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.
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*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
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
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.
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 of Public Law 97-98: Provided, That for fiscal year 1999 and thereafter, funds transferred to the Office of the Inspector General through forfeiture proceedings or from the Department of Justice Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as an equitable share from the forfeiture of property in investigations in which the Office of the Inspector General participates, or through the granting of a Petition for Remission or Mitigation, shall be deposited to the credit of this account for law enforcement activities authorized under the Inspector General Act of 1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel, $29,194,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under Secretary for Research, Education and Economics to administer the laws enacted by the Congress for the Economic Research Service, the National Agricultural Statistics Service, the Agricultural Research Service, and the Cooperative State Research, Education, and Extension Service, $540,000.
Economic Research Service
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: Provided further, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $250,000, except for headhouses or greenhouses which shall each be limited to $1,000,000, and except for ten buildings to be constructed or improved at a cost not to exceed $500,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $250,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center, including an easement to the University of Maryland to construct the Transgenic Animal Facility which upon completion shall be accepted by the Secretary as a gift: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law.
None of the funds in the foregoing paragraph shall be available to carry out research related to the production, processing or marketing of tobacco or tobacco products. In fiscal year 1999, the agency is authorized to charge fees, commensurate with the fair market value, for any permit, easement, lease, or other special use authorization for the occupancy or use of land and facilities (including land and facilities at the Beltsville Agricultural Research Center) issued by the agency, as authorized by law, and such fees shall be credited to this account and shall remain available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $56,437,000, to remain available until expended (7 U.S.C. 2209b): Provided, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing any research facility of the Agricultural Research Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, including $180,545,000 to carry into effect the provisions of the Hatch Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry research (16 U.S.C. 582a-a7); $29,676,000 for
payments to the 1890 land-grant colleges, including Tuskegee University (7 U.S.C. 3222); $63,116,000 for special grants for agricultural research (7 U.S.C. 450i(c)); $15,048,000 for special grants for agricultural research on improved pest control (7 U.S.C. 450i(c)); $119,300,000 for competitive research grants (7 U.S.C. 450i(b)); $5,109,000 for the support of animal health and disease programs (7 U.S.C. 3195); $750,000 for supplemental and alternative crops and products (7 U.S.C. 3319d); $600,000 for grants for research pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), to remain available until expended; $3,000,000 for higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), to remain available until expended (7 U.S.C. 2209b); $4,350,000 for higher education challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), to remain available until expended (7 U.S.C. 2209b); $2,850,000 for an education grants program for Hispanic-serving Institutions (7 U.S.C. 3241); $500,000 for a secondary agriculture education program and two- year postsecondary education (7 U.S.C. 3152 (h)); $4,000,000 for aquaculture grants (7 U.S.C. 3322); $8,000,000 for sustainable agriculture research and education (7 U.S.C. 5811); $9,200,000 for a program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee University, to remain available until expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103-382; and $10,688,000 for necessary expenses of Research and Education Activities, of which not to exceed $100,000 shall be for employment under 5 U.S.C. 3109; in all, $481,216,000. None of the funds in the foregoing paragraph shall be available to carry out research related to the production, processing or marketing of tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions endowment fund, as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For payments for cooperative extension work under the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of said Act, and under section 208(c) of Public Law 93-471, for retirement and employees' compensation costs for extension agents and for costs of penalty mail for cooperative extension agents and State extension directors, $276,548,000; payments for extension work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $2,060,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $58,695,000; payments for the pest management program under section 3(d) of the Act, $10,783,000; payments for the farm safety program under section 3(d) of the Act, $3,000,000; payments for the pesticide impact assessment program under section 3(d) of the Act, $3,214,000; payments to upgrade research, extension, and
teaching facilities at the 1890 land-grant colleges, including Tuskegee University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $8,426,000, to remain available until expended; payments for the rural development centers under section 3(d) of the Act, $908,000; payments for a groundwater quality program under section 3(d) of the Act, $9,561,000; payments for youth-at-risk programs under section 3(d) of the Act, $9,000,000; payments for a food safety program under section 3(d) of the Act, $7,365,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978, $3,192,000; payments for Indian reservation agents under section 3(d) of the Act, $1,714,000; payments for sustainable agriculture programs under section 3(d) of the Act, $3,309,000; payments for rural health and safety education as authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for cooperative extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321- 326 and 328) and Tuskegee University, $25,843,000; and for Federal administration and coordination including administration of the Smith- Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possessions, $11,741,000; in all, $437,987,000: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of the Act of June 23, 1972, shall not be paid to any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands, Micronesia, Northern Marianas, and American Samoa prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Assistant Secretary for Marketing and Regulatory Programs to administer programs under the laws enacted by the Congress for the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, and the Grain Inspection, Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; to discharge the authorities of the Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the environment, as authorized by law, $425,803,000, of which $4,105,000 shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to the extent necessary to meet emergency conditions: Provided, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with the Act of February 28, 1947, and section 102 of the Act of September 21, 1944, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.
In fiscal year 1999, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Of the total amount available under this heading in fiscal year 1999, $88,000,000 shall be derived from user fees deposited in the Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a, $7,700,000, to remain available until expended.
Agricultural Marketing Service
For necessary expenses to carry on services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for administration and coordination of payments to States, including field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $90,000
for employment under 5 U.S.C. 3109, $48,831,000, including funds for the wholesale market development program for the design and development of wholesale and farmer market facilities for the major metropolitan areas of the country: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701).
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.
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
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
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.
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).
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.
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
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
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''.
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
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.
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
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.
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
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
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
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
Title VIII—AGRICULTURAL CREDIT
Title X—UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY
Title II of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is amended-- (1) in section 218(a)-- (A) in paragraph (1) by adding ``and'' at the end; (B) in paragraph (2) by striking ``; and'' and inserting a period; and (C) by striking paragraph (3); (2) by redesignating subtitle I as subtitle J; (3) by inserting after subtitle H the following:
``Subtitle I--Marketing and Regulatory Programs
``SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY PROGRAMS.
``(a) Authorization.--The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs.
``(b) Confirmation Required.--If the Secretary establishes the position of Under Secretary of Agriculture for Marketing and Regulatory Programs authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. ``(c) Functions of Under Secretary.-- ``(1) Principal functions.--Upon establishment, the Secretary shall delegate to the Under Secretary of Agriculture for Marketing and Regulatory Programs those functions and duties under the jurisdiction of the Department that are related to agricultural marketing, animal and plant health inspection, grain inspection, and packers and stockyards. ``(2) Additional functions.--The Under Secretary of Agriculture for Marketing and Regulatory Programs shall perform such other functions and duties as may be required by law or prescribed by the Secretary.
``(d) Succession.--Any official who is serving as Assistant Secretary of Agriculture for Marketing and Regulatory Programs on the date of the enactment of this section and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a) if the Secretary establishes the position, and the official occupies the new position, within 180 days after the date of enactment of this section
(or such later date set by the Secretary if litigation delays rapid succession). ``(e) Executive Schedule.--Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Under Secretary of Agriculture for Food Safety (as added by section 261(c)) the following: `Under Secretary of Agriculture for Marketing and Regulatory Programs.'.''; and (4) in section 296(b)-- (A) in paragraph (2), by striking ``or''; (B) in paragraph (3), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(4) the authority of the Secretary to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs under section 285.''.
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.
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
(a) Fair and Equitable Distribution.--Assistance made available under this subtitle shall be distributed in a fair and equitable manner to producers who have incurred crop and livestock feed losses in all affected geographic regions of the United States. (b) Program Administration.--In carrying out this subtitle, the Secretary of Agriculture (referred to in this title as the ``Secretary'') may determine-- (1) 1 or more loss thresholds producers on a farm must incur with respect to a crop to be eligible for assistance; (2) the payment rate for crop and livestock feed losses incurred; and (3) eligibility and payment limitation criteria (as defined by the Secretary) for persons to receive assistance under this subtitle, which, in the case of assistance received under any section of this subtitle, shall be in addition to-- (A) assistance made available under any other section of this subtitle and subtitle B; (B) payments or loans received by a person under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.); (C) payments received by a person for the 1998 crop under the noninsured crop assistance program established under section 196 of that Act (7 U.S.C. 7333);
(D) crop insurance indemnities provided for the 1998 crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (E) emergency loans made available for the 1998 crop under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.).
(a) In General.--The Secretary shall administer a program under which emergency financial assistance is made available to producers on a farm who have incurred losses associated with crops due to disasters (as determined by the Secretary). (b) Losses Incurred for 1998 Crop.--Subject to section 1132, the Secretary shall use not more than $1,500,000,000 to make available assistance to producers on a farm who have incurred losses in the 1998 crop due to disasters. (c) Multiyear Losses.--Subject to section 1132, the Secretary shall use not more than $875,000,000 to make available assistance to producers on a farm who have incurred multiyear losses (as defined by the Secretary) in the 1998 and preceding crops of a commodity due to disasters (including, but not limited to, diseases such as scab). (d) Relationship Between Assistance.--The Secretary shall make assistance available to producers on a farm under either subsection (b) or (c). (e) Qualifying Losses.--Assistance under this section may be made for losses associated with crops that are due to, as determined by the Secretary-- (1) quantity losses; (2) quality (including, but not limited to, aflatoxin) losses; or (3) severe economic losses due to damaging weather or related condition.
(f) Crops Covered.--Assistance under this section shall be applicable to losses for all crops (including losses of trees from which a crop is harvested), as determined by the Secretary, due to disasters.
(g) Crop Insurance.-- (1) Administration.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm who have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (2) Encouraging future crop insurance participation.-- Subject to section 1132, the Secretary, acting through the Federal Crop Insurance Corporation, may use the funds made available under subsections (b) and (c), and only those funds, to provide premium refunds or other assistance to purchasers of crop insurance for their 1998 insured crops, or their preceding (including 1998) insured crops. (3) Producers who have not purchased crop insurance for 1998 crop.--As a condition of receiving assistance under this section, producers on a farm who have not purchased crop insurance for the 1998 crop under that Act shall agree by contract to purchase crop insurance for the 1999 and 2000 crops produced by the producers. (4) Liquidated damages.--
(A) In general.--The contract under paragraph (3) shall provide for liquidated damages to be paid by the producers due to the failure of the producers to purchase crop insurance as provided in paragraph (3). (B) Notice of damages.--The amount of the liquidated damages shall be established by the Secretary and specified in the contract agreed to by the producers. (5) Funding for crop insurance purchase requirement.-- Subject to section 1132, such sums as may be necessary, to remain available until expended, shall be available to the Federal Crop Insurance Corporation to cover costs incurred by the Corporation as a result of the crop insurance purchase requirement of paragraph (3). Funds made available under subsections (b) and (c) may not be used to cover such costs.
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
(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
PRODUCERS.
(a) Federal Contribution.--Subject to subsection (b), the Secretary of Agriculture shall pay $5,000,000 to the State of Georgia to help fund an indemnity fund, to be established and managed by that State, to compensate cotton producers in that State for losses incurred in 1998 or 1999 from the loss of properly stored, harvested cotton as the result of the bankruptcy of a warehouseman or other party in possession of warehouse receipts evidencing title
to the commodity, an improper conversion or transfer of the cotton, or such other potential hazards as determined appropriate by the State. (b) Conditions on Payment to State.--The Secretary of Agriculture shall make the payment to the State of Georgia under subsection (a) only if the State also contributes $5,000,000 to the indemnity fund and agrees to expend all amounts in the indemnity fund by not later than January 1, 2000, to provide compensation to cotton producers as provided in such subsection. If the State of Georgia fails to make its contribution of $5,000,000 to the indemnity fund by July 1, 1999, the funds that would otherwise be paid to the State shall be available to the Secretary for the purpose of providing partial compensation to cotton producers as provided in such subsection. (c) Reporting Requirements.--Upon the establishment of the indemnity fund, and not later than October 1, 1999, the State of Georgia shall submit a report to the Secretary of Agriculture and the Congress describing the State's efforts to use the indemnity fund to provide compensation to injured cotton producers.
(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.
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.
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.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended--
(1) in subsection (f)(3), by inserting after ``$30,000,000'' the following: ``(or, in the case of fiscal year 1999, $35,000,000)''; (2) in subsection (l)(1), by inserting after ``$10,000,000'' the following: ``(or, in the case of fiscal year 1999, $12,000,000)''; (3) by redesignating subsection (n) as subsection (o); and (4) by inserting after subsection (m) the following:
``(n) During fiscal year 1999, to the maximum extent practicable, the Secretary shall utilize Private Voluntary Organizations to carry out this section.''.
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).''.
(a) Domestic Market Reporting Pilot Program.--Title IV of the Packers and Stockyards Act is amended to include the following new section:
``SEC. 416. MANDATORY DOMESTIC REPORTING PILOT INVESTIGATION.
``(1) In General.--The Secretary of Agriculture shall conduct a twelve month pilot investigation, beginning upon the date of implementation of such pilot, under which the Secretary shall require any person or class of persons engaged in the business of buying, selling, or marketing domestic or imported cattle for immediate slaughter and fresh muscle cuts of beef, or domestic or imported sheep and fresh or frozen muscle cuts of lamb, to report to the Secretary, in the least intrusive manner possible, information relating to prices for the procurement of these items. ``(2) Application.--This section shall only apply to a person that is engaged in the business of buying, selling, or marketing a significant share of the national market, as determined by the Secretary, of the total volume of domestic or imported cattle for immediate slaughter and fresh muscle cuts of beef, or domestic or imported sheep and fresh or frozen muscle cuts of lamb, bought, sold, or marketed in the United States. ``(3) Report.--Not later than six months after the conclusion of the mandatory domestic reporting pilot investigation, the Secretary of Agriculture shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate on the effectiveness of the pilot investigation. No information collected under the pilot investigation may be disclosed until the report is submitted.''. (b) Export Market Reporting Pilot Investigation.-- (1) In general.--The Secretary shall implement a twelve month pilot investigation, beginning on the date of implementation, of a streamlined electronic system for collecting export data, in the least intrusive manner possible, for fresh or frozen muscle cuts of meat food products, and develop a data-reporting program to disseminate summary information in a timely manner, not to exceed two weeks after issuance. (2) Report.--Not later than six months after the conclusion of the mandatory export reporting pilot investigation, the Secretary of Agriculture shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the effectiveness of the pilot investigation.
(c) Funding.--An amount of $250,000 is hereby appropriated to carry out this section of the Act.
Subtitle D--Administration
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.
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.
(a) Issuance of Regulations.--As soon as practicable after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall issue such regulations as are necessary to implement subtitles A, B, and C of this title. The issuance of the regulations shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.
Title XII—BIODIESEL
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42 U.S.C. 13211-13219) is amended by adding at the end the following new section:
``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.-- ``(1) In general.--The Secretary shall allocate one credit under this section to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at least 20 percent biodiesel by volume purchased after the date of the enactment of this section for use by the fleet or covered person in vehicles owned or operated by the fleet or covered person that weigh more than 8,500 pounds gross vehicle weight rating. ``(2) Exceptions.--No credits shall be allocated under paragraph (1) for a purchase of biodiesel-- ``(A) for use in alternative fueled vehicles; or ``(B) that is required by Federal or State law. ``(3) Authority to modify percentage.--The Secretary may, by rule, lower the 20 percent biodiesel volume requirement in paragraph (1) for reasons related to cold start, safety, or vehicle function considerations. ``(4) Documentation.--A fleet or covered person seeking a credit under this section shall provide written documentation to the Secretary supporting the allocation of a credit to such fleet or covered person under paragraph (1).
``(b) Use of Credits.-- ``(1) In general.--At the request of a fleet or covered person allocated a credit under subsection (a), the Secretary shall, for the year in which the purchase of a qualifying volume is made, treat that purchase as the acquisition of one alternative fueled vehicle the fleet or covered person is required to acquire under this title, title IV, or title V. ``(2) Limitation.--Credits allocated under subsection (a) may not be used to satisfy more than 50 percent of the alternative fueled vehicle requirements of a fleet or covered person under this title, title IV, and title V. This paragraph shall not apply to a fleet or covered person that is a biodiesel alternative fuel provider described in section 501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section shall not be considered a credit under section 508. ``(d) Issuance of Rule.--The Secretary shall, before January 1, 1999, issue a rule establishing procedures for the implementation of this section. ``(e) Collection of Data.--The Secretary shall collect such data as are required to make a determination described in subsection (f)(2)(B). ``(f) Definitions.--For purposes of this section-- ``(1) the term `biodiesel' means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act; and ``(2) the term `qualifying volume' means--
``(A) 450 gallons; or ``(B) if the Secretary determines by rule that the average annual alternative fuel use in light duty vehicles by fleets and covered persons exceeds 450 gallons or gallon equivalents, the amount of such average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the Energy Policy Act of 1992 is amended by adding at the end of the items relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''.
Title XIII—EMERGENCY APPROPRIATIONS
Title I—DEPARTMENT OF JUSTICE
Title III—THE
Title V—RELATED AGENCIES
Title VI—GENERAL PROVISIONS
Title VII—RESCISSIONS
(a) In General.--Chapter 31 of title 28, United States Code, is amended by adding at the end the following:
``Sec. 530B. Ethical standards for attorneys for the Government
``(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney's duties, to the same extent and in the same manner as other attorneys in that State. ``(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section. ``(c) As used in this section, the term `attorney for the Government' includes any attorney described in section 77.2(a) of part
77 of title 28 of the Code of Federal Regulations and also includes any independent counsel, or employee of such a counsel, appointed under chapter 40.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of title 28, United States Code, is amended by adding at the end the following new item:
``530B. Ethical standards for attorneys for the Government.''.
(c) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act and shall apply during that portion of fiscal year 1999 that follows that taking effect, and in each succeeding fiscal year.
<<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,
has research and regulatory responsibility for the conservation of whales under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and (B) the heads of other Federal agencies and the Marine Mammal Commission established under section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) have related research and management activities under the Marine Mammal Protection Act of 1972 or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (8) the funding available for the activities described in paragraph (8) is insufficient to support all necessary whale conservation and recovery activities; and (9) there is a need to facilitate the use of funds from non- Federal sources to carry out the conservation of whales.
Sec. 903. National Whale Conservation Fund. Section 4 of the National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended by adding at the end the following: ``(f)(1) In carrying out the purposes under section 2(b), the Foundation may establish a national whale conservation endowment fund, to be used by the Foundation to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in waters of the United States. ``(2)(A) In a manner consistent with subsection (c)(1), the Foundation may-- ``(i) accept, receive, solicit, hold, administer, and use any gift, devise, or bequest made to the Foundation for the express purpose of supporting whale conservation; and ``(ii) deposit in the endowment fund under paragraph (1) any funds made available to the Foundation under this subparagraph, including any income or interest earned from a gift, devise, or bequest received by the Foundation under this subparagraph.
``(B) To raise funds to be deposited in the endowment fund under paragraph (1), the Foundation may enter into appropriate arrangements to provide for the design, copyright, production, marketing, or licensing, of logos, seals, decals, stamps, or any other item that the Foundation determines to be appropriate. ``(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in the endowment fund under paragraph (1) any amount (or portion thereof) received by the Secretary under section 105(a)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the Secretary under that section. ``(ii) The Directors of the Board shall ensure that any amounts transferred to the Foundation under clause (i) for the endowment fund under paragraph (1) are deposited in that fund in accordance with this subparagraph.
``(3) It is the intent of Congress that in making expenditures from the endowment fund under paragraph (1) to carry out activities specified in that paragraph, the Foundation should give priority to funding projects that address the conservation of populations of whales that the Foundation determines-- ``(A) are the most endangered (including the northern right whale (Eubaleana glacialis)); or
``(B) most warrant, and are most likely to benefit from, research 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.
Nation's Capital Infrastructure Fund
For a Federal contribution to the District of Columbia towards the costs of infrastructure needs, which shall be deposited into an escrow account of the District of Columbia Financial Responsibility and Management Assistance Authority and disbursed by the Authority from such account for the repair and maintenance of public safety facilities in the District of Columbia, $18,778,000, to remain available until expended.
Environmental Study and Related Activities at Lorton Correctional Complex
For a Federal contribution for an environmental study and related activities at the property on which the Lorton Correctional Complex is located, to be transferred to the Federal agency with authority over the Complex, $7,000,000, to remain available until expended.
Federal Payment to the District of Columbia Corrections Trustee Operations
For payment to the District of Columbia Corrections Trustee, $184,800,000 for the administration and operation of correctional facilities and for the administrative operating costs of the Office of the Corrections Trustee, as authorized by section 11202 of the National Capital Revitalization and Self-Government Improvement Act of 1997, Public Law 105-33; of which $177,385,000 shall be available for expenses incurred in connection with the housing, in both private, District of Columbia and Federal facilities, of the sentenced adult felon population of the District of Columbia; $4,225,000 shall be available for personnel initiatives in the District of Columbia Department of Corrections; $750,000 shall be available for a system of internal controls and audits within the Department of Corrections; and $2,440,000 shall be available for administrative expenses: Provided, That, notwithstanding any other provision of law, and consistent with regulations and guidance governing the use of Federal funds by grantees, funds appropriated in this Act for the District of Columbia Corrections Trustee shall be transferred by the Secretary of the Treasury to said Trustee only as funds are needed to pay properly incurred obligations.
Federal Payment to the District of Columbia Courts
Notwithstanding any other provision of law, $128,000,000 for payment to the Joint Committee on Judicial Administration in the District of Columbia; of which not to exceed $121,000,000 shall be for District of Columbia Courts operation, to be allocated as follows: for the District of Columbia Court of Appeals, $7,839,000 and 96 full-time equivalent (FTE) positions; for the District of Columbia Superior Court, $72,419,000 and 1,017 FTE's; for the District of Columbia court system, $40,742,000 and 120 FTE's; and $7,000,000 shall be for capital improvements for District of Columbia courthouse facilities: Provided, That of amounts available for District of Columbia Courts operation, not to exceed $6,900,000 shall be for the Counsel for Child Abuse and Neglect program pursuant to section 1101 of title 11, D.C. Code, and section 2304 of title 16, D.C. Code, and of which not to exceed $25,036,000
shall be to carry out sections 2602 and 2604 of title 11, D.C. Code, relating to representation of indigents in criminal cases under the Criminal Justice Act, in total, $31,936,000: Provided further, That subject to normal reprogramming requirements contained in section 116 of this Act, this $31,936,000 may be used for other purposes under this heading: Provided further, That all amounts under this heading shall be paid quarterly by the Treasury of the United States based on quarterly apportionments approved by the Office of Management and Budget, with payroll and financial services to be provided on a contractual basis with the General Services Administration [GSA], said services to include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight of the House of Representatives.
Federal Payment to the District of Columbia Offender Supervision, Defender, and Court Services Agency
For payment to the District of Columbia Offender Supervision, Defender, and Court Services Agency, $59,400,000, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, Public Law 105-33; of which $33,802,000 shall be for necessary expenses of Parole Revocation, Adult Probation and Offender Supervision, to include expenses relating to supervision of adults subject to protection orders or provision of services for or related to such persons; $14,486,000 shall be available to the Public Defender Service; and $11,112,000 shall be available to the Pretrial Services Agency: Provided, That, notwithstanding any other provision of law, and consistent with regulations and guidance governing the use of Federal funds by grantees, funds appropriated in this Act for the District of Columbia Offender Trustee shall be transferred by the Secretary of the Treasury to said Trustee only as funds are needed to pay properly incurred obligations.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,200,000, for the administration and operating costs of the Citizen Complaint Review Office.
Federal Payment for Fire Department
For payment to the Fire Department, $3,240,000, for a 5.5 percent pay increase to be effective and paid to firefighters beginning October 1, 1998.
Federal Payment to the Georgetown Waterfront Park Fund
For payment to the Georgetown Waterfront Park Fund, $1,000,000 for the construction and landscaping of Georgetown Waterfront Park, property described on the District of Columbia Surveyor's Plat Number S.O. 84- 230: Provided, That the Georgetown Waterfront Park Fund provide an amount equal to one dollar
for every dollar expended, in cash or in kind, to carry out the activities supported by the grant.
Federal Payment to Historical Society for City Museum
For a Federal payment to the Historical Society of Washington, D.C., for the establishment and operation of a Museum of the City of Washington, D.C. at the Carnegie Library at Mount Vernon Square, $2,000,000, to remain available until expended, to be deposited in a separate account of the Society used exclusively for the establishment and operation of such Museum: Provided, That the Secretary of the Treasury shall make such payment in quarterly installments, and the amount of the installment for a quarter shall be equal to the amount of matching funds that the Society has deposited into such account for the quarter (as certified by the Inspector General of the District of Columbia): Provided further, That notwithstanding any other provision of law, not later than January 1, 1999, the District of Columbia shall enter into an agreement with the Society under which the District of Columbia shall lease the Carnegie Library at Mount Vernon Square to the Society beginning on such date for 99 years at a rent of $1 per year for use as a city museum.
Federal Payment for a National Museum of American Music and for Downtown Revitalization
For a Federal contribution to the District of Columbia to establish a National Museum of American Music and for downtown revitalization, $700,000 which shall be deposited into an escrow account held by the District of Columbia Financial Responsibility and Management Assistance Authority, to remain available until expended: Provided, That $300,000 shall be available from this appropriation for the Federal City Council to conduct a needs and design study for a National Museum of American Music: Provided further, That $300,000 shall be available from this appropriation for the Washington Center Alliance to further and promote the objectives of the Interactive Downtown Task Force: Provided further, That $100,000 shall be paid to Save New York Avenue, Inc., for the further improvement of that portion of New York Avenue designated as the Capital Gateway Corridor.
United States Park Police
For a Federal payment to the United States Park Police, $8,500,000, to acquire, modify and operate a helicopter and to make necessary capital expenditures to the Park Police aviation unit base: Provided, That the Chief of the United States Park Police shall provide quarterly financial reports during fiscal year 1999 on the expenditure of said funds to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight of the House of Representatives.
Federal Payment for Waterfront Improvements
For a Federal payment to the District of Columbia Department of Housing and Community Development for a study in consultation
with the United States Army Corps of Engineers of necessary improvements to the Southwest Waterfront in the District of Columbia (including upgrading marina dock pilings and paving and restoring walkways in the marina and fish market areas) for the portions of Federal property in the Southwest quadrant of the District of Columbia within Lots 847 and 848, a portion of Lot 846, and the unassessed Federal real property adjacent to Lot 848 in Square 473, and for carrying out the improvements recommended by the study, $3,000,000: Provided, That no portion of such funds shall be available to the District of Columbia unless the District of Columbia executes a 30-year lease with the existing lessees, or with their successors in interest, of such portions of property not later than 30 days after the existing lessees or their successors in interest have submitted to the District of Columbia acceptable plans for improvements and private financing: Provided further, That the District of Columbia shall report its progress on this project on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate.
Federal Payment for Mentoring Services
For a Federal payment to the International Youth Service and Development Corps, Inc. for a mentoring program for at-risk children in the District of Columbia, $200,000: Provided, That the International Youth Service and Development Corps, Inc. shall submit to the Committees on Appropriations of the House of Representatives and the Senate an annual report due November 30, 1999, on the activities carried out with such funds.
Federal Payment for Hotline Services
For a Federal payment to the International Youth Service and Development Corps, Inc. for the operation of a resource hotline for low- income individuals in the District of Columbia, $50,000: Provided, That the International Youth Service and Development Corps, Inc. shall submit to the Committees on Appropriations of the House of Representatives and the Senate an annual report due November 30, 1999, on the activities carried out with such funds.
Federal Payment for Public Education
For a Federal contribution to the public education system for public charter schools, $15,622,000.
Federal Payment for Medicare Coordinated Care Demonstration Project in the District of Columbia
For payment to the District of Columbia Financial Responsibility and Management Assistance Authority, $3,000,000 for the continued funding of a Medicare Coordinated Care Demonstration Project in the District of Columbia as specified in section 4016(b)(2)(C) of the Balanced Budget Act of 1997.
Federal Payment for Children's National Medical Center
For a Federal contribution to the Children's National Medical Center in the District of Columbia, $1,000,000 for construction,
renovation, and information technology infrastructure costs associated with establishing community pediatric health clinics for high risk children in medically underserved areas of the District of Columbia.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $164,144,000 (including $136,485,000 from local funds, $13,955,000 from Federal funds, and $13,704,000 from other funds): Provided, That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, and $2,500 for the Chief Management Officer shall be available from this appropriation for official purposes: Provided further, That any program fees collected from the issuance of debt shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission: Provided further, That the District of Columbia shall identify the sources of funding for Admission to Statehood from its own locally-generated revenues: Provided further, That all employees permanently assigned to work in the Office of the Mayor shall be paid from funds allocated to the Office of the Mayor.
Economic Development and Regulation
Economic development and regulation, $159,039,000 (including $45,162,000 from local funds, $83,365,000 from Federal funds, and $30,512,000 from other funds), of which $12,000,000 collected by the District of Columbia in the form of BID tax revenue shall be paid to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23): Provided, That such funds are available for acquiring services provided by the General Services Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135 passenger-carrying vehicles for replacement only, including 130 for police-type use and five for fire-type use, without regard to the general purchase price limitation for the current fiscal year, $755,786,000 (including $530,945,000 from local funds, $30,327,000 from Federal funds, and $194,514,000 from other funds): Provided,
That the Metropolitan Police Department is authorized to replace not to exceed 25 passenger-carrying vehicles and the Department of Fire and Emergency Medical Services of the District of Columbia is authorized to replace not to exceed five passenger-carrying vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replacement: Provided further, That not to exceed $500,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further, That the Metropolitan Police Department shall provide quarterly reports to the Committees on Appropriations of the House and Senate on efforts to increase efficiency and improve the professionalism in the department: Provided further, That notwithstanding any other provision of law, or Mayor's Order 86-45, issued March 18, 1986, the Metropolitan Police Department's delegated small purchase authority shall be $500,000: Provided further, That the District of Columbia government may not require the Metropolitan Police Department to submit to any other procurement review process, or to obtain the approval of or be restricted in any manner by any official or employee of the District of Columbia government, for purchases that do not exceed $500,000: Provided further, That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred in connection with services that are performed in emergencies by the National Guard in a militia status and are requested by the Mayor, in amounts that shall be jointly determined and certified as due and payable for these services by the Mayor and the Commanding General of the District of Columbia National Guard: Provided further, That such sums as may be necessary for reimbursement to the District of Columbia National Guard under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as constituting payment in advance for emergency services involved: Provided further, That the Metropolitan Police Department is authorized to maintain 3,800 sworn officers, with leave for a 50 officer attrition: Provided further, That no more than 15 members of the Metropolitan Police Department shall be detailed or assigned to the Executive Protection Unit, until the Chief of Police submits a recommendation to the Council for its review: Provided further, That $100,000 shall be available for inmates released on medical and geriatric parole: Provided further, That commencing on December 31, 1998, the Metropolitan Police Department shall provide to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight of the House of Representatives, quarterly reports on the status of crime reduction in each of the 83 police service areas established throughout the District of Columbia: Provided further, That funds appropriated for expenses under the District of Columbia Criminal Justice Act, approved September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et seq.), for the fiscal year ending September 30, 1999, shall be available for obligations incurred under the Act in each fiscal year since inception in the fiscal year 1975: Provided further, That funds appropriated for expenses under the District of Columbia Neglect Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5- 129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30, 1999, shall be available for obligations incurred under the Act in each fiscal year
since inception in the fiscal year 1985: Provided further, That funds appropriated for expenses under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986, effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060), for the fiscal year ending September 30, 1999, shall be available for obligations incurred under the Act in each fiscal year since inception in fiscal year 1989.
Public Education System
Public education system, including the development of national defense education programs, $788,956,000 (including $640,135,000 from local funds, $125,869,000 from Federal funds, and $22,952,000 from other funds), to be allocated as follows: $644,805,000 (including $545,000,000 from local funds, $95,121,000 from Federal funds, and $4,684,000 from other funds), for the public schools of the District of Columbia; $18,600,000 from local funds for the District of Columbia Teachers' Retirement Fund; $27,857,000 (including $12,235,000 from local funds and $15,622,000 from Federal funds not including funds already made available for District of Columbia public schools) for public charter schools: Provided, That if the entirety of this allocation has not been provided as payments to any public charter schools currently in operation through the per pupil funding formula, the funds shall be available for new public charter schools on a per pupil basis: Provided further, That $480,000 of this amount shall be available to the District of Columbia Public Charter School Board for administrative costs: Provided further, That the Emergency Transitional Education Board of Trustees shall report to Congress not later than February 1, 1999, on the implementation of their policy to give preference to newly created District of Columbia public charter schools for surplus public school property; $72,088,000 (including $40,148,000 from local funds, $14,079,000 from Federal funds, and $17,861,000 from other funds) for the University of the District of Columbia; $23,419,000 (including $22,326,000 from local funds, $686,000 from Federal funds, and $407,000 from other funds) for the Public Library; $2,187,000 (including $1,826,000 from local funds and $361,000 from Federal funds) for the Commission on the Arts and Humanities: Provided further, That the public schools of the District of Columbia are authorized to accept not to exceed 31 motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $2,500 for the Superintendent of Schools, $2,500 for the President of the University of the District of Columbia, and $2,000 for the Public Librarian shall be available from this appropriation for official purposes: Provided further, That $244,078 shall be used to reimburse the National Capital Area Council of the Boy Scouts of America for services provided on behalf of 12,600 students at 39 public schools in the District of Columbia during fiscal year 1998 (including staff, curriculum, and support materials): Provided further, That the Inspector General of the District of Columbia shall certify not later than 30 days after the date of the enactment of this Act whether or not the services were so provided: Provided further, That the reimbursement shall be made not later than 15 days after the Inspector General certifies that the services were provided: Provided further, That none of the funds contained in this Act may be made available to pay the salaries of any District of Columbia Public School teacher, principal,
administrator, official, or employee who knowingly provides false enrollment or attendance information under article II, section 5 of the Act entitled ``An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes'', approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.): Provided further, That this appropriation shall not be available to subsidize the education of any nonresident of the District of Columbia at any District of Columbia public elementary or secondary school during fiscal year 1999 unless the nonresident pays tuition to the District of Columbia at a rate that covers 100 percent of the costs incurred by the District of Columbia which are attributable to the education of the nonresident (as established by the Superintendent of the District of Columbia Public Schools): Provided further, That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts, for the fiscal year ending September 30, 1999, a tuition rate schedule that will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area.
Human Support Services
Human support services, $1,514,751,000 (including $614,679,000 from local funds, $886,682,000 from Federal funds, and $13,390,000 from other funds): Provided, That $21,089,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees' disability compensation: Provided further, That a peer review committee shall be established to review medical payments and the type of service received by a disability compensation claimant: Provided further, That the District of Columbia shall not provide free government services such as water, sewer, solid waste disposal or collection, utilities, maintenance, repairs, or similar services to any legally constituted private nonprofit organization, as defined in section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency shelter services in the District, if the District would not be qualified to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle for use by the Mayor and three passenger-carrying vehicles for use by the Council of the District of Columbia and leasing of passenger-carrying vehicles, $266,912,000 (including $257,242,000 from local funds, $3,216,000 from Federal funds, and $6,454,000 from other funds): Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise Fund, $5,400,000 from local funds.
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in compliance with the Act entitled ``An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia'', approved August 7, 1946 (60 Stat. 896; Public Law 79-648); section 1 of the Act entitled ``An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City'', approved June 6, 1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-219); section 4 of the Act entitled ``An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system'', approved June 12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 743(f) of the District of Columbia Home Rule Act, approved December 24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131; D.C. Code, sec. 9-219, note), including interest as required thereby, $382,170,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund accumulated deficit as of September 30, 1990, $38,453,000 from local funds, as authorized by section 461(a) of the District of Columbia Home Rule Act, approved December 24, 1973, as amended (105 Stat. 540; Public Law 102-106; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $11,000,000 from local funds.
Certificates of Participation
For lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square, $7,926,000 from local funds.
Human Resources Development
For human resources development, including costs of increased employee training, administrative reforms, and an executive compensation system, $6,674,000 from local funds.
Productivity Savings
The Chief Financial Officer of the District of Columbia shall, under the direction of the District of Columbia Financial Responsibility and Management Assistance Authority, make reductions of $10,000,000 in local funds to one or more of the appropriation headings in this Act for productivity savings.
Receivership Programs
For all agencies of the District of Columbia government under court ordered receivership, $318,979,000 (including $189,154,000 from local funds, $96,691,000 from Federal funds, and $33,134,000 from other funds): Provided, That, of the sums made available to the Commission on Mental Health Services, $5,000,000 shall be available to a 501(c)(3) nonprofit organization formed in 1991 and located in the District of Columbia to finance capital improvements to community-based housing facilities dedicated for use only by seriously and chronically mentally ill individuals in the District of Columbia.
District of Columbia Financial Responsibility and Management Assistance Authority
For the District of Columbia Financial Responsibility and Management Assistance Authority, established by section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-8), $7,840,000: Provided, That none of the funds contained in this Act may be used to pay any compensation of the Executive Director or General Counsel of the Authority at a rate in excess of the maximum rate of compensation which may be paid to such individual during fiscal year 1999 under section 102 of such Act, as determined by the Comptroller General (as described in GAO letter report B-279095.2).
