 21 USC 1709.>> 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

    [[Page 112 STAT. 2681-690]]

                              (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.

    [[Page 112 STAT. 2681-691]]

                        (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 carry out this
    section.

    SEC. 711. <<NOTE: 21 USC 1710.>> 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

    [[Page 112 STAT. 2681-692]]

    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

    [[Page 112 STAT. 2681-693]]

                        (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. <<NOTE: 21 USC 1711.>> 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. <<NOTE: 21 USC 1712.>> 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 <<NOTE: Western Hemisphere Drug Elimination Act. 21 USC 801
    note.>> 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.

    [[Page 112 STAT. 2681-694]]

            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.

    [[Page 112 STAT. 2681-695]]

                        (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

    [[Page 112 STAT. 2681-696]]

            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

    [[Page 112 STAT. 2681-697]]

    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.

    [[Page 112 STAT. 2681-698]]

                        (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.

    [[Page 112 STAT. 2681-699]]

                (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 fiscal
    years 1999, 2000, and 2001 for the enhancement of drug-related
    eradication efforts in Colombia in the total amount of $201,250,000
    which shall be available for the following purposes:
                (1) For each such fiscal year for sustaining support of the
            helicopters and fixed wing fleet of the national police of
            Colombia.
                (2) For the purchase of DC-3 transport aircraft for the
            national police of Colombia.
                (3) For acquisition of resources needed for prison security
            in Colombia.
                (4) For the purchase of minigun systems for the national
            police of Colombia.
                (5) For the purchase of 6 UH-60L Black Hawk utility
            helicopters for the national police of Colombia and for
            operation, maintenance, and training relating to such
            helicopters.

    [[Page 112 STAT. 2681-700]]

                (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.

         <<NOTE: 22 USC 2291 note.>> (b) Counternarcotics Assistance.--
                (1) Limitation on provision of assistance.--Except as
            provided in paragraph (2), United States counternarcotics
            assistance may not be provided for the Government of Colombia
            under this title or under any other provision of law on or after
            the date of enactment of this Act if the Government of Colombia
            negotiates or permits the establishment of any demilitarized
            zone in which the eradication of drug production by the security
            forces of Colombia, including the Colombian National Police
            antinarcotics unit, is prohibited.
                (2) Exception.--If the Government of Colombia negotiates or
            permits the establishment of a demilitarized zone described in
            paragraph (1), United States counternarcotics assistance may be
            provided for the Government of Colombia for a period of up to 90
            consecutive days upon a finding by the President that providing
            such assistance is in the national interest of the United
            States.
                (3) Notification.--In each case in which counternarcotics
            assistance is provided for the Government of Colombia as a
            result of a finding by the President described in paragraph (2),
            the President shall notify the Committees on Appropriations and
            the authorizing committees of jurisdiction of the House of
            Representatives and the Senate not later than 5 days after such
            assistance is provided.

    SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.

        (a) Department of State.--Funds are authorized to be appropriated
    for the Department of State for fiscal years 1999, 2000, and 2001 for
    the establishment of a third drug interdiction site in Peru to support
    air bridge and riverine missions for enhancement of drug-related
    eradication efforts in Peru, in the total amount of $3,000,000, and an
    additional amount of $1,000,000 for each of fiscal years 2000 and 2001
    for operation and maintenance.
        (b) Department of Defense Study.--The Secretary of Defense shall
    conduct a study of Peruvian counternarcotics air interdiction
    requirements and, not later than 90 days after the date of enactment of
    this Act, submit to Congress a report on the results of the study. The
    study shall include a review of the Peruvian Air Force's current and
    future requirements for counternarcotics air
    interdiction to complement the Peruvian Air Force's A-37 capability.

    SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.

        Funds are authorized to be appropriated for the Department of State
    for fiscal years 1999, 2000, and 2001 for enhancement of drug-related
    eradication efforts in Bolivia in the total amount of $17,000,000 which
    shall be available for the following purposes:
                (1) For support of air operations in Bolivia.
                (2) For support of riverine operations in Bolivia.
                (3) For support of coca eradication programs.

    [[Page 112 STAT. 2681-701]]

                (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

    [[Page 112 STAT. 2681-702]]

            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. <<NOTE: 21 USC 1713.>> 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.

    [[Page 112 STAT. 2681-703]]

           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.

    [[Page 112 STAT. 2681-704]]

                (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. <<NOTE: 22 USC 2291-5.>> 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).

    [[Page 112 STAT. 2681-705]]

        (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.

    [[Page 112 STAT. 2681-706]]

                (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,

    [[Page 112 STAT. 2681-707]]

    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 <<NOTE: Controlled Substances Trafficking Prohibition Act. 21
    USC 801 note.>> 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.''.
         <<NOTE: 21 USC 956 note.>> (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.

         <<NOTE: 21 USC 956 note.>> (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 <<NOTE: Drug-Free Workplace Act of 1998. 15 USC 631 note.>> IX--
    DRUG-FREE WORKPLACE ACT

    SEC. 901. SHORT TITLE.

        This title may be cited as the ``Drug-Free Workplace Act of 1998''.

    SEC. 902. <<NOTE: 15 USC 654 note.>> 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;

    [[Page 112 STAT. 2681-708]]

                        (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. <<NOTE: 15 USC 654 note.>> 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. <<NOTE: 15 USC 654.>> 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;

    [[Page 112 STAT. 2681-709]]

                        ``(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

    [[Page 112 STAT. 2681-710]]

            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) <<NOTE: Reports.>> 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;

    [[Page 112 STAT. 2681-711]]

                        (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.

    [[Page 112 STAT. 2681-712]]

    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

    [[Page 112 STAT. 2681-713]]

                                    to and amendatory of that Act (43 U.S.C.
                                    371 et seq.).
                                        (II) No liability.--The operation of
                                    the Reservoir by the Secretary in
                                    fulfillment of the duties described in
                                    subclause (I) shall not result in
                                    liability for damages, direct or
                                    indirect, to the owner of any property
                                    conveyed under section 4(a) or damages
                                    from any loss of use or enjoyment of the
                                    property.
                        (C) Historical use.--The Secretary, the purchaser,
                    CFRA, and each subsequent owner of each property shall
                    covenant that future uses of the property shall be
                    limited to the type and intensity of uses in existence
                    on the date of enactment of this Act, as limited by the
                    prohibitions contained in the annual operating plan of
                    the Bureau of Reclamation for the Reservoir in effect on
                    October 1, 1998.

        (c) Purchase Process.--
                (1) In general.--The Secretary shall--
                        (A) solicit sealed bids for the properties;
                        (B) subject to paragraph (2), sell the properties to
                    the bidder that submits the highest bid above the
                    minimum bid determined under paragraph (2); and
                        (C) not accept any bid for less than all of the
                    properties in 1 transaction.
                (2) Minimum bid.--
                        (A) In general.--Before accepting bids, the
                    Secretary shall establish a minimum bid, which shall be
                    equal to the fair market value of the properties
                    determined by an appraisal of each property, exclusive
                    of the value of private improvements made by the
                    leaseholders before the date of the conveyance, in
                    conformance with the Uniform Appraisal Standards for
                    Federal Land Acquisition.
                        (B) Fair market value.--Any dispuste over the fair
                    market value of a property under subparagraph (A) shall
                    be resolved in accordance with section 2201.4 of title
                    43, Code of Federal Regulations.
                (3) Right of first refusal.--If the highest bidder is other
            than CFRA, CFRA shall have the right to match the highest bid
            and purchase the properties at a price equal to the amount of
            the highest bid.

        (d) Terms of Conveyance.--
                (1) Purchaser.--If the highest bidder is other than CFRA,
            and CFRA does not match the highest bid, the following shall
            apply:
                        (A) Payment.--The purchaser shall pay the amount bid
                    to the Secretary for distribution in accordance with
                    section 6.
                        (B) Conveyance.--The Secretary shall convey the
                    properties to the purchaser.
                        (C) Option to purchase.--The purchaser shall give
                    each lessee of a property conveyed under this section an
                    option to purchase the property at fair market value, as
                    determined under subsection (c)(2).
                        (D) Nonpurchasing lessees.--
                              (i) Right to continue lease.--A lessee that is
                          unable or unwilling to purchase a property shall
                          be provided the opportunity to continue to lease
                          the

    [[Page 112 STAT. 2681-714]]

                          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).

    [[Page 112 STAT. 2681-715]]

        (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--

    [[Page 112 STAT. 2681-716]]

                        (A) shall be responsible for investing the corpus of
                    the Trust; and
                        (B) shall disburse funds from the Trust on receiving
                    a request for disbursement from a majority of the
                    members of the Joint State-Federal Agency Board
                    established under paragraph (2) and after determining,
                    in consultation with the Citizen Advisory Board
                    established under paragraph (3) and after consideration
                    of any comments submitted by members of the public, that
                    the request meets the purpose of the Trust under
                    subsection (b) and the requirements of subsections (d)
                    and (e).
                (2) Joint state-federal agency board.--
                        (A) Establishment.--There is established a Joint
                    State-Federal agency Board, which shall consist of--
                              (i) 1 Forest Service employee employed in the
                          State designated by the Forest Service;
                              (ii) 1 Bureau of Land Management employee
                          employed in the State designated by the Bureau of
                          Land Management;
                              (iii) 1 Bureau of Reclamation employee
                          employed in the State designated by the Bureau of
                          Reclamation;
                              (iv) 1 United States Fish and Wildlife Service
                          employee employed in the State designated by the
                          United States Fish and Wildlife Service; and
                              (v) 1 Montana Department of Fish, Wildlife and
                          Parks employee designated by the Department.
                        (B) Requests for disbursement.--After consulting
                    with the Citizen Advisory Board established under
                    paragraph (3) and after consideration of the Trust plan
                    prepared under paragraph (3)(C) and of any comments or
                    requests submitted by members of the public, the Joint
                    State-Federal Agency Board, by a vote of a majority of
                    its members, may submit to the Trust Manager a request
                    for disbursement if the Board determines that the
                    request meets the purpose of the Trust.
                (3) Citizen advisory board.--
                        (A) In general.--The Secretary shall nominate, and
                    the Joint State-Federal Agency
    Board shall approve by a majority vote, a Citizen Advisory Board.
                        (B) Membership.--The Citizen Advisory Board shall
                    consist of 4 members, including 1 with a demonstrated
                    commitment to improving public access to public land and
                    to fish and wildlife conservation, from each of--
                              (i) a Montana organization representing
                          agricultural landowners;
                              (ii) a Montana organization representing
                          hunters;
                              (iii) a Montana organization representing
                          fishermen; and
                              (iv) a Montana nonprofit land trust or
                          environmental organization.
                        (C) Duties.--The Citizen Advisory Board, in
                    consultation with the Joint State-Federal Agency Board
                    and the Montana Association of Counties, shall prepare
                    and periodically update a Trust plan including
                    recommendations for requests for disbursement by the
                    Joint State-Federal Agency Board.

    [[Page 112 STAT. 2681-717]]

                        (D) Objectives of plan.--The Trust plan shall be
                    designed to maximize the effectiveness of Montana Fish
                    and Wildlife Conservation Trust expenditures
                    considering--
                              (i) public needs and requests;
                              (ii) availability of property;
                              (iii) alternative sources of funding; and
                              (iv) availability of matching funds.
                (4) Public notice and comment.--Before requesting any
            disbursements under paragraph (2), the Joint State-Federal
            Agency Board shall--
                        (A) notify members of the public, including local
                    governments; and
                        (B) provide opportunity for public comment.