ENTERPRISE FUNDS
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct, $273,314,000 from other funds (including $239,493,000 for the Water and Sewer Authority and $33,821,000 for the Washington Aqueduct) of which $39,933,000 shall be apportioned and payable to the District's debt service fund for repayment of loans and interest incurred for capital improvement projects.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act for the fiscal year ending September 30, 1982, approved December 4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended, for the purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-1516 et seq.), $225,200,000: Provided, That the District of Columbia shall identify the source of funding for this appropriation title from the District's own locally-generated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board.
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by the Cable Television Communications Act of 1981, effective October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et seq.), $2,108,000 from local funds.
Public Service Commission
For the Public Service Commission, $5,026,000 (including $252,000 from Federal funds and $4,774,000 from other funds).
Office of the People's Counsel
For the Office of the People's Counsel, $2,501,000 from other funds.
Department of Insurance and Securities Regulation
For the Department of Insurance and Securities Regulation, $7,001,000 from other funds.
Office of Banking and Financial Institutions
For the Office of Banking and Financial Institutions, $640,000 (including $390,000 from local funds and $250,000 from other funds).
Starplex Fund
For the Starplex Fund, $8,751,000 from other funds for expenses incurred by the Armory Board in the exercise of its powers granted by the Act entitled ``An Act To Establish A District of Columbia Armory Board, and for other purposes'', approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act of 1957, approved September 7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-321 et seq.): Provided, That the Mayor shall submit a budget for the Armory Board for the forthcoming fiscal year as required by section 442(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47- 301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established by Reorganization Order No. 57 of the Board of Commissioners, effective August 15, 1953, $113,599,000 of which $46,835,000 shall be derived by transfer from the general fund and $66,764,000 shall be derived from other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121 of the District of Columbia Retirement Reform Act of 1979, approved November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $18,202,000 from the earnings of the applicable retirement funds to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board:
Provided, That the District of Columbia Retirement Board shall provide to the Congress and to the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia Retirement Board shall provide the Mayor, for transmittal to the Council of the District of Columbia, an itemized accounting of the planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of Columbia Correctional Industries Establishment Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-622), $3,332,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $53,539,000, of which $5,400,000 shall be derived by transfer from the general fund.
PERSONNEL
The government of the District of Columbia shall employ no more than 32,900 FTE positions, exclusive of intra-District FTE positions, during fiscal year 1999.
Capital Outlay
For construction projects, a net increase of $1,711,160,737 (including a rescission of $114,430,742 of which $24,437,811 is from local funds and $89,992,931 is from highway trust funds appropriated under this heading in prior fiscal years, and an additional $1,825,591,479 of which $718,234,161 is from local funds, $24,452,538 is from the highway trust fund, and $1,082,904,780 is from Federal funds), to remain available until expended: Provided, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134, note), for which funds are provided by this appropriation title, shall expire on September 30, 2000, except authorizations for projects for which funds have been obligated in whole or in part prior to September 30, 2000: Provided further, That upon expiration of any such project authorization the funds provided herein for the project shall lapse.
General Provisions
Sec. 101. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 102. Except as otherwise provided in this Act, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official, and the vouchers as approved shall be paid by checks issued by the designated disbursing official. Sec. 103. Whenever in this Act, an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount that may be expended for said purpose or object rather than an amount set apart exclusively therefor. Sec. 104. Appropriations in this Act shall be available, when authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties at rates established by the Mayor: Provided, That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101-7 (Federal Travel Regulations). Sec. 105. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: Provided, That, in the case of the Council of the District of Columbia, funds may be expended with the authorization of the chair of the Council. Sec. 106. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments that have been entered against the District of Columbia government: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of section 11(c)(3) of title XII of the District of Columbia Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)). Sec. 107. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of section 544 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and for payment of the non-Federal share of funds necessary to qualify for grants under subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994. Sec. 108. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit
the availability of school buildings for the use of any community or partisan political group during non-school hours. Sec. 110. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name, title, grade, salary, past work experience, and salary history are not available for inspection by the House and Senate Committees on Appropriations, the Subcommittee on the District of Columbia of the House Committee on Government Reform and Oversight, the Subcommittee on Oversight of Government Management, Restructuring and the District of Columbia of the Senate Committee on Governmental Affairs, and the Council of the District of Columbia, or their duly authorized representative. Sec. 111. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.). Sec. 112. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. Sec. 113. At the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlay borrowings: Provided, That within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowings and spending progress compared with projections. Sec. 114. The Mayor shall not borrow any funds for capital projects unless the Mayor has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings. Sec. 115. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Columbia government. Sec. 116. None of the funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 1999, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for an agency through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or activity; (3) establishes or changes allocations specifically denied, limited or increased by Congress in the Act; (4) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (5) reestablishes through reprogramming any program or project previously deferred through reprogramming; (6) augments existing programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or activity; unless the Appropriations Committees of both the Senate and House of Representatives are notified in writing thirty days in advance of any reprogramming as set forth in this section. Sec. 117. None of the Federal funds provided in this Act shall be obligated or expended to provide a personal cook, chauffeur,
or other personal servants to any officer or employee of the District of Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be obligated or expended to procure passenger automobiles as defined in the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental Protection Agency estimated miles per gallon average of less than 22 miles per gallon: Provided, That this section shall not apply to security, emergency rescue, or armored vehicles. Sec. 119. (a) Notwithstanding section 422(7) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the City Administrator shall be paid, during any fiscal year, a salary at a rate established by the Mayor, not to exceed the rate established for Level IV of the Executive Schedule under 5 U.S.C. 5315. (b) For purposes of applying any provision of law limiting the availability of funds for payment of salary or pay in any fiscal year, the highest rate of pay established by the Mayor under subsection (a) of this section for any position for any period during the last quarter of calendar year 1998 shall be deemed to be the rate of pay payable for that position for September 30, 1998. (c) Notwithstanding section 4(a) of the District of Columbia Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the District of Columbia Redevelopment Land Agency shall be paid, during any fiscal year, per diem compensation at a rate established by the Mayor. Sec. 120. Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5, United States Code. Sec. 121. The Director of the Office of Property Management may pay rentals and repair, alter, and improve rented premises, without regard to the provisions of section 322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 278a), based upon a determination by the Director, that by reason of circumstances set forth in such determination, the payment of these rents and the execution of this work, without reference to the limitations of section 322, is advantageous to the District in terms of economy, efficiency, and the District's best interest. Sec. 122. No later than 30 days after the end of the first quarter of the fiscal year ending September 30, 1999, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 1999 revenue estimates as of the end of the first quarter of fiscal year 1999. These estimates shall be used in the budget request for the fiscal year ending September 30, 2000. The officially revised estimates at midyear shall be used for the midyear report. Sec. 123. No sole source contract with the District of Columbia government or any agency thereof may be renewed or extended
without opening that contract to the competitive bidding process as set forth in section 303 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that the District of Columbia government or any agency thereof may renew or extend sole source contracts for which competition is not feasible or practical: Provided, That the determination as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated rules and procedures and said determination has been reviewed and approved by the District of Columbia Financial Responsibility and Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177), as amended, the term ``program, project, and activity'' shall be synonymous with and refer specifically to each account appropriating Federal funds in this Act, and any sequestration order shall be applied to each of the accounts rather than to the aggregate total of those accounts: Provided, That sequestration orders shall not be applied to any account that is specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 125. In the event a sequestration order is issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, approved December 12, 1985 (99 Stat. 1037: Public Law 99-177), as amended, after the amounts appropriated to the District of Columbia for the fiscal year involved have been paid to the District of Columbia, the Mayor of the District of Columbia shall pay to the Secretary of the Treasury, within 15 days after receipt of a request therefor from the Secretary of the Treasury, such amounts as are sequestered by the order: Provided, That the sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this Act that are not specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 126. (a) An entity of the District of Columbia government may accept and use a gift or donation during fiscal year 1999 if-- (1) the Mayor approves the acceptance and use of the gift or donation: Provided, That the Council of the District of Columbia may accept and use gifts without prior approval by the Mayor; and (2) the entity uses the gift or donation to carry out its authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep accurate and detailed records of the acceptance and use of any gift or donation under subsection (a) of this section, and shall make such records available for audit and public inspection. (c) For the purposes of this section, the term ``entity of the District of Columbia government'' includes an independent agency of the District of Columbia. (d) This section shall not apply to the District of Columbia Board of Education, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the public schools without prior approval by the Mayor. Sec. 127. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)). Sec. 128. (a) The University of the District of Columbia shall submit to the Mayor, the District of Columbia Financial Responsibility and Management Assistance Authority (hereafter in this section referred to as ``Authority''), and the Council of the District of Columbia (hereafter in this section referred to as ``Council'') no later than 15 calendar days after the end of each month a report that sets forth-- (1) current month expenditures and obligations, year-to-date expenditures and obligations, and total fiscal year expenditure projections versus budget, broken out on the basis of control center, responsibility center, and object class, and for all funds, non-appropriated funds, and capital financing; (2) a list of each account for which spending is frozen and the amount of funds frozen, broken out by control center, responsibility center, detailed object, and for all funding sources; (3) a list of all active contracts in excess of $10,000 annually, which contains the name of each contractor; the budget to which the contract is charged, broken out on the basis of control center and responsibility center, and contract identifying codes used by the University of the District of Columbia; payments made in the last month and year-to-date, the total amount of the contract and total payments made for the contract and any modifications, extensions, renewals; and specific modifications made to each contract in the last month; (4) all reprogramming requests and reports that have been made by the University of the District of Columbia within the last month in compliance with applicable law; and (5) changes made in the last month to the organizational structure of the University of the District of Columbia, displaying previous and current control centers and responsibility centers, the names of the organizational entities that have been changed, the name of the staff member supervising each entity affected, and the reasons for the structural change.
(b) The Mayor, the Authority, and the Council shall provide the Congress by February 1, 2000, a summary, analysis, and recommendations on the information provided in the monthly reports. Sec. 129. Funds authorized or previously appropriated to the government of the District of Columbia by this or any other Act to procure the necessary hardware and installation of new software, conversion, testing, and training to improve or replace its financial management system are also available for the acquisition of accounting and financial management services and the leasing of necessary hardware, software or any other related goods or services, as determined by the District of Columbia Financial Responsibility and Management Assistance Authority. Sec. 130. None of the funds contained in this Act may be made available to pay the fees of an attorney who represents a party who prevails in an action, including an administrative proceeding, brought against the District of Columbia Public Schools under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
(1) the hourly rate of compensation of the attorney exceeds the hourly rate of compensation under section 11-2604(a), District of Columbia Code; or (2) the maximum amount of compensation of the attorney exceeds the maximum amount of compensation under section 11- 2604(b)(1), District of Columbia Code, except that compensation and reimbursement in excess of such maximum may be approved for extended or complex representation in accordance with section 11-2604(c), District of Columbia Code.
Sec. 131. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.
Sec. 132. U.S. Army Corps of Engineers Services to District of Columbia Public Schools. In using funds made available under this Act or any other Act for the repair and improvement of the District of Columbia's public school facilities, any entity of the District of Columbia government, including the District of Columbia Financial Responsibility and Management Assistance Authority, or its designee, may place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers. The Chief of Engineers may accept such orders on a reimbursable basis and may provide any part of such services by contract. In providing such services, the Chief of Engineers shall follow the Federal Acquisition Regulations and the implementing Department of Defense regulations. This section shall apply to fiscal year 1999 and each fiscal year thereafter.
Sec. 133. None of the funds made available in this Act may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples (whether homosexual, heterosexual, or lesbian), including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples. Sec. 134. The Emergency Transitional Education Board of Trustees shall submit to the Congress, the Mayor, the District of Columbia Financial Responsibility and Management Assistance Authority, and the Council of the District of Columbia no later than 15 calendar days after the end of each month a report that sets forth-- (1) current month expenditures and obligations, year-to-date expenditures and obligations, and total fiscal year expenditure projections versus budget, broken out on the basis of control center, responsibility center, agency reporting code, and object class, and for all funds, including capital financing; (2) a list of each account for which spending is frozen and the amount of funds frozen, broken out by control center, responsibility center, detailed object, and agency reporting code, and for all funding sources; (3) a list of all active contracts in excess of $10,000 annually, which contains the name of each contractor; the budget to which the contract is charged, broken out on the basis of control center, responsibility center, and agency reporting code; and contract identifying codes used by the District
of Columbia Public Schools; payments made in the last month and year-to-date, the total amount of the contract and total payments made for the contract and any modifications, extensions, renewals; and specific modifications made to each contract in the last month; (4) all reprogramming requests and reports that are required to be, and have been, submitted to the Board of Education; and (5) changes made in the last month to the organizational structure of the D.C. Public Schools, displaying previous and current control centers and responsibility centers, the names of the organizational entities that have been changed, the name of the staff member supervising each entity affected, and the reasons for the structural change.
Sec. 135. (a) In General.--The Emergency Transitional Education Board of Trustees of the District of Columbia and the University of the District of Columbia shall annually compile an accurate and verifiable report on the positions and employees in the public school system and the university, respectively. The annual report shall set forth-- (1) the number of validated schedule A positions in the District of Columbia public schools and the University of the District of Columbia for fiscal year 1998, fiscal year 1999, and thereafter on full-time equivalent basis, including a compilation of all positions by control center, responsibility center, funding source, position type, position title, pay plan, grade, and annual salary; and (2) a compilation of all employees in the District of Columbia public schools and the University of the District of Columbia as of the preceding December 31, verified as to its accuracy in accordance with the functions that each employee actually performs, by control center, responsibility center, agency reporting code, program (including funding source), activity, location for accounting purposes, job title, grade and classification, annual salary, and position control number.
(b) Submission.--The annual report required by subsection (a) of this section shall be submitted to the Congress, the Mayor, the District of Columbia Council, the Consensus Commission, and the Authority, not later than February 15 of each year. Sec. 136. (a) No later than October 1, 1998, or within 30 calendar days after the date of the enactment of this Act, whichever occurs later, and each succeeding year, the Superintendent of the District of Columbia Public Schools and the University of the District of Columbia shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council, the Consensus Commission, and the District of Columbia Financial Responsibility and Management Assistance Authority, a revised appropriated funds operating budget for the public school system and the University of the District of Columbia for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than- personal services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section shall be submitted in the format of the budget that the Superintendent of the District of Columbia Public Schools and the University of the District of Columbia submit to the Mayor of the District
of Columbia for inclusion in the Mayor's budget submission to the Council of the District of Columbia pursuant to section 442 of the District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec. 47-301). Sec. 137. The Emergency Transitional Education Board of Trustees, the Board of Trustees of the University of the District of Columbia, the Board of Library Trustees, and the Board of Governors of the University of the District of Columbia School of Law shall vote on and approve their respective annual or revised budgets before submission to the Mayor of the District of Columbia for inclusion in the Mayor's budget submission to the Council of the District of Columbia in accordance with section 442 of the District of Columbia Home Rule Act, Public Law 93- 198, as amended (D.C. Code, sec. 47-301), or before submitting their respective budgets directly to the Council. Sec. 138. (a) Ceiling on Total Operating Expenses.-- (1) In general.--Notwithstanding any other provision of law, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 1999 under the caption ``Division of Expenses'' shall not exceed the lesser of-- (A) the sum of the total revenues of the District of Columbia for such fiscal year; or (B) $5,211,920,000 (of which $132,912,000 shall be from intra-District funds and $2,865,763,000 shall be from local funds), which amount may be increased by the following: (i) proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs approved by the District of Columbia Financial Responsibility and Management Assistance Authority; or (ii) after notification to the Council, additional expenditures which the Chief Financial Officer of the District of Columbia certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such additional expenditures, and that are approved by the Authority. (2) Enforcement.--The Chief Financial Officer of the District of Columbia and the Authority shall take such steps as are necessary to assure that the District of Columbia meets the requirements of this section, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 1999, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.
(b) Acceptance and Use of Grants Not Included in Ceiling.-- (1) In general.--Notwithstanding subsection (a), the Mayor, in consultation with the Chief Financial Officer, during a control year, as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (Public Law 104-8; 109 Stat. 152), may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act.
(2) Requirement of chief financial officer report and authority approval.--No such Federal, private, or other grant may be accepted, obligated, or expended pursuant to paragraph (1) until-- (A) the Chief Financial Officer of the District of Columbia submits to the Authority a report setting forth detailed information regarding such grant; and (B) the Authority has reviewed and approved the acceptance, obligation, and expenditure of such grant in accordance with review and approval procedures consistent with the provisions of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. (3) Prohibition on spending in anticipation of approval or receipt.--No amount may be obligated or expended from the general fund or other funds of the District government in anticipation of the approval or receipt of a grant under paragraph (2)(B) of this subsection or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such paragraph. (4) Monthly reports.--The Chief Financial Officer of the District of Columbia shall prepare a monthly report setting forth detailed information regarding all Federal, private, and other grants subject to this subsection. Each such report shall be submitted to the Council of the District of Columbia, and to the Committees on Appropriations of the House of Representatives and the Senate, not later than 15 days after the end of the month covered by the report.
(c) Report on Expenditures by Financial Responsibility and Management Assistance Authority.--Not later than 20 calendar days after the end of each fiscal quarter starting October 1, 1998, the Authority shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Government Reform and Oversight of the House, and the Committee on Governmental Affairs of the Senate providing an itemized accounting of all non-appropriated funds obligated or expended by the Authority for the quarter. The report shall include information on the date, amount, purpose, and vendor name, and a description of the services or goods provided with respect to the expenditures of such funds.
(d) Application of Excess Revenues.--Local revenues collected in excess of amounts required to support appropriations in this Act for operating expenses for the District of Columbia for fiscal year 1999 under the caption ``Division of Expenses'' shall be applied first to the elimination of the general fund accumulated deficit; second to a reserve account not to exceed $250,000,000 to be used to finance seasonal cash needs (in lieu of short term borrowings); third to accelerate repayment of cash borrowed from the Water and Sewer Fund; and fourth to reduce the outstanding long-term debt. Sec. 139. University of the District of Columbia Investment Authority. Section 108(b) of the District of Columbia Public Education Act (D.C. Code, sec. 31-1408) is amended by striking the period at the end of the sentence and adding the phrase ``, except that the funds appropriated in this section also may be invested in equity-based securities if approved by the Chief Financial Officer of the District of Columbia.''.
Sec. 140. If a department or agency of the government of the District of Columbia is under the administration of a court-appointed receiver or other court-appointed official during fiscal year 1999 or any succeeding fiscal year, the receiver or official shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia for the year, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. All such estimates shall be forwarded by the Mayor to the Council, for its action pursuant to sections 446 and 603(c) of the District of Columbia Home Rule Act, without revision but subject to the Mayor's recommendations. Notwithstanding any provision of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code sec. 1-101 et seq.) the Council may comment or make recommendations concerning such annual estimates but shall have no authority under such Act to revise such estimates. Sec. 141. The District of Columbia Financial Responsibility and Management Assistance Authority and the Superintendent of the District of Columbia Public Schools are hereby directed to report to the Appropriations Committees of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight of the House of Representatives not later than April 1, 1999, on all measures necessary and steps to be taken to ensure that the District's Public Schools open on time to begin the 1999-2000 academic year. Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be-- (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school- based personnel for retention purposes. Sec. 143. (a) Restrictions on Use of Official Vehicles.--(1) Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this paragraph, the term ``official duties'' does not include travel between the officer's or employee's residence and workplace (except in the case of an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department). (2) Paragraph (1) shall not apply with respect to any vehicle provided to the officer of the Metropolitan Police Department who was wounded in the line of duty and who is referred to in the letter of July 15, 1998, from the Chief of the Department to the Chair of the Subcommittee on the District of Columbia of the Committee on Appropriations of the House of Representatives. Notwithstanding any other provision of law, the Chief may donate the vehicle to such officer as a gift on behalf of the District of
Columbia, and the donation shall not be subject to any Federal, State, or local income or gift tax. (3) The Chief Financial Officer of the District of Columbia shall submit, by November 15, 1998, an inventory, as of September 30, 1998, of all vehicles owned, leased or operated by the District of Columbia government. The inventory shall include, but not be limited to, the department to which the vehicle is assigned; the year and make of the vehicle; the acquisition date and cost; the general condition of the vehicle; annual operating and maintenance costs; current mileage; and whether the vehicle is allowed to be taken home by a District officer or employee and if so, the officer or employee's title and resident location. Sec. 144. (a) Source of Payment for Employees Detailed Within Government.--For purposes of determining the amount of funds expended by any entity within the District of Columbia government during fiscal year 1999 and each succeeding fiscal year, any expenditures of the District government attributable to any officer or employee of the District government who provides services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity's budget, without regard to whether the officer or employee is assigned to the entity or otherwise treated as an officer or employee of the entity. (b) Modification of Reduction in Force Procedures.--The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as amended, is further amended in section 2408(a) by deleting ``1998'' and inserting, ``1999''; in subsection (b), by deleting ``1998'' and inserting, ``1999''; in subsection (i), by deleting ``1998'' and inserting, ``1999''; and in subsection (k), by deleting ``1998'' and inserting, ``1999''. Sec. 145. Assessment and Placement of Special Education Students. Notwithstanding any other provision of law, not later than 120 days after the date that a District of Columbia Public Schools [DCPS] student is referred for evaluation or assessment-- (1) the District of Columbia Board of Education (referred to in this section as the ``Board''), or its successor and DCPS shall assess or evaluate a student who may have a disability and who may require special education services; and (2) if a student is classified as having a disability, as defined in section 101(a)(1) of the Individuals with Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS shall place that student in an appropriate program of special education services.
Sec. 146. (a) Compliance With Buy American Act.--None of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a-10c). (b) Sense of the Congress; Requirement Regarding Notice.-- (1) Purchase of american-made equipment and products.--In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products to the greatest extent practicable. (2) Notice to recipients of assistance.--In providing financial assistance using funds made available in this Act, the head of each agency of the Federal or District of Columbia government shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products as Made in America.--If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 147. Notwithstanding any provision of any Federally-granted charter or any other provision of law, beginning with fiscal year 1999 and for each fiscal year hereafter, the real property of the National Education Association located in the District of Columbia shall be subject to taxation by the District of Columbia in the same manner as any similar organization.
Sec. 148. None of the funds contained in this Act may be used for purposes of the annual independent audit of the District of Columbia government (including the District of Columbia Financial Responsibility and Management Assistance Authority) for fiscal year 1999 unless-- (1) the audit is conducted by the Inspector General of the District of Columbia pursuant to section 208(a)(4) of the District of Columbia Procurement Practices Act of 1985 (D.C. Code, sec. 1-1182.8(a)(4)); and (2) the audit includes a comparison of audited actual year- end results with the revenues submitted in the budget document for such year and the appropriations enacted into law for such year.
Sec. 149. Nothing in this Act shall be construed to authorize any office, agency or entity to expend funds for programs or functions for which a reorganization plan is required but has not been approved by the District of Columbia Financial Responsibility and Management Assistance Authority (hereafter in this section referred to as ``Authority''). Appropriations made by this Act for such programs or functions are conditioned only on the approval by the Authority of the required reorganization plans. Sec. 150. Notwithstanding any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia Public Schools employees shall be a non-negotiable item for collective bargaining purposes. Sec. 151. None of the funds contained in this Act may be used by the District of Columbia Corporation Counsel or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.
Sec. 152. The District of Columbia Financial Responsibility and Management Assistance Authority (hereafter in this section referred to as ``Authority'') shall report to the Appropriations Committees of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform and Oversight of the House of Representatives, by February 15, 1999, on the status of all partnerships or agreements entered into from January 1, 1994 through September 30, 1998, between the District of Columbia government and any nonprofit organization that provides medical care, substance abuse treatment, low income housing, food and shelter services, abstinance programs, or educational services to children, adults and families residing in the District. For those partnerships or agreements that have been terminated, the Authority shall report to Congress on the plans by the District government for reinitiating the partnerships or agreements with the respective nonprofit organization.
Sec. 153. The Residency Requirement Reinstatement Amendment Act of 1998 (D.C. Act 12-340) is hereby repealed. Sec. 154. None of the funds contained in this Act may be used after April 1, 1999, to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio. Sec. 155. Reserve.--The District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8, sec. 202 is amended to include the following: ``(i) Reserve.--Beginning with fiscal year 2000, the plan or budget submitted pursuant to this Act shall contain $150,000,000 for a reserve to be established by the Chief Financial Officer for the District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority: Provided, That the reserve shall only be expended according to criteria established by the Chief Financial Officer and approved by the District of Columbia Financial Responsibility and Management Assistance Authority.''. Sec. 156. Library Fundraising Authority.--D.C. Code Section 37-105 is amended by striking the word ``and'' after section (11) and striking the period after section (12) and adding the following phrase: ``, (13) Notwithstanding any other provision of law, the Board of Trustees of the District of Columbia Public Library is authorized to hire a 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.
(c) Contracting With Private Service Providers.-- (1) Private contracts.--Not later than September 30, 1999, CFSA shall enter into contracts with private service providers to perform some of the adoption recruitment and placement functions of CFSA, which may include recruitment, homestudy, and placement services. (2) Competitive bidding.--Any contract entered into pursuant to paragraph (1) shall be subject to a competitive bidding process when required by CFSA contracting policies and procedures. (3) Performance-based compensation.-- (A) In general.--Any contract entered into pursuant to paragraph (1) shall compensate the winning bidder pursuant to paragraph (2) upon completion of contract deliverables. (B) Contract deliverables.--In identifying contract deliverables, CFSA shall consider-- (i) in the case of recruitment, receipt of a list of potential adoptive families; (ii) in the case of homestudies, receipt of a completed homestudy in a form specified in advance by CFSA; or (iii) in the case of placements, the child is placed in an adoptive home approved by CFSA or the adoption is finalized. (4) Types of contracts.--Nothing in this section shall be construed to prevent CFSA from entering into contracts that provide for multiple deliverables or conditions for partial payment. (5) Removal of barriers to adoption.--CFSA shall meet with contractors to address issues identified during the term of a contract entered into pursuant to this section, including issues related to barriers to timely adoptions.
Sec. 158. Clarification of Responsibility for Adult Offender Supervision in the District of Columbia. (a) Section 11233(b)(2) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105-33) is amended by-- (1) striking ``; and'' in subparagraph (F) and inserting ``;''; (2) striking ``Columbia.'' in subparagraph (G) and inserting ``Columbia; and''; and (3) inserting after subparagraph (G) the following: ``(H) carry out all functions which have heretofore been carried out by the Social Services Division of the Superior Court relating to supervision of adults subject to protection orders or provision of services for or related to such persons.''.
(b) Section 11-1722 of the District of Columbia Code is amended-- (1) in subsection (a)-- (A) by inserting ``juvenile'' after ``all'' in the first sentence; and (B) by amending the second sentence to read as follows: ``The Director shall have no jurisdiction over any adult under supervision.''; (2) in subsection (b), inserting ``including the agency established by section 11233(a) of the National Capital Revitalization
and Self-Government Improvement Act of 1997,'' after ``Columbia,''; and (3) in subsection (c), by inserting ``juvenile'' after ``of''.
Sec. 159. Public Law 104-8 is amended by adding new section 109 as follows:
``SEC. 109. CHIEF MANAGEMENT OFFICER.
``(a) The Authority may employ a Chief Management Officer of the District of Columbia, who shall be appointed by the Chair with the consent of the Authority. The Chief Management Officer shall assist the Authority in the fulfillment of its responsibilities under the District of Columbia Management Reform Act of 1997, subtitle B of the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Public Law 105-33, to improve the effectiveness and efficiency of the District of Columbia Government. The Authority may delegate to the Chief Management Officer responsibility for oversight and supervision of departments and functions of the District of Columbia Government, or successor departments and functions, consistent with the District of Columbia Management Reform Act of 1997, subtitle B of the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Public Law 105-33. The Chief Management Officer shall report directly to the Authority, through the Chair of the Authority, and shall be directed in his or her performance by a majority of the Authority. The Chief Management Officer shall be paid at an annual rate determined by the Authority sufficient in the judgment of the Authority to obtain the services of an individual with the skills and experience required to discharge the duties of the office.
``(b) Employment Contract.--Notwithstanding any other provision of law, the employment agreement entered into as of January 15, 1998, between the Chief Management Officer and the District of Columbia Financial Responsibility and Management Assistance Authority shall be valid in all respects.''. Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is amended to read as follows-- ``(A) Audit the financial statement and report described in paragraph (3)(H) for a fiscal year, except that the financial statement and report may not be audited by the same auditor (or an auditor employed by or affiliated with the same auditor) for more than 5 consecutive fiscal years; and''. Sec. 161. Deficit Reduction and Revitalization.--Notwithstanding any other provision of law or this Act, funds allocated to management reform by the District of Columbia Financial Responsibility and Management Assistance Authority under this heading in Public Law 105-100 (111 Stat. 2159), as contained in the Authority's notification of June 24, 1998, shall remain available for management reform until September 30, 1999: Provided, That said funds shall not exceed $3,200,000. Sec. 162. Prompt Payments. (a) Section 3901 of title 31, United States Code is amended by adding at the end the following new subsection (d): ``(d)(1) Notwithstanding subsection (a)(1) of this section, this chapter, except section 3907 of this title, applies to the District of Columbia Courts. ``(2) A claim for an interest penalty not paid under this chapter may be filed in the same manner as claims are filed with respect
to contracts to provide property or services for the District of Columbia Courts. ``(3)(A) Except as provided in subparagraph (B), an interest penalty under this chapter does not continue to accrue for more than one year or after a claim for an interest penalty is filed in the manner described in paragraph (2), whichever is earlier. ``(B) If a claim for an interest penalty is filed in the manner described in paragraph (2) and interest is not available for such claims under the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts, interest will accrue under this chapter as provided in paragraph (A) and from the date the claim is filed until the date the claim is paid. ``(4) Paragraph (3) of this subsection does not prevent an interest penalty from accruing on a claim if such interest is available for such claim under the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts. Such interest may accrue on an unpaid contract payment and on the unpaid penalty under this chapter. ``(5) Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and any interest payable for the period during which the dispute is being resolved, is subject to the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts.''. Sec. 163. Section 147 of the Nation's Capital Bicentennial Designation Act (Public Law 105-100; 111 Stat. 2180) is amended-- (1) in subsection (a)(3)(B) by striking ``President's Day'' and inserting ``Washington's Birthday''; (2) in subsection (b)(1) by striking ``President's Day'' and inserting ``Washington's Birthday''.
Sec. 164. Section 101(b) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8, 109 Stat. 97, is amended by adding at the end of paragraph (5) the following new subparagraph: ``(D) Continuation of service until successor appointed.--Upon the expiration of a term of office, a member of the Authority may continue to serve until a successor has been appointed.''
Sec. 165. Section 456(d)(2) of the District of Columbia Home Rule Act (87 Stat. 774; Public Law 93-198, as amended) is amended by adding at the end: ``(H) A statement of the balance of each account held by the District of Columbia Financial Responsibility and Management Assistance Authority as of the end of the quarter, together with a description of the activities within each such account during the quarter based on information supplied by the Authority.''. Sec. 166. No funds made available pursuant to any provision of this Act or any other act now or hereafter enacted shall be used to capitalize the National Capital Revitalization Corporation or for the purpose of implementing the National Capital Revitalization Act of 1998 (D.C. Act 12-355) until at least 30 days after the District of Columbia Financial Responsibility and Management
Assistance Authority submits to the appropriate committees of Congress an economic development strategy.
Sec. 167. The District of Columbia government shall maintain for fiscal year 1999 the same funding levels as provided in fiscal year 1997 for homeless services in the District of Columbia: Provided, That in addition to such amounts, $1,000,000 shall be paid to The Doe Fund for its Ready, Willing & Able program in Washington, D.C. Sec. 168. (a) No later than November 1, 1998, or within 30 calendar days after the date of the enactment of this Act, whichever occurs later, the Chief Financial Officer shall submit to the appropriate committees of Congress, the Mayor, and the District of Columbia Financial Responsibility and Management Assistance Authority a revised appropriated funds operating budget for all agencies of the District of Columbia government for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures. (b) The revised budget required by subsection (a) of this section shall be submitted in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec. 47-301). Sec. 169. Notwithstanding section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973, as amended (87 Stat. 813; Public Law 93-198; D.C. Code, sec. 1-233(c)(1), D.C. Act 12-421), ``Oyster Elementary School Construction and Revenue Bond Act of 1998'', shall take effect upon the date of enactment of this Act. Sec. 170. None of the funds contained in this Act may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug, or for any payment to any individual or entity who carries out any such program. Sec. 171. None of the funds contained in this Act may be used to conduct any ballot initiative which seeks to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative. This Act may be cited as the ``District of Columbia Appropriations Act, 1999''. (d) For programs, projects or activities in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
Title I—EXPORT AND INVESTMENT ASSISTANCE
Title II—BILATERAL ECONOMIC ASSISTANCE
Title III—MILITARY ASSISTANCE
Title IV—MULTILATERAL ECONOMIC ASSISTANCE
Title V—GENERAL PROVISIONS
Title VI—INTERNATIONAL FINANCIAL PROGRAMS AND REFORM
Title I—DEPARTMENT OF THE INTERIOR
Title II—RELATED AGENCIES
Title III—GENERAL PROVISIONS
Title V
This title may be referred to as ``The Land Between the Lakes Protection Act of 1998''.
In this title: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory board.--The term ``Advisory Board'' means the Land Between the Lakes Advisory Board established under section 522. (3) Chairman.--The term ``Chairman'' means the Chairman of the Board of Directors of the Tennessee Valley Authority. (4) Eligible employee.--The term ``eligible employee'' means a person that was, on the date of transfer pursuant to section 541, a full-time or part-time annual employee of the Tennessee Valley Authority at the Recreation Area. (5) Environmental law.-- (A) In general.--The term ``environmental law'' means all applicable Federal, State, and local laws (including regulations) and requirements related to protection of human health, natural and cultural resources, or the environment. (B) Inclusions.--The term ``environmental law'' includes--
(i) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (iv) the Clean Air Act (42 U.S.C. 7401 et seq.); (v) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (vi) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); (vii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (viii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (ix) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (6) Forest highway.--The term ``forest highway'' has the meaning given the term in section 101(a) of title 23, United States Code. (7) Governmental unit.--The term ``governmental unit'' means an agency of the Federal Government or a State or local government, local governmental unit, public or municipal corporation, or unit of a State university system. (8) Hazardous substance.--The term ``hazardous substance'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (9) Person.--The term ``person'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (10) Pollutant or contaminant.--The term ``pollutant or contaminant'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (11) Recreation area.--The term ``Recreation Area'' means the Land Between the Lakes National Recreation Area. (12) Release.--The term ``release'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (13) Response action.--The term ``response action'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (14) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (15) State.--The term ``State'' means the State of Kentucky and the State of Tennessee.
The purposes of this title are-- (1) to transfer without consideration administrative jurisdiction over the Recreation Area from the Tennessee Valley
Authority to the Secretary so that the Recreation Area may be managed as a unit of the National Forest System; (2) to protect and manage the resources of the Recreation Area for optimum yield of outdoor recreation and environmental education through multiple use management by the Forest Service; (3) to authorize, research, test, and demonstrate innovative programs and cost-effective management of the Recreation Area; (4) to authorize the Secretary to cooperate between and among the States, Federal agencies, private organizations, and corporations, and individuals, as appropriate, in the management of the Recreation Area and to help stimulate the development of the surrounding region and extend the beneficial results as widely as practicable; and (5) to provide for the smooth and equitable transfer of jurisdiction from the Tennessee Valley Authority to the Secretary.
Subtitle A--Establishment, Administration, and Jurisdiction
(a) In General.--On the transfer of administrative jurisdiction under section 541, the Land Between the Lakes National Recreation Area in the States of Kentucky and Tennessee is established as a unit of the National Forest System. (b) Management.-- (1) In general.--The Secretary shall manage the Recreation Area for multiple use as a unit of the National Forest System. (2) Emphases.--The emphases in the management of the Recreation Area shall be-- (A) to provide public recreational opportunities; (B) to conserve fish and wildlife and their habitat; and (C) to provide for diversity of native and desirable non-native plants, animals, opportunities for hunting and fishing, and environmental education. (3) Status of unit.--The Secretary may administer the Recreation Area as a separate unit of the National Forest System or in conjunction with an existing national forest.
(c) Area Included.-- (1) In general.--The Recreation Area shall comprise the federally owned land, water, and interests in the land and water lying between Kentucky Lake and Lake Barkley in the States of Kentucky and Tennessee, as generally depicted on the map entitled ``Land Between the Lakes National Recreation Area-- January, 1998''. (2) Map.--The map described in paragraph (1) shall be available for public inspection in the Office of the Chief of the Forest Service, Washington, D.C.
(d) Waters.-- (1) Water levels and navigation.--Nothing in this title affects the jurisdiction of the Tennessee Valley Authority or the Army Corps of Engineers to manage and regulate water levels and navigation of Kentucky Lake and Lake Barkley and areas subject to flood easements.
(2) Occupancy and use.--Subject to the jurisdiction of the Tennessee Valley Authority and the Army Corps of Engineers, the Secretary shall have jurisdiction to regulate the occupancy and use of the surface waters of the lakes for recreational purposes.
(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.
(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.
(a) In General.--For purposes of section 204 of title 23, United States Code, the road known as ``The Trace'' and every other paved road within the Recreation Area (including any road constructed to secondary standards) shall be considered to be a forest highway.
(b) State Responsibility.-- (1) In general.--The States shall be responsible for the maintenance of forest highways within the Recreation Area. (2) Reimbursement.--To the maximum extent provided by law, from funds appropriated to the Department of Transportation and available for purposes of highway construction and maintenance, the Secretary of Transportation shall reimburse the States for all or a portion of the costs of maintenance of forest highways in the Recreation Area.
Subtitle B--Management Provisions
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.
(a) Establishment.--Not later than 90 days after the date of transfer pursuant to section 541, the Secretary shall establish the Land Between the Lakes Advisory Board. (b) Membership.--The Advisory Board shall be composed of 17 members, of whom-- (1) 4 individuals shall be appointed by the Secretary, including-- (A) 2 residents of the State of Kentucky; and (B) 2 residents of the State of Tennessee; (2) 2 individuals shall be appointed by the Kentucky Fish and Wildlife Commissioner or designee; (3) 1 individual shall be appointed by the Tennessee Fish and Wildlife Commission or designee; (4) 2 individuals shall be appointed by the Governor of the State of Tennessee; (5) 2 individuals shall be appointed by the Governor of the State of Kentucky; and (6) 2 individuals shall be appointed by appropriate officials of each of the 3 counties containing the Recreation Area.
(c) Term.-- (1) In general.--The term of a member of the Advisory Board shall be 5 years. (2) Succession.--Members of the Advisory Board may not succeed themselves.
(d) Chairperson.--The Regional Forester shall serve as chairperson of the Advisory Board. (e) Rules of Procedure.--The Secretary shall prescribe the rules of procedure for the Advisory Board. (f) Functions.--The Advisory Board may advise the Secretary on--
(1) means of promoting public participation for the land and resource management plan for the Recreation Area; and (2) environmental education.
(g) Meetings.-- (1) Frequency.--The Advisory Board shall meet at least biannually. (2) Public meeting.--A meeting of the Advisory Board shall be open to the general public. (3) Notice of meetings.--The chairperson, through the placement of notices in local news media and by other appropriate means shall give 2 weeks' public notice of each meeting of the Advisory Board.
(h) No Termination.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
(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.
(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.
(a) In General.--In addition to other authorities for the authorization of special uses within the National Forest System, within the Recreation Area, the Secretary may, on such terms and conditions as the Secretary may prescribe-- (1) convey for no consideration perpetual easements to governmental units for public roads over United States Route 68 and the Trace, and such other rights-of-way as the Secretary and a governmental unit may agree; (2) transfer or lease to governmental units developed recreation sites or other facilities to be managed for public purposes; and (3) lease or authorize recreational sites or other facilities, consistent with sections 503(2) and 511(b)(2).
(b) Consideration.-- (1) In general.--Consideration for a lease or other special use authorization within the Recreation Area shall be based on fair market value. (2) Reduction or waiver.--The Secretary may reduce or waive a fee to a governmental unit or nonprofit organization
commensurate with other consideration provided to the United States, as determined by the Secretary.
(c) Procedure.--The Secretary may use any fair and equitable method for authorizing special uses within the Recreation Area, including public solicitation of proposals. (d) Existing Authorizations.-- (1) In general.--A permit or other authorization granted by the Tennessee Valley Authority that is in effect on the date of transfer pursuant to section 541 may continue on transfer of administration of the Recreation Area to the Secretary. (2) Reissuance.--A permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Secretary. (3) Exercise of rights.--The Secretary may exercise any of the rights of the Tennessee Valley Authority contained in any permit or other authorization, including any right to amend, modify, and revoke the permit or authorization.
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.
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).
The Secretary shall maintain an inventory of and ensure access to cemeteries within the Recreation Area for purposes of burial, visitation, and maintenance.
(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.
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.
(a) Establishment.--There is established in the Treasury of the United States a special interest-bearing fund known as the ``Land Between the Lakes Trust Fund''. (b) Availability.--Amounts in the Fund shall be available to the Secretary, until expended, for-- (1) public education, grants, and internships related to recreation, conservation, and multiple use land management in the Recreation Area; and (2) regional promotion in the Recreation Area, in cooperation with development districts, chambers of commerce, and State and local governments.
(c) Deposits.--The Tennessee Valley Authority shall deposit into the Fund $1,000,000 annually for each of the 5 fiscal years commencing in the first fiscal year of the transfer. Funding to carry out this section shall be derived from funding described in section 549.
Subtitle C--Transfer Provisions
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.
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.
(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.
(a) Recreation Area Records.--The Secretary shall have access to all records of the Tennessee Valley Authority pertaining to the management of the Recreation Area.
(b) Personnel Records.--The Tennessee Valley Authority personnel records shall be made available to the Secretary, on request, to the extent the records are relevant to Forest Service administration. (c) Confidentiality.--The Tennessee Valley Authority may prescribe terms and conditions on the availability of records to protect the confidentiality of private or proprietary information. (d) Land Title Records.--The Tennessee Valley Authority shall provide to the Secretary original records pertaining to land titles, surveys, and other records pertaining to transferred personal property and facilities.
(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--
(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.
LAWS.
(a) Documentation of Existing Conditions.-- (1) In general.--Not later than 60 days after the date of transfer pursuant to section 541, the Chairman and the Administrator shall provide the Secretary all documentation and information that exists on the environmental condition of the land and waters comprising the Recreation Area property. (2) Additional documentation.--The Chairman and the Administrator shall provide the Secretary with any additional documentation and information regarding the environmental condition of the Recreation Area property as such documentation and information becomes available.
(b) Action Required.-- (1) Assessment.--Not later than 120 days after the date of transfer pursuant to section 541, the Chairman shall provide to the Secretary an assessment indicating what action, if any, is required under any environmental law on Recreation Area property. (2) Memorandum of understanding.--If the assessment concludes action is required under any environmental law with respect to any portion of the Recreation Area property, the Secretary and the Chairman shall enter into a memorandum of understanding that-- (A) provides for the performance by the Chairman of the required actions identified in the assessment; and (B) includes a schedule providing for the prompt completion of the required actions to the satisfaction of the Secretary.
(c) Documentation Demonstrating Action.--On the transfer of jurisdiction over the Recreation Area from the Tennessee Valley Authority to the Secretary, the Chairman shall provide the Secretary with documentation demonstrating that all actions required under any environmental law have been taken, including all response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) that are necessary to protect human health and the environment with respect to any hazardous substance, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on Recreation Area property.
(d) Continuation of Responsibilities and Liabilities.-- (1) In general.--The transfer of the Recreation Area property under this title, and the requirements of this section, shall not in any way affect the responsibilities and liabilities of the Tennessee Valley Authority at the Recreation Area under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other environmental law.
(2) Access.--After transfer of the Recreation Area property, the Chairman shall be accorded any access to the property that may be reasonably required to carry out the responsibility or satisfy the liability referred to in paragraph (1). (3) No liability.--The Secretary shall not be liable under any environmental law for matters that are related directly or indirectly to present or past activities of the Tennessee Valley Authority on the Recreation Area property, including liability for-- (A) costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) at or related to the Recreation Area; or (B) costs, penalties, fines, or performance of actions related to noncompliance with any environmental law at or related to the Recreation Area or related to the presence, release, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Recreation Area, including contamination resulting from migration. (4) No effect on responsibilities or liabilities.--Except as provided in paragraph (3), nothing in this title affects, modifies, amends, repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under any environmental law with respect to the Secretary.
(e) Other Federal Agencies.--Subject to the other provisions of this section, a Federal agency that carried or carries out operations at the Recreation Area resulting in the release or threatened release of a hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product for which that agency would be liable under any environmental law shall pay the costs of related response actions and shall pay the costs of related actions to remediate petroleum products or their derivatives.
(a) In General.-- (1) Hiring.--Notwithstanding section 3503 of title 5, United States Code, and subject to paragraph (2), the Secretary may-- (A) appoint, hire, and discharge officers and employees to administer the Recreation Area; and (B) pay the officers and employees at levels that are commensurate with levels at other units of the National Forest System. (2) Interim retention of eligible employees.-- (A) In general.--For a period of not less than 5 months after the effective date of transfer to the Forest Service-- (i) all eligible employees shall be retained in the employment of the Tennessee Valley Authority; (ii) those eligible employees shall be considered to be placed on detail to the Secretary and shall be subject to the direction of the Secretary; and
(iii) the Secretary shall reimburse the Tennessee Valley Authority for the amount of the basic pay and all other compensation of those eligible employees. (B) Notice to employees.--The Secretary shall provide eligible employees a written notice of not less than 60 days before termination. (C) Termination for cause.--Subparagraph (A) does not preclude a termination for cause during the period described in subparagraph (A).
(b) Applications for Transfer and Appointment.--An eligible employee shall have the right to apply for employment by the Secretary under procedures for transfer and appointment of Federal employees outside the Department of Agriculture. (c) Hiring by the Secretary.-- (1) In general.--Subject to subsection (b), in filling personnel positions within the Recreation Area, the Secretary shall follow all laws (including regulations) and policies applicable to the Department of Agriculture. (2) Notification and hiring.--Notwithstanding paragraph (1), the Secretary-- (A) shall notify all eligible employees of all openings for positions with the Forest Service at the Recreation Area before notifying other individuals or considering applications by other individuals for the positions; and (B) after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings. (3) Noncompetitive appointments.--Notwithstanding any other placement of career transition programs authorized by the Office of Personnel Management of the United States Department of Agriculture, the Secretary may noncompetitively appoint eligible employees to positions in the Recreation Area. (4) Period of service.--Except to the extent that an eligible employee that is appointed by the Secretary may be otherwise compensated for the period of service as an employee of the Tennessee Valley Authority, that period of service shall be treated as a period of service as an employee of the Secretary for the purposes of probation, career tenure, time-in- grade, and leave.
(d) Transfer to Positions in Other Units of the Tennessee Valley Authority.--The Tennessee Valley Authority-- (1) shall notify all eligible employees of all openings for positions in other units of the Tennessee Valley Authority before notifying other individuals or considering applications by other individuals for the positions; and (2) after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.
(e) Employee Benefit Transition.-- (1) Memorandum of understanding.-- (A) In general.--The Secretary and the heads of the Office of Personnel Management, the Tennessee Valley Authority and the Tennessee Valley Authority Retirement System shall enter into a memorandum of understanding providing for the transition for all eligible employees of compensation made available through the Tennessee Valley Authority Retirement System.
(B) Employee participation.--In deciding on the terms of the memorandum of understanding, the Secretary and the heads of the Office of Personnel Management, the Tennessee Valley Authority and the Tennessee Valley Authority Retirement System shall meet and consult with and give full consideration to the views of employees and representatives of the employees of the Tennessee Valley Authority. (2) Eligible employees that are transferred to other units of tva.--An eligible employee that is transferred to another unit of the Tennessee Valley Authority shall experience no interruption in coverage for or reduction of any retirement, health, leave, or other employee benefit. (3) Eligible employees that are hired by the secretary.-- (A) Level of benefits.--The Secretary shall provide to an eligible employee that is hired by the Forest Service a level of retirement and health benefits that is equivalent to the level to which the eligible employee would have been entitled if the eligible employee had remained an employee of the Tennessee Valley Authority. (B) Transfer of retirement benefits.-- (i) In general.--Eligible employees hired by the Forest Service shall become members of the Civil Service Retirement System (CSRS) Offset Plan and shall have the option to transfer into the Federal Employees Retirement System (FERS) within six months of their date of transfer. Such employees shall have the option at any time to receive credit in CSRS Offset or FERS for all of their TVA service in accordance with applicable procedures. Any deposits necessary to receive credit for such service shall be considered transfers to a qualified plan for purposes of favorable tax treatment of such amount under the Internal Revenue Code. (ii) Funding shortfall.-- (I) In general.--For all eligible employees that are not part of the Civil Service Retirement System, the Tennessee Valley Authority shall meet any funding shortfall resulting from the transfer of retirement benefits. (II) Notification.--The Secretary shall notify the Tennessee Valley Authority Board of the cost associated with the transfer of retirement benefits. (III) Payment.--The Tennessee Valley Authority shall fully compensate the Secretary for the costs associated with the transfer of retirement benefits. (IV) No interruption.--An eligible employee that is hired by the Forest Service and is eligible for Civil Service Retirement shall not experience any interruption in retirement benefits. (C) No interruption.--An eligible employee that is hired by the Secretary-- (i) shall experience no interruption in coverage for any health, leave, or other employee benefit; and
(ii) shall be entitled to carry over any leave time accumulated during employment by the Tennessee Valley Authority. (D) Period of service.--Notwithstanding section 8411(b)(3) of title 5, United States Code, except to the extent that an eligible employee may be otherwise compensated (including the provision of retirement benefits in accordance with the memorandum of understanding) for the period of service as an employee of the Tennessee Valley Authority, that period of service shall be treated as a period of service as an employee of the U.S. Department of Agriculture for all purposes relating to the Federal employment of the eligible employee. (4) Eligible employees that are discharged not for cause.-- (A) Level of benefits.--The parties to the memorandum of understanding shall have authority to deem any applicable requirement to be met, to make payments to an employee, or take any other action necessary to provide to an eligible employee that is discharged as being excess to the needs of the Tennessee Valley Authority or the Secretary and not for cause and that does not accept an offer of employment from the Secretary, an optimum level of retirement and health benefits that is equivalent to the level that has been afforded employees discharged in previous reductions in force by the Tennessee Valley Authority. (B) Minimum benefits.--An eligible employee that is discharged as being excess to the needs of the Tennessee Valley Authority or the Secretary and not for cause shall, at a minimum be entitled to-- (i) at the option of the eligible employee-- (I) a lump-sum equal to $1,000, multiplied by the number of years of service of the eligible employee (but not less that $15,000 nor more than $25,000); (II) a lump-sum payment equal to the amount of pay earned by the eligible employee for the last 26 weeks of the eligible employee's service; or (III) the deemed addition of 5 years to the age and the years of service of an eligible employee; (ii) 15 months of health benefits for employees and dependents at the same level provided as of the date of transfer pursuant to section 541; (iii) 1 week of pay per year of service as provided by the Tennessee Valley Authority Retirement System; (iv) a lump-sum payment of all accumulated annual leave; (v) unemployment compensation in accordance with State law; (vi) eligible pension benefits as provided by the Tennessee Valley Authority Retirement System; and (vii) retraining assistance provided by the Tennessee Valley Authority. (C) Shortfall.--If the board of directors of the Tennessee Valley Authority Retirement System determines
that the cost of providing the benefits described in subparagraphs (A) and (B) would have a negative impact on the overall retirement system, the Tennessee Valley Authority shall be required to meet any funding shortfalls.
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.
TRANSFER FUNDING.
(a) In General.--The funding described in this section is funding derived from only 1 or more of the following sources: (1) Nonpower fund balances and collections. (2) Investment returns of the nonpower program. (3) Applied programmatic savings in the power and nonpower programs. (4) Savings from the suspension of bonuses and awards. (5) Savings from reductions in memberships and contributions. (6) Increases in collections resulting from nonpower activities, including user fees. (7) Increases in charges to private and public utilities both investor and cooperatively owned, as well as to direct load customers.
(b) Availability.--Funds from the sources described in subsection (a) shall be available notwithstanding section 11, 14, 15, or 29 or any other provision of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) or any provisions of the covenants contained in any power bonds issued by the Tennessee Valley Authority. (c) Sufficiency of Savings.--The savings from and the revenue adjustment to the budget of the Tennessee Valley Authority for the first fiscal year of the transfer and each fiscal year thereafter shall be sufficient so that the net spending authority and resulting outlays to carry out activities with funding described in subsection (a) shall not exceed $0 for the first fiscal year of the transfer and each fiscal year thereafter. (d) Itemized List of Reductions and Increased Receipts.-- (1) Proposed changes.--Not later than 30 days after the date of transfer pursuant to section 541, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts that are proposed to be made as a result of activities under this subsection during the first fiscal year of the transfer. (2) Actual changes.--Not later than 24 months after the effective date of the transfer, the Chairman of the Tennessee Valley Authority shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate an itemized list of the amounts of reductions in spending and increases in receipts as a result of activities under this subsection during the first fiscal year of the transfer.
Subtitle D--Funding
(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
This Act may be cited as the ``Interstate 90 Land Exchange Act of 1998''.
(a) Findings.--Congress finds that-- (1) certain parcels of private land located in central and southwest Washington are intermingled with National Forest System land owned by the United States and administered by the Secretary of Agriculture as parts of the Mt. Baker-Snoqualmie National Forest, Wenatchee National Forest, and Gifford Pinchot National Forest; (2) the private land surface estate and some subsurface is owned by the Plum Creek Timber Company, L.P. in an intermingled checkerboard pattern, with the United States or Plum Creek owning alternate square mile sections of land or fractions of square mile sections; (3) the checkerboard land ownership pattern in the area has frustrated sound and efficient land management on both private and National Forest lands by complicating fish and wildlife habitat management, watershed protection, recreation use, road construction and timber harvest, boundary administration, and protection and management of threatened and endangered species and old growth forest habitat; (4) acquisition by the United States of certain parcels of land that have been offered by Plum Creek for addition to the Mt. Baker-Snoqualmie National Forest and Wenatchee National Forest will serve important public objectives, including-- (A) enhancement of public access, aesthetics and recreation opportunities within or near areas of very heavy public recreational use including-- (i) the Alpine Lakes Wilderness Area; (ii) the Pacific Crest Trail; (iii) Snoqualmie Pass; (iv) Cle Elum Lake, Kachess Lake and Keechulus Lake; and (v) other popular recreation areas along the Interstate 90 corridor east of the Seattle-Tacoma Metropolitan Area;
(B) protection and enhancement of old growth forests and habitat for threatened, endangered and sensitive species, including a net gain of approximately 28,500 acres of habitat for the northern spotted owl; (C) consolidation of National Forest holdings for more efficient administration and to meet a broad array of ecosystem protection and other public land management goals, including net public gains of approximately 283 miles of stream ownership, 14 miles of the route of the Pacific Crest Trail, 20,000 acres of unroaded land, and 7,360 acres of riparian land; and (D) a significant reduction in administrative costs to the United States through-- (i) consolidation of Federal land holdings for more efficient land management and planning; (ii) elimination of approximately 300 miles of boundary identification and posting; (iii) reduced right-of-way, special use, and other permit processing and issuance for roads and other facilities on National Forest System land; and (iv) other administrative cost savings; (5) Plum Creek has selected certain parcels of National Forest System land that are logical 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.
In this Act: (1) Offered land.--The term ``offered land'' means all right, title and interest, including the surface and subsurface interests, in land described in section 604(a) to be conveyed into the public ownership of the United States under this Act. (2) Plum creek.--The term ``Plum Creek'' means Plum Creek Timber Company, L.P., a Delaware Limited Partnership, or its successors, heirs, or assigns. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.
(4) Selected land.--The term ``selected land'' means all right, title and interest, including the surface and subsurface interests, unless Plum Creek agrees otherwise, in land described in section 604(b) to be conveyed into the private ownership of Plum Creek under this Act.
(a) Condition and Conveyance of Offered Land.--The exchange directed by this Act shall be consummated if Plum Creek conveys title acceptable to the Secretary in and to the lands described in subsection (d), the offered lands described in paragraphs (1) and (2), or, if necessary, the lands and interests in land as provided in subsection (c). (1) Certain land comprising approximately 8,808 acres and located within the exterior boundaries of the Mt. Baker- Snoqualmie National Forest, Washington, as generally depicted on a map entitled ``Interstate 90 Land Exchange'', dated October 1998; and (2) Certain land comprising approximately 53,576 acres and located within or adjacent to the exterior boundaries of the Wenatchee National Forest, Washington, as generally depicted on a map entitled ``Interstate 90 Land Exchange'', dated October 1998.
(b) Conveyance of Selected Land by the United States.--Upon receipt of acceptable title to the offered land, and lands and interests described in subsection (d), the Secretary shall simultaneously convey to Plum Creek all right, title and interest of the United States, subject to valid existing rights, in and to the following selected land: (1) Certain land administered, as of the date of enactment of this Act, by the Secretary of Agriculture as part of the Mt. Baker-Snoqualmie National Forest, Washington, and comprising approximately 5,697 acres, as generally depicted on a map entitled ``Interstate 90 Land Exchange'', dated October 1998. (2) Certain land administered, as of the date of enactment of this Act, by the Secretary of Agriculture as part of the Wenatchee National Forest, Washington, and comprising approximately 5,197 acres, as generally depicted on a map entitled ``Interstate 90 Land Exchange'', dated October 1998. (3) Certain land administered, as of the date of enactment of this Act, by the Secretary of Agriculture as part of the Gifford Pinchot National Forest, Washington, and comprising approximately 5,601 acres, as generally depicted on a map entitled ``Interstate 90 Land Exchange'', dated October 1998.
(c) Offered Land Title.--If Plum Creek conveys title acceptable to the Secretary to less than all rights and interests in the offered lands, but conveys title acceptable to the Secretary to all rights and interests that Plum Creek owns and acquires under previous agreements in the lands described in subsection (d), the offered lands, and lands on the east and west sides of Cle Elum Lake, comprising approximately 252 acres, described as Township 21 North, Range 14 East, Section 5, and Lost Lake lands comprising approximately 272 acres, described as Township 21 North, Range 11 East, W\1/2\ of Section 3, the Secretary shall convey to Plum Creek all rights and interest in the selected land after the values of the offered and selected land are equalized. The values of the
offered and selected lands shall be equalized as provided in section 605(c)-(e) without regard to the value of lands described in subsection (d) or the Cle Elum or Lost Lake lands. (d) Land Donation.--Plum Creek agrees that it will convey, in the form of a voluntary donation, title acceptable to the Secretary in and to lands and interests in lands comprising approximately 320 acres, described as Township 22 North, Range 11 East, S\1/2\ of Section 13, if Plum Creek conveys title to lands and interests pursuant to subsections (a) or (c). It is the intention of Congress that any portion of such donated land which the Secretary determines qualifies as wilderness be, upon the date of its acquisition by the United States, incorporated in and managed as part of the adjacent Alpine Lakes Wilderness (as designated by Public Law 94- 357) in accordance with section 6(a) of the Wilderness Act (16 U.S.C. 1135).
(a) Equal Value Exchange.-- (1) In general.--The values of the offered and selected land-- (A) shall be equal; or (B) if the values are not equal, shall be equalized as set forth in subsections (c)-(e). (2) Appraisal assumption.--In order to ensure the equitable and uniform appraisal of both the offered and selected land directed for exchange by this Act, all appraisals shall determine the highest and best use of the offered and selected land in accordance with applicable provisions of the Washington State Forest Practices Act and rules and regulations thereunder, including alternative measures for protecting critical habitat pursuant to a habitat conservation plan as provided in Washington Administrative Code 222-16-080-(6). (3) Appraisals.--The values of the offered land and selected land shall be determined by appraisals utilizing nationally recognized appraisal standards, including applicable provisions of the Uniform Appraisal Standards for Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1716(d)). (4) Approval by the Secretary.--The appraisals, if not already completed by the date of enactment of this Act, shall be completed and submitted to the Secretary for approval not later than 180 days after the date of enactment of this Act: Provided, That all timber harvest cease no later than November 30, 1998, except for any cleanup, reforestation, or other post-harvest work which cannot be completed by November 30, 1998. A comprehensive summary of the appraisal consistent with 7 CFR Part 1.11 shall be made available for public inspection in the Office of the Supervisor, Wenatchee National Forest, not less than 30 days nor more than 45 days prior to the exchange of deeds.
(b) Appraisal Period.--After the final appraised values of the offered and selected lands, or any portion of the land, have been approved by the Secretary or otherwise determined under section 206(d) of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the value shall not be reappraised or updated before
consummation of the land exchange, except to account for any timber harvest that might occur after completion of the final appraisal, or for any adjustments under section 606(g). (c) Equalization if Surplus of Offered Land.-- (1) In general.--If the final appraised value of the offered land or lands and interest in lands conveyed by Plum Creek under section 604(c), except for the Cle Elum and Lost Lake lands, exceeds the final appraised value of the selected land, Plum Creek shall delete offered land parcels from the exchange in the exact order each land Section (or offered portion thereof) is listed in paragraph (2) until the values are approximately equal. (2) Order of deletion.--Offered land deletions under paragraph (1) shall be made in the following order: (A) Township 22 North, Range 13 East, Section 31, Willamette Meridian; (B) Township 21 North, Range 11 East, Section 35; (C) Township 19 North, Range 11 East, Section 35; (D) Township 19 North, Range 12 East, Section 1; (E) Township 20 North, Range 11 East, Sections 1 and 13; (F) Township 19 North, Range 12 East, Section 15; (G) Township 20 North, Range 11 East, Section 11; (H) Township 21 North, Range 11 East, Section 27; (I) Township 19 North, Range 13 East, Sections 27 and 15; (J) Township 21 North, Range 11 East, Sections 21 and 25; (K) Township 19 North, Range 11 East, Section 23; (L) Township 19 North, Range 13 East, Sections 21, 9 and 35; (M) Township 20 North, Range 12 East, Sections 35 and 27; (N) Township 19 North, Range 12 East, Section 11; (O) Township 21 North, Range 11 East, Section 17; (P) Township 21 North, Range 11 East, Section 5; (Q) Township 18 North, Range 15 East, Section 3; (R) Township 19 North, Range 14 East, Section 25; (S) Township 19 North, Range 15 East, Sections 29 and 31; and (T) Township 19 North, Range 13 East, Section 7.
(d) Equalization if Surplus of Selected Land.-- (1) In general.--If the final appraised value of the selected land exceeds the final appraised value of the offered land or lands and interest in lands conveyed by Plum Creek under section 604(c), except for the Cle Elum and Lost Lake lands, the Secretary shall delete selected land parcels from the exchange in the exact order each land Section (or selected portion thereof) is listed in paragraph (2) until the values are approximately equal. (2) Order of deletion.--Selected land deletions under paragraph 1 shall be made in the following listed order: (A) the portion of Township 20 North, Range 11 East, Section 30 lying east of the thread of Sawmill Creek; (B) the portion of Township 19 North, Range 11 East, Section 6 lying east of the thread of Sawmill Creek; (C) Township 20 North, Range 11 East, Section 32;
(D) Township 21 North, Range 14 East, Sections 28, 22, 36, 26 and 16; (E) Township 18 North, Range 15 East, Sections 13, 12 and 2; (F) Township 18 North, Range 15 East, Section 1; and (G) Township 18 North, Range 15 East, Section 17, Willamette Meridian.
(e) Once the values of the offered and selected lands are equalized to the maximum extent practicable under subsections (c) or (d), any cash equalization balance due the Secretary or Plum Creek shall be made through cash equalization payments under subsection 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (f) Use of Proceeds by the Secretary.--The amount of any cash equalization payment received by the Secretary under this section shall be retained by the Secretary and shall be used by the Secretary until fully expended to purchase land from willing sellers in the State of Washington for addition to the National Forest System.
(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
access to lands acquired pursuant to this Act over existing primary, secondary, or other national forest system roads as may be needed. (2) Intention.--It is the intention of Congress that Plum Creek have access to all lands it acquires under this Act, and when such access requires construction of new roads, it shall be granted in compliance with the National Environmental Policy Act, the Endangered Species Act, the National Historic Preservation Act, and other applicable laws, rules, and regulations. (3) Access within cost share agreement areas.--Within Cost Share Construction and Use Agreement Areas, Plum Creek and the Secretary will convey road access, at no cost, to the lands acquired by each party upon consummation of the exchange pursuant to this Act in accordance with the appropriate terms and procedures of said cost share construction and use agreements. (4) Access outside cost share agreement areas.--Outside of Cost Share Construction and Use Agreement Areas, the Secretary shall grant Plum Creek road access easements at no cost in a form set out in Forest Service Handbook 2709.12, 35. In the case of new road construction, they shall conform to the Secretary's rules and regulations 36 CFR 251, subpart B, for the roads identified on the map entitled ``Plum Creek Access Road Needs'', dated September 1998, including mitigation under existing law.
(c) Access to Certain Lands Acquired by the United States.--Outside of Cost Share Construction and Use Agreement Areas, Plum Creek shall grant the Secretary road access easements at no cost on the locations identified by the Secretary in a format acceptable to the Secretary. (d) Timing.--It is the intent of Congress that the land exchange authorized and directed by this Act be consummated no later than 270 days after the date of enactment of this Act, unless the Secretary and Plum Creek mutually agree to extend the consummation date. (e) Withdrawal of Selected Land.--Effective upon the date of enactment of this Act, all selected land identified for exchange to Plum Creek under section 604(b) is hereby withdrawn from all forms of entry and appropriation under the U.S. mining and mineral leasing laws, including the Geothermal Steam Act of 1970, until such time as the exchange is consummated, or until a particular parcel or parcels are deleted from the exchange under section 605(d).
(f) Withdrawal of Cle Elum River Lands.--Lands acquired by the Secretary under this Act that are located in Township 23 North, Range 14 East, and Township 22 North, Range 14 East, Willamette Meridian, shall upon the date of their acquisition be permanently withdrawn from all forms of entry and appropriation under the U.S. mining and mineral leasing laws, including the Geothermal Steam Act of 1970. (g) Parcels Subject to Historic or Cultural Resource Restrictions.-- (1) Report to plum creek.--No later than 180 days after enactment of this Act, the Secretary shall complete determinations and consultation under the National Historic Preservation Act and submit a report to Plum Creek and other consulting
parties under the National Historic Preservation Act listing by exact aliquot part description any parcel or parcels of selected land on which cultural properties have been identified and for which protection, use restrictions or mitigation requirements will be imposed. Such report shall include an exact description of each restriction or mitigation action required. (2) Plum creek response.--Within 30 days of receipt of the Secretary's report under paragraph (1), Plum Creek shall notify the Secretary as to: (i) those parcels it will accept subject to the identified use restrictions or mitigation requirements; and (ii) those parcels it will not accept because the restrictions or mitigation requirements are deemed by Plum Creek to be an unacceptable encumbrance on the land. (3) Parcel deletion.--The Secretary shall delete from the selected land those parcels identified by Plum Creek as unacceptable for conveyance under paragraph (2). (4) Appraisal adjustment.--The fair market value of any parcels deleted under paragraph (3), or any modification in fair market value caused by the use restrictions or mitigation requirements on land accepted by Plum Creek, shall be based on their contributory value to the final approved appraised value of the selected land and subtracted from such value prior to consummation of the exchange.
(h) Access Limitation.--The Secretary shall not grant any road easements that would access the offered lands listed in section 604(a) prior to consummation of the exchange: Provided, That this provision shall not apply should either party withdraw from the exchange.
(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.
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.
(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.
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.
(a) Establishment.--Upon conveyance to the United States of the Plum Creek offered lands in the Kelly Butte area, there is hereby established the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie National Forest, Washington, comprising approximately 5,642 acres, as generally depicted on a map entitled ``Kelly Butte Special Management Area'', dated October 1998. (b) Management.--The Kelly Butte Special Management Area shall be managed by the Secretary in accordance with the laws, rules and regulations generally applicable to National Forest System lands, and subject to the following additional provisions:
(1) the Area shall be managed with special emphasis on: (A) preserving its natural character and protecting and enhancing water quality in the upper Green River watershed; (B) permitting hunting and fishing; (C) providing opportunities for primitive and semi- primitive recreation and scientific research and study; (D) protecting and enhancing populations of fish, wildlife and native plant species; and (E) allowing for traditional uses by native American peoples; (2) commercial timber harvest and road construction shall be prohibited; (3) the Area shall be closed to the use of motor vehicles, except as may be necessary for administrative purposes or in emergencies (including rescue operations) to protect public health and safety; and (4) the Area shall, subject to valid existing rights, be permanently withdrawn from all forms of entry and appropriation under the U.S. mining laws and mineral leasing laws, including the Geothermal Steam Act of 1970.
(c) No Buffer Zones.--Congress does not intend that the designation of the Kelly Butte Special Management Area lead to the creation of protective perimeters or buffer zones around the Area. The fact that non-compatible activities or uses can be seen or heard from within the Kelly Butte Special Management Area shall not, of itself, preclude such activities or uses up to the boundary of the Area.
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
This title may be cited as the ``Indian Tribal Tort Claims and Risk Management Act of 1998''.
(a) Findings.--Congress finds that-- (1) Indian tribes have made significant achievements toward developing a foundation for economic self-sufficiency and self- determination, and that economic self-sufficiency and self- determination have increased opportunities for the Indian tribes and other entities and persons to interact more frequently in commerce and intergovernmental relationships; (2) although Indian tribes have sought and secured liability insurance coverage to meet their needs, many Indian tribes are faced with significant barriers to obtaining liability insurance because of the high cost or unavailability of such coverage in the private market;
(3) as a result, Congress has extended liability coverage provided to Indian tribes to organizations to carry out activities under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (4) there is an emergent need for comprehensive and cost- efficient insurance that allows the economy of Indian tribes to continue to grow and provides compensation to persons that may suffer personal injury or loss of property.
(b) Purpose.--The purpose of this title is to provide for a study to facilitate relief for a person who is injured as a result of an official action of a tribal government.
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)).
(a) In General.-- (1) Study.--In order to minimize and, if possible, eliminate redundant or duplicative liability insurance coverage and to ensure that the provision of insurance to Indian tribes is cost- effective, the Secretary shall conduct a comprehensive survey of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. (2) Contents of study.--The study conducted under this subsection shall include-- (A) an analysis of loss data; (B) risk assessments; (C) projected exposure to liability, and related matters; and (D) the category of risk and coverage involved, which may include-- (i) general liability; (ii) automobile liability; (iii) the liability of officials of the Indian tribe; (iv) law enforcement liability; (v) workers' compensation; and (vi) other types of liability contingencies. (3) Assessment of coverage by categories of risk.--For each Indian tribe, for each category of risk identified under paragraph (2), the Secretary, in conducting the study, shall determine whether insurance coverage or coverage under chapter 171 of title 28, United States Code, applies to that Indian tribe for that activity.
(b) Report.--Not later than June 1, 1999, and annually thereafter, the Secretary shall submit a report to Congress that contains legislative recommendations that the Secretary determines to-- (1) be appropriate to improve the provision of insurance coverage to Indian tribes; or
(2) otherwise achieve the purpose of providing relief to persons who are injured as a result of an official action of a tribal government.
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
Title IV—RELATED AGENCIES
Title V—GENERAL PROVISIONS
Title VI—NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
Title VII—MISCELLANEOUS PROVISIONS
Title VIII—READING EXCELLENCE ACT
(a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating parts C and D as parts D and E, respectively; and (2) by inserting after part B the following:
``PART C--READING AND LITERACY GRANTS
``SEC. 2251. PURPOSES.
``The purposes of this part are as follows: ``(1) To provide children with the readiness skills they need to learn to read once they enter school. ``(2) To teach every child to read in the child's early childhood years--
``(A) as soon as the child is ready to read; or ``(B) as soon as possible once the child enters school, but not later than 3d grade. ``(3) To improve the reading skills of students, and the instructional practices for current teachers (and, as appropriate, other instructional staff) who teach reading, through the use of findings from scientifically based reading research, including findings relating to phonemic awareness, systematic phonics, fluency, and reading comprehension. ``(4) To expand the number of high-quality family literacy programs. ``(5) To provide early literacy intervention to children who are experiencing reading difficulties in order to reduce the number of children who are incorrectly identified as a child with a disability and inappropriately referred to special education.
``SEC. 2252. DEFINITIONS.
``For purposes of this part: ``(1) Eligible professional development provider.--The term `eligible professional development provider' means a provider of professional development in reading instruction to teachers that is based on scientifically based reading research. ``(2) Family literacy services.--The term `family literacy services' means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: ``(A) Interactive literacy activities between parents and their children. ``(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. ``(C) Parent literacy training that leads to economic self-sufficiency. ``(D) An age-appropriate education to prepare children for success in school and life experiences. ``(3) Instructional staff.--The term `instructional staff'-- ``(A) means individuals who have responsibility for teaching children to read; and ``(B) includes principals, teachers, supervisors of instruction, librarians, library school media specialists, teachers of academic subjects other than reading, and other individuals who have responsibility for assisting children to learn to read. ``(4) Reading.--The term `reading' means a complex system of deriving meaning from print that requires all of the following: ``(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. ``(B) The ability to decode unfamiliar words. ``(C) The ability to read fluently. ``(D) Sufficient background information and vocabulary to foster reading comprehension. ``(E) The development of appropriate active strategies to construct meaning from print. ``(F) The development and maintenance of a motivation to read.
``(5) Scientifically based reading research.--The term `scientifically based reading research'-- ``(A) means the application of rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and ``(B) shall include research that-- ``(i) employs systematic, empirical methods that draw on observation or experiment; ``(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; ``(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and ``(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.