        (d) Use.--
                (1) Principal.--The principal of the Trust shall be
            inviolate.
                (2) Earnings.--Earnings on amounts in the Trust shall be
            used to carry out subsection (b) and to administer the Trust and
            Citizen Advisory Board.
                (3) Local purposes.--Not more than 50 percent of the income
            from the Trust in any year shall be used outside the watershed
            of the Missouri River in the State, from Holter Dam upstream to
            the confluence of the Jefferson River, Gallatin River, and
            Madison River.

        (e) Management.--Land and interests in land acquired under this
    section shall be managed for the purpose described in subsection (b).

    SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST.

        (a) Establishment.--The Commissioners shall establish a nonprofit
    charitable permanent perpetual public trust to be known as the ``Canyon
    Ferry-Broadwater County Trust'' (referred to in this section as the
    ``Trust'').
        (b) Priority of Trust Establishment.--
                (1) Condition to sale.--No sale of property under section 4
            shall be made until at least $3,000,000, or a lesser amount as
            offset by in-kind contributions made before full funding of the
            trust, is deposited as the initial corpus of the Trust.
                (2) In-kind contributions.--
                        (A) In general.--In-kind contributions--
                              (i) shall be approved in advance by the
                          Commissioners;
                              (ii) shall be made in Broadwater County;
                              (iii) shall be related to the improvement of
                          access to the portions of the Reservoir lying
                          within Broadwater County or
    to the creation and improvement of new and existing recreational areas
    within Broadwater County; and
                              (iv) shall not include any contribution made
                          by Broadwater County.
                        (B) Approval.--Approval by the Commissioners of an
                    in-kind contribution under subparagraph (A) shall
                    include approval of the value, nature, and type of the
                    contribution and of the entity that makes the
                    contribution.
                (3) Interest.--Notwithstanding any other provision of this
            Act, all interest earned on the principal of the Trust shall

    [[Page 112 STAT. 2681-718]]

            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.

    [[Page 112 STAT. 2681-719]]

    TITLE XI--MORATORIUM ON CERTAIN <<NOTE: Internet Tax Freedom Act. 47 USC
    151 note.>> 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;

    [[Page 112 STAT. 2681-720]]

                        (B) a person engaged in the business of providing an
                    Internet access service;
                        (C) a person engaged in the business of providing an
                    Internet information location tool; or
                        (D) similarly engaged in the transmission, storage,
                    retrieval, hosting, formatting, or translation (or any
                    combination thereof) of a communication made by another
                    person, without selection or alteration of the
                    communication.
                (3) Definitions.--In this subsection:
                        (A) By means of the world wide web.--The term ``by
                    means of the World Wide Web'' means by placement of
                    material in a computer server-based file archive so that
                    it is publicly accessible, over the Internet, using
                    hypertext transfer protocol, file transfer protocol, or
                    other similar protocols.
                        (B) Commercial purposes; engaged in the business.--
                              (i) Commercial purposes.--A person shall be
                          considered to make a communication for commercial
                          purposes only if such person is engaged in the
                          business of making such communications.
                              (ii) Engaged in the business.--The term
                          ``engaged in the business'' means that the person
                          who makes a communication, or offers to make a
                          communication, by means of the World Wide Web,
                          that includes any material that is harmful to
                          minors, devotes time, attention, or labor to such
                          activities, as a regular course of such
    person's trade or business, with the objective of earning a profit as a
    result of such activities (although it is not necessary that the person
    make a profit or that the making or offering to make such communications
    be the person's sole or principal business or source of income). A
    person may be considered to be engaged in the business of making, by
    means of the World Wide Web, communications for commercial purposes that
    include material that is harmful to minors, only if the person knowingly
    causes the material that is harmful to minors to be posted on the World
    Wide Web or knowingly solicits such material to be posted on the World
    Wide Web.
                        (C) Internet.--The term ``Internet'' means
                    collectively the myriad of computer and
                    telecommunications facilities, including equipment and
                    operating software, which comprise the interconnected
                    world-wide network of networks that employ the
                    Transmission Control Protocol/Internet Protocol, or any
                    predecessor or successor protocols to such protocol, to
                    communicate information of all kinds by wire or radio.
                        (D) Internet access service.--The term ``Internet
                    access service'' means a service that enables users to
                    access content, information, electronic mail, or other
                    services offered over the Internet and may also include
                    access to proprietary content, information, and other
                    services as part of a package of services offered to
                    consumers. Such term does not include telecommunications
                    services.
                        (E) Internet information location tool.--The term
                    ``Internet information location tool'' means a service
                    that

    [[Page 112 STAT. 2681-721]]

                    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.

    [[Page 112 STAT. 2681-722]]

    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.

    [[Page 112 STAT. 2681-723]]

        (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

    [[Page 112 STAT. 2681-724]]

                    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;

    [[Page 112 STAT. 2681-725]]

                              (iv) establishes a classification of Internet
                          access service providers or online service
                          providers for purposes of establishing a higher
                          tax rate to be imposed on such providers than the
                          tax rate generally applied to providers of similar
                          information services delivered through other
                          means; or
                        (B) any tax imposed by a State or political
                    subdivision thereof, if--
                              (i) except with respect to a tax (on Internet
                          access) that was generally imposed and actually
                          enforced prior to October 1, 1998, the sole
                          ability to access a site on a remote seller's out-
                          of-State computer server is considered a factor in
                          determining
    a remote seller's tax collection obligation; or
                              (ii) a provider of Internet access service or
                          online services is deemed to be the agent of a
                          remote seller for determining tax collection
                          obligations solely as a result of--
                                        (I) the display of a remote seller's
                                    information or content on the out-of-
                                    State computer server of a provider of
                                    Internet access service or online
                                    services; or
                                        (II) the processing of orders
                                    through the out-of-State computer server
                                    of a provider of Internet access service
                                    or online services.
                (3) Electronic commerce.--The term ``electronic commerce''
            means any transaction conducted over the Internet or through
            Internet access, comprising the sale, lease, license, offer, or
            delivery of property, goods, services, or information, whether
            or not for consideration, and includes the provision of Internet
            access.
                (4) Internet.--The term ``Internet'' means collectively the
            myriad of computer and telecommunications facilities, including
            equipment and operating software, which comprise the
            interconnected world-wide network of networks that employ the
            Transmission Control Protocol/Internet Protocol, or any
            predecessor or successor protocols to such protocol, to
            communicate information of all kinds by wire or radio.
                (5) Internet access.--The term ``Internet access'' means a
            service that enables users to access content, information,
            electronic mail, or other services offered over the Internet,
            and may also include access to proprietary content, information,
            and other services as part of a package of services offered to
            users. Such term does not include telecommunications services.
                (6) Multiple tax.--
                        (A) In general.--The term ``multiple tax'' means any
                    tax that is imposed by one State or political
                    subdivision thereof on the same or essentially the same
                    electronic commerce that is also subject to another tax
                    imposed by another State or political subdivision
                    thereof (whether or not at the same rate or on the same
                    basis), without a credit (for example, a resale
                    exemption certificate) for taxes paid in other
                    jurisdictions.
                        (B) Exception.--Such term shall not include a sales
                    or use tax imposed by a State and 1 or more political
                    subdivisions thereof on the same electronic commerce or

    [[Page 112 STAT. 2681-726]]

                    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

    [[Page 112 STAT. 2681-727]]

                              (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. <<NOTE: 19 USC 2241 note.>> 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).

    [[Page 112 STAT. 2681-728]]

    SEC. 1204. NO EXPANSION OF TAX <<NOTE: 19 USC 2241 note.>> 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. <<NOTE: 19 USC 2241 note.>> 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. <<NOTE: 19 USC 2241 note.>> 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 <<NOTE: Children's Online Privacy Protection Act of 1998.>> XIII--
    CHILDREN'S ONLINE PRIVACY PROTECTION

    SEC. 1301. <<NOTE: 15 USC 6501 note.>> SHORT TITLE.

        This title may be cited as the ``Children's Online Privacy
    Protection Act of 1998''.

    SEC. 1302. <<NOTE: 15 USC 6501.>> 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

    [[Page 112 STAT. 2681-729]]

                    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.

    [[Page 112 STAT. 2681-730]]

                        (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. <<NOTE: 15 USC 6502.>> 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) <<NOTE: Notice.>> 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

    [[Page 112 STAT. 2681-731]]

                          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,

    [[Page 112 STAT. 2681-732]]

                    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. <<NOTE: 15 USC 6503.>> SAFE HARBORS.

        (a) Guidelines.--An operator may satisfy the requirements of
    regulations issued under section 1303(b) by following a set of self-
    regulatory guidelines, issued by representatives of the marketing or
    online industries, or by other persons, approved under subsection (b).
        (b) Incentives.--
                (1) Self-regulatory incentives.--In prescribing regulations
            under section 1303, the Commission shall provide incentives for
            self-regulation by operators to implement the protections
            afforded children under the regulatory requirements described in
            subsection (b) of that section.
                (2) Deemed compliance.--Such incentives shall include
            provisions for ensuring that a person will be deemed to be in
            compliance with the requirements of the regulations under
            section 1303 if that person complies with guidelines that, after
            notice and comment, are approved by the Commission upon making a
            determination that the guidelines meet the requirements of the
            regulations issued under section 1303.
                (3) Expedited response to requests.--The Commission shall
            act upon requests for safe harbor treatment within 180 days of
            the filing of the request, and shall set forth in writing its
            conclusions with regard to such requests.

        (c) Appeals.--Final action by the Commission on a request for
    approval of guidelines, or the failure to act
    within 180 days on a request for approval of guidelines, submitted under
    subsection

    [[Page 112 STAT. 2681-733]]

    (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. <<NOTE: 15 USC 6504.>> 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--

    [[Page 112 STAT. 2681-734]]

                (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. <<NOTE: 15 USC 6505.>> 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

    [[Page 112 STAT. 2681-735]]

            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. <<NOTE: 15 USC 6506.>> 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) <<NOTE: Reports.>> prepare and submit to Congress a
            report on the results of the review under paragraph (1).

    SEC. 1308. <<NOTE: 15 USC 6501 note.>> 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.

    [[Page 112 STAT. 2681-736]]

    TITLE <<NOTE: Child Online Protection Act. 47 USC 609 note.>> XIV--CHILD
    ONLINE PROTECTION

    SEC. 1401. SHORT TITLE.

        This title may be cited as the ``Child Online Protection Act''.

    SEC. 1402. <<NOTE: 47 USC 231 note.>> 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. <<NOTE: 47 USC 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

    [[Page 112 STAT. 2681-737]]

            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--

    [[Page 112 STAT. 2681-738]]

                        ``(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--

    [[Page 112 STAT. 2681-739]]

                        ``(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. <<NOTE: 47 USC 231 note.>> 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;

    [[Page 112 STAT. 2681-740]]

                        (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

    [[Page 112 STAT. 2681-741]]

    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. <<NOTE: 47 USC 223 note.>> 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 <<NOTE: Vaccine Injury Compensation Program Modification Act. 26
    USC 1 note.>> 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 <<NOTE: 26 USC 4132.>> (defining taxable vaccine) is amended by
    adding at the end the following new subparagraph:
                        ``(K) Any vaccine against rotavirus
                    gastroenteritis.''.

         <<NOTE: 26 USC 4132 note.>> (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.--

    [[Page 112 STAT. 2681-742]]

                (1) Paragraph (1) of section 9510(c) of the 1986
            Code <<NOTE: 26 USC 9510.>> 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.''.

         <<NOTE: 26 USC 9510 note.>> (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 <<NOTE: Persian Gulf War Veterans Act of 1998.>> XVI--SERVICE
    CONNECTION FOR PERSIAN GULF WAR ILLNESSES

    SEC. 1601. <<NOTE: 38 USC 101 note.>> 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.