``SEC. 2253. READING AND LITERACY GRANTS TO STATE EDUCATIONAL AGENCIES.
``(a) Program Authorized.-- ``(1) In general.--Subject to the provisions of this part, the Secretary shall award grants to State educational agencies to carry out the reading and literacy activities authorized under this section and sections 2254 through 2256. ``(2) Limitations.-- ``(A) Single grant per state.--A State educational agency may not receive more than one grant under paragraph (1). ``(B) 3-year term.--A State educational agency that receives a grant under paragraph (1) may expend the funds provided under the grant only during the 3-year period beginning on the date on which the grant is made.
``(b) Application.-- ``(1) In general.--A State educational agency that desires to receive a grant under this part shall submit an application to the Secretary at such time and in such form as the Secretary may require. The application shall contain the information described in paragraph (2). ``(2) Contents.--An application under this subsection shall contain the following: ``(A) An assurance that the Governor of the State, in consultation with the State educational agency, has established a reading and literacy partnership described in subsection (d), and a description of how such partnership-- ``(i) assisted in the development of the State plan; ``(ii) will be involved in advising on the selection of subgrantees under sections 2255 and 2256; and ``(iii) will assist in the oversight and evaluation of such subgrantees. ``(B) A description of the following: ``(i) How the State educational agency will ensure that professional development activities related to reading instruction and provided under this part are--
``(I) coordinated with other State and local level funds and used effectively to improve instructional practices for reading; and ``(II) based on scientifically based reading research. ``(ii) How the activities assisted under this part will address the needs of teachers and other instructional staff, and will effectively teach students to read, in schools receiving assistance under section 2255 and 2256. ``(iii) The extent to which the activities will prepare teachers in all the major components of reading instruction (including phonemic awareness, systematic phonics, fluency, and reading comprehension). ``(iv) How the State educational agency will use technology to enhance reading and literacy professional development activities for teachers, as appropriate. ``(v) How parents can participate in literacy- related activities assisted under this part to enhance their children's reading. ``(vi) How subgrants made by the State educational agency under sections 2255 and 2256 will meet the requirements of this part, including how the State educational agency will ensure that subgrantees will use practices based on scientifically based reading research. ``(vii) How the State educational agency will, to the extent practicable, make grants to subgrantees in both rural and urban areas. ``(viii) The process that the State used to establish the reading and literacy partnership described in subsection (d). ``(C) An assurance that each local educational agency to which the State educational agency makes a subgrant-- ``(i) will provide professional development for the classroom teacher and other appropriate instructional staff on the teaching of reading based on scientifically based reading research; ``(ii) will provide family literacy services based on programs such as the Even Start family literacy model authorized under part B of title I, to enable parents to be their child's first and most important teacher; ``(iii) will carry out programs to assist those kindergarten students who are not ready for the transition to first grade, particularly students experiencing difficulty with reading skills; and ``(iv) will use supervised individuals (including tutors), who have been appropriately trained using scientifically based reading research, to provide additional support, before school, after school, on weekends, during noninstructional periods of the school day, or during the summer, for children preparing to enter kindergarten and students in kindergarten through grade 3 who are experiencing difficulty reading. ``(D) An assurance that instruction in reading will be provided to children with reading difficulties who--
``(i) are at risk of being referred to special education based on these difficulties; or ``(ii) have been evaluated under section 614 of the Individuals with Disabilities Education Act but, in accordance with section 614(b)(5) of such Act, have not been identified as being a child with a disability (as defined in section 602 of the such Act). ``(E) A description of how the State educational agency-- ``(i) will build on, and promote coordination among, literacy programs in the State (including federally funded programs such as the Adult Education and Family Literacy Act and the Individuals with Disabilities Education Act), in order to increase the effectiveness of the programs in improving reading for adults and children and to avoid duplication of the efforts of the programs; ``(ii) will promote reading and library programs that provide access to engaging reading material; ``(iii) will make local educational agencies described in sections 2255(a)(1) and 2256(a)(1) aware of the availability of subgrants under sections 2255 and 2256; and ``(iv) will assess and evaluate, on a regular basis, local educational agency activities assisted under this part, with respect to whether they have been effective in achieving the purposes of this part. ``(F) A description of the evaluation instrument the State educational agency will use for purposes of the assessments and evaluations under subparagraph (E)(iv).
``(c) Approval of Applications.-- ``(1) In general.--The Secretary shall approve an application of a State educational agency under this section only-- ``(A) if such application meets the requirement of this section; and ``(B) after taking into account the extent to which the application furthers the purposes of this part and the overall quality of the application. ``(2) Peer review.-- ``(A) In general.--The Secretary, in consultation with the National Institute for Literacy, shall convene a panel to evaluate applications under this section. At a minimum, the panel shall include-- ``(i) representatives of the National Institute for Literacy, the National Research Council of the National Academy of Sciences, and the National Institute of Child Health and Human Development; ``(ii) 3 individuals selected by the Secretary; ``(iii) 3 individuals selected by the National Institute for Literacy; ``(iv) 3 individuals selected by the National Research Council of the National Academy of Sciences; and ``(v) 3 individuals selected by the National Institute of Child Health and Human Development. ``(B) Experts.--The panel shall include experts who are competent, by virtue of their training, expertise, or
experience, to evaluate applications under this section, and experts who provide professional development to teachers of reading to children and adults, and experts who provide professional development to other instructional staff, based on scientifically based reading research. ``(C) Priority.--The panel shall recommend grant applications from State educational agencies under this section to the Secretary for funding or for disapproval. In making such recommendations, the panel shall give priority to applications from State educational agencies whose States have modified, are modifying, or provide an assurance that not later than 18 months after receiving a grant under this section the State educational agencies will increase the training and the methods of teaching reading required for certification as an elementary school teacher to reflect scientifically based reading research, except that nothing in this Act shall be construed to establish a national system of teacher certification. ``(D) Minimum grant amounts.-- ``(i) States.--Each State educational agency selected to receive a grant under this section shall receive an amount for the grant period that is not less than $500,000. ``(ii) Outlying areas.--The Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands selected to receive a grant under this section shall receive an amount for the grant period that is not less than $100,000. ``(E) Limitation.--The Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall not be eligible to receive a grant under this part.
``(d) Reading and Literacy Partnerships.-- ``(1) Required participants.--In order for a State educational agency to receive a grant under this section, the Governor of the State, in consultation with the State educational agency, shall establish a reading and literacy partnership consisting of at least the following participants: ``(A) The Governor of the State. ``(B) The chief State school officer. ``(C) The chairman and the ranking member of each committee of the State legislature that is responsible for education policy. ``(D) A representative, selected jointly by the Governor and the chief State school officer, of at least one local educational agency that is eligible to receive a subgrant under section 2255. ``(E) A representative, selected jointly by the Governor and the chief State school officer, of a community-based organization working with children to improve their reading skills, particularly a community- based organization using tutors and scientifically based reading research. ``(F) State directors of appropriate Federal or State programs with a strong reading component. ``(G) A parent of a public or private school student or a parent who educates their child or children in their
home, selected jointly by the Governor and the chief State school officer. ``(H) A teacher who successfully teaches reading and an instructional staff member, selected jointly by the Governor and the chief State school officer. ``(I) A family literacy service provider selected jointly by the Governor and the chief State school officer. ``(2) Optional participants.--A reading and literacy partnership may include additional participants, who shall be selected jointly by the Governor and the chief State school officer, and who may include a representative of-- ``(A) an institution of higher education operating a program of teacher preparation based on scientifically based reading research in the State; ``(B) a local educational agency; ``(C) a private nonprofit or for-profit eligible professional development provider providing instruction based on scientifically based reading research; ``(D) an adult education provider; ``(E) a volunteer organization that is involved in reading programs; or ``(F) a school library or a public library that offers reading or literacy programs for children or families. ``(3) Preexisting partnership.--If, before the date of the enactment of the Reading Excellence Act, a State established a consortium, partnership, or any other similar body, that includes the Governor and the chief State school officer and has, as a central part of its mission, the promotion of literacy for children in their early childhood years through the 3d grade and family literacy services, but that does not satisfy the requirements of paragraph (1), the State may elect to treat that consortium, partnership, or body as the reading and literacy partnership for the State notwithstanding such paragraph, and it shall be considered a reading and literacy partnership for purposes of the other provisions of this part.
``SEC. 2254. USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES.
``A State educational agency that receives a grant under section 2253-- ``(1) shall use not more than 5 percent of the funds made available under the grant for the administrative costs of carrying out this part (excluding section 2256), of which not more than 2 percent may be used to carry out section 2259; and ``(2) shall use not more than 15 percent of the funds made available under the grant to solicit applications for, award, and oversee the performance of, not less than one subgrant pursuant to section 2256.
``SEC. 2255. LOCAL READING IMPROVEMENT SUBGRANTS.
``(a) In General.-- ``(1) Subgrants.--A State educational agency that receives a grant under section 2253 shall make subgrants, on a competitive basis, to local educational agencies that either-- ``(A) have at least one school that is identified for school improvement under section 1116(c) in the geographic area served by the agency; ``(B) have the largest, or second largest, number of children who are counted under section 1124(c), in
comparison to all other local educational agencies in the State; or ``(C) have the highest, or second highest, school- age child poverty rate, in comparison to all other local educational agencies in the State. For purposes of subparagraph (C), the term `school-age child poverty rate' means the number of children counted under section 1124(c) who are living within the geographic boundaries of the local educational agency, expressed as a percentage of the total number of children aged 5-17 years living within the geographic boundaries of the local educational agency. ``(2) Subgrant amount.--A subgrant under this section shall consist of an amount sufficient to enable the subgrant recipient to operate a program for a 2-year period and may not be revoked or terminated on the grounds that a school ceases, during the grant period, to meet the requirements of subparagraph (A), (B), or (C) of paragraph (1).
``(b) Applications.--A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and including such information as the agency may require. The application-- ``(1) shall describe how the local educational agency will work with schools selected by the agency to receive assistance under subsection (d)(1)-- ``(A) to select one or more programs of reading instruction, developed using scientifically based reading research, to improve reading instruction by all academic teachers for all children in each of the schools selected by the agency under such subsection and, where appropriate, for their parents; and ``(B) to enter into an agreement with a person or entity responsible for the development of each program selected under subparagraph (A), or a person with experience or expertise about the program and its implementation, under which the person or entity agrees to work with the local educational agency and the schools in connection with such implementation and improvement efforts; ``(2) shall include an assurance that the local educational agency-- ``(A) will carry out professional development for the classroom teacher and other instructional staff on the teaching of reading based on scientifically based reading research; ``(B) will provide family literacy services based on programs such as the Even Start family literacy model authorized under part B of title I, to enable parents to be their child's first and most important teacher; ``(C) will carry out programs to assist those kindergarten students who are not ready for the transition to first grade, particularly students experiencing difficulty with reading skills; and ``(D) will use supervised individuals (including tutors), who have been appropriately trained using scientifically based reading research, to provide additional support, before school, after school, on weekends, during noninstructional periods of the school day, or during the summer,
for children preparing to enter kindergarten and students in kindergarten through grade 3 who are experiencing difficulty reading; ``(3) shall describe how the applicant will ensure that funds available under this part, and funds available for reading instruction for kindergarten through grade 6 from other appropriate sources, are effectively coordinated, and, where appropriate, integrated with funds under this Act in order to improve existing activities in the areas of reading instruction, professional development, program improvement, parental involvement, technical assistance, and other activities that can help meet the purposes of this part; ``(4) shall describe, if appropriate, how parents, tutors, and early childhood education providers will be assisted by, and participate in, literacy-related activities receiving financial assistance under this part to enhance children's reading fluency; ``(5) shall describe how the local educational agency-- ``(A) provides instruction in reading to children with reading difficulties who-- ``(i) are at risk of being referred to special education based on these difficulties; or ``(ii) have been evaluated under section 614 of the Individuals with Disabilities Education Act but, in accordance with section 614(b)(5) of such Act, have not been identified as being a child with a disability (as defined in section 602 of the such Act); and ``(B) will promote reading and library programs that provide access to engaging reading material; and ``(6) shall include an assurance that the local educational agency will make available, upon request and in an understandable and uniform format, to any parent of a student attending any school selected to receive assistance under subsection (d)(1) in the geographic area served by the local educational agency, information regarding the professional qualifications of the student's classroom teacher to provide instruction in reading.
``(c) Special Rule.--To the extent feasible, a local educational agency that desires to receive a grant under this section shall form a partnership with one or more community-based organizations of demonstrated effectiveness in early childhood literacy, and reading readiness, reading instruction, and reading achievement for both adults and children, such as a Head Start program, family literacy program, public library, or adult education program, to carry out the functions described in paragraphs (1) through (6) of subsection (b). In evaluating subgrant applications under this section, a State educational agency shall consider whether the applicant has satisfied the requirement in the preceding sentence. If not, the applicant must provide information on why it would not have been feasible for the applicant to have done so. ``(d) Use of Funds.-- ``(1) In general.--Subject to paragraph (2), a local educational agency that receives a subgrant under this section shall use amounts from the subgrant to carry out activities to advance reform of reading instruction in any school that (A) is described in subsection (a)(1)(A), (B) has the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other schools in the local educational agency, or (C) has the highest, or second highest,
school-age child poverty rate (as defined in the second sentence of subsection (a)(1)), in comparison to all other schools in the local educational agency. Such activities shall include the following: ``(A) Securing technical and other assistance from-- ``(i) a program of reading instruction based on scientifically based reading research; ``(ii) a person or entity with experience or expertise about such program and its implementation, who has agreed to work with the recipient in connection with its implementation; or ``(iii) a program providing family literacy services. ``(B) Providing professional development activities to teachers and other instructional staff (including training of tutors), using scientifically based reading research and purchasing of curricular and other supporting materials. ``(C) Promoting reading and library programs that provide access to engaging reading material. ``(D) Providing, on a voluntary basis, training to parents of children enrolled in a school selected to receive assistance under subsection (d)(1) on how to help their children with school work, particularly in the development of reading skills. Such training may be provided directly by the subgrant recipient, or through a grant or contract with another person. Such training shall be consistent with reading reforms taking place in the school setting. No parent shall be required to participate in such training. ``(E) Carrying out family literacy services based on programs such as the Even Start family literacy model authorized under part B of title I, to enable parents to be their child's first and most important teacher. ``(F) Providing instruction for parents of children enrolled in a school selected to receive assistance under subsection (d)(1), and others who volunteer to be reading tutors for such children, in the instructional practices based on scientifically based reading research used by the applicant. ``(G) Programs to assist those kindergarten students enrolled in a school selected to receive assistance under subsection (d)(1) who are not ready for the transition to first grade, particularly students experiencing difficulty with reading skills. ``(H) Providing additional support for children preparing to enter kindergarten and students in kindergarten through grade 3 who are enrolled in a school selected to receive assistance under subsection (d)(1), who are experiencing difficulty reading, before school, after school, on weekends, during noninstructional periods of the school day, or during the summer, using supervised individuals (including tutors), who have been appropriately trained using scientifically based reading research. ``(I) Providing instruction in reading to children with reading difficulties who-- ``(i) are at risk of being referred to special education based on these difficulties; or ``(ii) have been evaluated under section 614 of the Individuals with Disabilities Education Act but, in
accordance with section 614(b)(5) of such Act, have not been identified as being a child with a disability (as defined in section 602 of the such Act). ``(J) Providing coordination of reading, library, and literacy programs within the local educational agency to avoid duplication and increase the effectiveness of reading, library, and literacy activities. ``(2) Limitation on administrative expenses.--A recipient of a subgrant under this section may use not more than 5 percent of the subgrant funds for administrative costs.
``(e) Training Nonrecipients.--A recipient of a subgrant under this section may train, on a fee-for-service basis, personnel from schools, or local educational agencies, that are not a beneficiary of, or receiving, such a subgrant, in the instructional practices based on scientifically based reading research used by the recipient. Such a nonrecipient school or agency may use funds received under title I of this Act, and other appropriate Federal funds used for reading instruction, to pay for such training, to the extent consistent with the law under which such funds were received.
``SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS.
``(a) In General.-- ``(1) Subgrants.--Except as provided in paragraph (4), a State educational agency that receives a grant under section 2253 shall make at least one subgrant on a competitive basis to-- ``(A) local educational agencies that have at least one school in the geographic area served by the agency that-- ``(i) is located in an area designated as an empowerment zone under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986; or ``(ii) is located in an area designated as an enterprise community under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986; ``(B) local educational agencies that have at least one school that is identified for school improvement under section 1116(c) in the geographic area served by the agency; ``(C) local educational agencies with the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other local educational agencies in the State; or ``(D) local educational agencies with the highest, or second highest, school-age child poverty rate, in comparison to all other local educational agencies in the State. For purposes of subparagraph (D), the term `school-age child poverty rate' means the number of children counted under section 1124(c) who are living within the geographic boundaries of the local educational agency, expressed as a percentage of the total number of children aged 5-17 years living within the geographic boundaries of the local educational agency. ``(2) Notification.-- ``(A) To local educational agencies.--A State educational agency shall provide notice to all local educational agencies within the State regarding the availability of the subgrants under this section. ``(B) To providers and parents.--Not later than 30 days after the date on which the State educational agency
provides notice under subparagraph (A), each local educational agency described in paragraph (1) shall, as a condition on the agency's receipt of funds made available under title I of this Act, provide public notice to potential providers of tutorial assistance operating in the jurisdiction of the agency, and parents residing in such jurisdiction, regarding the availability of the subgrants under this section. ``(3) Application.--A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and including such information as the agency may require. The application shall include an assurance that the local educational agency will use the subgrant funds to carry out the duties described in subsection (b) for children enrolled in any school selected by the agency that (A) is described in paragraph (1)(A), (B) is described in paragraph (1)(B), (C) has the largest, or second largest, number of children who are counted under section 1124(c), in comparison to all other schools in the local educational agency, or (D) has the highest, or second highest, school-age child poverty rate (as defined in the second sentence of paragraph (1)), in comparison to all other schools in the local educational agency. ``(4) Exception.--If no local educational agency within the State submits an application to receive a subgrant under this section within the 6-month period beginning on the date on which the State educational agency provided notice to the local educational agencies regarding the availability of the subgrants, the State educational agency may use funds otherwise reserved under 2254(2) for the purpose of providing local reading improvement subgrants under section 2255 if the State educational agency certifies to the Secretary that the requirements of paragraph (2) have been met and each local educational agency in the State described in subparagraph (B) of such paragraph has demonstrated to the State educational agency that no provider of tutorial assistance described in such subparagraph requested the local educational agency to submit under paragraph (3) an application for a tutorial assistance subgrant.
``(b) Use of Funds.-- ``(1) In general.--A local educational agency that receives a subgrant under this section shall carry out, using the funds provided under the subgrant, each of the duties described in paragraph (2). ``(2) Duties.--The duties described in this paragraph are the provision of tutorial assistance in reading, before school, after school, on weekends, or during the summer, to children who have difficulty reading, using instructional practices based on scientifically based reading research, through the following: ``(A) The creation and implementation of objective criteria to determine in a uniform manner the eligibility of tutorial assistance providers and tutorial assistance programs desiring to provide tutorial assistance under the subgrant. Such criteria shall include the following: ``(i) A record of effectiveness with respect to reading readiness, reading instruction for children in
kindergarten through 3d grade, and early childhood literacy, as appropriate. ``(ii) Location in a geographic area convenient to the school or schools attended by the children who will be receiving tutorial assistance. ``(iii) The ability to provide tutoring in reading to children who have difficulty reading, using instructional practices based on scientifically based reading research and consistent with the reading instructional methods and content used by the school the child attends. ``(B) The provision, to parents of a child eligible to receive tutorial assistance pursuant to this section, of multiple choices among tutorial assistance providers and tutorial assistance programs determined to be eligible under the criteria described in subparagraph (A). Such choices shall include a school-based program and at least one tutorial assistance program operated by a provider pursuant to a contract with the local educational agency. ``(C) The development of procedures-- ``(i) for the provision of information to parents of an eligible child regarding such parents' choices for tutorial assistance for the child; ``(ii) for considering children for tutorial assistance who are identified under subparagraph (D) and for whom no parent has selected a tutorial assistance provider or tutorial assistance program that give such parents additional opportunities to select a tutorial assistance provider or tutorial assistance program referred to in subparagraph (B); and ``(iii) that permit a local educational agency to recommend a tutorial assistance provider or tutorial assistance program in a case where a parent asks for assistance in the making of such selection. ``(D) The development of a selection process for providing tutorial assistance in accordance with this paragraph that limits the provision of assistance to children identified, by the school the child attends, as having difficulty reading, including difficulty mastering phonemic awareness, systematic phonics, fluency, and reading comprehension. ``(E) The development of procedures for selecting children to receive tutorial assistance, to be used in cases where insufficient funds are available to provide assistance with respect to all children identified by a school under subparagraph (D), that-- ``(i) give priority to children who are determined, through State or local reading assessments, to be most in need of tutorial assistance; and ``(ii) give priority, in cases where children are determined, through State or local reading assessments, to be equally in need of tutorial assistance, based on a random selection principle. ``(F) The development of a methodology by which payments are made directly to tutorial assistance providers who are identified and selected pursuant to this section and selected for funding. Such methodology shall include the making of a contract, consistent with State and local
law, between the provider and the local educational agency. Such contract shall satisfy the following requirements: ``(i) It shall contain specific goals and timetables with respect to the performance of the tutorial assistance provider. ``(ii) It shall require the tutorial assistance provider to report to the local educational agency on the provider's performance in meeting such goals and timetables. ``(iii) It shall specify the measurement techniques that will be used to evaluate the performance of the provider. ``(iv) It shall require the provider to meet all applicable Federal, State, and local health, safety, and civil rights laws. ``(v) It shall ensure that the tutorial assistance provided under the contract is consistent with reading instruction and content used by the local educational agency. ``(vi) It shall contain an agreement by the provider that information regarding the identity of any child eligible for, or enrolled in the program, will not be publicly disclosed without the permission of a parent of the child. ``(vii) It shall include the terms of an agreement between the provider and the local educational agency with respect to the provider's purchase and maintenance of adequate general liability insurance. ``(viii) It shall contain provisions with respect to the making of payments to the provider by the local educational agency. ``(G) The development of procedures under which the local educational agency carrying out this paragraph-- ``(i) will ensure oversight of the quality and effectiveness of the tutorial assistance provided by each tutorial assistance provider that is selected for funding; ``(ii) will provide for the termination of contracts with ineffective and unsuccessful tutorial assistance providers (as determined by the local educational agency based upon the performance of the provider with respect to the goals and timetables contained in the contract between the agency and the provider under subparagraph (F)); ``(iii) will provide to each parent of a child identified under subparagraph (D) who requests such information for the purpose of selecting a tutorial assistance provider for the child, in a comprehensible format, information with respect to the quality and effectiveness of the tutorial assistance referred to in clause (i); ``(iv) will ensure that each school identifying a child under subparagraph (D) will provide upon request, to a parent of the child, assistance in selecting, from among the tutorial assistance providers who are identified pursuant to subparagraph (B) the provider who is best able to meet the needs of the child; ``(v) will ensure that parents of a child receiving tutorial assistance pursuant to this section are
informed of their child's progress in the tutorial program; and ``(vi) will ensure that it does not disclose the name of any child who may be eligible for tutorial assistance pursuant to this section, the name of any parent of such a child, or any other personally identifiable information about such a parent or child, to any tutorial assistance provider (excluding the agency itself), without the prior written consent of such parent.
``SEC. 2257. NATIONAL EVALUATION.
``From funds reserved under section 2260(b)(1), the Secretary, through grants or contracts, shall conduct a national assessment of the programs under this part. In developing the criteria for the assessment, the Secretary shall receive recommendations from the peer review panel convened under section 2253(c)(2).
``SEC. 2258. INFORMATION DISSEMINATION.
``(a) In General.--From funds reserved under section 2260(b)(2), the National Institute for Literacy shall disseminate information on scientifically based reading research and information on subgrantee projects under section 2255 or 2256 that have proven effective. At a minimum, the institute shall disseminate such information to all recipients of Federal financial assistance under titles I and VII of this Act, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act. ``(b) Coordination.--In carrying out this section, the National Institute for Literacy-- ``(1) shall use, to the extent practicable, information networks developed and maintained through other public and private persons, including the Secretary, the National Center for Family Literacy, and the Readline Program; ``(2) shall work in conjunction with any panel convened by the National Institute of Child Health and Human Development and the Secretary and any panel convened by the Office of Educational Research and Improvement to assess the current status of research-based knowledge on reading development, including the effectiveness of various approaches to teaching children to read, with respect to determining the criteria by which the National Institute for Literacy judges scientifically based reading research and the design of strategies to disseminate such information; and ``(3) may assist any State educational agency selected to receive a grant under section 2253, and that requests such assistance-- ``(A) in determining whether applications submitted under section 2253 meet the requirements of this title relating to scientifically based reading research; and ``(B) in the development of subgrant application forms.
``SEC. 2259. STATE EVALUATIONS; PERFORMANCE REPORTS.
``(a) State Evaluations.-- ``(1) In general.--Each State educational agency that receives a grant under section 2253 shall evaluate the success of the agency's subgrantees in meeting the purposes of this part. At a minimum, the evaluation shall measure the extent to which students who are the intended beneficiaries of the
subgrants made by the agency have improved their reading skills. ``(2) Contract.--A State educational agency shall carry out the evaluation under this subsection by entering into a contract with an entity that conducts scientifically based reading research, under which contract the entity will perform the evaluation. ``(3) Submission.--A State educational agency shall submit the findings from the evaluation under this subsection to the Secretary. The Secretary shall submit a summary of the findings from the evaluations under this subsection and the national assessment conducted under section 2257 to the appropriate committees of the Congress, including the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate.
``(b) Performance Reports.--A State educational agency that receives a grant under section 2253 shall submit performance reports to the Secretary pursuant to a schedule to be determined by the Secretary, but not more frequently than annually. Such reports shall include-- ``(1) with respect to subgrants under section 2255, the program or programs of reading instruction, based on scientifically based reading research, selected by subgrantees; ``(2) the results of use of the evaluation referred to in section 2253(b)(2)(E)(iv); and ``(3) a description of the subgrantees receiving funds under this part.
``SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; <<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
Secondary Education Act of 1965 (20 U.S.C. 6646) is amended by inserting ``(other than part C)'' after ``for this title'' each place such term appears. (3) Reporting and accountability.--Section 2401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701) is amended by striking ``under this part'' each place such term appears and inserting ``under this title (other than part C)''. (4) Definitions.--Section 2402 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701) is amended by striking ``this part--'' and inserting ``this title (other than part C)--''. (5) General definitions.--Section 14101(10)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(10)(C)) is amended by striking ``part C'' and inserting ``part D''. (6) Participation by private school children and teachers.-- Section 14503(b)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8893(b)(1)(B)) is amended by striking ``part C'' and inserting ``part D''.
SUBTITLE II--AMENDMENTS TO EVEN START FAMILY LITERACY PROGRAMS
Section 1202(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6362(c)) is amended to read as follows: ``(c) Reservation for Grants.-- ``(1) Grants authorized.--From funds reserved under section 2260(b)(3), the Secretary shall award grants, on a competitive basis, to States to enable such States to plan and implement statewide family literacy initiatives to coordinate and, where appropriate, integrate existing Federal, State, and local literacy resources consistent with the purposes of this part. Such coordination and integration shall include funds available under the Adult Education and Family Literacy Act, the Head Start Act, this part, part A of this title, and part A of title IV of the Social Security Act. ``(2) Consortia.-- ``(A) Establishment.--To receive a grant under this subsection, a State shall establish a consortium of State-level programs under the following laws: ``(i) This title (other than part D). ``(ii) The Head Start Act. ``(iii) The Adult Education and Family Literacy Act. ``(iv) All other State-funded preschool programs and programs providing literacy services to adults. ``(B) Plan.--To receive a grant under this subsection, the consortium established by a State shall create a plan to use a portion of the State's resources, derived from the programs referred to in subparagraph (A), to strengthen and expand family literacy services in such State. ``(C) Coordination with part c of title ii.--The consortium shall coordinate its activities with the activities of the reading and literacy partnership for the State
established under section 2253(d), if the State educational agency receives a grant under section 2253. ``(3) Reading instruction.--Statewide family literacy initiatives implemented under this subsection shall base reading instruction on scientifically based reading research (as such term is defined in section 2252). ``(4) Technical assistance.--The Secretary shall provide, directly or through a grant or contract with an organization with experience in the development and operation of successful family literacy services, technical assistance to States receiving a grant under this subsection. ``(5) Matching requirement.--The Secretary shall not make a grant to a State under this subsection unless the State agrees that, with respect to the costs to be incurred by the eligible consortium in carrying out the activities for which the grant was awarded, the State will make available non-Federal contributions in an amount equal to not less than the Federal funds provided under the grant.''.
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.
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.''.
(a) In General.--The Elementary and Secondary Education Act of 1965 is amended--
(1) by redesignating section 1210 as section 1212; and (2) by inserting after section 1209 the following:
``SEC. 1210. INDICATORS OF PROGRAM QUALITY.
``Each State receiving funds under this part shall develop, based on the best available research and evaluation data, indicators of program quality for programs assisted under this part. Such indicators shall be used to monitor, evaluate, and improve such programs within the State. Such indicators shall include the following: ``(1) With respect to eligible participants in a program who are adults-- ``(A) achievement in the areas of reading, writing, English language acquisition, problem solving, and numeracy; ``(B) receipt of a high school diploma or a general equivalency diploma; ``(C) entry into a postsecondary school, job retraining program, or employment or career advancement, including the military; and ``(D) such other indicators as the State may develop. ``(2) With respect to eligible participants in a program who are children-- ``(A) improvement in ability to read on grade level or reading readiness; ``(B) school attendance; ``(C) grade retention and promotion; and ``(D) such other indicators as the State may develop.''.
(b) State Level Activities.--Section 1203(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6363(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) carrying out section 1210.''.
(c) Award of Subgrants.--Paragraphs (3) and (4) of section 1208(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368) are amended to read as follows: ``(3) Continuing eligibility.--In awarding subgrant funds to continue a program under this part for the second, third, or fourth year, the State educational agency shall evaluate the program based on the indicators of program quality developed by the State under section 1210. Such evaluation shall take place after the conclusion of the startup period, if any. ``(4) Insufficient progress.--The State educational agency may refuse to award subgrant funds if such agency finds that the eligible entity has not sufficiently improved the performance of the program, as evaluated based on the indicators of program quality developed by the State under section 1210, after-- ``(A) providing technical assistance to the eligible entity; and ``(B) affording the eligible entity notice and an opportunity for a hearing.''.
The Elementary and Secondary Education Act of 1965, as amended by section 204 of this Act, is further amended by inserting after section 1210 the following:
``SEC. 1211. RESEARCH.
``(a) In General.--The Secretary shall carry out, through grant or contract, research into the components of successful family literacy services, to use-- ``(1) to improve the quality of existing programs assisted under this part or other family literacy programs carried out under this Act or the Adult Education and Family Literacy Act; and ``(2) to develop models for new programs to be carried out under this Act or the Adult Education and Family Literacy Act.
``(b) Dissemination.--The National Institute for Literacy shall disseminate, pursuant to section 2258, the results of the research described in subsection (a) to States and recipients of subgrants under this part.''.
SUBTITLE III--REPEALS
(a) Community School Partnerships.--The Community School Partnership Act (contained in part B of title V of the Improving America's Schools Act of 1994 (20 U.S.C. 1070 note) is repealed. (b) Educational Research, Development, Dissemination, and Improvement Act of 1994.--Section 941(j) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(j)) is repealed. (c) Elementary and Secondary Education Act of 1965.--The following provisions are repealed: (1) Innovative elementary school transition projects.-- Section 1503 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6493). (2) De lugo territorial education improvement program.--Part H of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8221 et seq.). (3) Extended time for learning and longer school year.--Part L of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8351). (4) Territorial assistance.--Part M of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8371).
(d) Family and Community Endeavor Schools.--The Family and Community Endeavor Schools Act (42 U.S.C. 13792) is repealed. (e) Goals 2000: Educate America Act.--Subsections (b) and (d)(1) of section 601 of the Goals 2000: Educate America Act (20 U.S.C. 5951) are repealed.
SUBTITLE IV--TECHNICAL AND CONFORMING AMENDMENTS
(1) Section 111(c) of the Workforce Investment Act of 1998 is amended by striking ``Chairman'' and inserting ``Chairperson''. (2) Section 112(c)(1) of such Act is amended by striking ``; and'' and inserting ``; or''. (3) Section 116(a)(3)(D)(ii)(I)(aa) of such Act is amended by striking ``; or'' and inserting ``; and''. (4) Section 117 of such Act is amended-- (A) in subsection (f)(1)(D), by striking ``State'' and inserting ``Governor''; and (B) in subsection (i)(1)(D)(ii), by striking subclause (II), and inserting the following: ``(II) other representatives of employees in the local area (for a local area in which no employees are represented by such organizations).''. (5) Section 134(d)(4)(F) of such Act is amended by adding at the end the following: ``(iii) Individual training accounts.--An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through an individual training account.''. (6) Section 159 of such Act is amended-- (A) in subsections (c)(1)(G) and (d)(4), by striking ``post-secondary'' and inserting ``postsecondary''; and (B) in subsection (c)(3), by striking ``containing'' and inserting ``containing,''. (7) Section 166(h)(3)(A) of such Act is amended by striking ``paragraph (2)'' and inserting ``subparagraph (B)''. (8) Section 167(d) of such Act is amended by inserting ``and section 127(b)(1)(A)(iii)'' after ``this section''. (9) Section 170(a)(1) of such Act is amended by striking ``carry out'' and inserting ``carrying out''. (10) Section 170(b)(2) of such Act is amended by striking ``174(b)'' and inserting ``173(b)''. (11) Section 171(b)(2) of such Act is amended by striking ``only on a competitive'' and all that follows through the period and inserting ``in accordance with generally applicable Federal requirements.''. (12) Section 173(a)(2) of such Act is amended by striking ``the Robert'' and inserting ``The Robert''. (13) Section 189(i)(1) of such Act is amended by striking ``1997 (Public Law 104-208; 110 Stat. 3009-234)'' and inserting ``1998 (Public Law 105-78; 111 Stat. 1467). (14) Paragraphs (2) and (3) of section 192(a) of such Act are amended by striking ``), to'' and inserting ``) to''.
(15) Section 334(b) of such Act is amended by striking paragraph (2) and inserting the following: ``(2) Date.--The appointments of the members of the Commission shall be made by February 1, 1999.''. (16) Section 405 of such Act is amended by striking ``et seq.),'' and inserting ``et seq.)''. (17) Section 501(b)(1) of such Act is amended by adding at the end the following: ``For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program.''. (18) Section 505 of such Act is amended-- (A) in subsection (a), by striking ``in this Act'' and inserting ``under title I, II, or III or this title''; and (B) in subsection (b), by striking ``under this Act'' each place it appears and inserting ``under title I, II, or III or this title''. (19) Section 506(d) of such Act is amended-- (A) in paragraph (1), by striking ``subsection (b)'' and inserting ``subsection (c)''; and (B) in paragraph (2)-- (i) by inserting ``planning authorized under'' after ``carry out'' each place that such appears; and (ii) by striking ``the purposes'' and inserting ``the planning purposes''.
(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.--''.
(2) Section 2 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``Findings.--'' and inserting the following:
``SEC. 2. FINDINGS; PURPOSE; POLICY.
``(a) Findings.--''. (3) Section 7 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through ``(1) The term'' and inserting the following:
``SEC. 7. DEFINITIONS.
``For the purposes of this Act: ``(1) Administrative costs.--The term''. (4) Section 19 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through ``In General.--'' and inserting the following:
``SEC. 19. CARRYOVER.
``(a) In General.--''. (5) Section 20 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through ``All'' and inserting the following:
``SEC. 20. CLIENT ASSISTANCE INFORMATION.
``All''. (6) Section 21 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through ``Findings.--'' and inserting the following:
``SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS.
``(a) Findings.--''. (7) Section 110 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``(a)(1) Subject'' and inserting the following:
``Sec. 110. (a)(1) Subject''. (8) Section 111 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``(a)(1) Except'' and inserting the following:
``Sec. 111. (a)(1) Except''. (9) Section 112 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``(a) From'' and inserting the following:
``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:
``Sec. 121. (a) The''. (11) Section 205 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``Establishment.--'' and inserting the following:
``SEC. 205. REHABILITATION RESEARCH ADVISORY COUNCIL.
``(a) Establishment.--''. (12) Section 621 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``It'' and inserting the following:
``SEC. 621. PURPOSE.
``It''. (13) Section 622 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``In General.--'' and inserting the following:
``SEC. 622. ALLOTMENTS.
``(a) In General.--''. (14) Section 623 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``Funds provided under this part may'' and inserting the following:
``SEC. 623. AVAILABILITY OF SERVICES.
``Funds provided under this part may''. (15) Section 624 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``An'' and inserting the following:
``SEC. 624. ELIGIBILITY.