    [[Page 112 STAT. 2681-743]]

        ``(2) An illness referred to in paragraph (1) is any diagnosed or
    undiagnosed illness that--
                ``(A) <<NOTE: Regulations.>> 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) <<NOTE: Regulations.>> 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

    [[Page 112 STAT. 2681-744]]

    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) <<NOTE: Regulations.>> 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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Regulations.>> Not later than 90 days after the date
    on which the Secretary issues any proposed regulations under this
    subsection, the Secretary shall <<NOTE: Effective date.>> issue final
    regulations. Such regulations shall be effective on the date of
    issuance.

        ``(d) Whenever the presumption of service connection for an illness
    under this section is removed under subsection (c)--
                ``(1) a veteran who was awarded compensation for the illness
            on the basis of the presumption before the effective date of the
            removal of the presumption shall continue to be entitled to
            receive compensation on that basis; and
                ``(2) a survivor of a veteran who was awarded dependency and
            indemnity compensation for the death of a veteran resulting from
            the illness on the
    basis of the presumption before that date shall continue to be entitled
    to receive dependency and indemnity compensation on that basis.

        ``(e) <<NOTE: Termination date.>> 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):

    [[Page 112 STAT. 2681-745]]

        ``(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) <<NOTE: Termination date.>> 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. <<NOTE: 38 USC 1117 note.>> 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.

    [[Page 112 STAT. 2681-746]]

                        (ii) Diazinon.
                        (iii) Dichlorvos.
                        (iv) Malathion.
                (B) The following carbamate pesticides:
                        (i) Proxpur.
                        (ii) Carbaryl.
                        (iii) Methomyl.
                (C) The carbamate pyridostigmine bromide used as nerve agent
            prophylaxis.
                (D) The following chlorinated hydrocarbon and other
            pesticides and repellents:
                        (i) Lindane.
                        (ii) Pyrethrins.
                        (iii) Permethrins.
                        (iv) Rodenticides (bait).
                        (v) Repellent (DEET).
                (E) The following low-level nerve agents and precursor
            compounds at exposure levels below those which produce
            immediately apparent incapacitating symptoms:
                        (i) Sarin.
                        (ii) Tabun.
                (F) The following synthetic chemical compounds:
                        (i) Mustard agents at levels below those which cause
                    immediate blistering.
                        (ii) Volatile organic compounds.
                        (iii) Hydrazine.
                        (iv) Red fuming nitric acid.
                        (v) Solvents.
                        (vi) Uranium.
                (G) The following ionizing radiation:
                        (i) Depleted uranium.
                        (ii) Microwave radiation.
                        (iii) Radio frequency radiation.
                (H) The following environmental particulates and pollutants:
                        (i) Hydrogen sulfide.
                        (ii) Oil fire byproducts.
                        (iii) Diesel heater fumes.
                        (iv) Sand micro-particles.
                (I) Diseases endemic to the region (including the
            following):
                        (i) Leishmaniasis.
                        (ii) Sandfly fever.
                        (iii) Pathogenic escherechia coli.
                        (iv) Shigellosis.
                (J) Time compressed administration of multiple live,
            `attenuated', and toxoid vaccines.

        (2) The consideration of agents, hazards, and medicines and vaccines
    under paragraph (1) shall not preclude the Academy from identifying
    other agents, hazards, or medicines or vaccines to which members of the
    Armed
    Forces may have been exposed for purposes of any report under subsection
    (i).

        (3) <<NOTE: Reports.>> 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

    [[Page 112 STAT. 2681-747]]

    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.

    [[Page 112 STAT. 2681-748]]

        (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. <<NOTE: 38 USC 1117 note.>> 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. <<NOTE: 38 USC 1117 note.>> 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

    [[Page 112 STAT. 2681-749]]

            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 <<NOTE: Government Paperwork Elimination Act. 44 USC 3504
    note.>> 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

    [[Page 112 STAT. 2681-750]]

            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).

    [[Page 112 STAT. 2681-751]]

    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 <<NOTE: Drug Demand Reduction Act. 21 USC 1801 note.>> 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 <<NOTE: 21 USC 1801.>> 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.

    [[Page 112 STAT. 2681-752]]

    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 <<NOTE: Drug-Free Media Campaign Act of 1998.>> I--TARGETED
    SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

               Subtitle A--National Youth Anti-Drug Media Campaign

    SEC. 101. <<NOTE: 21 USC 1801 note.>> SHORT TITLE.

        This subtitle may be cited as the ``Drug-Free Media Campaign Act of
    1998''.

    SEC. 102. <<NOTE: 21 USC 1801.>> 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. <<NOTE: 21 USC 1802.>> 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

    [[Page 112 STAT. 2681-753]]

                        (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. <<NOTE: 21 USC 1803.>> 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. <<NOTE: 21 USC 1804.>> 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 <<NOTE: Drug-Free Prisons and Jails Act of 1998. 42 USC 3751
    note.>> 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

    [[Page 112 STAT. 2681-754]]

    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.

    [[Page 112 STAT. 2681-755]]

                (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.--
                 <<NOTE: Contracts.>> (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

    [[Page 112 STAT. 2681-756]]

                        (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 <<NOTE: Drug-Free Schools Quality Assurance Act. 20 USC 6301
    note.>> 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. <<NOTE: 20 USC 7144.>> 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;

    [[Page 112 STAT. 2681-757]]

                ``(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.

    [[Page 112 STAT. 2681-758]]

                 Subtitle B--Rejection of Legalization of Drugs

    SEC. 211. SENSE OF CONGRESS.

        (a) Findings.--Congress finds the following:
                (1) Illegal drug use is harmful and wrong.
                (2) Illegal drug use can kill the individuals involved or
            cause the individuals to hurt or kill others, and such use
            strips the individuals of their moral sense.
                (3) The greatest threat presented by such use is to the
            youth of the United States, who are illegally using drugs in
            increasingly greater numbers.
                (4) The people of the United States are more concerned about
            illegal drug use and crimes associated with such use than with
            any other current social problem.
                (5) Efforts to legalize or otherwise legitimize drug use
            present a message to the youth of the United States that drug
            use is acceptable.
                (6) Article VI, clause 2 of the Constitution of the United
            States states that ``[t]his Constitution, and the laws of the
            United States which shall be made in pursuance thereof; and all
            treaties made, or which shall be made, under the authority of
            the United States, shall be the supreme law of the land; and
            judges in every state shall be bound thereby, any thing in the
            Constitution or laws of any state to the contrary
            notwithstanding.''.
                (7) The courts of the United States have repeatedly found
            that any State law that conflicts with a Federal law or treaty
            is preempted by such law or treaty.
                (8) The Controlled Substances Act (21 U.S.C. 801 et seq.)
            strictly regulates the use and possession of drugs.
                (9) The United Nations Convention Against Illicit Traffic in
            Narcotic Drugs and Psychotrophic Substances Treaty similarly
            regulates the use and possession of drugs.
                (10) Any attempt to authorize under State law an activity
            prohibited under such Treaty or the Controlled Substances Act
            would conflict with that Treaty or Act.

        (b) Sense of Congress.--It is the sense of Congress that--
                (1) the several States, and the citizens of such States,
            should reject the legalization of drugs
    through legislation, ballot proposition, constitutional amendment, or
    any other means; and
                (2) each State should make efforts to be a drug-free State.

      Subtitle C--Report on Streamlining Federal Prevention and Treatment
                                     Efforts

    SEC. 221. REPORT ON STREAMLINING FEDERAL <<NOTE: 21 USC 1703
                note.>> 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.--

    [[Page 112 STAT. 2681-759]]

                (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 <<NOTE: Methampheta- mine Trafficking Penalty Enhancement Act
       of 1998. 21 USC 801 note.>> 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''.

    [[Page 112 STAT. 2681-760]]

    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 <<NOTE: 42 USC 13705.>> 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

    [[Page 112 STAT. 2681-761]]

            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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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 <<NOTE: Foreign Affairs Reform and Restructuring Act of
     1998. 22 USC 6501 note.>> 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''.

    [[Page 112 STAT. 2681-762]]

    SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF
                CONTENTS.

          (a) Divisions.--This division is organized into three subdivisions
    as follows:
              (1) Subdivision a.--Foreign Affairs Agencies Consolidation Act
            of 1998.
              (2) Subdivision b.--Foreign Relations Authorization Act,
            Fiscal Years 1998 and 1999.
              (3) Subdivision c.--United Nations Reform Act of 1998.
          (b) Table of Contents.--The table of contents for this division is
    as follows:

         DIVISION --FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

    Sec. 1001. Short title.
    Sec. 1002. Organization of division into subdivisions; table of
               contents.

            Subdivision A--Consolidation of Foreign Affairs Agencies

                          TITLE XI--GENERAL PROVISIONS

    Sec. 1101. Short title.
    Sec. 1102. Purposes.
    Sec. 1103. Definitions.
    Sec. 1104. Report on budgetary cost savings resulting from
               reorganization.

          TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                          Chapter 1--General Provisions

    Sec. 1201. Effective date.

                 Chapter 2--Abolition and Transfer of Functions

    Sec. 1211. Abolition of United States Arms Control and Disarmament
               Agency.
    Sec. 1212. Transfer of functions to Secretary of State.
    Sec. 1213. Under Secretary for Arms Control and International Security.

                        Chapter 3--Conforming Amendments

    Sec. 1221. References.
    Sec. 1222. Repeals.
    Sec. 1223. Amendments to the Arms Control and Disarmament Act.
    Sec. 1224. Compensation of officers.
    Sec. 1225. Additional conforming amendments.

                  TITLE XIII--UNITED STATES INFORMATION AGENCY

                          Chapter 1--General Provisions

    Sec. 1301. Effective date.

                 Chapter 2--Abolition and Transfer of Functions

    Sec. 1311. Abolition of United States Information Agency.
    Sec. 1312. Transfer of functions.
    Sec. 1313. Under Secretary of State for Public Diplomacy.
    Sec. 1314. Abolition of Office of Inspector General of United States
               Information Agency and transfer of functions.

                      Chapter 3--International Broadcasting

    Sec. 1321. Congressional findings and declaration of purpose.
    Sec. 1322. Continued existence of Broadcasting Board of Governors.
    Sec. 1323. Conforming amendments to the United States International
               Broadcasting Act of 1994.
    Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.
    Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.
    Sec. 1326. Transfer of broadcasting related funds, property, and
               personnel.
    Sec. 1327. Savings provisions.
    Sec. 1328. Report on the privatization of RFE/RL, Incorporated.

                        Chapter 4--Conforming Amendments

    Sec. 1331. References.

    [[Page 112 STAT. 2681-763]]

    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.

    [[Page 112 STAT. 2681-764]]

    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.

    [[Page 112 STAT. 2681-765]]

                      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 <<NOTE: Foreign Affairs Agencies Consolidation Act of
    1998.>> A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

                          TITLE XI--GENERAL PROVISIONS

    SEC. 1101. <<NOTE: 22 USC 6501 note.>> SHORT TITLE.

        This subdivision may be cited as the ``Foreign Affairs Agencies
    Consolidation Act of 1998''.

    SEC. 1102. <<NOTE: 22 USC 6501.>> PURPOSES.

        The purposes of this subdivision are--

    [[Page 112 STAT. 2681-766]]

                (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, eliminated
                    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. <<NOTE: 22 USC 6502.>> 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.

    [[Page 112 STAT. 2681-767]]

                (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. <<NOTE: 22 USC 6503.>> 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. <<NOTE: 22 USC 6511 note.>> 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. <<NOTE: 22 USC 6511.>> ABOLITION OF UNITED STATES ARMS
                CONTROL AND DISARMAMENT AGENCY.
          The United States Arms Control and Disarmament Agency is
    abolished.

    SEC. 1212. <<NOTE: 22 USC 6512.>> 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)) <<NOTE: 22 USC 2651a.>> is amended--
              (1) by striking ``There'' and inserting the following:
              ``(1) In general.--There''; and

    [[Page 112 STAT. 2681-768]]

              (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. <<NOTE: 22 USC 6521.>> 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);

    [[Page 112 STAT. 2681-769]]

                              (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

    [[Page 112 STAT. 2681-770]]

                          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)--

    [[Page 112 STAT. 2681-771]]

                                        (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) <<NOTE: Applicability.>> by inserting at the end
                    the following new sentence: ``This section shall apply
                    only to individuals carrying out activities related to
                    arms control, nonproliferation, and disarmament.'';
                (15) in section 51 (22 U.S.C. 2593a)--
                        (A) in subsection (a)--
                              (i) in paragraphs (1) and (3), by inserting
                          ``, nonproliferation,'' after ``arms control''
                          each place it appears;
                              (ii) by striking ``Director, in consultation
                          with the Secretary of State,'' and inserting
                          ``Secretary of State with the concurrence of the
                          Director of Central Intelligence and in
                          consultation with'';
                              (iii) by striking ``the Chairman of the Joint
                          Chiefs of Staff, and the Director of Central
                          Intelligence'' and inserting ``and the Chairman of
                          the Joint Chiefs of Staff'';
                              (iv) by striking paragraphs (2) and (4); and
                              (v) by redesignating paragraphs (3), (5), (6),
                          and (7) as paragraphs (2) through (5),
                          respectively; and
                        (B) by adding at the end of subsection (b) the
                    following: ``The portions of this report described in
                    paragraphs (4) and (5) of subsection (a) shall summarize
                    in detail, at least in classified annexes, the
                    information, analysis, and conclusions relevant to
                    possible noncompliance by other nations that are
                    provided by United States intelligence agencies.'';

    [[Page 112 STAT. 2681-772]]

                (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) <<NOTE: 22 USC 2551 et seq.>> 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.''.

    [[Page 112 STAT. 2681-773]]

    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''.

    [[Page 112 STAT. 2681-774]]

        (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)), <<NOTE: 42 USC
            2139.>> by striking ``and the Director'';
                (3) in section 111b. (42 U.S.C. 2131(b)) <<NOTE: 42 USC
            2141.>> 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), <<NOTE: 42 USC 2155.>> 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

    [[Page 112 STAT. 2681-775]]

                              (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''.

    [[Page 112 STAT. 2681-776]]

                  TITLE XIII--UNITED STATES INFORMATION AGENCY

                          CHAPTER 1--GENERAL PROVISIONS

    SEC. 1301. <<NOTE: 22 USC 6531 note.>> 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. <<NOTE: 22 USC 6531.>> 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. <<NOTE: 22 USC 6532.>> 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. <<NOTE: 22 USC 6533.>> 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:

    [[Page 112 STAT. 2681-777]]

                ``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. <<NOTE: 22 USC 6541.>> CONGRESSIONAL FINDINGS AND DECLARATION
                OF PURPOSE.

        Congress finds that--
                (1) it is the policy of the United States to promote the
            right of freedom of opinion and expression, including the
            freedom ``to seek, receive, and impart information and ideas
            through any media and regardless of frontiers'', in accordance
            with Article 19 of the Universal Declaration of Human Rights;
                (2) open communication of information and ideas among the
            peoples of the world contributes to international peace and
            stability, and the promotion
    of such communication is in the interests of the United States;
                (3) it is in the interest of the United States to support
            broadcasting to other nations consistent with the requirements
            of this chapter and the United States International Broadcasting
            Act of 1994; and
                (4) international broadcasting is, and should remain, an
            essential instrument of United States foreign policy.

    SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.

        Section 304(a) of the United States International Broadcasting Act
    of 1994 (22 U.S.C. 6203(a)) is amended to read as follows:
        ``(a) Continued Existence Within Executive Branch.--
                ``(1) In general.--The Broadcasting Board of Governors shall
            continue to exist within the Executive branch of Government as
            an entity described in section 104 of title 5, United States
            Code.
                ``(2) Retention of existing board members.--The members of
            the Broadcasting Board of Governors appointed by the President
            pursuant to subsection (b)(1)(A) before the effective date of
            title XIII of the Foreign Affairs Agencies Consolidation Act of
            1998 and holding office as of that date may serve the remainder
            of their terms of office without reappointment.
                ``(3) Inspector general authorities.--
                        ``(A) In general.--The Inspector General of the
                    Department of State and the Foreign Service shall
                    exercise the same authorities with respect to the
                    Broadcasting

    [[Page 112 STAT. 2681-778]]

                    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

    [[Page 112 STAT. 2681-779]]

                    ``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:

    [[Page 112 STAT. 2681-780]]

        ``(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--

    [[Page 112 STAT. 2681-781]]

                (1) <<NOTE: 22 USC 1465a, 1465d, 1465f.>> by striking
            ``United States Information Agency'' each place it appears and
            inserting ``Broadcasting Board of Governors'';
                (2) <<NOTE: 22 USC 1465a, 1465d, 1465e, 1465f. 22 USC 1465a,
            1465b.>> 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) <<NOTE: 22 USC 1465b.>> 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

    [[Page 112 STAT. 2681-782]]

                (5) in section 245(d) (22 U.S.C. 1465c note), by striking
            ``Board'' and inserting ``Advisory Board''.

    SEC. 1326. <<NOTE: 22 USC 6542.>> TRANSFER OF BROADCASTING RELATED
                FUNDS, PROPERTY, AND PERSONNEL.
          (a) Transfer and Allocation of Property and Appropriations.--
                (1) In general.--The assets, liabilities (including
            contingent liabilities arising from suits continued with a
            substitution or addition of parties under section 1327(d)),
            contracts, property, records, and unexpended balance of
            appropriations, authorizations, allocations, and other funds
            employed, held, used, arising from, available to, or to be made
            available in connection with the functions and offices of USIA
            transferred to the Broadcasting Board of Governors by this
            chapter shall be transferred to the Broadcasting Board of
            Governors for appropriate allocation.
                (2) Additional transfers.--In addition to the transfers made
            under paragraph (1), there shall be transferred to the Chairman
            of the Broadcasting Board of Governors the assets, contracts,
            property, records, and unexpended balance of appropriations,
            authorizations, allocations, and other funds, as determined by
            the Secretary, in concurrence with the Broadcasting Board of
            Governors, to support the functions transferred by this chapter.
          (b) Transfer of Personnel.--Notwithstanding any other provision of
    law--
                (1) except as provided in subsection (c), all personnel and
            positions of USIA employed or maintained to carry out the
            functions transferred by this chapter to the Broadcasting Board
            of Governors shall be transferred to the Broadcasting Board of
            Governors at the same grade or class and the same rate of basic
            pay or basic salary rate and with the same tenure held
            immediately preceding transfer; and
                (2) the personnel and positions of USIA, as determined by
            the Secretary of State, with the concurrence of the Broadcasting
            Board of Governors and the Director of USIA, to support the
            functions transferred by this chapter shall be transferred to
            the Broadcasting Board of Governors, including the International
            Broadcasting Bureau, at the same grade or class and the same
            rate of basic pay or basic salary rate and with the same tenure
            held immediately preceding transfer.
          (c) Transfer and Allocation of Property, Appropriations, and
    Personnel Associated With Worldnet.--USIA personnel responsible for
    carrying out interactive dialogs with foreign media and other similar
    overseas public diplomacy programs using the Worldnet television
    broadcasting system, and funds associated with such personnel, shall be
    transferred to the Department of State in accordance with the provisions
    of title XVI of this subdivision.
          (d) Incidental Transfers.--The Director of the Office of
    Management and Budget, when requested by the Broadcasting Board of
    Governors, is authorized to make such incidental dispositions of
    personnel, assets, liabilities, grants, contracts, property, records,
    and unexpended balances of appropriations, authorizations, allocations,
    and other funds held, used, arising from, available to, or to be made
    available in connection with functions and offices

    [[Page 112 STAT. 2681-783]]

    transferred from USIA, as may be necessary to carry out the provisions
    of this section.

    SEC. 1327. <<NOTE: 22 USC 6543.>> 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,

    [[Page 112 STAT. 2681-784]]

            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. <<NOTE: 22 USC 6544.>> 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.

    [[Page 112 STAT. 2681-785]]

                        CHAPTER 4--CONFORMING AMENDMENTS

    SEC. 1331. <<NOTE: 22 USC 6551.>> 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. <<NOTE: 22 USC 6552.>> APPLICATION OF CERTAIN LAWS.
          (a) Application to Functions of Department of State.--Section 501
    of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426
    (22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 1461-
    1a) shall not apply to public affairs and other information
    dissemination functions of the Secretary
    of State as carried out prior to any transfer of functions pursuant to
    this subdivision.
          (b) Application to Functions Transferred to Department of State.--
    Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public
    Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22
    U.S.C. 1461-1a) shall apply only to public diplomacy programs of the
    Director of the United States Information Agency as carried out prior to
    any transfer of functions pursuant to this subdivision to the same
    extent that such programs were covered by these provisions prior to such
    transfer.
          (c) Limitation on Use of Funds.--Except as provided in section 501
    of Public Law 80-402 and section 208 of Public Law 99-93, funds
    specifically authorized to be appropriated for such public diplomacy
    programs shall not be used to influence public opinion in the United
    States, and no program material prepared

    [[Page 112 STAT. 2681-786]]

    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. <<NOTE: 22 USC 6553.>> 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

    [[Page 112 STAT. 2681-787]]

                              (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

    [[Page 112 STAT. 2681-788]]

                (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--

    [[Page 112 STAT. 2681-789]]

                (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 <<NOTE: 22 USC 4001
    note.>> is amended--
                (1) by striking the comma before ``Department of Commerce''
            and inserting ``and''; and
                (2) by striking ``, and the United States Information
            Agency''.

    [[Page 112 STAT. 2681-790]]

          (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) <<NOTE: 22 USC 1475g note. 22 USC 4001 note. 5 USC app.;
            22 USC 1461 note. 22 USC 1464a note.>> 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. <<NOTE: 22 USC 6561 note.>> 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. <<NOTE: 22 USC 6561.>> 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. <<NOTE: 22 USC 6562.>> 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

    [[Page 112 STAT. 2681-791]]

            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. <<NOTE: 22 USC 6563.>> 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. <<NOTE: 22 USC 6571.>> 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

    [[Page 112 STAT. 2681-792]]

            refer to the President or such agency or agencies as may be
            specified by Executive order.

    SEC. 1422. CONFORMING AMENDMENTS.

         <<NOTE: 5 USC app.; 22 USC 2381 note.>> (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) <<NOTE: 22 USC 5812 note.>> 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 divisionAct, 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''.

    [[Page 112 STAT. 2681-793]]

                (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. <<NOTE: 22 USC 6581 note.>> 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 <<NOTE: 22 USC
                6581.>> 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

    [[Page 112 STAT. 2681-794]]

    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. <<NOTE: 22 USC 6591.>> 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. <<NOTE: 22 USC 6592.>> 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. <<NOTE: 22 USC 6593.>> 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--

    [[Page 112 STAT. 2681-795]]

                (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. <<NOTE: President. 22 USC 6601.>> 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.