``An''. (16) Section 625 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``State Plan Supplements.--'' and inserting the following:
``SEC. 625. STATE PLAN.
``(a) State Plan Supplements.--''. (17) Section 626 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``Each'' and inserting the following:
``SEC. 626. RESTRICTION.
``Each''. (18) Section 627 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``Supported Employment Services.-- '' and inserting the following:
``SEC. 627. SAVINGS PROVISION.
``(a) Supported Employment Services.--''. (19) Section 628 of such Act (as so amended) is further amended by striking the section heading and all that follows through ``There'' and inserting the following:
``SEC. 628. AUTHORIZATION OF APPROPRIATIONS.
``There''.
(c) Other Amendments.-- (1) Section 7 of such Act (as so amended and redesignated in subsection (a)) is further amended-- (A) in paragraph (2)(B), by striking ``objectives, nature,'' and inserting ``nature''; (B) by striking paragraph (7); (C) in paragraph (16)(A)(iii), by striking ``client'' and inserting ``eligible individual''; and (D) in paragraph (36)(C), by striking ``rehabilitation objectives'' and inserting ``employment outcome''. (2) Section 10 of such Act (as so amended and redesignated in subsection (a)) is further amended-- (A) by striking ``disregarded: (1)'' and inserting the following: ``disregarded-- ``(1)''; (B) by striking ``(2)'' and inserting the following: ``(2)''; and (C) by striking ``No payment'' and inserting the following:
``No payment''. (3) The second and third sentences of section 21(a)(3) of such Act (as so amended and redesignated in subsection (a)) are further amended by striking ``are'' and inserting ``is''. (4) Section 101(a) of such Act (as so amended) is further amended-- (A) in paragraph (18)(C), by striking ``will be utilized'' and inserting ``were utilized during the preceding year''; and (B) in paragraph (21)(A)(i)(II)(bb), by striking ``Commission'' and inserting ``commission''. (5) Section 102(c)(5)(F) (as so amended) is further amended-- (A) in clause (ii), by striking ``and'' at the end thereof; (B) in clause (iii), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(iv) not delegate the responsibility for making the final decision to any officer or employee of the designated State unit.''. (6) Section 105(b) of such Act (as so amended) is further amended-- (A) in paragraph (3)-- (i) by striking ``Governor'' the first place it appears and inserting ``Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this Act in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity''; and (ii) in the second and third sentences, by striking ``Governor'' and inserting ``appointing authority''; (B) in paragraph (4)(A)(i), by striking ``section 7(20)(A)'' and inserting ``section 7(20)(B)''; (C) in paragraph (5)(B)-- (i) in the subparagraph heading, by striking ``governor'' and inserting ``chief executive officer''; and
(ii) by striking ``Governor shall'' and inserting ``appointing authority described in paragraph (3) shall''; and (D) in paragraphs (6)(A)(ii) and (7)(B), by striking ``Governor'' and inserting ``appointing authority described in paragraph (3)''. (7) Section 705(b) of such Act (as so amended) is further amended-- (A) in paragraph (1)-- (i) by striking ``Governor'' the first place it appears and inserting ``Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this Act in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity''; and (ii) in the second sentence, by striking ``Governor'' and inserting ``appointing authority''; (B) in paragraph (5)(B)-- (i) in the subparagraph heading, by striking ``governor'' and inserting ``chief executive officer''; and (ii) by striking ``Governor shall'' and inserting ``appointing authority described in paragraph (3) shall''; and (C) in paragraphs (6)(A)(ii) and (7)(B), by striking ``Governor'' and inserting ``appointing authority described in paragraph (3)''.
(a) Wagner-Peyser Act.-- (1) In general.--Section 15 of the Wagner-Peyser Act (as added by section 309 of the Workforce Investment Act of 1998) is amended-- (A) in subsection (a)(2)(A)(i), by striking ``of this section'' the second place it appears; and (B) in subsection (e)(2)(G), by striking ``complementary'' and inserting ``complementarity''. (2) Effective date.--The amendments made by paragraph (1) take effect on July 2, 1999.
(b) Older Americans Act of 1965.--Subparagraph (Q) of section 502(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056(b)(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.
(a) References to Title.--The matter preceding paragraph (1) of section 203, and sections 204 and 205, of the Adult Education and Family Literacy Act (20 U.S.C. 9202, 9203, and 9204) are each amended by striking ``this subtitle'' and inserting ``this title''. (b) Qualifying Adult.--Section 211(d)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9211(d)(1)) is amended by striking ``, but less than 61 years of age''. (c) Levels of Performance.--Section 212(b)(3)(A)(vi) of the Adult Education and Family Literacy Act (20 U.S.C. 9212(b)(3)(A)(vi)) is amended by striking ``136(j)'' and inserting ``136(i)(1)''.
(d) Corrections Education.--Section 225(a) of the Adult Education and Family Literacy Act (20 U.S.C. 9225) is amended-- (1) in subsection (a), by striking ``or education'' and inserting ``and education''; and (2) in subsection (c), by striking ``with'' and inserting ``within''.
(e) National Leadership Activities.--Section 243(2)(B) of the Adult Education and Family Literacy Act (20 U.S.C. 9253(2)(B)) is amended by striking ``qualify'' and inserting ``quality''. (f) Incentive Grants.--Section 503(a) of the Workforce Investment Act of 1998 (20 U.S.C. 9273(a)) is amended by striking ``expected'' and inserting ``adjusted''.
(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
(B) in paragraph (4), in the second sentence, by striking ``Secretary of Labor on matters relating to the Job Training Partnership Act'' and inserting ``Secretary of Labor on matters relating to the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (2) Food stamp act of 1977.-- (A) Section 5.--Section 5(l) of the Food Stamp Act of 1977 (7 U.S.C. 2014(l)) is amended by striking ``Notwithstanding section 142(b) of the Job Training Partnership Act (29 U.S.C. 1552(b)), earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or section 264(c)(1)(A) of the Job Training Partnership Act'' and inserting ``Notwithstanding section 142(b) of the Job Training Partnership Act or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership Act or in on-the-job training under title I of the Workforce Investment Act of 1998''. (B) Section 6.--Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended-- (i) in subsection (d)(4)(M), by striking ``the State public employment offices and agencies operating programs under the Job Training Partnership Act'' and inserting ``the State public employment offices and agencies operating programs under the Job Training Partnership Act or of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Investment Act of 1998''; (ii) in subsection (e)(3), by striking subparagraph (A) and inserting the following: ``(A) a program under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;''; and (iii) in subsection (o)(1)(A), by striking ``Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (C) Section 17.--The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended-- (i) by striking ``to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812),'' and inserting ``to accept an offer of employment from a political subdivision or provider pursuant to a program carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,''; and (ii) by striking ``: Provided, That all of the political subdivision's'' and all that follows and inserting ``, if all of the jobs supported under the program have been made available to participants in the program before the political subdivision or provider providing the jobs extends an offer of employment under this paragraph, and if the political subdivision or provider, in
employing the person, complies with the requirements of Federal law that relate to the program.''. (3) Personal responsibility and work opportunity reconciliation act of 1996.-- (A) Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking ``Job Training Partnership Act'' and inserting ``Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (B) Section 423(d)(11) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note) is amended by striking ``Job Training Partnership Act'' and inserting ``Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (4) Immigration and nationality act.--Section 245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by striking ``The Job Training Partnership Act.'' and inserting ``The Job Training Partnership Act or title I of the Workforce Investment Act of 1998.''. (5) Refugee education assistance act of 1980.--Section 402(a)(4) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking ``the Comprehensive Employment and Training Act of 1973'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (6) National defense authorization act for fiscal year 1991.--Section 4003(5)(C) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2391 note) is amended by inserting before the period the following: ``, as in effect on the day before the date of enactment of the Workforce Investment Act of 1998''. (7) National defense authorization act for fiscal year 1993.-- (A) Section 3161.--Section 3161(c)(6) of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) is amended by striking subparagraph (A) and inserting the following: ``(A) programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;''. (B) Section 4461.--Section 4461(1) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking ``The Job Training Partnership Act (29 U.S.C. 1501 et seq.).'' and inserting ``The Job Training Partnership Act or title I of the Workforce Investment Act of 1998.''. (C) Section 4471.--Section 4471 of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 2501 note) is amended-- (i) in subsection (c)(2), by striking ``the State dislocated'' and all that follows through ``and the chief'' and inserting ``the State dislocated worker unit or office referred to in section 311(b)(2) of the Job Training Partnership Act, or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998, and the chief'';
(ii) in subsection (d)-- (I) in the first sentence, by striking ``for training, adjustment assistance, and employment services'' and all that follows through ``except where'' and inserting ``for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or to participate in employment and training activities carried out under title I of the Workforce Investment Act of 1998, except in a case in which''; and (II) by striking the second sentence; and (iii) in subsection (e), by striking ``for training,'' and all that follows through ``beginning'' and inserting ``, on the basis of any related reduction in funding under the contract, for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or to participate in employment and training activities under title I of the Workforce Investment Act of 1998, beginning''. (D) Section 4492.--Section 4492(b) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking ``the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (8) National defense authorization act for fiscal year 1994.--Section 1333(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is amended by striking ``Private industry councils (as described in section 102 of the Job Training Partnership Act (29 U.S.C. 1512)).'' and inserting ``Private industry councils as described in section 102 of the Job Training Partnership Act or local workforce investment boards established under section 117 of the Workforce Investment Act of 1998.''. (9) National defense authorization act for fiscal year 1998.--Section 2824(c)(5) of the National Defense Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended by striking ``Job Training Partnership Act'' and inserting ``Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (10) Small business act.--The fourth sentence of section 7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking ``the Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (11) Employment act of 1946.--Section 4(f)(2)(B) of the Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)) is amended by striking ``and include these in the annual Employment and Training Report of the President required under section 705(a) of the Comprehensive Employment and Training Act of 1973 (hereinafter in this Act referred to as `CETA')'' and inserting ``and prepare and submit to the President an annual report containing the recommendations''. (12) Full employment and balanced growth act of 1978.--
(A) Section 206.--Section 206 of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116) is amended-- (i) in subsection (b)-- (I) in the matter preceding paragraph (1), by striking ``CETA'' and inserting ``the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''; and (II) in paragraph (1), by striking ``(including use of section 110 of CETA when necessary)''; and (ii) in subsection (c)(1), by striking ``CETA'' and inserting ``activities carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (B) Section 401.--Section 401(d) of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3151(d)) is amended by striking ``include, in the annual Employment and Training Report of the President provided under section 705(a) of CETA,'' and inserting ``include, in the annual report referred to in section 4(f)(2)(B) of the Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)),''. (13) Title 18, united states code.--Subsections (a), (b), and (c) of section 665 of title 18, United States Code are amended by striking ``the Comprehensive Employment and Training Act or the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (14) Trade act of 1974.-- (A) Section 236.--Section 236(a)(5)(B) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking ``section 303 of the Job Training Partnership Act'' and inserting ``section 303 of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (B) Section 239.--Section 239(e) of the Trade Act of 1974 (19 U.S.C. 2311(e)) is amended by striking ``under title III of the Job Training Partnership Act'' and inserting ``under title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (15) Higher education act of 1965.-- (A) Section 418a.--Subsections (b)(1)(B)(ii) and (c)(1)(A) of section 418A of the Higher Education Act of 1965 (20 U.S.C. 1070d-2) are amended by striking ``section 402 of the Job Training Partnership Act'' and inserting ``section 402 of the Job Training Partnership Act or section 167 of the Workforce Investment Act of 1998''. (B) Section 480.--Section 480(b)(14) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is amended by striking ``Job Training Partnership Act noneducational benefits'' and inserting ``Job Training Partnership Act noneducational benefits or benefits received through participation in employment and training activities under title I of the Workforce Investment Act of 1998''. (16) Department of education organization act.--Subsection (a) of section 302 of the Department of Education Organization Act (20 U.S.C. 3443(a)) is amended by striking ``under section 303(c)(2) of the Comprehensive Employment and Training Act'' and inserting ``relating to such education''.
(17) National skill standards act of 1994.-- (A) Section 504.--Section 504(c)(3) of the National Skill Standards Act of 1994 (20 U.S.C. 5934(c)(3)) is amended by striking ``the Capacity Building and Information and Dissemination Network established under section 453(b) of the Job Training Partnership Act (29 U.S.C. 1733(b)) and''. (B) Section 508.--Section 508(1) of the National Skill Standards Act of 1994 (20 U.S.C. 5938(1)) is amended to read as follows: ``(1) Community-based organization.--The term `community- based organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce investment.''. (18) Elementary and secondary education act of 1965.-- (A) Section 1205.--Section 1205(8)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6365(8)(B)) is amended by striking ``the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''. (B) Section 1414.--Section 1414(c)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is amended by striking ``programs under the Job Training Partnership Act,'' and inserting ``programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,''. (C) Section 1423.--Section 1423(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6453(9)) is amended by striking ``programs under the Job Training and Partnership Act'' and inserting ``programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (D) Section 1425.--Section 1425(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6455(9)) is amended by striking ``, such as funds under the Job Training Partnership Act,'' and inserting ``, such as funds made available under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,''. (19) District of columbia school reform act of 1995.-- Section 2604(c)(2)(B)(ii) of the District of Columbia School Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-145) is amended by striking ``Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (20) Freedom support act.--The last sentence of section 505 of the FREEDOM Support Act (22 U.S.C. 5855) is amended by striking ``, through the Defense Conversion'' and all that follows through ``or through'' and inserting ``or through''. (21) Emergency jobs and unemployment assistance act of 1974.-- (A) Section 204.--Section 204(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended by striking ``designate as an area'' and all that follows and inserting ``designate as an area
under this section an area that is a service delivery area established under section 101 of the Job Training Partnership Act (except that after local workforce investment areas are designated under section 116 of the Workforce Investment Act of 1998 for the State involved, the corresponding local workforce investment area shall be considered to be the area designated under this section) or a local workforce investment area designated under section 116 of the Workforce Investment Act of 1998.''. (B) Section 223.--Section 223 of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended-- (i) in paragraph (3), by striking ``assistance provided'' and all that follows and inserting ``assistance provided under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;''; and (ii) in paragraph (4), by striking ``funds provided'' and all that follows and inserting ``funds provided under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;''. (22) Job training reform amendments of 1992.--Section 701 of the Job Training Reform Amendments of 1992 (29 U.S.C. 1501 note) is repealed. (23) Public law 98-524.--Section 7 of Public Law 98-524 (29 U.S.C. 1551 note) is repealed. (24) Veterans' benefits and programs improvement act of 1988.--Section 402 of the Veterans' Benefits and Programs Improvement Act of 1988 (29 U.S.C. 1721 note) is amended-- (A) in subsection (a), by striking ``title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.)'' and inserting ``title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''; (B) in subsection (c), by striking ``Training, in consultation with the office designated or created under section 322(b) of the Job Training Partnership Act,'' and inserting ``Training, in consultation with the unit or office designated or created under section 322(b) of the Job Training Partnership Act or any successor to such unit or office under title I of the Workforce Investment Act of 1998,''; and (C) in subsection (d)-- (i) in paragraph (1)(A), by striking ``part C'' and all that follows through ``; and'' and inserting ``part C of title IV of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998; and''; and (ii) in paragraph (2), by striking ``Employment and training'' and all that follows and inserting ``Employment and training activities for dislocated workers under title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998.''. (25) Veterans' job training act.-- (A) Section 13.--Section 13(b) of the Veterans' Job Training Act (29 U.S.C. 1721 note) is amended by striking ``assistance under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``assistance under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''.
(B) Section 14.--Section 14(b)(3)(B)(i)(II) of the Veterans' Job Training Act (29 U.S.C. 1721 note) is amended by striking ``under part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``under part C of title IV the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (C) Section 15.--Section 15(c)(2) of the Veterans' Job Training Act (29 U.S.C. 1721 note) is amended-- (i) in the second sentence, by striking ``part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``part C of title IV of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''; and (ii) in the third sentence, by striking ``title III of that Act'' and inserting ``title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (26) Worker adjustment and retraining notification act.-- Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking ``to the State'' and all that follows through ``and the chief'' and inserting ``to the State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training and Partnership Act), or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998, and the chief''. (27) Title 31, united states code.--Section 6703(a) of title 31, United States Code, is amended by striking paragraph (4) and inserting the following: ``(4) Programs under title II or IV of the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998.''. (28) Veterans' rehabilitation and education amendments of 1980.--Section 512 of the Veterans' Rehabilitation and Education Amendments of 1980 (38 U.S.C. 4101 note) is amended by striking ``the Comprehensive Employment and Training Act (29 U.S.C. et seq.),'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,''. (29) Title 38, united states code.-- (A) Section 4102A.--Section 4102A(d) of title 38, United States Code, is amended by striking ``the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''. (B) Section 4103A.--Section 4103A(c)(4) of title 38, United States Code, is amended by striking ``(including part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.))'' and inserting ``including part C of title IV of the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''. (C) Section 4213.--Section 4213 of title 38, United States Code, is amended by striking ``program assisted under the Job Training Partnership Act (29 U.S.C. 1501 et seq.),'' and inserting ``program carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,''.
(30) Social security act.--Section 403(a)(5) of Social Security Act (42 U.S.C. 603(a)(5)) is amended-- (A) in subparagraph (A)(vii)(I), by striking ``(as described in section 103(c) of the Job Training Partnership Act)'' and inserting ``(as described in section 103(c) of the Job Training Partnership Act or defined in section 101 of the Workforce Investment Act of 1998)''; and (B) in subparagraph (D)-- (i) in clause (ii), by striking ``means, with respect to a service delivery area, the private industry council (or successor entity) established for the service delivery area pursuant to the Job Training Partnership Act'' and inserting ``means, with respect to a service delivery area, the private industry council or local workforce investment board established for the service delivery area pursuant to the Job Training Partnership Act or title I of the Workforce Investment 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
Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out the Job Training Partnership Act and title I of the Workforce Investment Act of 1998.''; and (ii) in subsection (b), by striking paragraph (1) and inserting the following: ``(1) the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,''. (B) Section 502.--Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is amended-- (i) in subsection (b)(1)(N)(i), by striking ``the Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''; and (ii) in subsection (e)(2)(C), by striking ``programs carried out under section 124 of the Job Training Partnership Act (29 U.S.C. 1534)'' and inserting ``programs carried out under the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''. (C) Section 503.--Section 503(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended-- (i) in the first sentence, by striking ``the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''; and (ii) in the first sentence, by striking ``the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (D) Section 510.--Section 510 of the Older Americans Act of 1965 (42 U.S.C. 3056h) is amended by striking the matter following the section heading and inserting the following:
``In the case of projects under this title carried out jointly with programs carried out under the Job Training Partnership Act, eligible individuals shall be deemed to satisfy the requirements of sections 203 and 204(d)(5)(A) of such Act (29 U.S.C. 1603, 1604(d)(5)(A)) that are applicable to adults. In the case of projects under this title carried out jointly with programs carried out under subtitle B of title I of the Workforce Investment Act of 1998, eligible individuals shall be deemed to satisfy the requirements of section 134 of such Act.''. (34) Omnibus crime control and safe streets act of 1968.-- Section 1801(b)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by striking ``activities carried out under part B of title IV of the Job Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et seq.)'' and inserting ``activities carried out under part B of title IV of the Job Training Partnership Act or subtitle C of title I of the Workforce Investment Act of 1998 (relating to Job Corps)''. (35) Environmental programs assistance act of 1984.--The second sentence of section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by striking ``and title IV of the Job Training Partnership Act'' and inserting ``and title IV of the Job Training Partnership
Act or subtitle D of title I of the Workforce Investment Act of 1998''. (36) Domestic volunteer service act of 1973.-- (A) Section 103.--The second sentence of section 103(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended to read as follows: ``Whenever feasible, such efforts shall be coordinated with an appropriate private industry council established under the Job Training Partnership Act or local workforce investment board established under section 117 of the Workforce Investment Act of 1998.''. (B) Section 109.--Subsections (c)(2) and (d)(2) of section 109 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4959) is amended by striking ``administrative entities designated to administer job training plans under the Job Training Partnership Act'' and inserting ``administrative entities designated to administer job training plans under the Job Training Partnership Act and eligible providers of employment and training activities under subtitle B of title I of the Workforce Investment Act of 1998''. (37) Age discrimination act of 1975.--Section 304(c)(1) of the Age Discrimination Act of 1975 (42 U.S.C. 6103(c)(1)) is amended by striking ``Except with'' and all that follows through ``nothing'' and inserting ``Nothing''. (38) Energy conservation and production act.--Section 414(b)(3) of the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is amended by striking ``the Comprehensive Employment and Training Act of 1973'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (39) National energy conservation policy act.--Section 233 of the National Energy Conservation Policy Act (42 U.S.C. 6873) is amended, in the matter preceding paragraph (1), by striking ``the Comprehensive Employment and Training Act of 1973'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (40) Community economic development act of 1981.--Section 617(a)(3) of the Community Economic Development Act of 1981 (42 U.S.C. 9806(a)(3)) is amended by striking ``activities such as those described in the Comprehensive Employment and Training Act'' and inserting ``activities such as the activities described in the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (41) Stewart b. mckinney homeless assistance act.--Section 103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302(b)(2)) is amended by striking ``the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''. (42) National and community service act of 1990.-- (A) Section 177.--Section 177(d) of the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) is amended to read as follows:
``(d) Treatment of Benefits.--Allowances, earnings, and payments to individuals participating in programs that receive assistance under this title shall not be considered to be income for the purposes of determining eligibility for and the amount of income
transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act (42 U.S.C. 301 et seq.).''. (B) Section 198C.--Section 198C of the National and Community Service Act of 1990 (42 U.S.C. 12653c) is amended-- (i) in subsection (b)(1), by striking ``a military installation described in section 325(e)(1) of the Job Training Partnership Act (29 U.S.C. 1662d(e)(1)).'' and inserting ``a military installation being closed or realigned under-- ``(A) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of division B of Public Law 101-510; 10 U.S.C. 2687 note); and ``(B) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).''; and (ii) in subsection (e)(1)(B), by striking clause (iii) and inserting the following: ``(iii) an eligible youth described in section 423 of the Job Training Partnership Act or an individual described in section 144 of the Workforce Investment Act of 1998.''. (C) Section 199L.--Section 199L(a) of the National and Community Service Act of 1990 (42 U.S.C. 12655m(a)) is amended by striking ``the Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''. (43) Cranston-gonzalez national affordable housing act.-- (A) Section 454.--Subparagraphs (H) and (M) of subsection (c)(2), and subsection (d)(7), of section 454 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899c) are amended by striking ``the Job Training Partnership Act'' and inserting ``the Job Training Partnership Act and title I of the Workforce Investment Act of 1998''. (B) Section 456.--The first sentence of section 456(e) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899e(e)) is amended by inserting ``(as in effect on the day before the date of enactment of the Workforce Investment Act of 1998)'' after ``the Job Training Partnership Act'' each place it appears. (44) Violent crime control and law enforcement act of 1994.--Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking ``authorized under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting ``authorized under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998''.
(e) Other References to Title VII of the Stewart B. McKinney Homeless Assistance Act.-- (1) Table of contents.--The table of contents of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended by striking the items relating to title VII of such Act, except the items relating to the title heading, and subtitles B and C, of such title.
(2) Title vii.--The Stewart B. McKinney Homeless Assistance Act (as amended by section 199(b)(1) of the Workforce Investment Act of 1998) is further amended by inserting before subtitle B (relating to education for homeless children and families) the following:
``SUBTITLE VII--EDUCATION AND TRAINING''.
(f) References to Job Training Partnership Act Subsequent To Repeal.-- (1) Title 5, united states code.--Section 3502(d) of title 5, United States Code, is amended-- (A) in paragraph (3)-- (i) in subparagraph (A), by striking clause (i) and inserting the following: ``(i) the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and''; and (ii) in subparagraph (B)(iii), by striking ``under the Job Training Partnership Act or''; and (B) in paragraph (4), in the second sentence, by striking ``the Job Training Partnership Act or''. (2) Food stamp act of 1977.-- (A) Section 5.--Section 5(l) of the Food Stamp Act of 1977 (7 U.S.C. 2014(l)) is amended by striking ``Notwithstanding section 142(b) of the Job Training Partnership Act or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership Act or in on-the-job training under title I of the Workforce Investment Act of 1998'' and inserting ``Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training under title I of the Workforce Investment Act of 1998'' (B) Section 6.--Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended-- (i) in subsection (d)(4)(M), by striking ``the State public employment offices and agencies operating programs under the Job Training Partnership Act or of''; (ii) in subsection (e)(3), by striking subparagraph (A) and inserting the following: ``(A) a program under title I of the Workforce Investment Act of 1998;''; and (iii) in subsection (o)(1)(A), by striking ``Job Training Partnership Act or''. (C) Section 17.--The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking ``the Job Training Partnership Act or''. (3) Personal responsibility and work opportunity reconciliation act of 1996.-- (A) Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking ``Job Training Partnership Act or''.
(B) Section 423(d)(11) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note) is amended by striking ``Job Training Partnership Act or''. (4) Immigration and nationality act.--Section 245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by striking ``The Job Training Partnership Act or title'' and inserting ``Title''. (5) Refugee education assistance act of 1980.--Section 402(a)(4) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking ``the Comprehensive Employment and Training Act of 1973'' and inserting ``the Job Training Partnership Act or''. (6) National defense authorization act for fiscal year 1993.-- (A) Section 3161.--Section 3161(c)(6) of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) is amended by striking subparagraph (A) and inserting the following: ``(A) programs carried out by the Secretary of Labor under title I of the Workforce Investment Act of 1998;''. (B) Section 4461.--Section 4461(1) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking ``The Job Training Partnership Act of title'' and inserting ``Title''. (C) Section 4471.--Section 4471 of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 2501 note) is amended-- (i) in subsection (c)(2), by striking ``the State dislocated worker unit or office referred to in section 311(b)(2) of the Job Training Partnership Act, or''; (ii) in subsection (d), in the first sentence, by striking ``for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or''; and (iii) in subsection (e), by striking ``for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or''. (D) Section 4492.--Section 4492(b) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking ``the Job Training Partnership Act or''. (7) National defense authorization act for fiscal year 1994.--Section 1333(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is amended by striking ``Private industry councils as described in section 102 of the Job Training Partnership Act or local'' and inserting ``local''. (8) National defense authorization act for fiscal year 1998.--Section 2824(c)(5) of the National Defense Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended by striking ``Job Training Partnership Act or''. (9) Small business act.--The fourth sentence of section 7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking ``the Job Training Partnership Act or''.
(10) Full employment and balanced growth act of 1978.-- Section 206 of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116) is amended-- (A) in subsection (b), in the matter preceding paragraph (1), by striking ``CETA'' and inserting ``the Job Training Partnership Act and''; and (B) in subsection (c)(1), by striking ``activities carried out under the Job Training Partnership Act or''. (11) Trade act of 1974.-- (A) Section 236.--Section 236(a)(5)(B) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking ``section 303 of the Job Training Partnership Act or''. (B) Section 239.--Section 239(e) of the Trade Act of 1974 (19 U.S.C. 2311(e)) is amended by striking ``title III of the Job Training Partnership Act or''. (12) Higher education act of 1965.-- (A) Section 418A.--Subsections (b)(1)(B)(ii) and (c)(1)(A) of section 418A of the Higher Education Act of 1965 (20 U.S.C. 1070d-2) are amended by striking ``section 402 of the Job Training Partnership Act or''. (B) Section 480.--Section 480(b)(14) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is amended by striking ``Job Training Partnership Act noneducational benefits or''. (13) Elementary and secondary education act of 1965.-- (A) Section 1205.--Section 1205(8)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6365(8)(B)) is amended by striking ``the Job Training Partnership Act and''. (B) Section 1414.--Section 1414(c)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is amended by striking ``the Job Training Partnership Act or''. (C) Section 1423.--Section 1423(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6453(9)) is amended by striking ``the Job Training Partnership Act or''. (D) Section 1425.--Section 1425(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6455(9)) is amended by striking ``the Job Training Partnership Act or''. (14) District of columbia school reform act of 1995.-- Section 2604(c)(2)(B)(ii) of the District of Columbia School Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-145) is amended by striking ``Job Training Partnership Act or''. (15) Emergency jobs and unemployment assistance act of 1974.-- (A) Section 204.--Section 204(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended by striking ``service delivery area established'' and all that follows through ``this section) or a''. (B) Section 223.--Section 223 of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended--
(i) in paragraph (3), by striking ``the Job Training Partnership Act or''; and (ii) in paragraph (4), by striking ``the Job Training Partnership Act or''. (16) Veterans' benefits and programs improvement act of 1988.--Section 402 of the Veterans' Benefits and Programs Improvement Act of 1988 (29 U.S.C. 1721 note) is amended-- (A) in subsection (a), by striking ``title III of the Job Training Partnership Act or''; and (B) in subsection (d)-- (i) in paragraph (1)(A), by striking ``part C of title IV of the Job Training Partnership Act or''; and (ii) in paragraph (2), by striking ``title III of the Job Training Partnership Act or''. (17) Veterans' job training act.-- (A) Section 13.--Section 13(b) of the Veterans' Job Training Act (29 U.S.C. 1721 note) is amended by striking ``the Job Training Partnership Act or''. (B) Section 14.--Section 14(b)(3)(B)(i)(II) of the Veterans' Job Training Act (29 U.S.C. 1721 note) is amended by striking ``part C of title IV the Job Training Partnership Act or''. (C) Section 15.--Section 15(c)(2) of the Veterans' Job Training Act (29 U.S.C. 1721 note) is amended-- (i) in the second sentence, by striking ``part C of title IV of the Job Training Partnership Act or''; and (ii) in the third sentence, by striking ``title III of the Job Training Partnership Act or''. (18) Worker adjustment and retraining notification act.-- Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking ``the State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training and Partnership Act), or''. (19) Title 31, united states code.--Section 6703(a) of title 31, United States Code, is amended by striking paragraph (4) and inserting the following: ``(4) Programs under title I of the Workforce Investment Act of 1998.''. (20) Veterans' rehabilitation and education amendments of 1980.--Section 512 of the Veterans' Rehabilitation and Education Amendments of 1980 (38 U.S.C. 4101 note) is amended by striking ``the Job Training Partnership Act or''. (21) Title 38, united states code.-- (A) Section 4102A.--Section 4102A(d) of title 38, United States Code, is amended by striking ``the Job Training Partnership Act and''. (B) Section 4103A.--Section 4103A(c)(4) of title 38, United States Code, is amended by striking ``part C of title IV of the Job Training Partnership Act and''. (C) Section 4213.--Section 4213 of title 38, United States Code, is amended by striking ``the Job Training Partnership Act or''. (22) Social security act.--Section 403(a)(5) of Social Security Act (42 U.S.C. 603(a)(5)) is amended--
(A) in subparagraph (A)(vii)(I), by striking ``described in section 103(c) of the Job Training Partnership Act or''; and (B) in subparagraph (D)-- (i) in clause (ii), by striking ``the Job Training Partnership Act or''; and (ii) in clause (iii), by striking ``shall mean a local area as defined in section 101 of the Workforce Investment Act of 1998, as appropriate''. (23) United states housing act.--Section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) is amended-- (A) in subsection (b)(2)(A), by striking ``the Job Training Partnership Act or''; (B) in the first sentence of subsection (f)(2), by striking ``the Job Training Partnership Act or''; and (C) in subsection (g)-- (i) in paragraph (2), by striking ``the Job Training Partnership Act or''; and (ii) in paragraph (3)(H), by striking ``the Job Training Partnership Act or''. (24) Housing act of 1949.--Section 504(c)(3) of the Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking ``the Job Training Partnership Act or''. (25) Older americans act of 1965.-- (A) Section 203.--Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is amended-- (i) in subsection (a)(2), by striking ``the Job Training Partnership Act and''; and (ii) in subsection (b), by striking paragraph (1) and inserting the following: ``(1) title I of the Workforce Investment Act of 1998,''. (B) Section 502.--Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is amended-- (i) in subsection (b)(1)(N)(i), by striking ``the Job Training Partnership Act and''; and (ii) in subsection (e)(2)(C), by striking ``the Job Training Partnership Act and''. (C) Section 503.--Section 503(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended-- (i) in the first sentence, by striking ``the Job Training Partnership Act and''; and (ii) in the first sentence, by striking ``the Job Training Partnership Act or''. (D) Section 510.--Section 510 of the Older Americans Act of 1965 (42 U.S.C. 3056h) is amended by striking the matter following the section heading and inserting the following:
``In the case of projects under this title carried out jointly with programs carried out under subtitle B of title I of the Workforce Investment Act of 1998, eligible individuals shall be deemed to satisfy the requirements of section 134 of such Act.''. (26) Omnibus crime control and safe streets act of 1968.-- Section 1801(b)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by striking ``part B of title IV of the Job Training Partnership Act or''.
(27) Environmental programs assistance act of 1984.--The second sentence of section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by striking ``title IV of the Job Training Partnership Act or''. (28) Domestic volunteer service act of 1973.-- (A) Section 103.--The second sentence of section 103(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended to read as follows: ``private industry council established under the Job Training Partnership Act or''. (B) Section 109.--Subsections (c)(2) and (d)(2) of section 109 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4959) is amended by striking ``administrative entities designated to administer job training plans under the Job Training Partnership Act and''. (29) Energy conservation and production act.--Section 414(b)(3) of the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is amended by striking ``the Job Training Partnership Act or''. (30) National energy conservation policy act.--Section 233 of the National Energy Conservation Policy Act (42 U.S.C. 6873) is amended, in the matter preceding paragraph (1), by striking ``the Job Training Partnership Act or''. (31) Community economic development act of 1981.--Section 617(a)(3) of the Community Economic Development Act of 1981 (42 U.S.C. 9806(a)(3)) is amended by striking ``the Job Training Partnership Act or''. (32) Stewart b. mckinney homeless assistance act.--Section 103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302(b)(2)) is amended by striking ``the Job Training Partnership Act or''. (33) National and community service act of 1990.-- (A) Section 198C.--Section 198C(e)(1)(B) of the National and Community Service Act of 1990 (42 U.S.C. 12653c(e)(1)(C)) is amended by striking clause (iii) and inserting the following: ``(iii) an individual described in section 144 of the Workforce Investment Act of 1998.''. (B) Section 199L.--Section 199L(a) of the National and Community Service Act of 1990 (42 U.S.C. 12655m(a)) is amended by striking ``the Job Training Partnership Act and''. (34) Cranston-gonzalez national affordable housing act.-- Subparagraphs (H) and (M) of subsection (c)(2), and subsection (d)(7), of section 454 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899c) are amended by striking ``the Job Training Partnership Act and''. (35) Violent crime control and law enforcement act of 1994.--Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking ``the Job Training Partnership Act or''.
(g) Effective Dates.-- (1) Immediately effective amendments.--The amendments made by subsections (a) through (d) shall take effect on the date of the enactment of this Act. (2) Subsequently effective amendments.--
(A) Stewart b. mckinney homeless assistance act.-- The amendments made by subsection (e) shall take effect on July 1, 1999. (B) Job training partnership act.--The amendments made by subsection (f) shall take effect on July 1, 2000.
(h) References.-- (1) In general.--Section 190 of the Workforce Investment Act of 1998 is amended to read as follows:
``SEC. 190. REFERENCES.
``(a) References to Comprehensive Employment and Training Act.-- Except as otherwise specified, a reference in a Federal law (other than a reference in a provision amended by the Reading Excellence Act) to a provision of the Comprehensive Employment and Training Act-- ``(1) effective on the date of enactment of this Act, shall be deemed to refer to the corresponding provision of the Job Training Partnership Act or of the Workforce Investment Act of 1998; and ``(2) effective on July 1, 2000, shall be deemed to refer to the corresponding provision of the Workforce Investment Act of 1998.
``(b) References to Job Training Partnership Act.--Except as otherwise specified, a reference in a Federal law (other than a reference in this Act or a reference in a provision amended by the Reading Excellence Act) to a provision of the Job Training Partnership Act-- ``(1) effective on the date of enactment of this Act, shall be deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998; and ``(2) effective on July 1, 2000, shall be deemed to refer to the corresponding provision of the Workforce Investment Act of 1998.''. (2) Effective date.--The amendment <<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 by striking subsection (c)
``SUBTITLE VIII--AMENDMENT TO WORKFORCE INVESTMENT ACT OF 1998''.
Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding at the end the following new subsection: ``(e) Additional Assistance.-- ``(1) In general.--From the amount appropriated and made available to carry out this section for any program year, the Secretary shall use not more than $15,000,000 to make grants to not more than 8 States to provide employment and training activities under section 134, in accordance with subtitle B. ``(2) Eligible states.--The Secretary shall make a grant under paragraph (1) to a State for a program year if-- ``(A)(i) the amount of the allotment that would be made to the State for the program year under the formula specified in section 202(a) of the Job Training Partnership Act, as in effect on July 1, 1998; is greater than
``(ii) the amount of the allotment that would be made to the State for the program year under the formula specified in section 132(b)(1)(B); and ``(B) the State is 1 of the 8 States with the greatest quotient obtained by dividing-- ``(i) the amount described in subparagraph (A)(i); by ``(ii) the amount described in subparagraph (A)(ii). ``(3) Amount of grants.--Subject to paragraph (1), the amount of the grant made under paragraph (1) to a State for a program year shall be based on the difference between-- ``(A) the amount of the allotment that would be made to the State for the program year under the formula specified in section 202(a) of the Job Training Partnership Act, as in effect on July 1, 1998; and ``(B) the amount of the allotment that would be made to the State for the program year under the formula specified in section 132(b)(1)(B). ``(4) Allocation of funds.--A State that receives a grant under paragraph (1) for a program year-- ``(A) shall allocate funds made available through the grant on the basis of the formula used by the State to allocate funds within the State for that program year under-- ``(i) paragraph (2)(A) or (3) of section 133(b); or ``(ii) paragraph (2)(B) of section 133(b); and ``(B) shall use the funds in the same manner as the State uses other funds allocated under the appropriate paragraph of section 133(b).''.
Title IX—WOMEN'S <<NOTE: Women's Health and Cancer Rights Act of
This title may be cited as the ``Women's Health and Cancer Rights Act of 1998''.
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section:
`` SEC. 713. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES.
``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits with respect to a mastectomy shall provide, in a case of a participant or beneficiary who is receiving benefits in connection with a mastectomy and who elects breast reconstruction in connection with such mastectomy, coverage for-- ``(1) all stages of reconstruction of the breast on which the mastectomy has been performed;
``(2) surgery and reconstruction of the other breast to produce a symmetrical appearance; and ``(3) prostheses and physical complications of mastectomy, including lymphedemas;
in a manner determined in consultation with the attending physician and the patient. Such coverage may be subject to annual deductibles and coinsurance provisions as may be deemed appropriate and as are consistent with those established for other benefits under the plan or coverage. Written notice of the availability of such coverage shall be delivered to the participant upon enrollment and annually thereafter.
``(b) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted-- ``(1) in the next mailing made by the plan or issuer to the participant or beneficiary; ``(2) as part of any yearly informational packet sent to the participant or beneficiary; or ``(3) not later than January 1, 1999;
whichever is earlier. ``(c) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; and ``(2) penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section.
``(d) Rule of Construction.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(e) Preemption, Relation to State Laws.-- ``(1) In general.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of reconstructive breast surgery otherwise required under this section. ``(2) ERISA.--Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.''.
(b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 712 the following new item:
``Sec. 713. Required coverage reconstructive surgery following mastectomies.''.
(c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply with respect to plan years beginning on or after the date of enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.
(a) Group Market.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section:
``SEC. 2706. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES.
``The provisions of section 713 of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart.''. (b) Individual Market.--Subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following new section:
``SEC. 2752. REQUIRED COVERAGE FOR RECONSTRUCTIVE <<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.''. (c) Effective Dates.-- (1) Group plans.-- (A) In general.--The amendment made by subsection (a) shall apply to group health plans for plan years beginning on or after the date of enactment of this Act. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendment made by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) Individual plans.-- The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act.
This Act may be cited as the ``Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999''. (g) For programs, projects or activities in the Department of Transportation and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Immediate Office of the Secretary
For necessary expenses of the Immediate Office of the Secretary, $1,624,000.
Immediate Office of the Deputy Secretary
For necessary expenses of the Immediate Office of the Deputy Secretary, $585,000.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel, $8,750,000.
Office of the Assistant Secretary for Policy
For necessary expenses of the Office of the Assistant Secretary for Policy, $2,808,000.
Office of the Assistant Secretary for Aviation and International Affairs
For necessary expenses of the Office of the Assistant Secretary for Aviation and International Affairs, $7,650,300: Provided, That notwithstanding any other provision of law, there may be credited to this appropriation up to $1,000,000 in funds received in user fees.
Office of the Assistant Secretary for Budget and Programs
For necessary expenses of the Office of the Assistant Secretary for Budget and Programs, $6,349,000, including not to exceed $40,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine.
Office of the Assistant Secretary for Governmental Affairs
For necessary expenses of the Office of the Assistant Secretary for Governmental Affairs, $1,940,600.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for Administration, $19,721,600.
Office of Public Affairs
For necessary expenses of the Office of Public Affairs, $1,565,500.
Executive Secretariat
For necessary expenses of the Executive Secretariat, $1,046,900.
Board of Contract Appeals
For necessary expenses of the Board of Contract Appeals, $561,100.
Office of Small and Disadvantaged Business Utilization
For necessary expenses of the Office of Small and Disadvantaged Business Utilization, $1,020,400.
Office of Intelligence and Security
For necessary expenses of the Office of Intelligence and Security, $1,036,100.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer, $4,874,600.
Office of Intermodalism
For necessary expenses of the Office of Intermodalism, $956,900.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $6,966,000.
Transportation Planning, Research, and Development
For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $9,000,000.
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays of the Transportation Administrative Service Center, not to exceed $124,124,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That the preceding limitation shall not apply to activities associated with departmental Year 2000 conversion activities: Provided further, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the above
limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees.
Minority Business Resource Center
For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $13,775,000. In addition, for administrative expenses to carry out the direct loan program, $400,000.
Minority Business Outreach
For necessary expenses of Minority Business Resource Center outreach activities, $2,900,000, of which $2,635,000 shall remain available until September 30, 2000: Provided, That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation.
COAST GUARD
Operating Expenses
For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed five passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare; $2,700,000,000, of which $300,000,000 shall be available for defense-related activities; and of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund: Provided, That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109, except to the extent fees are collected from yacht owners and credited to this appropriation: Provided further, That the Commandant shall reduce both military and civilian employment levels for the purpose of complying with Executive Order No. 12839: Provided further, That up to $615,000 in user fees collected pursuant to section 1111 of Public Law 104-324 shall be credited to this appropriation as offsetting collections in fiscal year 1999: Provided further, That the Secretary may transfer funds to this account, from Federal Aviation Administration ``Operations'', not to exceed $71,705,000 in total for the fiscal year,
fifteen days after written notification to the House and Senate Committees on Appropriations, solely for the purpose of providing additional funds for drug interdiction activities: Provided further, That none of the funds in this Act shall be available for the Coast Guard to plan, finalize, or implement any regulation that would promulgate new maritime user fees not specifically authorized by law after the date of enactment of this Act.
Acquisition, Construction, and Improvements
For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $395,465,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of which $219,923,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2003; $35,700,000 shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 2001; $36,569,000 shall be available for other equipment, to remain available until September 30, 2001; $54,823,000 shall be available for shore facilities and aids to navigation facilities, to remain available until September 30, 2001; and $48,450,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 2000: Provided, That funds received from the sale of HU-25 aircraft shall be credited to this appropriation for the purpose of acquiring new aircraft and increasing aviation capacity: Provided further, That the Commandant may dispose of surplus real property by sale or lease and the proceeds shall be credited to this appropriation, of which not more than $1,000,000 shall be credited as offsetting collections to this account, to be available for the purposes of this account: Provided further, That the amount herein appropriated from the General Fund shall be reduced by such amount: Provided further, That any proceeds from the sale or lease of Coast Guard surplus real property in excess of $1,000,000 shall be retained and remain available until expended, but shall not be available for obligation until October 1, 1999: Provided further, That the Secretary, with funds made available under this heading, acting through the Commandant, may enter into a long-term Use Agreement with the City of Homer for dedicated pier space on the Homer dock necessary to support Coast Guard vessels when such vessels call on Homer, Alaska.
Environmental Compliance and Restoration
For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $21,000,000, to remain available until expended.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive bridges, $14,000,000, to remain available until expended.
Retired Pay
For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), $684,000,000.
Reserve Training
For all necessary expenses of the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $69,000,000: Provided, That no more than $20,000,000 of funds made available under this heading may be transferred to Coast Guard ``Operating expenses'' or otherwise made available to reimburse the Coast Guard for financial support of the Coast Guard Reserve: Provided further, That none of the funds in this Act may be used by the Coast Guard to assess direct charges on the Coast Guard Reserves for items or activities which were not so charged during fiscal year 1997.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $12,000,000, to remain available until expended, of which $3,500,000 shall be derived from the Oil Spill Liability Trust Fund: Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation.
FEDERAL AVIATION ADMINISTRATION
Operations
Notwithstanding any other provision of law, for necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, and carrying out the provisions of subchapter I of chapter 471 of title 49, United States Code, or other provisions of law authorizing the obligation of funds for similar programs of airport and airway development or improvement, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 104-264, $5,562,558,000 of which $4,112,174,000 shall be derived from the Airport and Airway Trust Fund: Provided, That none of the funds in this Act shall be available for the Federal Aviation Administration to plan, finalize, or implement any regulation that would promulgate new aviation user
fees not specifically authorized by law after the date of enactment of this Act: Provided further, That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further, That of the funds appropriated under this heading, $6,000,000 shall be for the contract tower cost-sharing program: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: Provided further, That none of the funds in this Act may be obligated or expended to operate a manned auxiliary flight service station in the contiguous United States: Provided further, That no more than $28,600,000 of funds appropriated to the Federal Aviation Administration in this Act may be used for activities conducted by, or coordinated through, the Transportation Administrative Service Center (TASC): Provided further, That none of the funds in this Act may be used for the Federal Aviation Administration to enter into a multiyear lease greater than five years in length or greater than $100,000,000 in value unless such lease is specifically authorized by the Congress and appropriations have been provided to fully cover the Federal Government's contingent liabilities: Provided further, That none of the funds in this Act may be used for the Federal Aviation Administration (FAA) to sign a lease for satellite services related to the global positioning system (GPS) wide area augmentation system until the administrator of the FAA certifies in writing to the House and Senate Committees on Appropriations that FAA has conducted a lease versus buy analysis which indicates that such lease will result in the lowest overall cost to the agency.
Facilities and Equipment
Notwithstanding any other provision of law, for necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this head; to be derived from the Airport and Airway Trust Fund, $1,900,000,000, of which $1,652,000,000 shall remain
available until September 30, 2001, and of which $248,000,000 shall remain available until September 30, 1999: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That none of the funds in this Act or any other Act making appropriations for fiscal year 1999 may be obligated for bulk explosive detection systems until 30 days after the FAA Administrator certifies to the House and Senate Committees on Appropriations, in writing, that the major air carriers responsible for providing aircraft security at Category X airports have agreed to: (1) begin assuming the operation and maintenance costs of such machines beginning in fiscal year 1999; and (2) substantially increase the usage of such machines above the level experienced as of April 1, 1998: Provided further, That none of the funds provided under this heading for ``Next Generation Navigation Systems'' may be obligated or expended for activities related to phase two or phase three of the wide area augmentation system.
Research, Engineering, and Development
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
authorization for the Grants-in-Aid for Airports program to the third and fourth quarters of fiscal year 1999.
Aviation Insurance Revolving Fund
The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program for aviation insurance activities under chapter 443 of title 49, United States Code.
Aircraft Purchase Loan Guarantee Program
None of the funds in this Act shall be available for activities under this heading during fiscal year 1999.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on General Operating Expenses
Necessary expenses for administration and operation of the Federal Highway Administration not to exceed $327,413,000 shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided further, That $53,375,000 shall be available to carry out the functions and operations of the office of motor carriers.
Federal-Aid Highways
None of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $25,511,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1999: Provided, That, notwithstanding any other provision of law, within the $25,511,000,000 obligation limitation on Federal-aid highways and highway safety construction programs, not more than $200,000,000 shall be available for the implementation or execution of programs for Intelligent Transportation Systems (Sections 5204, 5205, 5206, 5207, 5208, and 5209 of Public Law 105-178) for fiscal year 1999; not more than $178,150,000 shall be available for the implementation or execution of programs for transportation research (Sections 502, 503, 504, 506, 507, and 508 of title 23, United States Code, as amended; section 5505 of title 49, United States Code, as amended; and section 5112 of Public Law 105-178) for fiscal year 1999; not more than $38,000,000 shall be available for the implementation or execution of programs for Ferry Boat and Ferry Terminal Facility Program (Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) as amended)) for fiscal year 1999; not more than $15,000,000 shall be available for the implementation or execution of programs for the Magnetic Levitation Transportation Technology Deployment
Program (Section 1218 of Public Law 105-178) for fiscal year 1999, of which not to exceed $500,000 shall be available to the Federal Railroad Administration for administrative expenses and technical assistance in connection with such program; not more than $31,000,000 shall be available for the implementation or execution of programs for the Bureau of Transportation Statistics (Section 111 of title 49, United States Code) for fiscal year 1999: Provided further, That notwithstanding any other provision of law, within the $25,511,000,000 obligation limitation, $4,000,000 of the amounts made available as contract authority under section 1221(e) of the Transportation Equity Act for the 21st Century (Public Law 105-178) shall be made available to carry out section 5113 of that Act: Provided further, That within the $200,000,000 obligation limitation on Intelligent Transportation Systems, not less than the following sums shall be made available for Intelligent Transportation system projects in the following specified areas: Amherst, Massachusetts, $1,000,000; Arlington County, Virginia, $750,000; Atlanta, Georgia, $2,000,000; Brandon, Vermont, $375,000; Buffalo, New York, $500,000; Centre Valley, Pennsylvania, $500,000; Cleveland, Ohio, $1,000,000; Columbus, Ohio, $1,000,000; Corpus Christi, Texas, $900,000; Dade County, Florida, $1,000,000; Del Rio, Texas, $1,000,000; Delaware River, Pennsylvania, $1,000,000; Fairfield, California, $1,000,000; Fitchburg, Massachusetts, $500,000; Greater metropolitan capital region, DC, $5,000,000; Hammond, Louisiana, $4,000,000; Houston, Texas, $2,000,000; Huntington Beach, California, $1,000,000; Huntsville, Alabama, $1,000,000; Inglewood, California, $1,500,000; Jackson, Mississippi, $1,000,000; Kansas City, Missouri, $500,000; Laredo, Texas, $1,000,000; Middlesboro, Kentucky, $3,000,000; Mission Viejo, California, $1,000,000; Mobile, Alabama, $2,500,000; Monroe County, New York, $400,000; Montgomery, Alabama, $1,250,000; Nashville, Tennessee, $500,000; New Orleans, Louisiana, $1,500,000; New York City, New York, $2,500,000; New York/Long Island, New York, $2,300,000; Oakland County, Michigan, $1,000,000; Onandaga County, New York, $400,000; Port Angeles, Washington, $500,000; Raleigh-Wake County, North Carolina, $2,000,000; Riverside, California, $1,000,000; San Francisco, California, $1,500,000; Scranton, Pennsylvania, $1,000,000; Silicon Valley, California, $1,500,000; Spokane, Washington, $450,000;
Springfield, Virginia, $500,000; St. Louis, Missouri, $750,000; State of Alaska, $1,500,000; State of Idaho, $1,000,000; State of Maryland, $2,500,000; State of Minnesota, $7,100,000; State of Mississippi, $1,000,000; State of Missouri, $500,000; State of Montana, $700,000; State of Nevada, $575,000; State of New Jersey, $3,000,000; State of New Mexico, $1,000,000; State of New York, $2,500,000; State of North Dakota, $1,450,000; Commonwealth of Pennsylvania, $14,000,000; State of Texas, $1,000,000; State of Utah, $3,600,000; State of Washington, $2,000,000; State of Wisconsin, $1,500,000; Temucula, California, $250,000; Tucson, Arizona, $1,000,000; Volusia County, Florida, $1,000,000; Warren County, Virginia, $250,000; Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, $1,000,000; Westchester and Putnam Counties, New York, $500,000; and White Plains, New York, $1,000,000.
Federal-Aid Highways
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''.
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
$150,000,000 shall be for ``Highway Safety Programs'' under 23 U.S.C. 402, $10,000,000 shall be for ``Occupant Protection Incentive Grants'' under 23 U.S.C. 405, $35,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures Grants'' under 23 U.S.C. 410, $5,000,000 shall be for the ``State Highway Safety Data Grants'' under 23 U.S.C. 411: Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: Provided further, That not to exceed $7,500,000 of the funds made available for section 402, not to exceed $500,000 of the funds made available for section 405, not to exceed $1,750,000 of the funds made available for section 410, and not to exceed $193,000 of the funds made available for section 411 shall be available to NHTSA for administering highway safety grants under Chapter 4 of title 23, U.S.C.: Provided further, That not to exceed $500,000 of the funds made available for section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be available for technical assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
Office of the Administrator
For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $21,215,000, of which $1,784,000 shall remain available until expended: Provided, That, as part of the Washington Union Station transaction in which the Secretary assumed the first deed of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary's behalf, including payments on and after September 30, 1988, the Secretary is authorized to receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds: Provided further, That such additional sums as may be necessary for payment on the first deed of trust may be advanced by the Administrator from unobligated balances available to the Federal Railroad Administration, to be reimbursed from payments received from the Union Station Redevelopment Corporation.
Railroad Safety
For necessary expenses in connection with railroad safety, not otherwise provided for, $61,488,000, of which $3,825,000 shall remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated under this heading are available for the reimbursement of out-of-state travel and per diem costs incurred by employees of State governments directly supporting the Federal railroad safety program, including regulatory development and compliance-related activities.
Railroad Research and Development
For necessary expenses for railroad research and development, $22,364,000, to remain available until expended: Provided, That the Secretary is authorized to sell aluminum reaction rail, power rail base, and other related materials located at the Transportation
Technology Center, near Pueblo, Colorado, and shall credit the receipts from such sale to this account, notwithstanding 31 U.S.C. 3302, to remain available until expended.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 1999.
Next Generation High-Speed Rail
For necessary expenses for the Next Generation High-Speed Rail program as authorized under 49 United States Code sections 26101 and 26102, $20,494,000, to remain available until expended.
Alaska Railroad Rehabilitation
To enable the Secretary of Transportation to make grants to the Alaska Railroad, $10,000,000 shall be for capital rehabilitation and improvements benefiting its passenger operations.
Rhode Island Rail Development
For the costs associated with construction of a third track on the Northeast Corridor between Davisville and Central Falls, Rhode Island, with sufficient clearance to accommodate double stack freight cars, $5,000,000 to be matched by the State of Rhode Island or its designee on a dollar-for-dollar basis and to remain available until expended.
Capital Grants to the National Railroad Passenger Corporation
For necessary expenses of capital improvements of the National Railroad Passenger Corporation as authorized by U.S.C. 24104(a), $609,230,000, to remain available until expended.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $10,800,000, to remain available until expended: Provided, That no more than $54,000,000 of budget authority shall be available for these purposes: Provided further, That of the funds in this Act available for the execution of contracts under section 5327(c) of title 49, United States Code, $800,000 shall be transferred to the Department of Transportation Inspector
General for costs associated with the audit and review of new fixed guideway systems.
Formula Grants
For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 5311, 5327, and section 3038 of Public Law 105-178, $570,000,000, to remain available until expended: Provided, That no more than $2,850,000,000 of budget authority shall be available for these purposes: Provided further, That notwithstanding section 3008 of Public Law 105-178, the $50,000,000 to carry out 49 U.S.C. 5308 shall be transferred to and merged with funding provided for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities under ``Federal Transit Administration, Capital investment grants''.
University Transportation Research
For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to remain available until expended: Provided, That no more than $6,000,000 of budget authority shall be available for these purposes.
Transit Planning and Research
For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $19,800,000, to remain available until expended: Provided, That no more than $98,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide rural transportation assistance (49 U.S.C. 5311(b)(2)); $4,000,000 is available to carry out programs under the National Transit Institute (49 U.S.C. 5315); $8,250,000 is available to carry out transit cooperative research programs (49 U.S.C. 5313(a)); $43,841,600 is available for metropolitan planning (49 U.S.C. 5303, 5304, and 5305); $9,158,400 is available for state planning (49 U.S.C. 5313(b)); and $27,500,000 is available for the national planning and research program (49 U.S.C. 5314): Provided further, That of the total budget authority made available for the national planning and research program, the Federal Transit Administration shall provide the following amounts for the projects and activities listed below: City of Branson, MO congestion study, $450,000; Skagit County, WA North Sound connecting communities project, Skagit County Council of Governments, $50,000; Desert air quality comprehensive analysis, Las Vegas, NV, $1,000,000; Vegetation control on rail rights-of-way survey, $250,000; Zinc-air battery bus technology demonstration, $1,500,000; North Orange-South Seminole County, FL fixed guideway technology, $750,000; Galveston, TX fixed guideway activities, $750,000; Washoe County, NV transit technology, $1,250,000; Massachusetts Bay Transit Authority advanced electric transit buses and related infrastructure, $1,500,000; Palm Springs, CA fuel cell buses, $1,000,000; Gloucester, MA intermodal technology center, $1,500,000; Southeastern Pennsylvania Transit Authority advanced propulsion control system, $2,000,000;
Project ACTION, $3,000,000; Advanced transportation and alternative fuel vehicle technology consortium (CALSTART), $2,000,000; Rural transportation assistance program, $750,000; JOBLINKS, $1,000,000; Fleet operations, including bus rapid transit, $1,500,000; Northern tier community transportation, Massachusetts, $500,000; Hennepin County community transportation, Minnesota, $1,000,000; and Seattle, Washington livable city, $200,000.
Trust Fund Share of Expenses
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.
5 Alabama Birmingham intermodal facility................... 2,000,000 6 Alabama Birmingham-Jefferson County, buses............... 1,250,000 7 Alabama Dothan Wiregrass Transit Authority demand 500,000 response shuttle vehicles and transit facility. 8 Alabama Huntsville, intermodal space centers............. 5,000,000 9 Alabama Huntsville, transit facility..................... 1,000,000 10 Alabama Jasper buses..................................... 50,000 11 Alabama Lee-Russell Council buses........................ 790,000 12 Alabama Mobile, GM&O building............................ 5,000,000 13 Alabama Montgomery Union Station intermodal center and 5,000,000 buses. 14 Alabama Pritchard, bus transfer facility................. 500,000 15 Alabama Tuscaloosa, intermodal center.................... 1,950,000 16 Alabama University of North Alabama pedestrian walkways.. 800,000 17 Arkansas Arkansas Highway and Transit Department buses.... 200,000 18 Arkansas Fayetteville, University of Arkansas Transit 500,000 System buses. 19 Arkansas Hot Springs, transportation depot and plaza...... 560,000 20 Arkansas Little Rock, Central Arkansas Transit buses...... 300,000 21 Arkansas Statewide bus needs.............................. 1,500,000 22 Arizona Phoenix bus and bus facilities................... 4,000,000 23 Arizona Tucson alternatively fueled buses................ 2,000,000 24 Arizona Tucson intermodal facility....................... 1,000,000 25 California Central Contra Costa County transit vans......... 200,000 26 California Culver City, CityBus buses....................... 1,250,000 27 California Davis, Unitrans transit maintenance facility..... 625,000 28 California Davis/Sacramento area hydrogen bus technology 950,000 program. 29 California Folsom multimodal facility....................... 1,000,000 30 California Healdsburg, intermodal facility.................. 1,000,000 31 California Humboldt, intermodal facility.................... 1,000,000 32 California Huntington Beach buses........................... 200,000 33 California I-5 corridor intermodal transit centers.......... 2,500,000 34 California Lake Tahoe intermodal transit center............. 500,000 35 California Livermore automatic vehicle locator program...... 1,000,000 36 California Los Angeles County Metropolitan transportation 3,000,000 authority buses. 37 California Los Angeles Foothills Transit maintenance 1,000,000 facility. 38 California Los Angeles municipal transit operators 2,500,000 consortium. 39 California Los Angeles, Union Station Gateway Intermodal 1,250,000 Transit Center. 40 California Modesto, bus maintenance facility................ 1,355,000 41 California Monterey, Monterey-Salinas buses................. 625,000 42 California Morongo Basin, Transit Authority bus facility.... 650,000 43 California North San Diego County transit district buses.... 1,750,000 44 California Perris, bus maintenance facility................. 1,250,000 45 California Riverside Transit Agency buses and facilities and 1,000,000 ITS applications. 46 California Sacramento, CNG buses............................ 1,250,000 47 California San Bernardino buses............................. 1,000,000 48 California San Diego City College multimodal center (12th 1,000,000 Avenue/College Station). 49 California San Fernando Valley smart shuttle buses.......... 300,000 50 California San Francisco, Islais Creek maintenance facility. 1,250,000 51 California San Joaquin (Stockton) buses and bus facilities.. 1,000,000 52 California Santa Clara Valley Transportation Authority buses 1,000,000 and bus facilities. 53 California Santa Clarita transit maintenance facility....... 2,250,000 54 California Santa Cruz metropolitan bus facilities........... 625,000 55 California Santa Cruz transit facility...................... 1,000,000 56 California Santa Rosa/Cotati, and Rohnert Park facilities... 750,000 57 California Santa Rosa/Cotati, intermodal transportation 750,000 facilities. 58 California Solano Links intercity transit consortium........ 1,000,000 59 California Ukiah Transit Center............................. 500,000 60 California Windsor, Intermodal Facility..................... 750,000 61 California Woodland Hills, Warner Center Transportation Hub. 325,000
62 California Yolo County, bus facility........................ 1,200,000 63 Colorado Boulder/Denver, RTD buses........................ 625,000 64 Colorado Colorado buses and bus facilities................ 6,800,000 65 Colorado Denver, Stapleton Intermodal Center.............. 1,250,000 66 Connecticut Hartford, Transportation Access Project.......... 800,000 67 Connecticut New Haven, bus facility.......................... 2,250,000 68 Connecticut Norwich, buses................................... 2,250,000 69 Connecticut Waterbury, bus facility.......................... 2,250,000 70 District/Columbia Fuel cell bus and bus facilities program (section 4,850,000 3015(b)). 71 District/Columbia Washington, D.C. Intermodal Transportation Center 2,500,000 72 Delaware Delaware statewide buses......................... 1,000,000 73 Florida Broward County, buses............................ 1,000,000 74 Florida Clearwater multimodal facility................... 2,500,000 75 Florida Daytona Beach, Intermodal Center................. 2,500,000 76 Florida Gainesville buses and equipment.................. 1,500,000 77 Florida Jacksonville buses and bus facilities............ 1,000,000 78 Florida Lakeland, Citrus Connection transit vehicles and 1,250,000 related equipment. 79 Florida Lynx buses and bus facilities.................... 1,000,000 80 Florida Miami, bus security and surveillance............. 1,000,000 81 Florida Miami Beach multimodal transit center............ 1,000,000 82 Florida Miami Beach, Electric Shuttle Service............ 750,000 83 Florida Miami-Dade, buses................................ 2,250,000 84 Florida Orlando, Intermodal Facility..................... 2,500,000 85 Florida Tampa Hartline buses............................. 1,250,000 86 Georgia Atlanta, MARTA buses............................. 12,000,000 87 Georgia Savannah/Chatham Area transit bus transfer 3,500,000 centers and buses. 88 Hawaii Honolulu, bus facility and buses................. 3,250,000 89 Illinois Illinois statewide buses and bus-related 6,800,000 equipment. 90 Illinois Rock Island, buses............................... 2,500,000 91 Indiana City of East Chicago buses....................... 200,000 92 Indiana Gary, Transit Consortium buses................... 1,250,000 93 Indiana Indianapolis, buses.............................. 5,000,000 94 Indiana South Bend, Urban Intermodal Transportation 1,250,000 Facility. 95 Iowa Fort Dodge, Intermodal Facility (Phase II)....... 885,000 96 Iowa Iowa statewide buses and bus facilities.......... 3,000,000 97 Iowa Iowa/Illinois Transit Consortium bus safety and 1,000,000 security. 98 Iowa Sioux City park and ride bus facility............ 1,800,000 99 Kansas Johnson County bus maintenance/operations 2,000,000 facility. 100 Kentucky Louisville, Kentucky University of Louisville and 3,000,000 River City buses. 101 Kentucky Northern Kentucky Area Development District 100,000 senior citizen buses. 102 Kentucky Owensboro buses.................................. 200,000 103 Kentucky Southern and eastern Kentucky buses and bus 2,000,000 facilities. 104 Louisiana Statewide buses and bus-related facilities....... 11,000,000 105 Massachusetts Essex and Middlesex buses........................ 3,128,000 106 Massachusetts New Bedford/Fall River Mobile Access to health 250,000 care. 107 Massachusetts Pittsfield intermodal center..................... 4,600,000 108 Massachusetts Springfield, Union Station....................... 1,250,000 109 Massachusetts Westfield intermodal center...................... 2,000,000 110 Massachusetts Worcester, Union Station Intermodal 2,500,000 Transportation Center. 111 Maryland Maryland statewide bus facilities and buses...... 10,000,000 112 Michigan Lansing, CATA bus technology improvements........ 600,000 113 Michigan Michigan statewide buses......................... 10,000,000 114 Minnesota Duluth, Transit Authority community circulation 1,000,000 vehicles. 115 Minnesota Duluth, Transit Authority intelligent 500,000 transportation systems. 116 Minnesota Duluth, Transit Authority Transit Hub............ 500,000
117 Minnesota Northstar Corridor, Intermodal Facilities and 6,000,000 buses. 118 Minnesota Twin Cities area metro transit buses and bus 9,500,000 facilities. 119 Missouri Kansas City Union Station redevelopment.......... 2,500,000 120 Missouri OATS Transit..................................... 2,500,000 121 Missouri Southwest Missouri State University park and ride 1,000,000 facility. 122 Missouri St. Louis, Bi-state Intermodal Center............ 1,250,000 123 Missouri Statewide bus and bus facilities................. 4,500,000 124 Mississippi Harrison County multimodal center/hybrid electric 1,900,000 shuttle buses. 125 Mississippi High Street, Jackson intermodal center........... 2,000,000 126 Mississippi Jackson buses and facilities..................... 1,600,000 127 Montana Butte bus replacements........................... 1,500,000 128 Nevada Clark County Regional Transportation Commission 2,615,000 buses and bus facilities. 129 Nevada Reno, RTC transit passenger and facility security 1,250,000 improvements. 130 Nevada Washoe County, transit improvements.............. 2,250,000 131 New Hampshire Berlin Tri-County Community Action transit garage 120,000 132 New Hampshire Carroll County transportation alliance buses..... 200,000 133 New Hampshire Concord Area Transit buses....................... 750,000 134 New Hampshire Greater Laconia Transit Agency buses............. 450,000 135 New Hampshire Keene HCS community care buses and equipment..... 100,000 136 New Hampshire Lebanon advance transit buses.................... 150,000 137 New Hampshire Statewide transit systems........................ 1,000,000 138 New Jersey New Jersey Transit jitney shuttle buses.......... 1,750,000 139 New Jersey Newark, Morris & Essex Station access and buses.. 1,250,000 140 New Jersey South Amboy, Regional Intermodal Transportation 1,250,000 Initiative. 141 New Jersey Statewide alternatively fueled vehicles.......... 7,500,000 142 New Mexico Albuquerque, buses, paratransit vehicles, and bus 3,750,000 facility. 143 New Mexico Northern New Mexico park and ride facilities..... 2,000,000 144 New York Babylon, Intermodal Center....................... 1,250,000 145 New York Brookhaven Town, elderly and disabled buses and 225,000 vans. 146 New York Brooklyn-Staten Island, Mobility Enhancement 800,000 buses. 147 New York Broome County buses and fare collection equipment 900,000 148 New York Buffalo, Auditorium Intermodal Center............ 3,000,000 149 New York Dutchess County, Loop System buses............... 521,000 150 New York East Hampton, elderly and disabled buses and vans 100,000 151 New York Ithaca, TCAT bus technology improvements......... 1,250,000 152 New York Long Beach central bus facility.................. 750,000 153 New York Long Island, CNG transit vehicles and facilities 1,250,000 and bus replacement. 154 New York Mineola/Hicksville, LIRR Intermodal Centers...... 1,250,000 155 New York Nassau County CNG buses.......................... 1,000,000 156 New York New York City Midtown West Ferry Terminal........ 1,500,000 157 New York New York, West 72nd St. Intermodal Station....... 1,750,000 158 New York Niagara Frontier Transportation Authority Hublink 500,000 159 New York Rensselaer intermodal bus facility............... 1,000,000 160 New York Riverhead, elderly and disabled buses and vans... 125,000 161 New York Rochester central bus facility................... 1,000,000 162 New York Rome, Intermodal Center.......................... 400,000 163 New York Shelter Island, elderly and disabled buses and 100,000 vans. 164 New York Smithtown, elderly and disabled buses and vans... 125,000 165 New York Southampton, elderly and disabled buses and vans. 125,000 166 New York Southold, elderly and disabled buses and vans.... 100,000 167 New York Suffolk County, elderly and disabled buses and 100,000 vans. 168 New York Syracuse CNG buses and facilities................ 2,000,000
169 New York Ulster County bus facilities and equipment....... 1,000,000 170 New York Utica and Rome, bus facilities and buses......... 500,000 171 New York Utica, Union Station............................. 2,100,000 172 New York Westchester County, Bee-Line transit system 979,000 fareboxes. 173 New York Westchester County, Bee-Line transit system 1,000,000 shuttle buses. 174 New York Westchester County, DOT articulated buses........ 1,250,000 175 North Carolina Greensboro, Multimodal Center.................... 3,340,000 176 North Carolina Greensboro, Transit Authority buses.............. 1,500,000 177 North Carolina Greensboro, Transit Authority small buses and 321,000 vans. 178 North Carolina Statewide buses and bus facilities............... 5,000,000 179 North Dakota Statewide buses and bus-related facilities....... 2,000,000 180 Ohio Cleveland, Triskett Garage bus maintenance 625,000 facility. 181 Ohio Dayton, Multimodal Transportation Center......... 625,000 182 Ohio Statewide buses and bus facilities............... 12,000,000 183 Ohio Toledo Mud Hens transit center study............. 200,000 184 Oklahoma Oklahoma statewide bus facilities and buses...... 5,000,000 185 Oregon Lane County, Bus Rapid Transit................... 4,400,000 186 Oregon Portland, Tri-Met buses.......................... 1,750,000 187 Oregon Rogue Valley transit district bus purchase....... 1,000,000 188 Oregon Salem area mass transit system buses............. 1,000,000 189 Oregon Wilsonville, buses and shelters.................. 400,000 190 Pennsylvania Altoona bus testing facility (section 3009)...... 3,000,000 191 Pennsylvania Altoona, Metro Transit Authority buses and 842,000 transit system improvements. 192 Pennsylvania Altoona, Metro Transit Authority Logan Valley 80,000 Mall Suburban Transfer Center. 193 Pennsylvania Altoona, Metro Transit Authority Transit Center 424,000 improvements. 194 Pennsylvania Altoona, pedestrian crossover.................... 800,000 195 Pennsylvania Armstrong County-Mid-County, PA bus facilities 150,000 and buses. 196 Pennsylvania Beaver County bus facility....................... 1,000,000 197 Pennsylvania Bradford County, Endless Mountain Transportation 1,000,000 Authority buses. 198 Pennsylvania Cambria County, bus facilities and buses......... 575,000 199 Pennsylvania Centre Area, Transportation Authority buses...... 1,250,000 200 Pennsylvania Chambersburg, Transit Authority buses............ 300,000 201 Pennsylvania Chambersburg, Transit Authority Intermodal Center 1,000,000 202 Pennsylvania Chester County, Paoli Transportation Center...... 1,000,000 203 Pennsylvania Crawford Area, Transportation buses.............. 500,000 204 Pennsylvania Erie, Metropolitan Transit Authority buses....... 1,000,000 205 Pennsylvania Fayette County, Intermodal Facilities and buses.. 1,270,000 206 Pennsylvania Lackawanna County, Transit System buses.......... 600,000 207 Pennsylvania Mercer County, buses............................. 750,000 208 Pennsylvania Monroe County, Transportation Authority buses.... 1,000,000 209 Pennsylvania Philadelphia, Frankford Transportation Center.... 5,000,000 210 Pennsylvania Philadelphia, Intermodal 30th Street Station..... 1,250,000 211 Pennsylvania Philadelphia, Regional Transportation System for 750,000 Elderly and Disabled. 212 Pennsylvania Reading, BARTA Intermodal Transportation Facility 1,750,000 213 Pennsylvania Red Rose, Transit Bus Terminal................... 1,000,000 214 Pennsylvania Robinson, Towne Center Intermodal Facility....... 1,500,000 215 Pennsylvania Schuylkill County buses.......................... 220,000 216 Pennsylvania Somerset County, bus facilities and buses........ 175,000 217 Pennsylvania Towamencin Township, Intermodal Bus 1,500,000 Transportation Center. 218 Pennsylvania Washington County, Intermodal Facilities......... 630,000 219 Pennsylvania Westmoreland County, Intermodal Facility......... 200,000 220 Pennsylvania Wilkes-Barre, Intermodal Facility................ 1,250,000 221 Pennsylvania Williamsport, Bus Facility....................... 1,200,000 222 Puerto Rico San Juan Intermodal access....................... 950,000 223 Rhode Island Providence, buses and bus maintenance facility... 2,250,000 224 Rhode Island Rhode Island Public Transit Authority buses...... 3,200,000 225 South Carolina Columbia Bus replacement......................... 1,100,000
226 South Carolina Pee Dee buses and facilities..................... 1,250,000 227 South Carolina South Carolina statewide Virtual Transit 1,220,000 Enterprise. 228 South Carolina Spartanburg buses and facilities................. 1,000,000 229 South Dakota Computerized bus dispatch system, radios, money 800,000 boxes, and lift replacements. 230 South Dakota Sioux Falls buses................................ 1,000,000 231 South Dakota South Dakota statewide bus facilities and buses.. 3,500,000 232 Tennessee Statewide buses and bus facilities............... 2,000,000 233 Texas Austin, buses.................................... 2,250,000 234 Texas Brazos Transit Authority buses and facilities.... 1,500,000 235 Texas Corpus Christi transit authority buses and 1,000,000 facilities. 236 Texas Dallas Area Rapid transit buses.................. 2,750,000 237 Texas Fort Worth bus and paratransit vehicle project... 2,500,000 238 Texas Galveston buses and bus facilities............... 1,000,000 239 Texas Texas statewide small urban and rural buses...... 6,000,000 240 Utah Ogden, Intermodal Center......................... 800,000 241 Utah Utah Hybrid electric vehicle bus purchase........ 1,500,000 242 Utah Utah Transit Authority, Intermodal Facilities.... 1,500,000 243 Utah Utah Transit Authority/Park City Transit, buses.. 6,500,000 244 Vermont Brattleboro Union Station multimodal center...... 2,500,000 245 Vermont Burlington intermodal center..................... 1,000,000 246 Vermont Deerfield Valley Transit authority............... 500,000 247 Virginia Alexandria, bus maintenance facility and Crystal 1,000,000 City canopy project. 248 Virginia Alexandria, King Street Station access........... 1,100,000 249 Virginia Harrisonburg, buses.............................. 200,000 250 Virginia Lynchburg, buses................................. 200,000 251 Virginia Richmond, GRTC bus maintenance facility.......... 1,250,000 252 Virginia Roanoke, buses................................... 200,000 253 Virginia Statewide buses and bus facilities............... 10,000,000 254 Washington Anacortes ferry terminal information system...... 500,000 255 Washington Ben Franklin transit operating facility.......... 1,000,000 256 Washington Bremerton transportation center.................. 1,000,000 257 Washington Central Puget Sound Seattle bus program.......... 8,000,000 258 Washington Chelan-Douglas multimodal center................. 900,000 259 Washington Everett, Multimodal Transportation Center........ 1,950,000 260 Washington Grant County, buses and vans..................... 600,000 261 Washington Mount Vernon, Multimodal Center.................. 1,750,000 262 Washington Port Angeles center.............................. 1,000,000 263 Washington Seattle, Intermodal Transportation Terminal...... 1,250,000 264 Washington Snohomish County, Community transit buses........ 1,000,000 265 Washington Tacoma Dome, buses and bus facilities............ 1,750,000 266 Washington Thurston County intercity buses.................. 1,000,000 267 Washington Vancouver, Clark County (C-Tran) bus facilities.. 1,000,000 268 Wisconsin Milwaukee County, buses.......................... 4,000,000 269 Wisconsin Wisconsin statewide bus facilities and buses..... 12,875,000 270 West Virginia Huntington, Intermodal Facility.................. 8,000,000 271 West Virginia West Virginia statewide Intermodal Facility and 6,500,000 buses. ----------------------------------------------------------------------------------------------------------------
and there shall be available for new fixed guideway systems, $902,800,000, to be available as follows: $10,400,000 for the Alaska or Hawaii ferry projects; $5,000,000 for the Albuquerque light rail project; $52,110,000 for the Atlanta-North Springs project; $1,000,000 for the Austin Capital metro project; $500,000 for the Baltimore central downtown transit alternatives major investment study; $1,000,000 for the Baltimore light rail double track project; $1,000,000 for the Birmingham, Alabama alternatives analysis study and preliminary engineering; $500,000 for the Boston North-South rail link project; $750,000 for the Boston urban ring project;
$2,000,000 for the Burlington-Essex, Vermont commuter rail project; $2,200,000 for the Canton-Akron-Cleveland commuter rail project; $2,200,000 for the Charleston, South Carolina monobeam rail project; $3,000,000 for the Charlotte, North Carolina South-North corridor transitway project; $6,000,000 for the Chicago Metra commuter rail extensions and upgrades project; $3,000,000 for the Chicago Transit Authority Ravenswood and Douglas branch lines projects: Provided, That recognizing the nature of these projects, of the requirements of 49 U.S.C. section 5309(e), only sections 5309(e)(1)(C) and 5309(e)(4) shall apply; $1,800,000 for the Cincinnati Northeast/Northern Kentucky rail line project; $4,000,000 for the Clark County, Nevada fixed guideway project; $1,000,000 for the Cleveland Berea Red Line extension to the Hopkins International Airport project; $2,000,000 for the Cleveland Euclid corridor improvement project; $500,000 for the Colorado-North Front Range corridor feasibility study; $12,000,000 for the Dallas-Fort Worth RAILTRAN project; $16,000,000 for the DART North Central light rail extension project; $1,000,000 for the Dayton, Ohio light rail study; $40,000,000 for the Denver Southwest Corridor project; $500,000 for the Denver Southeast Corridor multimodal corridor project; $17,000,000 for the Dulles corridor project; $4,000,000 for the Fort Lauderdale, Florida Tri-County commuter rail project; $1,000,000 for the Harrisburg, Pennsylvania capital area transit/corridor one project; $1,500,000 for the Hartford, Connecticut light rail project; $3,000,000 for the Honolulu, Hawaii major investment analysis of transit alternatives; $2,000,000 for the Houston advanced regional transit program; $59,670,000 for the Houston Regional Bus project; $1,000,000 for the Johnson County, Kansas I-35 commuter rail project; $500,000 for the Kansas City, Missouri commuter rail study; $500,000 for the Kenosha-Racine-Milwaukee, Wisconsin commuter rail project; $250,000 for the King County, Washington Elliot Bay water taxi; $1,500,000 for the Knoxville, Tennessee electric transit project; $1,000,000 for the Largo, Maryland Metro Blue Line extension project; $1,000,000 for the Little Rock, Arkansas River rail project;
$24,000,000 for the Long Island Railroad East Side access project, New York; $38,000,000 for the Los Angeles MOS-3 project; $1,000,000 for the Massachusetts North Shore corridor project; $17,041,000 for the MARC commuter rail project; $1,000,000 for the Maryland Route 5 corridor; $2,200,000 for the Memphis, Tennessee Medical Center rail extension project; $3,000,000 for the Miami Metro-Dade Transit east-west corridor project; $3,000,000 for the Miami Metro-Dade North 27th Avenue corridor project; $8,000,000 for the Mid-City and East Side projects, Los Angeles; $4,000,000 for the Morgantown, West Virginia fixed guideway modernization project; $1,000,000 for the Nashville, Tennessee regional commuter rail project; $70,000,000 for the New Jersey urban core Hudson-Bergen LRT project; $6,000,000 for the New Jersey urban core Newark-Elizabeth rail link project; $500,000 for the New London, Connecticut waterfront access project; $22,000,000 for the New Orleans Canal Street corridor project; $2,000,000 for the New Orleans Desire Streetcar project; $8,000,000 for the Norfolk-Virginia Beach regional rail project; $500,000 for the Northeast Ohio commuter rail study, Phase 2; $3,000,000 for the Northern Indiana South Shore commuter rail project; $3,000,000 for the Oceanside-Escondido passenger rail project; $500,000 for the Old Saybrook-Hartford, Connecticut rail extension project; $1,000,000 for the Omaha, Nebraska trolley system; $2,500,000 for the Orange County, California transitway project; $17,500,000 for the Orlando Lynx light rail project; $3,000,000 for the Philadelphia-Reading SEPTA Schuykill Valley Metro project; $1,000,000 for the Philadelphia SEPTA Cross County Metro project; $5,000,000 for the Phoenix metropolitan area transit project; $4,000,000 for the Pittsburgh Allegheny County Stage II light rail project; $1,000,000 for the Pittsburgh North Shore central business district transit options MIS; $25,718,000 for the Portland-Westside/Hillsboro project; $5,000,000 for the Puget Sound RTA Link light rail project; $41,000,000 for the Puget Sound RTA Sounder commuter rail project;
$10,000,000 for the Raleigh-Durham-Chapel Hill Triangle Transit project; $23,480,000 for the Sacramento south corridor LRT project; $70,000,000 for the Salt Lake City South LRT project; $5,000,000 for the Salt Lake City/Airport to University (West-East) light rail project: Provided further, That the non- governmental share for these funds shall be determined in accordance with Section 3030(c)(2)(B)(ii) of the Transportation Equity Act for the 21st Century, as amended (Public Law 105- 178); $1,000,000 for the San Bernardino Metrolink extension project; $2,000,000 for the San Diego Mid-Coast corridor project; $1,500,000 for the San Diego Mission Valley East light rail transit project; $40,000,000 for the San Francisco BART extension to the airport project; $500,000 for the San Jacinto-Branch Line (Riverside County) project; $27,000,000 for the San Jose Tasman LRT project; $20,000,000 for the San Juan Tren Urbano; $500,000 for the Savannah, Georgia water taxi; $250,000 for the Sioux City micro rail trolley system; $53,983,000 for the South Boston Piers MOS-2 project; $1,000,000 for the South Dekalb-Lindburgh corridor LRT project; $200,000 for the Southeast Michigan commuter rail viability project; $1,000,000 for the Spokane, Washington light rail project; $500,000 for the St. Louis-Jefferson City-Kansas City, Missouri commuter rail project; $35,000,000 for the St. Louis-St. Clair LRT extension project; $1,000,000 for the Stamford, Connecticut fixed guideway connector; $1,000,000 for the Tampa Bay regional rail project; $17,000,000 for the Twin Cities Transitways project; $2,000,000 for the Virginia Railway Express Woodbridge station improvements project; and $1,000,000 for the West Trenton, New Jersey rail project:
Provided further, That funds provided in Public Law 105-66 for the Pennsylvania Strawberry Hill/Diamond Branch rail project shall be available for the Laurel Rail line project in Lackawanna County, Pennsylvania.