    [[Page 112 STAT. 2681-796]]

        (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

    [[Page 112 STAT. 2681-797]]

                    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.
                 <<NOTE: Federal Register, publication.>> (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.
                 <<NOTE: Applicability.>> (5) Supersedes existing law.--
            Paragraph (1) shall apply notwithstanding section 905(b) of
            title 5, United States Code.

        (h) Publication.--The <<NOTE: Federal Register,
    publication.>> reorganization plan described in this section shall be
    printed in the Federal Register after the date upon which it first
    becomes effective.

    [[Page 112 STAT. 2681-798]]

                       CHAPTER 2--REORGANIZATION AUTHORITY

    SEC. 1611. <<NOTE: 22 USC 6611.>> 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. <<NOTE: 22 USC 6612.>> 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

    [[Page 112 STAT. 2681-799]]

            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. <<NOTE: 22 USC 6613.>> 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 <<NOTE: 22 USC 6614.>> 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.

    [[Page 112 STAT. 2681-800]]

    SEC. 1615. <<NOTE: 22 USC 6615.>> 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

    [[Page 112 STAT. 2681-801]]

    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. <<NOTE: 22 USC 6616.>> 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. <<NOTE: President. 22 USC 6617.>> 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 <<NOTE: Foreign Relations Authorization
    Act, Fiscal Years 1998 and 1999. 22 USC 2651 note.>> 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.

    [[Page 112 STAT. 2681-802]]

       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 through
    September 30 of the fiscal year following the fiscal year for which the
    amount appropriated was made.
                (10) Repatriation loans.--For ``Repatriation Loans'',
            $1,200,000 for the fiscal year 1998 and $1,200,000 for the
            fiscal year 1999, for administrative expenses.

    [[Page 112 STAT. 2681-803]]

    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) <<NOTE: 22 USC 4403.>> 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

    [[Page 112 STAT. 2681-804]]

            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. <<NOTE: President.>> 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.''.

    [[Page 112 STAT. 2681-805]]

    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. <<NOTE: 22 USC 2708.>> 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

    [[Page 112 STAT. 2681-806]]

            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.--

    [[Page 112 STAT. 2681-807]]

                ``(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

    [[Page 112 STAT. 2681-808]]

                        ``(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.

    [[Page 112 STAT. 2681-809]]

        ``(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.''.
                 <<NOTE: 22 USC 4021 note.>> (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 <<NOTE: 22 USC
                2725.>> 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.''.

         <<NOTE: 22 USC 2725 note.>> (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

    [[Page 112 STAT. 2681-810]]

                (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. <<NOTE: 22 USC 2726.>> 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. <<NOTE: 22 USC 2727.>> 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.--

    [[Page 112 STAT. 2681-811]]

                (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).

    [[Page 112 STAT. 2681-812]]

    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 <<NOTE: 22 USC
                6561.>> THE DEPARTMENT OF STATE.

        (a) Counterdrug and Law Enforcement Strategy.--

    [[Page 112 STAT. 2681-813]]

                (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

    [[Page 112 STAT. 2681-814]]

            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. <<NOTE: 22 USC 303.>> 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:

    [[Page 112 STAT. 2681-815]]

        ``Sec. 12. <<NOTE: 22 USC 303.>> 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. <<NOTE: 22 USC 2728.>> 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.

    [[Page 112 STAT. 2681-816]]

                        ``(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. <<NOTE: 22 USC 2669b.>> 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

    [[Page 112 STAT. 2681-817]]

            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).
                 <<NOTE: 22 USC 4021 note.>> (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,''.

    [[Page 112 STAT. 2681-818]]

           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).''.

    [[Page 112 STAT. 2681-819]]

        (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 <<NOTE: 8 USC
                1182d.>> 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,

    [[Page 112 STAT. 2681-820]]

            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

    [[Page 112 STAT. 2681-821]]

                                    Civil Aspects of International Child
                                    Abduction, done at The Hague on October
                                    25, 1980.''.
           <<NOTE: 8 USC 1182 note.>> (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. <<NOTE: 22 USC 2601 note.>> 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.

    [[Page 112 STAT. 2681-822]]

          (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. <<NOTE: 8 USC 1231 note.>> 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.--

    [[Page 112 STAT. 2681-823]]

                (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

    [[Page 112 STAT. 2681-824]]

                        ``(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.--
                `` <<NOTE: President. Congress.>> (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) <<NOTE: 22 USC 2651a note.>> is amended by striking subsection (e).

    [[Page 112 STAT. 2681-825]]

    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.

    [[Page 112 STAT. 2681-826]]

    SEC. 2306. <<NOTE: President.>> 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.--
                 <<NOTE: Procedures.>> (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.

    [[Page 112 STAT. 2681-827]]

                (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''.

         <<NOTE: 22 USC 4009 et seq.>> (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.
                 <<NOTE: Applicability.>> (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

    [[Page 112 STAT. 2681-828]]

    a job search and without other substantive duties for more than one
    month.''.
        (b) Effective Date.--The <<NOTE: 22 USC 4026 note.>> 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

    [[Page 112 STAT. 2681-829]]

    (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,''.
         <<NOTE: 5 USC 5542 note.>> (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. <<NOTE: 22 USC 3922a note.>> 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.

    [[Page 112 STAT. 2681-830]]

       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''.

    [[Page 112 STAT. 2681-831]]

                              (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. <<NOTE: 22 USC 4416.>> 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.

    [[Page 112 STAT. 2681-832]]

    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:

        ``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 <<NOTE: Establishment.>> 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-

    [[Page 112 STAT. 2681-833]]

    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

    [[Page 112 STAT. 2681-834]]

            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 <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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. <<NOTE: Reports.>> 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.

         <<NOTE: 22 USC 2452 note.>> (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

    [[Page 112 STAT. 2681-835]]

                (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)''.

         <<NOTE: 22 USC 2452 note.>> (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. <<NOTE: 22 USC 1474 note.>> 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. <<NOTE: 22 USC 6202 note.>> 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).

    [[Page 112 STAT. 2681-836]]

        (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. <<NOTE: 22 USC 262-1.>> 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. <<NOTE: 22 USC 276 note.>> UNITED STATES MEMBERSHIP IN THE
                BUREAU OF THE INTERPARLIAMENTARY UNION.

         <<NOTE: Certification. Effective date.>> (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

    [[Page 112 STAT. 2681-837]]

    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.
         <<NOTE: 22 USC 276 note.>> (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.''.
         <<NOTE: 5 USC 3582 note.>> (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. <<NOTE: 5 USC 5707 note.>> 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

    [[Page 112 STAT. 2681-838]]

    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--

    [[Page 112 STAT. 2681-839]]

                        (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 <<NOTE: European Security Act of 1998. 22 USC 1928 note.>> 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

    [[Page 112 STAT. 2681-840]]

            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;

    [[Page 112 STAT. 2681-841]]

                        (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

    [[Page 112 STAT. 2681-842]]

            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);

    [[Page 112 STAT. 2681-843]]

                (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

    [[Page 112 STAT. 2681-844]]

            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'' as
    used in Article VI and Article IX of the ABM Treaty.
                (2) Preservation of united states theater ballistic missile
            defense potential.--It is the sense of Congress that no ABM/TMD
            demarcation agreement that would reduce the capabilities of
            United States theater missile defense systems, or the numbers or
            deployment patterns of such systems, will be approved for entry
            into force with respect to the United States.

         <<NOTE: President.>> (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).

    [[Page 112 STAT. 2681-845]]

                  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.

    [[Page 112 STAT. 2681-846]]

        (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

    [[Page 112 STAT. 2681-847]]

    and Vietnam, the Secretary of State shall submit a report to the
    appropriate congressional committees, not later than 90 days after the
    date of enactment of this Act and every 180 days thereafter during the
    period ending September 30, 1999, on the extent to which--
                (1) the Government of the Socialist Republic of Vietnam is
            cooperating with the United States in providing the fullest
            possible accounting of all unresolved cases of prisoners of war
            (POWs) or persons missing-in-action (MIAs) through the provision
            of records and the unilateral and joint recovery and
            repatriation of American remains;
                (2) the Government of the Socialist Republic of Vietnam has
            made progress toward the release of all political and religious
            prisoners, including Catholic, Protestant, and Buddhist clergy;
                (3) the Government of the Socialist Republic of Vietnam is
            cooperating with requests by the United States to obtain full
            and free access to persons of humanitarian interest to the
            United States for interviews under the Orderly Departure (ODP)
            and Resettlement Opportunities for Vietnamese Refugees (ROVR)
            programs, and in providing exit visas for such persons;
                (4) the Government of the Socialist Republic of Vietnam has
            taken vigorous action to end extortion, bribery, and other
            corrupt practices in connection with such exit visas; and
                (5) the Government of the United States is making vigorous
            efforts to interview and resettle former reeducation camp
            victims, their immediate families including unmarried sons and
            daughters, former United States Government employees, and other
            persons eligible for the ODP program, and to give such persons
            the full benefit of all applicable United States laws including
            sections 599D and 599E of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act of 1990
            (Public Law 101-167).

    SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN
                LAOS.

        Not later than 180 days after the date of enactment of this Act, the
    Secretary of State shall submit a report to the appropriate
    congressional committees on the allegations of persecution and abuse of
    the Hmong and Laotian
    refugees who have returned to Laos. The report shall include the
    following:
                (1) A full investigation, including full documentation of
            individual cases of persecution, of the Lao Government's
            treatment of Hmong and Laotian refugees who have returned to
            Laos.
                (2) The steps the Department of State will take to continue
            to monitor any systematic human rights violations by the
            Government of Laos.
                (3) The actions which the Department of State will take to
            seek to ensure the cessation of human rights violations.

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

        (a) Sense of Congress on Discussions for Alliance.--
                (1) Sense of congress.--It is the sense of Congress that the
            President should discuss with the democratically-elected
            governments of the Western Hemisphere, the prospect of

    [[Page 112 STAT. 2681-848]]

            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 <<NOTE: President.>> 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.

    [[Page 112 STAT. 2681-849]]

                (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
                 <<NOTE: Applicability.>> (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

    [[Page 112 STAT. 2681-850]]

    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 <<NOTE: 22 USC 2021 note.>> 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.

         <<NOTE: 22 USC 2021 note.>> (c) Reporting Requirements.--
                (1) Request for iaea reports.--The Secretary of State shall
            direct the United States representative to the International
            Atomic Energy Agency to request the Director-General of the
            Agency to submit to the United States all reports prepared with
            respect to all programs or projects of the Agency that are of
            concern to the United States, including the programs or projects
            described in subsection (b).
                (2) Annual reports to the congress.--Not later than 180 days
            after the date of the enactment of this Act, and on an annual
            basis thereafter, the Secretary of State, in consultation with
            the United States representative to the International Atomic
            Energy Agency, shall prepare and submit to the Congress a report
            containing a description of all programs or projects of the
            Agency in each country described in section 307(a) of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)).

    SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA NUCLEAR
                DEVELOPMENT.

        (a) In General.--Section 620 of the Foreign Assistance Act of 1961
    (22 U.S.C. 2370), as amended by this division, is further amended by
    adding at the end the following:
        ``(y)(1) Except as provided in paragraph (2), the President shall
    withhold from amounts made available under this Act or any other Act and
    allocated for a country for a fiscal year an amount equal to the
    aggregate value of nuclear fuel and related assistance and credits
    provided by that country, or any entity of that country, to Cuba during
    the preceding fiscal year.
        ``(2) The requirement to withhold assistance for a country for a
    fiscal year under paragraph (1) shall not apply if Cuba--
                ``(A) has ratified the Treaty on the Non-Proliferation of
            Nuclear Weapons (21 UST 483) or the
    Treaty of Tlatelelco,

    [[Page 112 STAT. 2681-851]]

    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.''.
         <<NOTE: 22 USC 2370 note.>> (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;

    [[Page 112 STAT. 2681-852]]

                (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

    [[Page 112 STAT. 2681-853]]

     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

    [[Page 112 STAT. 2681-854]]

            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 <<NOTE: Depository Institution-GSE Affiliation Act of
    1998. 12 USC 1811 note.>>

    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

    [[Page 112 STAT. 2681-855]]

                          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--

    [[Page 112 STAT. 2681-856]]

                              ``(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 <<NOTE: Chemical Weapons Convention Implementation Act of
    1998. 22 USC 6701 note.>> 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. <<NOTE: 22 USC 6701.>> DEFINITIONS.
          In this Act:

    [[Page 112 STAT. 2681-857]]

                (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.

    [[Page 112 STAT. 2681-858]]

                        (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 (<ls-thn-eq>C<INF>10</INF>, incl.
                    cycloalkyl) alkyl
                              (Me, Et, n-Pr or i-Pr)-phosphonofluoridates
                              (e.g. Sarin: O-Isopropyl
                          methylphosphonofluoridate Soman: O-Pinacolyl
                          methylphosphonofluoridate).
                        (B) O-Alkyl (<ls-thn-eq>C<INF>10</INF>, 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 <ls-thn-eq>C<INF>10</INF>, 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 >C<INF>10</INF>, 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.

    [[Page 112 STAT. 2681-859]]

          (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 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.

    [[Page 112 STAT. 2681-860]]

                        (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. <<NOTE: 22 USC 6711.>> 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.

    [[Page 112 STAT. 2681-861]]

    SEC. 102. NO <<NOTE: 22 USC 6712.>> ABRIDGEMENT OF CONSTITUTIONAL
                RIGHTS.
          No person may be required, as a condition for entering into a
    contract with the United States or as a condition for receiving any
    benefit from the United States, to
    waive any right under the Constitution for any purpose related to this
    Act or the Convention.

    SEC. 103. <<NOTE: 22 USC 6713.>> 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

    [[Page 112 STAT. 2681-862]]

            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

    [[Page 112 STAT. 2681-863]]

            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

    [[Page 112 STAT. 2681-864]]

                          recouping funds in accordance with the policy in
                          paragraph (1).
                              (vii) Denial of landing rights.--Landing
                          rights in the United States shall be denied to any
                          private aircraft or air carrier owned by a person
                          described in subparagraph (A) except as necessary
                          to provide for emergencies in which the safety of
                          the aircraft or its crew or passengers is
                          threatened.
                (3) Sanctions on foreign governments.--
                        (A) Imposition of sanctions.--Whenever the President
                    determines that persuasive information is available
                    indicating that a foreign country has knowingly
                    assisted, encouraged or induced, in any way, a person
                    described in paragraph (2)(A) to publish, divulge,
                    disclose, or make known in any manner or to any extent
                    not authorized by the Convention any United States
                    confidential business information, the President shall,
                    within 30 days after the receipt of such information by
                    the executive branch of Government, notify the Congress
                    in
    writing of such determination and, subject to the requirements of
    paragraphs (4) and (5), impose the sanctions provided under subparagraph
    (B) for a period of not less than five years.
                        (B) Sanctions.--
                              (i) Arms export transactions.--The United
                          States Government shall not sell a country
                          described in subparagraph (A) any item on the
                          United States Munitions List, shall terminate
                          sales of any defense articles, defense services,
                          or design and construction services to that
                          country under the Arms Export Control Act, and
                          shall terminate all foreign military financing for
                          that country under the Arms Export Control Act.
                              (ii) Denial of certain licenses.--Licenses
                          shall not be issued for the export to the
                          sanctioned country of any item on the United
                          States Munitions List or commercial satellites.
                              (iii) Denial of assistance.--No appropriated
                          funds may be used for the purpose of providing
                          economic assistance, providing military assistance
                          or grant military education and training, or
                          extending military credits or making guarantees to
                          a country described in subparagraph (A).
                              (iv) Sanctions under export administration act
                          of 1979.--The authorities of section 6 of the
                          Export Administration Act of 1979 shall be used to
                          prohibit the export of any goods or technology on
                          the control list established pursuant to section
                          5(c)(1) of that Act to a country described in
                          subparagraph (A).
                              (v) International financial assistance.--The
                          United States shall oppose any loan or financial
                          or technical assistance by international financial
                          institutions in accordance with section 701 of the
                          International Financial Institutions Act to a
                          country described in subparagraph (A).
                              (vi) Termination of assistance under foreign
                          assistance act of 1961.--The United States shall
                          terminate all assistance to a country described in

    [[Page 112 STAT. 2681-865]]

                          subparagraph (A) under the Foreign Assistance Act
                          of 1961, except for urgent humanitarian
                          assistance.
                              (vii) Private bank transactions.--The United
                          States shall not give approval to guarantee,
                          insure, or extend credit, or participate in the
                          extension of credit through the Export-Import Bank
                          of the United States to a country described in
                          subparagraph (A).
                              (viii) Private bank transactions.--Regulations
                          shall be issued to prohibit any United States bank
                          from making any loan or providing any credit to a
                          country described in subparagraph (A).
                              (ix) Denial of landing rights.--Landing rights
                          in the United States shall be denied to any air
                          carrier owned by a country described in
                          subparagraph (A), except as necessary to provide
                          for emergencies in which the safety of the
                          aircraft or its crew or passengers is threatened.
                (4) Suspension of sanctions upon recoupment by payment.--
            Sanctions imposed under paragraph (2) or (3) may be suspended if
            the sanctioned person, business entity, or country, within the
            period specified in that paragraph, provides full and complete
            compensation to the United States Government, in convertible
            foreign exchange or other mutually acceptable compensation
            equivalent to the full value thereof, in satisfaction of a tort
            or taking for which the United States has been held liable
            pursuant to this Act.
                (5) Waiver of sanctions on foreign countries.--The President
            may waive some or all of the sanctions provided under paragraph
            (3) in a particular case if he determines and certifies in
            writing to the Speaker of the House of Representatives and the
            Committee on Foreign Relations of the Senate that such waiver is
            necessary to protect the national security interests of the
            United States. The certification shall set forth the reasons
            supporting the determination and shall take effect on the date
            on which the certification is received by the Congress.
                (6) Notification to congress.--Not later than five days
            after sanctions become effective against a foreign person
            pursuant to this Act, the President shall transmit written
            notification of the imposition of sanctions against that foreign
            person to the chairmen and ranking members of the Committee on
            International Relations of the House of
    Representatives and the Committee on Foreign Relations of the Senate.
          (f) Sanctions for Unauthorized Disclosure of United States
    Confidential Business Information.--The Secretary of State shall deny a
    visa to, and the Attorney General shall exclude from the United States
    any alien who, after the date of enactment of this Act--
                (1) is, or previously served as, an officer or employee of
            the Organization and who has willfully published, divulged,
            disclosed, or made known in any manner or to any extent not
            authorized by the Convention any United States confidential
            business information coming to him in the course of his
            employment or official duties, or by reason of any examination
            or investigation of any return, report, or record made to or
            filed with the Organization, or any officer or employee thereof,
            such practice or disclosure having resulted in financial loses

    [[Page 112 STAT. 2681-866]]

            or damages to a United States person and for which actions or
            omissions the United States has been found liable of a tort or
            taking pursuant to this Act;
                (2) traffics in United States confidential business
            information, a proven claim to which is owned by a United States
            national;
                (3) is a corporate officer, principal, shareholder with a
            controlling interest of an entity which has been involved in the
            unauthorized disclosure of United States confidential business
            information, a proven claim to which is owned by a United States
            national; or
                (4) is a spouse, minor child, or agent of a person
            excludable under paragraph (1), (2), or (3).
          (g) United States Confidential Business Information Defined.--In
    this section, the term ``United States confidential business
    information'' means any trade secrets or commercial or financial
    information that is privileged and confidential--
                (1) including--
                        (A) data described in section 304(e)(2) of this Act,
                        (B) any chemical structure,
                        (C) any plant design process, technology, or
                    operating method,
                        (D) any operating requirement, input, or result that
                    identifies any type or quantity of chemicals used,
                    processed, or produced, or
                        (E) any commercial sale, shipment, or use of a
                    chemical, or
                (2) as described in section 552(b)(4) of title 5, United
            States Code,

    and that is obtained--
          (i) from a United States person; or
          (ii) through the United States Government or the conduct of an
    inspection on United States territory under the Convention.

    TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
                              OF THE UNITED STATES

                    Subtitle A--Criminal and Civil Penalties

    SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

          (a) In General.--Part I of title 18, United States Code, is
    amended by inserting after chapter 11A the following new chapter:

                         ``CHAPTER 11B--CHEMICAL WEAPONS

    ``Sec.
    ``229. Prohibited activities.
    ``229A. Penalties.
    ``229B. Criminal forfeitures; destruction of weapons.
    ``229C. Individual self-defense devices.
    ``229D. Injunctions.
    ``229E. Requests for military assistance to enforce prohibition in
               certain emergencies.
    ``229F. Definitions.

    ``Sec. 229. Prohibited activities

        ``(a) Unlawful Conduct.--Except as provided in subsection (b), it
    shall be unlawful for any person knowingly--

    [[Page 112 STAT. 2681-867]]

                ``(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.

    [[Page 112 STAT. 2681-868]]

        ``(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.

    [[Page 112 STAT. 2681-869]]

                        ``(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:

    [[Page 112 STAT. 2681-870]]

                        ``(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

    [[Page 112 STAT. 2681-871]]

                    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.

    [[Page 112 STAT. 2681-872]]

                  Subtitle B--Revocations of Export Privileges

    SEC. 211. <<NOTE: 18 USC 229 note.>> 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. <<NOTE: 22 USC 6721.>> 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. <<NOTE: 22 USC 6722.>> 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,

    [[Page 112 STAT. 2681-873]]

    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. <<NOTE: 22 USC 6723.>> 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

    [[Page 112 STAT. 2681-874]]

                          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. <<NOTE: 22 USC 6724.>> 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

    [[Page 112 STAT. 2681-875]]

    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. <<NOTE: 22 USC 6725.>>  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

    [[Page 112 STAT. 2681-876]]

    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

    [[Page 112 STAT. 2681-877]]

                    year, and, in the case of facilities related to Schedule
                    3 chemical agents or unscheduled discrete organic
                    chemicals, the inspection will not cause the number of
                    routine inspections in the United States to exceed 20 in
                    a calendar year;
                        (F) the selection of the site was made in accordance
                    with procedures established under the Convention and, in
                    particular--
                              (i) in the case of any facility owned or
                          operated by a non-Government entity related to
                          Schedule 1 chemical agents, the intensity,
                          duration, timing, and mode of the requested
                          inspection is based on the risk to the object and
                          purpose of the Convention
    by the quantities of chemical produced, the characteristics of the
    facility and the nature of activities carried out at the facility, and
    the requested inspection, when considered with previous such inspections
    of the facility undertaken in the current calendar year, shall not
    exceed the number reasonably required based on the risk to the object
    and purpose of the Convention as described above;
                              (ii) in the case of any facility related to
                          Schedule 2 chemical agents, the Technical
                          Secretariat gave due consideration to the risk to
                          the object and purpose of the Convention posed by
                          the relevant chemical, the characteristics of the
                          plant site and the nature of activities carried
                          out there, taking into account the respective
                          facility agreement as well as the results of the
                          initial inspections and subsequent inspections;
                          and
                              (iii) in the case of any facility related to
                          Schedule 3 chemical agents or unscheduled discrete
                          organic chemicals, the facility was selected
                          randomly by the Technical Secretariat using
                          appropriate mechanisms, such as specifically
                          designed computer software, on the basis of two
                          weighting factors: (I) equitable geographical
                          distribution of inspections; and (II) the
                          information on the declared sites available to the
                          Technical Secretariat, related to the relevant
                          chemical, the characteristics of the plant site,
                          and the nature of activities carried out there;
                        (G) the earliest commencement and latest closing
                    dates and times of the inspection; and
                        (H) the duration of inspection will not exceed time
                    limits specified in the Convention unless agreed by the
                    owner, operator, or agent in charge of the plant.
                (3) Content of warrants.--A warrant issued under paragraph
            (2) shall specify the same matters required of an affidavit
            under that paragraph. In addition to the requirements for a
            warrant issued under this paragraph, each warrant shall contain,
            if known, the identities of the representatives of the Technical
            Secretariat conducting the inspection and the observers of the
            inspection and, if applicable, the identities of the
            representatives of agencies or departments of the United States
            accompanying those representatives.
                (4) Challenge inspections.--
                        (A) Criminal search warrant.--For any challenge
                    inspection conducted on the territory of the United
                    States