Mass Transit Capital Fund
Notwithstanding any other provision of law, for payment of previous obligations incurred in carrying out 49 U.S.C. 5338(b), $2,000,000,000, to remain available until expended and to be derived from the Mass Transit Account of the Highway Trust Fund.
Job Access and Reverse Commute Grants
For necessary expenses to carry out section 3037 of the Federal Transit Act of 1998, $35,000,000, to remain available until expended: Provided, That no more than $75,000,000 of budget authority shall be available for these purposes: Provided further, That of the amounts appropriated under this head, not more than $10,000,000 shall be used for grants for reverse commute projects.
Washington Metropolitan Area Transit Authority
For necessary expenses to carry out the provisions of section 14 of Public Law 96-184 and Public Law 101-551, $50,000,000, to remain available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year.
Operations and Maintenance
For necessary expenses for operations and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $11,496,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
For expenses necessary to discharge the functions of the Research and Special Programs Administration, $29,280,000, of which $574,000 shall be derived from the Pipeline Safety Fund, and of which $3,460,000 shall remain available until September 30, 2001: Provided, That up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
Pipeline Safety
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
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. Funds appropriated under this Act for expenditures by the Federal Aviation Administration shall be available: (1) except
as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.
Sec. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV.
Sec. 305. None of the funds in this Act shall be available for salaries and expenses of more than 100 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. Sec. 306. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Sec. 307. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. Sec. 308. The Secretary of Transportation may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, and any other entity in execution of the Technology Reinvestment Project authorized under the Defense Conversion, Reinvestment and Transition Assistance Act of 1992 and related legislation: Provided, That the authority provided in this section may be exercised without regard to section 3324 of title 31, United States Code. Sec. 309. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 310. (a) For fiscal year 1999, the Secretary of Transportation shall-- (1) not distribute from the obligation limitation for Federal-aid Highways amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, and amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics. (2) not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways and highway safety programs for the previous fiscal year the funds for which are allocated by the Secretary; (3) determine the ratio that-- (A) the obligation limitation for Federal-aid Highways less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to (B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection; (4) distribute the obligation limitation for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) for section 117 of title 23, United States Code (relating to high priority projects program), section 201 of the Appalachian Regional Development Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act of 1995, and $2,000,000,000 for such fiscal year under section 105 of the Transportation Equity Act for the 21st Century (relating to minimum guarantee) so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; (5) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which paragraph (4) applies) by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such program for such fiscal year; and (6) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 23, United States Code, in the ratio that-- (A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to (B) the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation limitation for Federal-aid Highways shall not apply to obligations
(1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; (6) under section 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, United States Code, as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century; and (8) under section 105 of title 23, United States Code (but, only in an amount equal to $639,000,000 for such fiscal year). (c) Redistribution of Unused Obligation Authority.--Notwithstanding subsection (a), the Secretary shall after August 1 for such fiscal year revise a distribution of the obligation limitation made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1943-1945). (d) Applicability of Obligation Limitations to Transportation Research Programs.--The obligation limitation shall apply to transportation research programs carried out under chapters 3 and 5 of title 23, United States Code, except that obligation authority made available for such programs under such limitation shall remain available for a period of 3 fiscal years. (e) Redistribution of Certain Authorized Funds.--Not later than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (1) that are authorized to be appropriated for such fiscal year for Federal-aid highways programs (other than the program under section 160 of title 23, United States Code) and for carrying out subchapter I of chapter 311 of title 49, United States Code, and chapter 4 of title 23, United States Code, and (2) that the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. Such distribution to the States shall be made in the same ratio as the distribution of obligation authority under subsection (a)(6). The funds so distributed shall be available for any purposes described in section 133(b) of title 23, United States Code. (f) Special Rule.--Obligation limitation distributed for a fiscal year under subsection (a)(4) for a section set forth in subsection (a)(4) shall remain available until used for obligation of funds for such section and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. Sec. 311. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation.
Sec. 312. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. Sec. 313. None of the funds in this Act shall be available to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. Sec. 314. Notwithstanding any other provision of law, airports may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant. The FAA shall accept such equipment, which shall thereafter be operated and maintained by the FAA in accordance with agency criteria.
Sec. 315. None of the funds in this Act shall be available to award a multiyear contract for production end items that: (1) includes economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract; (2) includes a cancellation charge greater than $10,000,000 which at the time of obligation has not been appropriated to the limits of the Government's liability; or (3) includes a requirement that permits performance under the contract during the second and subsequent years of the contract without conditioning such performance upon the appropriation of funds: Provided, That this limitation does not apply to a contract in which the Federal Government incurs no financial liability from not buying additional systems, subsystems, or components beyond the basic contract requirements. Sec. 316. Section 218 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in the first sentence by striking ``the south Alaskan border'' and inserting ``Haines'' in lieu thereof; (B) in the third sentence by striking ``highway'' and inserting ``highway or the Alaska Marine Highway System'' in lieu thereof; (C) in the fourth sentence by striking ``any other fiscal year thereafter'' and inserting ``any other fiscal year thereafter, including any portion of any other fiscal year thereafter, prior to the date of the enactment of the Transportation Equity Act for the 21st Century'' in lieu thereof; (D) in the fifth sentence by striking ``construction of such highways until an agreement'' and inserting ``construction of the portion of such highways that are in Canada until an agreement'' in lieu thereof; and (2) in subsection (b) by inserting ``in Canada'' after ``undertaken''.
Sec. 317. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ``Federal Transit Administration, Capital investment grants'' for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2001, and other recoveries, shall be made available for other projects under 49 U.S.C. 5309.
Sec. 318. Notwithstanding any other provision of law, any funds appropriated before October 1, 1998, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. Sec. 319. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 1999. Sec. 320. Funds provided in this Act for the Transportation Administrative Service Center (TASC) shall be reduced by $15,000,000, which limits fiscal year 1999 TASC obligational authority for elements of the Department of Transportation funded in this Act to no more than $109,124,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the Transportation Administrative Service Center. Sec. 321. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's ``Limitation on General Operating Expenses'' account, the Federal Transit Administration's ``Transit Planning and Research'' account, and to the Federal Railroad Administration's ``Railroad Safety'' account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. Sec. 322. None of the funds in this Act shall be available to prepare, propose, or promulgate any regulations pursuant to title V of the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901 et seq.) prescribing corporate average fuel economy standards for automobiles, as defined in such title, in any model year that differs from standards promulgated for such automobiles prior to enactment of this section. Sec. 323. Notwithstanding any other provision of law, the Secretary of Transportation shall convey, without consideration, all right, title, and interest of the United States in and to the parcels of real property described in this section, together with any improvements thereon, as the Secretary considers appropriate for purposes of the conveyance, to the entities described in this section, namely: (1) United States Coast Guard Pass Manchac Light in Tangipahoa Parish, Louisiana, to the State of Louisiana; and (2) Tchefuncte River Range Rear Light in Madisonville, Louisiana, to the Town of Madisonville, Louisiana.
Sec. 324. None of the funds made available in this Act may be used for the purpose of promulgating or enforcing any regulation that has the practical effect of (a) requiring more than one attendant during unloading of liquefied compressed gases, or (b) preventing the attendant from monitoring the customer's liquefied compressed gas storage tank during unloading. Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such
funds shall be subject to the obligation limitation for Federal-aid highways and highway safety construction. Sec. 326. None of the funds in this Act may be obligated or expended for employee training which: (1) does not meet identified needs for knowledge, skills and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluations; (4) contains any methods or content associated with religious or quasi- religious belief systems or ``new age'' belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace; or (6) includes content related to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. Sec. 327. None of the funds in this Act shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation: Provided, That this shall not prevent officers or employees of the Department of Transportation or related agencies funded in this Act from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Sec. 328. Not to exceed $1,000,000 of the funds provided in this Act for the Department of Transportation shall be available for the necessary expenses of advisory committees: Provided, That this limitation shall not apply to advisory committees established for the purpose of conducting negotiated rulemaking in accordance with the Negotiated Rulemaking Act, 5 U.S.C. 561-570a, or the Coast Guard's advisory council on roles and missions Sec. 329. Bulk Fuel Storage 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.
(c) TAPS Payment to Alaska Dedicated to Bulk Fuel Storage Tank Repair and Replacement.--Section 8102(a)(2)(B)(i) of Public Law 101-380 (43 U.S.C. 1653 note) is amended by inserting immediately before the semicolon, ``, which, except as otherwise provided under article IX, section 15, of the Alaska Constitution, shall be used for the remediation of above-ground storage tanks''. Sec. 330. No funds other than those appropriated to the Surface Transportation Board or fees collected by the Board shall be used for conducting the activities of the Board. Sec. 331. (a) None of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a- 10c). (b) Sense of the Congress; Requirement Regarding Notice.-- (1) Purchase of american-made equipment and products.--In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products to the greatest extent practicable. (2) Notice to recipients of assistance.--In providing financial assistance using funds made available in this Act, the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products as Made in America.--If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 332. Notwithstanding any other provision of law, receipts, in amounts determined by the Secretary, collected from users of fitness centers operated by or for the Department of Transportation shall be available to support the operation and maintenance of those facilities. Sec. 333. None of the funds in this Act shall be available to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O'Hare International Airport under section 93.223 of title 14 of the Code of Federal Regulations in excess of the total slots withdrawn from that air carrier as of October 31, 1993 if such additional slot is to be allocated to an air carrier or foreign air carrier under section 93.217 of title 14 of the Code of Federal Regulations. Sec. 334. Notwithstanding 49 U.S.C. 41742, no essential air service shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport.
Sec. 335. Rebates, refunds, incentive payments, minor fees and other funds received by the Department from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department and allocated to elements of the Department using fair and equitable criteria and such funds shall be available until December 31, 1999. Sec. 336. Notwithstanding any other provision of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. Sec. 337. The unobligated balances of the funds made available in previous appropriations Acts for the National Civil Aviation Review Commission and for Urban Discretionary Grants are rescinded. Sec. 338. (a) Notwithstanding any other provision of law-- (1) the land and improvements thereto comprising the Coast Guard Reserve Training Facility in Jacksonville, Florida, is deemed to be surplus property; and (2) the Commandant of the Coast Guard shall dispose of all right, title, and interest of the United States in and to that property, by sale, at fair market value.
(b) Right of First Refusal.--Before a sale is made under subsection (a) to any other person, the Commandant of the Coast Guard shall give to the City of Jacksonville, Florida, the right of first refusal to purchase all or any part of the property required to be sold under that subsection. Sec. 339. Of the funds provided under Federal Aviation Administration ``Operations'', $250,000 is only for activities and operations of the Centennial of Flight Commission. Sec. 340. Notwithstanding any other provision of law, the Secretary of Transportation shall waive repayment of any Federal-aid highway funds expended on the construction of those high occupancy lanes or auxiliary lanes constructed on I-287 in the State of New Jersey, pursuant to section 338 of the fiscal year 1993 Department of Transportation and Related Agencies Appropriations Act (Public Law 102-388), if the State of New Jersey presents the Secretary with its determination that such high occupancy vehicle lanes or auxiliary lanes are not in the public interest. Sec. 341. (a) Authority To Convey.--The Secretary of Transportation may convey, without consideration, to the State of North Carolina (in this section referred to as the ``State''), all right, title, and interest of the United States in and to a parcel of real property, together with any improvements thereon, in Ocracoke, North Carolina, consisting of such portion of the Coast Guard Station Ocracoke, North Carolina, as the Secretary considers appropriate for purposes of the conveyance. (b) Conditions.--The conveyance under subsection (a) shall be subject to the following conditions: (1) That the State accept the property to be conveyed under that subsection subject to such easements or rights of way in favor of the United States as the Secretary considers to be appropriate for-- (A) utilities; (B) access to and from the property;
(C) the use of the boat launching ramp on the property; and (D) the use of pier space on the property by search and rescue assets. (2) That the State maintain the property in a manner so as to preserve the usefulness of the easements or rights of way referred to in paragraph (1). (3) That the State utilize the property for transportation, education, environmental, or other public purposes.
(c) Reversion.--(1) If the Secretary determines at any time that the property conveyed under subsection (a) is not to be used in accordance with subsection (b), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon. (2) Upon reversion under paragraph (1), the property shall be under the administrative jurisdiction of the Administrator of General Services. (d) Description of Property.--The exact acreage and legal description of the property conveyed under subsection (a), and any easements or rights of way granted under subsection (b)(1), shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the State. (e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions with respect to the conveyance under subsection (a), and any easements or rights of way granted under subsection (b)(1), as the Secretary considers appropriate to protect the interests of the United States. Sec. 342. Notwithstanding any other provision of law, funds appropriated in this or any other Act intended for highway demonstration projects, railroad-highway crossings demonstration projects or railroad relocation projects in Augusta, Georgia are available for implementation of a project consisting of modifications and additions to streets, railroads, and related improvements in the vicinity of the grade crossing of the CSX railroad and 15th Street in Augusta, Georgia. Sec. 343. (a) None of the funds made available by this Act or subsequent Acts may be used by the Coast Guard to issue, implement, or enforce a regulation or to establish an interpretation or guideline under the Edible Oil Regulatory Reform Act (Public Law 104-55), or the amendments made by that Act, that does not recognize and provide for, with respect to fats, oils, and greases (as described in that Act, or the amendments made by that Act) differences in-- (1) physical, chemical, biological and other relevant properties; and (2) environmental effects.
(b) Not later than March 31, 1999, the Secretary of Transportation shall issue regulations amending 33 CFR 154 to comply with the requirements of Public Law 104-55.
Sec. 344. Funding made available in Public Law 105-174 for emergency railroad rehabilitation and repair shall be available for repairs resulting from natural disasters occurring from September 1996 through July 10, 1998. Sec. 345. For purposes of evaluating environmental impacts of the toll road in Orange and San Diego counties, California, the Administrator of the Federal Highway Administration and other
participating Federal agencies shall consider only those transportation alternatives previously identified by regional planning processes and shall restrict agency comments to those matters over which the agency has direct jurisdiction: Provided, That notwithstanding any inter-agency memoranda of understanding, the Administrator of the Federal Highway Administration shall retain and exercise all authority regarding the form, content and timing of any environmental impact statement and record of decision regarding the toll road, including the evaluation and selection of alternatives and distribution of draft and final environmental impact statements. Sec. 346. (a) Notwithstanding any other law, the Commandant, United States Coast Guard, shall convey to the University of South Alabama (in this section referred to as ``the recipient''), the right, title, and interest of the United States Government in and to a decommissioned vessel of the Coast Guard, as determined appropriate by the Commandant and the recipient, if-- (1) the recipient agrees to use the vessel for the purposes of supporting archaeological and historical research in the Mobile Bay Delta; (2) the recipient agrees not to use the vessel for commercial transportation purposes, except as incident to the provision of logistics services in connection with the Old Mobile Archaeological Project; (3) The recipient agrees to make the vessel available to the Government if the Commandant requires use of the vessel by the Government in times of war or national emergency; (4) the recipient agrees to hold the Government harmless for any claims arising from exposure to hazardous materials including, but not limited to, asbestos and polychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising from use by the Government under paragraph (3); (5) the recipient has funds available to be committed for use to restore the vessel to operation and thereafter maintain it in good working condition, in the amount of at least $400,000; and (6) the recipient agrees to any other conditions that the Secretary considers appropriate.
(b) Delivery of Vessel.--If a conveyance is made under this section, the Commandant shall deliver the vessel at the place where the vessel is located, in its present condition, without cost to the Government. The conveyance of this vessel shall not be considered a distribution in commerce for purposes of section 2605(e) of title 15, United States Code. (c) Other Unneeded Equipment.--The Commandant may convey to the recipient any unneeded equipment or parts from other decommissioned vessels pending disposition for use to restore the vessel to operability. The Commandant may require compensation from the recipient for such items. (d) Applicable Laws and Regulations.--The vessel shall at all times remain subject to applicable vessel safety laws and regulations. Sec. 347. Item 1132 in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 298), relating to Mississippi, is amended by striking ``Pirate Cove'' and inserting ``Pirates' Cove and 4- lane connector to Mississippi Highway 468''.
Sec. 348. (a) Authority To Convey Coast Guard Property to Jacksonville University in Jacksonville, Florida.-- (1) In general.--The Secretary of Transportation may convey to Jacksonville University, located in Jacksonville, Florida, without consideration, all right, title, and interest of the United States in and to the property comprising the Long Branch Rear Range Light, Jacksonville, Florida. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed under this section.
(b) Terms and Conditions.--Any conveyance of any property under this section shall be made-- (1) subject to such terms and conditions as the Commandant may consider appropriate; and (2) subject to the condition that all right, title, and interest in and to the property conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by Jacksonville University.
Sec. 349. For necessary expenses of the Amtrak Reform Council authorized under section 203 of Public Law 105-134, $450,000, to remain available until September 30, 2000: Provided, That none of the funds provided under this heading shall be for payments to outside consultants: Provided further, That the duties of the Amtrak Reform Council described in section 203(g)(1) of Public Law 105-134 shall include the identification of Amtrak routes which are candidates for closure or realignment, based on performance rankings developed by Amtrak which incorporate information on each route's fully allocated costs and ridership on core intercity passenger service, and which assume, for purposes of closure or realignment candidate identification, that federal subsidies for Amtrak will decline over the 4-year period from fiscal year 1999 to fiscal year 2002: Provided further, That these closure or realignment recommendations shall be included in the Amtrak Reform Council's annual report to the Congress required by section 203(h) of Public Law 105-134. Sec. 350. Notwithstanding any other provision of law, the Secretary shall approve and the State of New York is authorized to proceed with engineering, final design and construction of additional entrances and exits between exits 57 and 58 on Interstate 495 in Suffolk County, New York. The Secretary may review final design of such project. Sec. 351. (a) Section 30113 of title 49, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title,'' after ``a motor vehicle safety standard prescribed under this chapter''; and (B) in paragraph (3)(A), by inserting ``or chapter 325 of this title (as applicable)'' after ``this chapter''; (2) in subsection (c)(1), by inserting ``, or a bumper standard prescribed under chapter 325 of this title,'' after ``motor vehicle safety standard prescribed under this chapter''; (3) in subsection (d), by inserting ``(including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1))'' after ``subsection (b)(3)(B)(i) of this section''; and
(4) in subsection (h), by inserting ``or bumper standard prescribed under chapter 325 of this title'' after ``each motor vehicle safety standard prescribed under this chapter''.
(b) Conforming Amendments.-- (1) Section 32502(c) of title 49, United States Code, is amended-- (A) in the matter preceding paragraph (1), by striking ``any part of a standard'' and inserting ``all or any part of a standard''; (B) in paragraph (1), by striking ``or'' at the end; (C) in paragraph (2), by striking the period and inserting ``; or''; and (D) by adding at the end the following: ``(3) a passenger motor vehicle for which an application for an exemption under section 30013(b) of this title has been filed in accordance with the requirements of that section.''. (2) Section 32506(a) of title 49, United States Code, is amended by inserting ``and section 32502 of this title'' after ``Except as provided in this section''.
Sec. 352. Notwithstanding any other provision of law, $10,000,000 of funds available under section 104(a) of title 23 U.S.C., shall be made available to the University of Alabama in Tuscaloosa, Alabama, for research activities at the Transportation Research Institute and to construct a building to house the Institute, and shall remain available until expended. Sec. 353. Discretionary grants funds for bus and bus-related facilities made available in this Act and in Public Law 105-66 and its accompanying conference report for the Virtual Transit Enterprise project shall be used to fund any aspect of the Virtual Transit Enterprise integration of information project in South Carolina. Sec. 354. Section 3021 of the Transportation Equity Act for the 21st Century (Public Law 105-178) is amended-- (1) in subsection (a), by inserting ``or the State of Vermont'' after ``the State of Oklahoma''; and (2) in subsection (b)(2)(A), by inserting ``and the State of Vermont'' after ``within the State of Oklahoma''.
Sec. 355. Section 3 of the Act of July 17, 1952 (66 Stat. 746, chapter 921), and section 3 of the Act of July 17, 1952 (66 Stat. 571, chapter 922), are each amended in the proviso-- (1) by striking ``That'' and all that follows through ``the collection of'' and inserting ``That the commission may collect''; and (2) by striking ``, shall cease'' and all that follows through the period at the end and inserting a period.
Sec. 356. Section 1212(m) of Public Law 105-178 is amended--(1) in the subsection heading, by inserting ``, Idaho, Alaska and West Virginia'' after ``Minnesota''; and (2) by inserting ``or the States of Idaho, Alaska or West Virginia'' after ``Minnesota''. Sec. 357. Notwithstanding any other provision of law, funds obligated and awarded in fiscal year 1994 by the Economic Development Administration in the amount of $912,000 to the City of Pittsburg, Kansas, as Project Number 05-19-61200 for water, sewer and street improvements shall be disbursed to the City upon determination by the EDA that the improvements have been completed in accordance with the project description in the award documents.
Sec. 358. Section 3030(d)(3) of the Transportation Equity Act for the 21st Century (Public Law 105-178) is amended by adding at the end the following: ``(C) Saint Barnard Parish, Louisiana intermodal facility.''.
Sec. 359. The Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided, That no appropriation shall be increased or decreased by more than 12 per centum by all such transfers: Provided further, That any such transfer shall be submitted for approval to the House and Senate Committees on Appropriations. Sec. 360. Section 3027 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366) is amended by adding at the end the following: ``(3) Services for elderly and persons with disabilities.--In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section 5307 of title 49, United States Code, to a transit provider that operates 20 or fewer vehicles in an urbanized area with a population of at least 200,000 to finance the operating costs of equipment and facilities used by the transit provider in providing mass transportation services to elderly and persons with disabilities, provided that such assistance to all entities shall not exceed $1,000,000 annually.''. Sec. 361. Hereafter, the Commonwealth of Virginia shall have the exclusive authority to determine the high-occupancy vehicle restrictions applicable to Interstate Highway 66 in Virginia. Sec. 362. None of the funds appropriated by this Act may be used to issue a final standard under docket number NHTSA 98-3945 (relating to section 656(b) of the Illegal Immigration Reform and Responsibility Act of 1996). Sec. 363. Items 178 and 1547 in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178), relating to Georgia, are amended by adding at the end the following: ``and construct improvements to said corridor''. Sec. 364. Notwithstanding any other provision of law, the Secretary shall approve the construction of Type II noise barriers from funds apportioned under sections 104(b)(1) and 104(b)(3) of title 23, United States Code, at the following locations: (a) beginning on the north and south sides of Interstate Route 20 extending from H.E. Holmes Road to Fulton Industrial Boulevard in Fulton County, Georgia; (b) beginning on the north and south sides of Interstate Route 20 extending from Flat Shoals Road to Columbia Drive in DeKalb County, Georgia; and (c) beginning on the west side of Interstate Route 75 extending from Howell Mill Road to West Paces Ferry Road in Fulton County, Georgia.
Sec. 365. Notwithstanding any other provision of law, except as otherwise provided in this section, the Secretary shall approve and the State of Alabama is authorized to proceed with construction of the East Foley corridor project from Baldwin County Highway 20 to State Highway 59, identified in items 857 and 1501 in the table contained in Section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178). Environmental reviews performed by the Alabama Department of Environmental
Management and the Mobile District of the U.S. Army Corps of Engineers and all other non-environmental federal laws shall remain in effect. Sec. 366. Item 1083 contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 297) is amended by striking ``between Southwest Drive and U.S. 277''. Sec. 367. Notwithstanding any other provision of Federal law, the State of Minnesota may obligate funds apportioned in fiscal years 1998 through 2003 pursuant to section 117 of title 23, United States Code, for high priority project numbers 1628 and 1195 authorized in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178): Provided, That such obligation shall be subject to the allocation percentages of section 1602(b) as modified by section 1212(m) of the Transportation Equity Act for the 21st Century (Public Law 105- 178). Sec. 368. Item number 577 in the table contained in Section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178) is amended by striking ``Construct'' and all that follows through ``Ketchikan'' and insert ``For the purposes set forth in item number 1496''. Sec. 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:
(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.
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
Title II—POSTAL
Title III
Title IV
Title V—GENERAL PROVISIONS
Title VI—GENERAL PROVISIONS
Title VIII—TECHNICAL AND CLARIFYING AMENDMENTS
COLUMBIA RETIREMENT FUNDS.
(a) Permitting Other Federal Entities To Administer Program.-- Section 11003 of the Balanced Budget Act of 1997 (DC Code, sec. 1-761.2) is amended-- (1) in paragraph (1), by inserting ``, and includes any agreement with a department, agency, or instrumentality of the United States entered into under that section'' after ``the Trustee''; and (2) in paragraph (10), by striking ``, partnership, joint venture, corporation, mutual company, joint-stock company, trust,
estate, unincorporated organization, association, or employee organization'' and inserting ``; partnership; joint venture; corporation; mutual company; joint-stock company; trust; estate; unincorporated organization; association; employee organization; or department, agency, or instrumentality of the United States''
(b) Permitting Waiver of Recovery of Amounts Paid in Error.--Section 11021(3) of such Act (DC Code, sec. 1-763.1(3)) is amended by inserting ``, or waive recoupment or recovery of,'' after ``recover''. (c) Permitting Use of Trust Fund To Cover Administrative Expenses.-- Section 11032 of such Act (DC Code, sec. 1-764.2) is amended-- (1) by amending subsection (a) to read as follows:
``(a) In General.--Amounts in the Trust Fund shall be used-- ``(1) to make Federal benefit payments under this subtitle; ``(2) subject to subsection (b)(1), to cover the reasonable and necessary expenses of administering the Trust Fund under the contract entered into pursuant to section 11035(b); ``(3) to cover the reasonable and necessary administrative expenses incurred by the Secretary in carrying out the Secretary s responsibilities under this subtitle; and ``(4) for such other purposes as are specified in this subtitle.''; and (2) in subsection (b)(2), by inserting ``(including expenses described in section 11041(b))'' after ``to administer the Trust Fund''.
(d) Promoting Flexibility in Administration of Program.--Section 11035 of such Act (DC Code, sec. 1-764.5) is amended-- (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following new subsections:
``(c) Subcontracts.--Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to the Trustee in connection with its performance of the contract. The Trustee shall monitor the performance of any such subcontract and enforce its provisions. ``(d) Determination by the Secretary.--Notwithstanding subsection (b) or any other provision of this subtitle, the Secretary may determine, with respect to any function otherwise to be performed by the Trustee, that in the interest of economy and efficiency such function shall be performed by the Secretary rather than the Trustee.''. (e) Process for Reimbursement of District Government for Expenses of Interim Administration.--Section 11041 of such Act (DC Code, sec. 1- 765.1) is amended-- (1) in subsection (b), by striking ``The Trustee shall'' and inserting ``The Secretary or the Trustee shall, at such times during or after the period of interim administration described in subsection (a) as are deemed appropriate by the Secretary or the Trustee''; (2) in subsection (b)(1), by inserting ``the Secretary or'' after ``if''; and (3) in subsection (c), by striking ``the replacement plan adoption date'' and inserting ``such time as the Secretary
notifies the District Government that the Secretary has directed the Trustee to carry out the duties and responsibilities required under the contract''.