    [[Page 112 STAT. 2681-878]]

                    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. <<NOTE: 22 USC 6726.>>  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. <<NOTE: 22 USC 6727.>> NATIONAL SECURITY EXCEPTION.
          Consistent with the objective of eliminating chemical weapons, the
    President may deny a request to inspect any facility in the

    [[Page 112 STAT. 2681-879]]

    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. <<NOTE: 41 USC 436.>> 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. <<NOTE: 22 USC 6728.>>  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

    [[Page 112 STAT. 2681-880]]

    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. <<NOTE: 22 USC 6729.>>  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. <<NOTE: 22 USC 6741.>>  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

    [[Page 112 STAT. 2681-881]]

                        (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. <<NOTE: 22 USC 6742.>> 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. <<NOTE: 22 USC 6743.>> 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.

    [[Page 112 STAT. 2681-882]]

    SEC. 404. <<NOTE: 22 USC 6744.>>  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

    [[Page 112 STAT. 2681-883]]

                    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. <<NOTE: 22 USC 6745.>> 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. <<NOTE: 22 USC 6761.>> 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.--

    [[Page 112 STAT. 2681-884]]

                        (A) In general.--Before imposing an order described
                    in paragraph (1) against a person under this subsection
                    for a violation of section 306 or 405, the Secretary of
                    State shall provide the person or entity with notice
                    and, upon request made within 15 days of the date of the
                    notice, a hearing respecting the violation.
                        (B) Conduct of hearing.--Any hearing so requested
                    shall be conducted before an administrative law judge.
                    The hearing shall be conducted in accordance with the
                    requirements of section 554 of title 5, United States
                    Code. If no hearing is so requested, the Secretary of
                    State's imposition of the order shall constitute a final
                    and unappealable order.
                        (C) Issuance of orders.--If the administrative law
                    judge determines, upon the preponderance of the evidence
                    received, that a person or entity named in the complaint
                    has violated section 306 or 405, the administrative law
                    judge shall state his findings of fact and issue and
                    cause to be served on such person or entity an order
                    described in paragraph (1).
                        (D) Factors for determination of penalty amounts.--
                    In determining the amount of any civil penalty, the
                    administrative law judge shall take into account the
                    nature, circumstances, extent, and gravity of the
                    violation or violations and, with respect to the
                    violator, the ability to pay, effect on ability to
                    continue to do business, any history of prior such
                    violations, the degree of culpability, the existence of
                    an internal compliance program, and such other matters
                    as justice may require.
                (3) Administrative appellate review.--The decision and order
            of an administrative law judge shall become the final agency
            decision and order of the head of the United States National
            Authority unless, within 30 days, the head of the United States
            National Authority modifies or vacates the decision and order,
            with or without conditions, in which case the decision and order
            of the head of the United States National Authority shall become
            a final order under this subsection.
                (4) Offsets.--The amount of the civil penalty under a final
            order of the United States National Authority may be deducted
            from any sums owed by the United States to the person.
                (5) Judicial review.--A person adversely affected by a final
            order respecting an assessment may, within 30 days after the
            date the final order is issued, file a petition in the Court of
            Appeals for
    the District of Columbia Circuit or for any other circuit in which the
    person resides or transacts business.
                (6) Enforcement of orders.--If a person fails to comply with
            a final order issued under this subsection against the person or
            entity--
                        (A) after the order making the assessment has become
                    a final order and if such person does not file a
                    petition for judicial review of the order in accordance
                    with paragraph (5), or
                        (B) after a court in an action brought under
                    paragraph (5) has entered a final judgment in favor of
                    the United States National Authority,

    [[Page 112 STAT. 2681-885]]

            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. <<NOTE: 22 USC 6762.>> 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. <<NOTE: 22 USC 6763.>> 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.

    [[Page 112 STAT. 2681-886]]

                       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. <<NOTE: 22 USC 6771.>> 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;''.

          <<NOTE: Tax and Trade Relief Extension Act of 1998. 26 USC 1
    note.>> 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''.

    [[Page 112 STAT. 2681-887]]

        (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.

    [[Page 112 STAT. 2681-888]]

                  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''.
         <<NOTE: 26 USC 41 note.>> (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''.
         <<NOTE: 26 USC 51 note.>> (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).
                 <<NOTE: 26 USC 170 note.>> (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--

    [[Page 112 STAT. 2681-889]]

                              ``(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).

    [[Page 112 STAT. 2681-890]]

                        (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)''.
                 <<NOTE: 26 USC 6104 note.>> (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

    [[Page 112 STAT. 2681-891]]

                          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

    [[Page 112 STAT. 2681-892]]

                          loss and activities of such corporation not
                          properly allocable or attributable to any
                          qualified business unit of such corporation, and
                              ``(ii) in the case of a qualified business
                          unit, only items of income, deduction, gain, or
                          loss and activities properly allocable or
                          attributable to such unit.
                ``(4) Lending or finance business.--For purposes of this
            subsection, the term `lending or finance business' means the
            business of--
                        ``(A) making loans,
                        ``(B) purchasing or discounting accounts receivable,
                    notes, or installment obligations,
                        ``(C) engaging in leasing (including entering into
                    leases and purchasing, servicing, and disposing of
                    leases and leased assets),
                        ``(D) issuing letters of credit or providing
                    guarantees,
                        ``(E) providing charge and credit card services, or
                        ``(F) rendering services or making facilities
                    available in connection with activities described in
                    subparagraphs (A) through (E) carried on by--
                              ``(i) the corporation (or qualified business
                          unit) rendering services or making facilities
                          available, or
                              ``(ii) another corporation (or qualified
                          business unit of a corporation) which is a member
                          of the same affiliated group (as defined in
                          section 1504, but determined without regard to
                          section 1504(b)(3)).
                ``(5) Other definitions.--For purposes of this subsection--
                        ``(A) Customer.--The term `customer' means, with
                    respect to any controlled foreign corporation or
                    qualified business unit, any person which has a customer
                    relationship with such corporation or unit and which is
                    acting in its capacity as such.
                        ``(B) Home country.--Except as provided in
                    regulations--
                              ``(i) Controlled foreign corporation.--The
                          term `home country' means, with respect to any
                          controlled foreign corporation, the country under
                          the laws of which the corporation was created or
                          organized.
                              ``(ii) Qualified business unit.--The term
                          `home country' means, with respect to any
                          qualified business unit, the
    country in which such unit maintains its principal office.
                        ``(C) Located.--The determination of where a
                    customer is located shall be made under rules prescribed
                    by the Secretary.
                        ``(D) Qualified business unit.--The term `qualified
                    business unit' has the meaning given such term by
                    section 989(a).
                        ``(E) Related person.--The term `related person' has
                    the meaning given such term by subsection (d)(3).
                ``(6) Coordination with exception for dealers.--Paragraph
            (1) shall not apply to income described in subsection
            (c)(2)(C)(ii) of a dealer in securities (within the meaning of
            section 475) which is an eligible controlled foreign corporation
            described in paragraph (2)(B)(iii).
                ``(7) Anti-abuse rules.--For purposes of applying this
            subsection and subsection (c)(2)(C)(ii)--

    [[Page 112 STAT. 2681-893]]

                        ``(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)).''.

    [[Page 112 STAT. 2681-894]]

                        (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)).

    [[Page 112 STAT. 2681-895]]

                              ``(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

    [[Page 112 STAT. 2681-896]]

                        ``(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) <<NOTE: Regulations.>> 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

    [[Page 112 STAT. 2681-897]]

                    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.

    [[Page 112 STAT. 2681-898]]

                ``(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 or
    branch, and which, except as provided by the Secretary, is calculated in
    the same manner as the Federal mid-term rate under section 1274(d),
    shall be substituted for the applicable Federal interest rate, and
                              ``(ii) such company or branch shall use the
                          appropriate foreign loss payment pattern.
                        ``(B) Life insurance and annuity contracts.--The
                    amount of the reserve of a qualifying insurance company
                    or qualifying insurance company branch for any life
                    insurance or annuity contract shall be equal to the
                    greater of--
                              ``(i) the net surrender value of such contract
                          (as defined in section 807(e)(1)(A)), or
                              ``(ii) the reserve determined under paragraph
                          (5).
                        ``(C) Limitation on reserves.--In no event shall the
                    reserve determined under this paragraph for any contract
                    as of any time exceed the amount which would be taken
                    into account with respect to such contract as of such
                    time in determining foreign statement reserves (less any
                    catastrophe, deficiency, equalization, or similar
                    reserves).
                ``(5) Amount of reserve.--The amount of the reserve
            determined under this paragraph with respect to any contract
            shall be determined in the same manner as it would be determined
            if the qualifying insurance company or qualifying insurance
            company branch were subject to tax under subchapter L, except
            that in applying such subchapter--
                        ``(A) the interest rate determined for the
                    functional currency of the company or branch, and which,
                    except as provided by the Secretary, is calculated in
                    the same manner as the Federal mid-term rate under
                    section 1274(d), shall be substituted for the applicable
                    Federal interest rate,
                        ``(B) the highest assumed interest rate permitted to
                    be used in determining foreign statement reserves shall

    [[Page 112 STAT. 2681-899]]

                    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:

    [[Page 112 STAT. 2681-900]]

            ``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''.
         <<NOTE: 19 USC 2465 note.>> (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--

    [[Page 112 STAT. 2681-901]]

                (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''.
         <<NOTE: 26 USC 24 note.>> (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 beginnThe applicable percentage is--
            in calendar year--
    1999 through 2001                                                    60
    2002                                                                 70
    2003 and thereafter                                               100.''

           <<NOTE: Applicability. 26 USC 162 note.>> (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)

    [[Page 112 STAT. 2681-902]]

    is amended by striking the item relating to 1998, 1999, or 2000 and
    inserting the following new items:

    ``1998                                                              105
    1999 or 2000                                                      106''.

           <<NOTE: Effective date. 26 USC 6654 note.>> (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 <<NOTE: 26 USC 1301 note.>> is amended by striking ``, and before
    January 1, 2001''.

    SEC. 2012. PRODUCTION FLEXIBILITY CONTRACT PAYMENTS.

        (a) In General.-- <<NOTE: 7 USC 7212 note.>> 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.

         <<NOTE: Applicability.>> (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

    [[Page 112 STAT. 2681-903]]

            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)).''.

         <<NOTE: Applicability. 26 USC 172 note.>> (d) Effective Date.--The
    amendments made by this section shall apply to net operating losses for
    taxable years beginning after December 31, 1997.

                      Subtitle C--Miscellaneous Provisions

    SEC. 2021. INCREASE IN VOLUME CAP ON PRIVATE ACTIVITY BONDS.

        (a) In General.--Subsection (d) of section 146 (relating to volume
    cap) is amended by striking paragraphs (1) and (2) and inserting the
    following new paragraphs:
                ``(1) In general.--The State ceiling applicable to any State
            for any calendar year shall be the greater of--
                        ``(A) an amount equal to the per capita limit for
                    such year multiplied by the State population, or
                        ``(B) the aggregate limit for such year.
            Subparagraph (B) shall not apply to any possession of the United
            States.
                ``(2) Per capita limit; aggregate limit.--For purposes of
            paragraph (1), the per capita limit, and the aggregate limit,
            for any calendar year shall be determined in accordance with the
            following table:

                  Calendar Year                        Per Capita Limit                    Aggregate Limit
    ----------------------------------------------------------------------------------------------------------------
      1999 through 2002......................                $50                            $150,000,000
      2003...................................                 55                             165,000,000
      2004...................................                 60                             180,000,000
      2005...................................                 65                             195,000,000
      2006...................................                 70                             210,000,000
      2007 and thereafter....................                 75                            225,000,000.''

         <<NOTE: 26 USC 146 note.>> (b) Effective Date.--The amendment made
    by this section shall apply to calendar years after 1998.

    SEC. 2022. <<NOTE: 26 USC 168 note.>> 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.

    [[Page 112 STAT. 2681-904]]

    SEC. 2023. <<NOTE: 42 USC 418 note.>> 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''.

         <<NOTE: 26 USC 332 note.>> (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).

    [[Page 112 STAT. 2681-905]]

    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.''.

         <<NOTE: 26 USC 4132 note.>> (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.''.

         <<NOTE: 26 USC 6213 note.>> (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,

    [[Page 112 STAT. 2681-906]]

                              ``(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.''.

         <<NOTE: 26 USC 172 note.>> (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 <<NOTE: 26 USC 1 note.>> 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 <<NOTE: 26 USC 6601 note.>> is amended
    by striking ``The amendments'' and inserting ``Subject to any applicable

    [[Page 112 STAT. 2681-907]]

    statute of limitation not having expired with regard to either a tax
    underpayment or a tax overpayment, the amendments''.

         <<NOTE: 26 USC 7443A.>> (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)''.
                 <<NOTE: 26 USC 1 note.>> (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.
            <<NOTE: Applicability.>> 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,

    [[Page 112 STAT. 2681-908]]

                        (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 <<NOTE: 26 USC 1 note.>> .--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

    [[Page 112 STAT. 2681-909]]

            defined in section 72(p)(4)) or under any contract referred to
            in section 72(p)(5)''.

         <<NOTE: 26 USC 1 note.>> (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.--
                 <<NOTE: 26 USC 7508A note.>> (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.--

    [[Page 112 STAT. 2681-910]]

                (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''.

         <<NOTE: 26 USC 833 note.>> (g) Provision Related to Section 1042 of
    1997 Act.--Rules similar to the rules of section 1.1502-75(d)(5) of the
    Treasury Regulations shall apply with respect to any organization
    described in section 1042(b) of the 1997 Act.

        (h) Amendment Related to Section 1082 of 1997 Act.--Subparagraph (F)
    of section 172(b)(1) of the 1986 Code is amended by adding at the end
    the following new clause:
                              ``(iv) Coordination with paragraph (2).--For
                          purposes of applying paragraph (2), an eligible
                          loss for any taxable year shall be treated in a
                          manner similar to the manner in which a specified
                          liability loss is treated.''

        (i) Amendment Related to Section 1084 of 1997 Act.--Paragraph (3) of
    section 264(f) of the 1986 Code is amended by adding at the end the
    following flush sentence:
            ``If the amount described in subparagraph (A) with respect to
            any policy or contract does not reasonably approximate its
            actual value, the amount taken into account under subparagraph
            (A) shall be the greater of the amount of the insurance company
            liability or the insurance company reserve with respect to such
            policy or contract (as determined for purposes of the annual
            statement approved by the National Association of Insurance
            Commissioners) or shall be such other amount as is determined by
            the Secretary.''

        (j) Amendment Related to Section 1175 of 1997 Act.--Subparagraph (C)
    of section 954(e)(2) of the 1986 Code is amended by striking
    ``subsection (h)(8)'' and inserting ``subsection (h)(9)''.
        (k) Amendment Related to Section 1205 of 1997 Act.--Paragraph (2) of
    section 6311(d) of the 1986 Code is amended by striking ``under such
    contracts'' in
    the last sentence and inserting ``under any such contract for the use of
    credit, debit, or charge cards for the payment of taxes imposed by
    subtitle A''.

        (l) Effective Date <<NOTE: 26 USC 86 note.>> .--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

    [[Page 112 STAT. 2681-911]]

            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.''

         <<NOTE: Applicability.>> (c) Effective Dates.--
                 <<NOTE: 26 USC 172 note.>> (1) The amendments made by
            subsections (a) and (b)(3) shall apply to taxable years
            beginning after December 31, 1983.
                 <<NOTE: 26 USC 67 note.>> (2) The amendment made by
            subsection (b)(1) shall apply to taxable years beginning after
            December 31, 1986.
                 <<NOTE: 26 USC 68 note.>> (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

    [[Page 112 STAT. 2681-912]]

            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.-- <<NOTE: 42 USC 401 note.>> 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)''.
                 <<NOTE: Applicability. 26 USC 6103 note.>> (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) <<NOTE: Effective date. 26 USC 9503 note.>> 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 <<NOTE: 26 USC 51 note.>> 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

    [[Page 112 STAT. 2681-913]]

            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.''.

    [[Page 112 STAT. 2681-914]]

        (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

    [[Page 112 STAT. 2681-915]]

                          `home health applicable increase percentage'
                          means, with respect to--
                                        ``(I) fiscal year 2002 or 2003, the
                                    home health market basket percentage
                                    increase (as defined in clause (iii))
                                    minus 1.1 percentage points; or
                                        ``(II) any subsequent fiscal year,
                                    the home health market basket percentage
                                    increase.''.

        (e) Exclusion of Additional Part B Costs From Determination of Part
    B Monthly Premium.--Section 1839 of such Act (42 U.S.C. 1395r) is
    amended--
                (1) in subsection (a)(3), by inserting ``(except as provided
            in subsection (g))'' after ``year that''; and
                (2) by adding at the end the following new subsection:

        ``(g) In estimating the benefits and administrative costs which will
    be payable from the Federal Supplementary Medical Insurance Trust Fund
    for a year for purposes of determining the monthly premium rate under
    subsection (a)(3), the Secretary shall exclude an estimate of any
    benefits and administrative costs attributable to the application of
    section 1861(v)(1)(L)(viii) or to the establishment under section
    1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent of the median
    (instead of 105 percent of the median), but only to the extent payment
    for home health services under this title is not being made under
    section 1895 (relating to prospective payment for home health
    services).''.

        (f) Reports on Summary of Research Conducted by the Secretary on the
    Prospective Payment System.--By not later than January 1, 1999, the
    Secretary of Health and Human Services shall submit to Congress a report
    on the following matters:
                (1) Research.--A description of any research paid for by the
            Secretary on the development of a prospective payment system for
            home health services furnished under the medicare program under
            title XVIII of the Social Security Act, and a summary of the
            results of such research.
                (2) Schedule for implementation of system.--The Secretary's
            schedule for the implementation of the prospective payment
            system for home health services under section 1895 of the Social
            Security Act (42 U.S.C. 1395fff).

        (g) MedPAC Reports.--
                (1) Review of secretary's report.--Not later than 60 days
            after the date the Secretary of Health and Human Services
            submits to Congress the report under subsection (f), the
            Medicare Payment Advisory Commission (established under section
            1805 of the Social Security Act (42 U.S.C. 1395b-6)) shall
            submit to Congress a report describing the Commission's analysis
            of the Secretary's report, and shall include the Commission's
            recommendations with respect to the matters contained in such
            report.
                (2) Annual report.--The Commission shall include in its
            annual report to Congress for June 1999 an analysis of whether
            changes in law made by the Balanced Budget Act of 1997, as
            modified by the amendments made by this section, with respect to
            payments for home health services furnished under the medicare
            program under title XVIII of the Social Security Act, impede
            access to such services by individuals entitled to benefits
            under such program.

        (h) GAO Audit of Research Expenditures.--The Comptroller General of
    the United States shall conduct an audit of sums

    [[Page 112 STAT. 2681-916]]

    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)  <<NOTE: 42 USC 1395x note.>> 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.--

    [[Page 112 STAT. 2681-917]]

                (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.''.
                 <<NOTE: 42 USC 1320a-7a note.>> (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)  <<NOTE: 42 USC 1320a-7a note.>> Effective Date.--The amendments
    made by this section shall take effect on the date of the enactment of
    this Act.

        (e) Interim <<NOTE: 42 USC 1320a-7a note.>> 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''.
         <<NOTE: 42 USC 1395b-6 note.>> (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

    [[Page 112 STAT. 2681-918]]

            the Commission provided for by the amendment under subsection
            (a) are as follows:
                        (A) One member shall be appointed for one year.
                        (B) One member shall be appointed for two years.
                (2) Commencement of terms.--Such terms shall begin on May 1,
            1999.

                           Subtitle C--Revenue Offsets

    SEC. 5301. TAX TREATMENT OF CASH OPTION FOR QUALIFIED PRIZES.

        (a) In General.--Section 451 (relating to taxable year for which
    items of gross income included) is amended by adding at the end the
    following new subsection:
        ``(h) Special Rule for Cash Options For Receipt of Qualified
    Prizes.--
                ``(1) In general.--For purposes of this title, in the case
            of an individual on the cash receipts and disbursements method
            of accounting, a qualified prize option shall be disregarded in
            determining the taxable year for which any portion of the
            qualified
    prize is properly includible in gross income of the taxpayer.
                ``(2) Qualified prize option; qualified prize.--For purposes
            of this subsection--
                        ``(A) In general.--The term `qualified prize option'
                    means an option which--
                              ``(i) entitles an individual to receive a
                          single cash payment in lieu of receiving a
                          qualified prize (or remaining portion thereof),
                          and
                              ``(ii) is exercisable not later than 60 days
                          after such individual becomes entitled to the
                          qualified prize.
                        ``(B) Qualified prize.--The term `qualified prize'
                    means any prize or award which--
                              ``(i) is awarded as a part of a contest,
                          lottery, jackpot, game, or other similar
                          arrangement,
                              ``(ii) does not relate to any past services
                          performed by the recipient and does not require
                          the recipient to perform any substantial future
                          service, and
                              ``(iii) is payable over a period of at least
                          10 years.
                ``(3) Partnership, etc.--The Secretary shall provide for the
            application of this subsection in the case of a partnership or
            other pass-through entity consisting entirely of individuals
            described in paragraph (1).''

         <<NOTE: Applicability. 26 USC 451 note.>> (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.

    [[Page 112 STAT. 2681-919]]

                       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''.

        Approved October 21, 1998.

    LEGISLATIVE HISTORY--H.R. 4328 (S. 2307):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 105-648 (Comm. on Appropriations) and 105-825 (Comm.
    of Conference).
    SENATE REPORTS: No. 105-249 accompanying S. 2307 (Comm. on
    Appropriations).
    CONGRESSIONAL RECORD, Vol. 144 (1998):
                July 29, considered and passed House.
                July 30, considered and passed Senate, amended, in lieu of
                    S. 2307.
                Oct. 20, House agreed to conference report.
                Oct. 21, Senate agreed to conference report.

                                      <all>