(f) Annual Federal Payment Into Federal Supplemental Fund.--Section 11053 of such Act (DC Code, sec. 1-766.3) is amended-- (1) by amending subsection (a) to read as follows:
``(a) Annual Amortization Amount.--At the end of each applicable fiscal year the Secretary shall promptly pay into the Federal Supplemental Fund from the General Fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero).''; (2) in subsection (b), by striking ``freeze date'' and inserting ``effective date of this Act''; (3) by redesignating subsections (b) and (c) as subsections (c) and (d); and (4) by inserting after subsection (a) the following new subsection:
``(b) Administrative Expenses.--During each applicable fiscal year, the Secretary shall pay into the Federal Supplemental Fund from the General Fund of the Treasury amounts not to exceed the covered administrative expenses for the year.''. (g) Technical Corrections.--(1) Section 11012(c) of such Act (DC Code, sec. 1-752.2(c)) is amended by striking ``District of Columbia Retirement Board'' and inserting ``District Government''. (2) Section 11033(c)(1) of such Act (DC Code, sec. 1-764.3(c)(1)) is amended by striking ``consisting'' in the first place that it appears. (3) Section 11052 of such Act (DC Code, sec. 1-766.2) is amended by inserting ``to'' after ``may be made only''.
TRANSFERRED TO FEDERAL RETIREMENT SYSTEMS.
(a) Eligibility of Nonjudicial Employees of District of Columbia Courts for Medicare and Social Security Benefits.--Section 11246(b) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 755) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (2) by inserting after paragraph <<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
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.
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.''.
RETIREMENT PROGRAM.
(a) Administration of Judicial Retirement and Survivors Annuity Fund.--Section 11-1570, District of Columbia Code, as amended by section 11251 of the Balanced Budget Act of 1997, is amended as follows: (1) In subsection (b)(1)--
(A) by striking ``title I of the National Capital Revitalization and Self-Government Improvement Act of 1997'' and inserting ``subtitle A of title XI of the Balanced Budget Act of 1997''; and (B) by inserting after the second sentence the following new sentences: ``Notwithstanding any other provision of District law or any other law, rule, or regulation, any Trustee, contractor, or enrolled actuary selected by the Secretary under this subsection may, with the approval of the Secretary, enter into one or more subcontracts with the District of Columbia government or any person to provide services to such Trustee, contractor, or enrolled actuary in connection with its performance of its agreement with the Secretary. Such Trustee, contractor, or enrolled actuary shall monitor the performance of any subcontract to which it is a party and enforce its provisions.''. (2) In subsection (b)(2)-- (A) by striking ``chief judges of the District of Columbia Court of Appeals and Superior Court of the District of Columbia'' and inserting ``Secretary''; (B) by striking ``and the Secretary''; (C) by striking ``and appropriations''; and (D) by striking ``and deficiency''. (3) By amending subsection (c) to read as follows:
``(c)(1) Amounts in the Fund are available-- ``(A) for the payment of judges retirement pay, annuities, refunds, and allowances under this subchapter; ``(B) to cover the reasonable and necessary expenses of administering the Fund under any agreement entered into with a Trustee, contractor, or enrolled actuary under subsection (b)(1), including any agreement with a department, agency or instrumentality of the United States; and ``(C) to cover the reasonable and necessary administrative expenses incurred by the Secretary in carrying out the Secretary s responsibilities under this subchapter.
``(2) Notwithstanding any other provision of District law or any other law, rule, or regulation-- ``(A) the Secretary may review benefit determinations under this subchapter made prior to the date of the enactment of the Balanced Budget Act of 1997, and shall make initial benefit determinations after such date; and ``(B) the Secretary may recoup or recover, or waive recoupment or recovery of, any amounts paid under this subchapter as a result of errors or omissions by any person.''. (4) In subsection (d)(1)-- (A) by striking ``Subject to the availability of appropriations, there shall be deposited into the Fund'' and inserting ``The Secretary shall pay into the Fund from the General Fund of the Treasury''; and (B) by striking ``(beginning with the first fiscal year which ends more than 6 months after the replacement plan adoption date described in section 103(13) of the National Capital Revitalization and Self-Government Improvement Act of 1997)''. (5) In subsection (d)(2)(A)-- (A) by striking ``June 30, 1997'' and inserting ``September 30, 1997''; and
(B) by striking ``net the sum of future normal cost'' and inserting ``net of the sum of the present value of future normal costs''. (6) In subsection (d)(3), by striking ``shall be taken from sums available for that fiscal year for the payment of the expenses of the Court, and''. (7) By adding at the end the following new subsections:
``(h) For purposes of the Internal Revenue Code of 1986-- ``(1) the Fund shall be treated as a trust described in section 401(a) of the Code that is exempt from taxation under section 501(a) of the Code; ``(2) any transfer to or distribution from the Fund shall be treated in the same manner as a transfer to or distribution from a trust described in section 401(a) of the Code; and ``(3) the benefits provided by the Fund shall be treated as benefits provided under a governmental plan maintained by the District of Columbia.
``(i) For purposes of the Employee Retirement Income Security Act of 1974, the benefits provided by the Fund shall be treated as benefits provided under a governmental plan maintained by the District of Columbia. ``(j) To the extent that any provision of subpart A of part I of subchapter D of the chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. 401 et seq.) is amended after the date of the enactment of this subsection, such provision as amended shall apply to the Fund only to the extent the Secretary determines that application of the provision as amended is consistent with the administration of this subchapter. ``(k) Federal obligations for benefits under this subchapter are backed by the full faith and credit of the United States.''. (b) Regulatory Authority of Secretary.--Section 11251 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 756) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following new subsection:
``(b) Regulations; Effect on Reform Act.--Title 11, District of Columbia Code, is amended by adding the following new section:
`Sec. 11-1572. Regulations; effect on Reform Act.
`(a) The Secretary is authorized to issue regulations to implement, interpret, administer and carry out the purposes of this subchapter, and, in the Secretary's discretion, those regulations may have retroactive effect, except that nothing in this subsection may be construed to permit the Secretary to issue any regulation to retroactively reduce or eliminate the benefits to which any individual is entitled under this subchapter.
`(b) This subchapter supersedes any provision of the District of Columbia Retirement Reform Act (Public Law 96-122) inconsistent with this subchapter and the regulations thereunder.'.''; and (3) by amending subsection (c) (as so redesignated) to read as follows:
``(c) Clerical Amendments.--
``(1) The table of sections for subchapter III of chapter 15 of title 11, District of Columbia Code, is amended by amending the item relating to section 11-1570 to read as follows:
`11-1570. The District of Columbia Judicial Retirement and Survivors Annuity Fund.'.
``(2) The table of sections for subchapter III of chapter 15 of title 11, District of Columbia Code, is amended by adding at the end the following new item:
`11-1572. Regulations; effect on Reform Act.'.''
(c) Termination of Previous Fund and Program.--Section 124 of the District of Columbia Retirement Reform Act (DC Code, sec. 1-714), as amended by section 11252(a) of the Balanced Budget Act of 1997, is amended-- (1) in subsection (a), by inserting ``(except as provided in section 11-1570, District of Columbia Code)'' after ``the following''; (2) in subsection (c)(1), by striking ``title I of the National Capital Revitalization and Self-Government Improvement Act of 1997'' and inserting ``subtitle A of title XI of the Balanced Budget Act of 1997''; and (3) in subsection (c)(2)-- (A) by striking ``(2) The'' and inserting ``(2) In accordance with the direction of the Secretary, the''; (B) by striking ``in the Treasury'' and inserting ``at the Board''; and (C) by striking ``appropriated'' and inserting ``used''.
(d) Administration of Retirement Funds.--Section 11252 of the Balanced Budget Act of 1997 is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following new subsection:
``(b) Transition From District of Columbia Administration.--Sections 11023, 11032(b)(2), 11033(d), and 11041 shall apply to the administration of the District of Columbia Judges Retirement Fund established under section 124 of the District of Columbia Retirement Reform Act (DC Code, sec. 1-714), the District of Columbia Judicial Retirement and Survivors Annuity Fund established under section 11-1570, District of Columbia Code, and the retirement program for judges under subchapter III of chapter 15 of title 11, District of Columbia Code, except as follows: ``(1) In applying each such section-- ``(A) any reference to this subtitle shall instead refer to subchapter III of chapter 15 of title 11, District of Columbia Code; ``(B) any reference to the District Retirement Program shall be deemed to include the retirement program for judges under subchapter III of chapter 15 of title 11, District of Columbia Code; ``(C) any reference to the District Retirement Fund shall be deemed to include the District of Columbia Judges Retirement Fund established under section 124 of the District of Columbia Retirement Reform Act; ``(D) any reference to Federal benefit payments shall be deemed to include judges retirement pay, annuities,
refunds and allowances under subchapter III of chapter 15 of title 11, District of Columbia Code; ``(E) any reference to the Trust Fund shall instead refer to the District of Columbia Judicial Retirement and Survivors Annuity Fund established under section 11- 1570, District of Columbia Code; ``(F) any reference to section 11033 shall instead refer to section 124 of the District of Columbia Retirement Reform Act, as amended by section 11252; and ``(G) any reference to chapter 2 shall instead refer to section 11-1570, District of Columbia Code. ``(2) In applying section 11023-- ``(A) any reference to the contract shall instead refer to the agreement referred to in section 11- 1570(b), District of Columbia Code; and ``(B) any reference to the Trustee shall instead refer to the Trustee or contractor referred to in section 11-1570(b), District of Columbia Code. ``(3) In applying section 11033(d)-- ``(A) any reference to this section shall instead refer to section 124 of the District of Columbia Retirement Reform Act, as amended by section 11252; and ``(B) any reference to the Trustee shall instead refer to the Secretary or the Trustee or contractor referred to in section 11-1570(b), District of Columbia Code. ``(4) In applying section 11041(b), any reference to the Trustee shall instead refer to the Trustee or contractor referred to in section 11-1570(b), District of Columbia Code.''; and (3) by adding at the end the following new subsection:
``(d) Effective Date.--The provisions of subsection (c) shall take effect on the date on which the assets of the District of Columbia Judges Retirement Fund are transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund.''. (e) Miscellaneous Technical and Clerical Amendments.--(1) Sections 11-1568(d) and 11-1569, District of Columbia Code, are each amended by striking ``Mayor'' each place it appears and inserting ``Secretary of the Treasury''. (2) Section 11-1568.2, District of Columbia Code, is amended by striking ``Mayor of the District of Columbia'' each place it appears and inserting ``Secretary of the Treasury''. (3) Section 121(b)(1)(A) of the District of Columbia Retirement Reform Act (DC Code, sec. 1-711(b)(1)(A)), as amended by section 11252(c)(1) of the Balanced Budget Act of 1997 (as redesignated by subsection (d)(1)), is amended in the matter preceding clause (i), by striking ``11'' and inserting ``12''. (4) Section 11-1561(4), District of Columbia Code, as amended by section 11253(b) of the Balanced Budget Act of 1997, is amended by striking ``sections'' and inserting ``section''. (5) Section 11253(c) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 759) is amended to read as follows: ``(c) Treatment of Federal Service of Judges.--Section 11-1564, District of Columbia Code, is amended-- ``(1) in subsection (d)(2)(A), by striking `section 1-1814)' and inserting `section 1-714) or the District of Columbia Judicial Retirement and Survivors Annuity Fund (established by section 11-1570)'; and
``(2) in subsection (d)(4), by striking `Judges Retirement Fund established by section 124(a) of the District of Columbia Retirement Reform Act' and inserting `Judicial Retirement and Survivors Annuity Fund under section 11-1570'.''.
(6) Section 11253 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 759) is amended by adding at the end the following new subsection: ``(d) Redeposits to Fund.--Section 11-1568.1(4)(A), District of Columbia Code, is amended by striking `Judges Retirement Fund' and inserting `Judicial Retirement and Survivors Annuity Fund'.''. (f) Effective Date.--The amendments made by subsections (a)(2), (a)(4), and (a)(6) shall take effect October 1, 1998.
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. Adjustment of Status of Certain Haitian Nationals. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2000; and (B) is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti who-- (1) was present in the United States on December 31, 1995, who-- (A) filed for asylum before December 31, 1995, (B) was paroled into the United States prior to December 31, 1995, after having been identified as having a
credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest, or (C) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the United States and on December 31, 1995, and who-- (i) arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival, (ii) became orphaned subsequent to arrival in the United States, or (iii) was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and (2) has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is filed, except that an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days.
(c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Haiti; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that, in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that he or she has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not
earlier than the date the application for such adjustment is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (D) the alien is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days.
(e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent resident pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this title, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this title shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. (i) Adjustment of Status Has No Effect On Eligibility For Welfare and Public Benefits.--No alien whose status has been adjusted in accordance with this section and who was not a qualified alien on the date of enactment of this Act may, solely on the basis of such adjusted status, be considered to be a qualified alien under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 598), for purposes of determining the alien's eligibility for supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.). (j) Period of Applicability.--Subsection (i) shall not apply after October 1, 2003. (k) Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter (until all applications for adjustment of status under this section have been finally adjudicated), the Comptroller General of the United States shall submit to the Committees on the Judiciary and the Committees on Appropriations of the United States House of Representatives and the United States Senate a report containing the following: (1)(A) The number of aliens who applied for adjustment of status under subsection (a), including a breakdown specifying the number of such applicants who are described in subparagraph (A), (B), or (C) of subsection (b)(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. 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
upon request pursuant to such regulations as the Attorney General shall prescribe. Sec. 904. Collection of Data on Other Detained Aliens. (a) In General.--The Attorney General shall regularly collect data on a nationwide basis on aliens being detained in the United States by the Immigration and Naturalization Service other than the aliens described in section 903, including the following information: (1) The number of detainees who are criminal aliens and the number of detainees who are noncriminal aliens who are not seeking asylum. (2) An identification of the ages, gender, and countries of origin of detainees within each category described in paragraph (1). (3) The types of facilities, whether facilities of the Immigration and Naturalization Service or other Federal, State, or local facilities, in which each of the categories of detainees described in paragraph (1) are held.
(b) Length of Detention, Transfers, and Dispositions.--With respect to detainees who are criminal aliens and detainees who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning-- (1) the number and frequency of transfers between detention facilities for each category of detainee; (2) the average length of detention of each category of detainee; (3) for each category of detainee, the number of detainees who have been detained for the same length of time, in 3-month increments; (4) for each category of detainee, the rate of release from detention for each district of the Immigration and Naturalization Service; and (5) for each category of detainee, the disposition of detention, including whether detention ended due to deportation, release on parole, or any other release.
(c) Criminal Aliens.--With respect to criminal aliens, the Attorney General shall also collect data concerning-- (1) the number of criminal aliens apprehended under the immigration laws and not detained by the Attorney General; and (2) a list of crimes committed by criminal aliens after the decision was made not to detain them, to the extent this information can be derived by cross-checking the list of criminal aliens not detained with other databases accessible to the Attorney General.
(d) Annual Reports.--Beginning on October 1, 1999, and not later than October 1 of each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of each House of Congress a report setting forth the data collected under subsections (a), (b), and (c) for the fiscal year ending September 30 of that year. (e) Availability to Public.--Copies of the data collected under subsections (a), (b), and (c) shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe. This Act may be cited as the ``Treasury and General Government Appropriations Act, 1999''.
Sec. 102. For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including hire, maintenance, and operation of aircraft, and purchase and hire of passenger motor vehicles, $50,000,000 is hereby appropriated: Provided, That use of the funds provided herein is limited to the purposes for which funds were provided under this heading in Public Law 105-62: Provided further, That of the amounts appropriated under this section, $7,000,000 shall be available for operation, maintenance, surveillance, and improvement of Land Between the Lakes. Sec. 103. Repurchase of Bonds by the Tennessee Valley Authority. (a) Repurchase.--Notwithstanding any other provision of law or any term contained in any bond issued by the Tennessee Valley Authority to the Federal Financing Bank-- (1) subject to subsection (b), the Tennessee Valley Authority shall have the right to repurchase all such bonds by payment of the principal amount of the bonds plus interest to the date of repurchase; (2) the Federal Financing Bank shall not require payment from the Tennessee Valley Authority of any additional amount in connection with the repurchase; and (3) there is hereby appropriated to the Federal Financing Bank such amounts as may be necessary to pay the difference between (1) the amount that the Tennessee Valley Authority paid to the Federal Financing Bank to prepay its outstanding loans from the Federal Financing Bank under this section and (2) the amount that the Federal Financing Bank would have received otherwise.
(b) No Further Financing.--Notwithstanding any other law, after the date of repurchase of bonds under subsection (a), the Tennessee Valley Authority shall not be entitled or permitted to obtain financing from the Federal Financing Bank. (c) Use of Savings.-- (1) In general.--From non-appropriated funds, beginning on the date of repurchase of bonds and ending on the date on which the bonds would have matured but for this section, amounts that, as determined under paragraph (2), are equivalent to amounts that the Tennessee Valley Authority saves as a result of the repurchase of bonds shall be used to reduce debt of the Tennessee Valley Authority. (2) Determination of amount of savings.--On each date on which a payment of interest would have been made on a repurchased bond if the bond had not been repurchased, the Tennessee Valley Authority shall be considered to realize a saving in the amount of the difference between-- (A) the amount of interest that would have been due at the rate of interest specified in the bond; and (B) the amount of interest that would have been due if the rate of interest specified in the bond had been the yield to maturity of a marketable public obligation of the United States with a maturity of 10 years as of September 30, 1997.
Sec. 104. Section 312 of Public Law 105-245, the Energy and Water Development Appropriations Act, 1999, is repealed. Sec. 105. An additional amount of $35,000,000, to remain available until expended, for Department of Defense--Civil, Department of the Army, Corps of Engineers--Civil, ``Construction, General'',
is hereby appropriated for the Columbia River Fish Mitigation, Washington, Oregon, and Idaho, project. Sec. 106. The Secretary of the Army, acting through the Chief of Engineers, is directed to use $1,500,000 of the funds previously appropriated in ``Construction, General'', for the Lackawanna River, Scranton, Pennsylvania, project to initiate construction of the Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania, project. The Secretary of the Army, acting through the Chief of Engineers, is directed to use $400,000 of the funds previously appropriated in ``Construction, General'', for the Lackawanna River, Scranton, Pennsylvania, project to initiate a comprehensive review of aquatic ecosystem restoration initiatives in the Upper Susquehanna-Lackawanna Watershed under the Aquatic Ecosystem Restoration (Section 206) program. Subject to enactment of authorizing legislation, the Secretary of the Army, acting through the Chief of Engineers, is directed to use $340,000 of the available ``Construction, General'' funds to initiate construction of the Pierre, South Dakota, flood mitigation project. The Secretary of the Army, acting through the Chief of Engineers, is directed to use $1,500,000 of the funds appropriated in ``Construction, General'', in Public Law 105-245 for the South Central Pennsylvania Environment Improvement Program only for water-related environmental infrastructure and resource protection and development projects in Allegheny County, Pennsylvania, in accordance with the purposes of subsection (a) and requirements of subsections (b) through (e) of section 313 of the Water Resources Development Act of 1992, as amended.
Sec. 107. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to use $750,000 of available ``Construction, General'' funds for engineering and design, and repair of the Archusa Dam and appurtenant structures located in Quitman, Mississippi. Sec. 108. An additional amount of $60,000,000 for Department of Energy--Energy Programs, ``Energy Supply'', is hereby appropriated to remain available until September 30, 2000. Sec. 109. An additional amount of $15,000,000, to remain available until expended, for Department of Energy--Energy Programs, ``Science'', is hereby appropriated. Sec. 110. Lake Powell. No funds appropriated by this Act or any other Act for fiscal year 1999 shall be used to study or implement any plan to drain Lake Powell or decommission the Glen Canyon Dam. Sec. 111. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to, surface transportation projects located in the Commonwealth of Massachusetts, $100,000,000, to remain available until expended. Sec. 112. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to, Corridor X of the Appalachian development highway system located in the State of Alabama, $100,000,000, to remain available until expended. Sec. 113. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to, the Appalachian development highway system in the State of West Virginia, $32,000,000, to remain available until expended. Sec. 114. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to,
highway projects in the corridor designated by section 1105(c)(18)(C)(ii) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032-2033), as amended by section 1211(i) of the Transportation Equity Act for the 21st Century, $100,000,000, to remain available until expended. Sec. 115. Notwithstanding any other provision of law, to enable the Secretary of Transportation to make grants to the Alaska Railroad, $28,000,000, to remain available until expended, which shall be for capital improvements benefiting its passenger rail operations. Sec. 116. Of the unobligated balances authorized in Public Law 102- 240 under 49 U.S.C. 5338(b)(1), $392,000,000 is rescinded. Sec. 117. Notwithstanding any other provision of law, within the funding made available in the Department of Transportation and Related Agencies Appropriations Act, 1999 for discretionary grants under the obligation limitation for Federal Aviation Administration, ``Grants-in-Aid for Airports'' in fiscal year 1999, not less than $11,250,000 shall be made available for capital improvement projects at the Wilkes-Barre/Scranton International Airport.
Sec. 118. Notwithstanding any other provision of law, within the funding made available in the Department of Transportation and Related Agencies Appropriations Act, 1999 for discretionary grants under the obligation limitation for Federal Aviation Administration, ``Grants-in- Aid for Airports'' in fiscal year 1999, not less than $7,000,000 shall be made available for capital improvement projects at the Minneapolis- St. Paul International Airport. Sec. 119. The Legislative Branch Appropriations Act, 1999, is amended by amending the item relating to ``JOINT ITEMS--Joint Committee on Printing'' to read as follows:
``Joint Committee on Printing
``For salaries and expenses of the Joint Committee on Printing, $202,000, to be disbursed by the Secretary of the Senate, together with an additional amount of $150,000 if there is enacted into law legislation which transfers the legislative and oversight responsibilities of the Joint Committee on Printing to the Committee on House Oversight of the House of Representatives: Provided, That such additional amount shall be transferred to the Committee on House Oversight of the House of Representatives and made available beginning January 1, 1999: Provided further, That such additional amount shall be disbursed by the Chief Administrative Officer of the House of Representatives.''. Sec. 120. For carrying out the provisions of division C, title II of this Act, $30,000,000, including $750,000 for the cost of the direct loan under section 207(a), $20,000,000 for the payments in section 207(d), $250,000 for the cost of direct loans under section 211(e), $1,000,000 for the cost of a direct loan in the Bering Sea and Aleutian Islands crab fisheries under the authority of section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), and $6,000,000 and $2,000,000 for the Secretary of Commerce and Secretary of Transportation, respectively, to implement division C, title II. Sec. 121. In addition to amounts provided in the conference report accompanying H.R. 4194 (H. Rept. 105-769), the following funds are hereby appropriated: $10,000,000 for ``Housing opportunities for persons with AIDS'', to remain available until expended; $45,000,000 to the Secretary of Housing and Urban Development
for ``Urban Empowerment Zones'' for grants in connection with a second round of the empowerment zones program in urban areas, designated by the Secretary of Housing and Urban Development in fiscal year 1999 pursuant to the Taxpayer Relief Act of 1997, including $3,000,000 for each empowerment zone for use in conjunction with economic development activities consistent with the strategic plan of each empowerment zone, to remain available until expended; $20,000,000 for ``State and tribal assistance grants'' for a grant for construction and related activities for wastewater treatment for Boston, Massachusetts, to remain available until expended; $10,000,000 for ``National and community service programs operating expenses'' for grants under the National Service Trust program authorized under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.) (relating to activities including the AmeriCorps program), to remain available until September 30, 2000: Provided, That none of the funds provided herein for ``National and community service programs operating expenses'' may be used to administer, reimburse, or support any national service program authorized under section 121(d)(2) of the aforementioned Act; $10,000,000 for ``Science and technology'', for research associated with the Climate Change Technology Initiative, to remain available until September 30, 2000: Provided further, That the obligated balance of such $10,000,000 shall remain available through September 30, 2007 for liquidating obligations made in fiscal years 1999 and 2000; and $15,000,000 for ``Community development financial institutions fund program account'', to remain available until September 30, 2000. Of the amount appropriated in H.R. 4194, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, under the heading ``Community development block grants'', $4,750,000 shall be available as a grant to Cayuga County, New York, to repair and rehabilitate the seawalls at the Owasco Lake outlet, and $250,000 shall be available as a grant to Jackson, Michigan, to remove a portion of the Grand River culvert in Jackson, Michigan.
Sec. 122. Upon enactment of H.R. 4194, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, section 202 of that Act is hereby repealed.
Sec. 123. Section 513(a) of the ``Quality Housing and Work Responsibility Act of 1998'' is amended, upon enactment, by inserting after ``40 percent'' at the end of proposed section 16(c)(3) of the United States Housing Act of 1937, as set forth in section 513(a), the following: ``shall be available for leasing only by families whose incomes at the time of commencement of occupancy do not exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families.''.
Sec. 124. Notwithstanding the third undesignated paragraph under the heading ``Community development block grants'' under title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, of the amount made available under such heading for the city of Oklahoma City, Oklahoma, up to 50 percent of such amount shall be available to such city for payment of claims for bomb damage and repairs for infrastructure located in the area described in clause (1) of such undesignated paragraph. Any amounts available for use under such undesignated paragraph that are not
expended to pay such claims or for such repairs shall be utilized for the revolving loan pool described in such undesignated paragraph. Sec. 125. Of the amounts earmarked in the Joint Explanatory Statement of the Committee of Conference accompanying H.R. 4194 for grants targeted for economic investments, $2,000,000 made available to the Hawaii Housing Authority for work associated with the construction of the Community Resource Center at Kuhio Homes/Kuhio Park Terrace in Honolulu, Hawaii shall instead be made available to the Housing and Community Development Corporation of Hawaii for the same purpose. Sec. 126. If the President makes the appointment to the position of Under Secretary for Health of the Department of Veterans Affairs authorized by section 907 of the Veterans Programs Enhancement Act of 1998, the individual appointed shall receive the pay and allowances authorized for that position as if the appointment had been made on September 29, 1998, except that the amount of such pay and allowances that is attributable to the period beginning on September 29, 1998, and ending on the day before the date of that appointment shall be reduced by any amount paid that individual by the United States for personal services performed during that period. <<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:
(i) Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on Finance. (ii) Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Finance. (iii) Three persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways and Means. (iv) Three persons shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Ways and Mean. (B) Qualifications of members.-- (i) Appointments.--Persons who are appointed under subparagraph (A) shall be persons who-- (I) have expertise in economics, international trade, manufacturing, labor, environment, business, or have other pertinent qualifications or experience; and (II) are not officers or employees of the United States. (ii) Other considerations.--In appointing Commission members, every effort shall be made to ensure that the members-- (I) are representative of a broad cross-section of economic and trade perspectives within the United States; and (II) provide fresh insights to analyzing the causes and consequences of United States merchandise trade and current account deficits. (4) Period of appointment; vacancies.-- (A) In general.--Members shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission. (B) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (6) Meetings.--The Commission shall meet at the call of the Chairperson. (7) Chairperson and vice chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (8) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (9) Voting.--Each member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission.
(d) Duties of the Commission.--
(1) In general.--The Commission shall be responsible for examining the nature, causes, and consequences of, and the accuracy of available data on, the United States merchandise trade and current account deficits. (2) Issues to be addressed.--The Commission shall examine and report to the President, the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and other appropriate committees of Congress on the following: (A) The relationship of the merchandise trade and current account balances to the overall well-being of the United States economy, and to wages and employment in various sectors of the United States economy. (B) The impact that United States monetary and fiscal policies may have on United States merchandise trade and current account deficits. (C) The extent to which the coordination, allocation, and accountability of trade responsibilities among Federal agencies may contribute to the trade and current account deficits. (D) The causes and consequences of the merchandise trade and current account deficits and specific bilateral trade deficits, including-- (i) identification and quantification of-- (I) the macroeconomic factors and bilateral trade barriers that may contribute to the United States merchandise trade and current account deficits; (II) any impact of the merchandise trade and current account deficits on the domestic economy, industrial base, manufacturing capacity, technology, number and quality of jobs, productivity, wages, and the United States standard of living; (III) any impact of the merchandise trade and current account deficits on the defense production and innovation capabilities of the United States; and (IV) trade deficits within individual industrial, manufacturing, and production sectors, and any relationship between such deficits and the increasing volume of intra-industry and intra-company transactions; (ii) a review of the adequacy and accuracy of the current collection and reporting of import and export data, and the identification and development of additional data bases and economic measurements that may be needed to properly quantify the merchandise trade and current account balances, and any impact the merchandise trade and current account balances may have on the United States economy; and (iii) the extent to which there is reciprocal market access substantially equivalent to that afforded by the United States in each country with which the United States has a persistent and substantial bilateral trade deficit, and the extent to which such deficits have become structural.
(E) Any relationship of United States merchandise trade and current account deficits to both comparative and competitive trade advantages within the global economy, including-- (i) a systematic analysis of the United States trade patterns with different trading partners and to what extent the trade patterns are based on comparative and competitive trade advantages; (ii) the extent to which the increased mobility of capital and technology has changed both comparative and competitive trade advantages; (iii) any impact that labor, environmental, or health and safety standards may have on comparative and competitive trade advantages; (iv) the effect that offset and technology transfer agreements have on the long-term competitiveness of the United States manufacturing sectors; and (v) any effect that international trade, labor, environmental, or other agreements may have on United States competitiveness. (F) The extent to which differences in the growth rates of the United States and its trading partners may impact on United States merchandise trade and current account deficits. (G) The impact that currency exchange rate fluctuations and any manipulation of exchange rates may have on United States merchandise trade and current account deficits. (H) The flow of investments both into and out of the United States, including-- (i) any consequences for the United States economy of the current status of the United States as a debtor nation; (ii) any relationship between such investment flows and the United States merchandise trade and current account deficits and living standards of United States workers; (iii) any impact such investment flows may have on United States labor, community, environmental, and health and safety standards, and how such investment flows influence the location of manufacturing facilities; and (iv) the effect of barriers to United States foreign direct investment in developed and developing nations, particularly nations with which the United States has a merchandise trade and current account deficit.
(e) Final Report.-- (1) In general.--Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a final report which contains-- (A) the findings and conclusions of the Commission described in subsection (d); and (B) recommendations for addressing the problems identified as part of the Commission's analysis.
(2) Separate views.--Any member of the Commission may submit additional findings and recommendations as part of the final report.
(f) Powers of Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this section. The Commission shall hold at least 1 or more hearings in Washington, D.C., and 4 in different regions of the United States. (2) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(g) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title
5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(h) Support Services.--The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (i) Appropriations.--There are appropriated $2,000,000 to the Commission to carry out the provisions of this section. Sec. 128. None of the funds provided or otherwise made available in this Division of this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 130. Notwithstanding section 11031 of the National Capital Revitalization and Self-Government Improvement Act of 1997 or any other provision of law and not later than September 30, 1999, the Secretary of the Treasury shall invest, or direct the Trustee to invest, the assets of the Trust Fund in public debt securities with maturities suitable to the needs of the Trust Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. Sec. 131. To capitalize the District of Columbia National Capital Revitalization Corporation, as authorized by the District Council, $25,000,000 to remain available until expended for economic development planning, project development, capital investments, loans, grants, administrative expenses and other purposes included in the District Council's authorizing legislation: Provided, That no funds shall be available unless the Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, determines that the Corporation advances the purposes of the National Capital Revitalization and Self-Government Improvement Act of 1997: Provided further, That the Secretary, after apportionment pursuant to 31 U.S.C. 1512, may provide for the disbursement of funds in the manner provided for Federal grant programs. Sec. 132. For a Federal payment to the District of Columbia Public Schools, $30,000,000, for special education costs. Sec. 133. For payment to the District of Columbia, $20,000,000 which shall be deposited into an escrow account of the District of Columbia Financial Responsibility and Management Assistance Authority, and shall be disbursed from such escrow account by the Authority for Year 2000 information technology and related chip replacement projects approved by the Authority: Provided, That, for purposes of any appropriations made by this or any other Act, for emergency expenses related to Year 2000 conversion of Federal information technology systems, and related expenses, the Government of the District of Columbia shall be considered an agency of the United States Government: Provided further, That, any funds provided pursuant to the preceding proviso shall be in addition to funds appropriated directly under this paragraph. Sec. 134. For a Federal contribution to the District of Columbia for the costs of infrastructure needs, which shall be deposited into an escrow account of the District of Columbia Financial Responsibility and Management Assistance Authority and disbursed by the Authority from such account for the repair and maintenance of
roads, highways, bridges and transit in the District of Columbia and other economic development projects and planning in the District of Columbia, $50,000,000, to remain available until expended.
DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
Title I—MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS
Title II—ANTITERRORISM
Title III—YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY
Title IV—OTHER EMERGENCIES
Title V—COUNTER-DRUG ACTIVITIES AND INTERDICTION
Title VI—GENERAL PROVISION
Title I—OTHER MATTERS
<<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
the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and ``(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS-15 of the General Schedule.
``(b)(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if-- ``(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person-- ``(i) did not serve in the position of first assistant to the office of such officer; or ``(ii) served in the position of first assistant to the office of such officer for less than 90 days; and ``(B) the President submits a nomination of such person to the Senate for appointment to such office.
``(2) Paragraph (1) shall not apply to any person if-- ``(A) such person is serving as the first assistant to the office of an officer described under subsection (a); ``(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and ``(C) the Senate has approved the appointment of such person to such office.
``(c)(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die. ``(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
``Sec. 3346. Time limitation
``(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office-- ``(1) for no longer than 210 days beginning on the date the vacancy occurs; or ``(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
``(b)(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return. ``(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve-- ``(A) until the second nomination is confirmed; or
``(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
``(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
``Sec. 3347. Exclusivity
``(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless-- ``(1) a statutory provision expressly-- ``(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or ``(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or ``(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
``(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(2) applies.
``Sec. 3348. Vacant office
``(a) In this section-- ``(1) the term `action' includes any agency action as defined under section 551(13); and ``(2) the term `function or duty' means any function or duty of the applicable office that-- ``(A)(i) is established by statute; and ``(ii) is required by statute to be performed by the applicable officer (and only that officer); or ``(B)(i)(I) is established by regulation; and ``(II) is required by such regulation to be performed by the applicable officer (and only that officer); and ``(ii) includes a function or duty to which clause (i) (I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.
``(b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office--
``(1) the office shall remain vacant; and ``(2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office), only the head of such Executive agency may perform any function or duty of such office.
``(c) If the last day of any 210-day period under section 3346 is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations shall be deemed to be the last day of such period.
``(d)(1) An action taken by any person who is not acting under section 3345, 3346, or 3347, or as provided by subsection (b), in the performance of any function or duty of a vacant office to which this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply shall have no force or effect. ``(2) An action that has no force or effect under paragraph (1) may not be ratified. ``(e) This section shall not apply to-- ``(1) the General Counsel of the National Labor Relations Board; ``(2) the General Counsel of the Federal Labor Relations Authority; ``(3) any Inspector General appointed by the President, by and with the advice and consent of the Senate; ``(4) any Chief Financial Officer appointed by the President, by and with the advice and consent of the Senate; or ``(5) an office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office.
``Sec. 3349. Reporting of vacancies
``(a) The head of each Executive agency (including the Executive Office of the President, and other than the General Accounting Office) shall submit to the Comptroller General of the United States and to each House of Congress-- ``(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy; ``(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation; ``(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and ``(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
``(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to-- ``(1) the Committee on Governmental Affairs of the Senate;
``(2) the Committee on Government Reform and Oversight of the House of Representatives; ``(3) the Committees on Appropriations of the Senate and House of Representatives; ``(4) the appropriate committees of jurisdiction of the Senate and House of Representatives; ``(5) the President; and ``(6) the Office of Personnel Management.
``Sec. 3349a. Presidential inaugural transitions
``(a) In this section, the term `transitional inauguration day' means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office. ``(b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring-- ``(1) 90 days after such transitional inauguration day; or ``(2) 90 days after the date on which the vacancy occurs.
``Sec. 3349b. Holdover provisions
``Sections 3345 through 3349a shall not be construed to affect any statute that authorizes a person to continue to serve in any office-- ``(1) after the expiration of the term for which such person is appointed; and ``(2) until a successor is appointed or a specified period of time has expired.
``Sec. 3349c. Exclusion of certain officers
``Sections 3345 through 3349b shall not apply to-- ``(1) any member who is appointed by the President, by and with the advice and consent of the Senate to any board, commission, or similar entity that-- ``(A) is composed of multiple members; and ``(B) governs an independent establishment or Government corporation; ``(2) any commissioner of the Federal Energy Regulatory Commission; ``(3) any member of the Surface Transportation Board; or ``(4) any judge appointed by the President, by and with the advice and consent of the Senate, to a court constituted under article I of the United States Constitution.
``Sec. 3349d. Notification of intent to nominate during certain recesses or adjournments
``(a) The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification by the President of the President's intention to submit a nomination after the recess or adjournment shall be considered a nomination for purposes of sections 3345 through 3349c if such notification contains the name of the proposed nominee and the office for which the person is nominated. ``(b) If the President does not submit a nomination of the person named under subsection (a) within 2 days after the end
of such recess or adjournment, effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.''. (c) Technical and Conforming Amendment.-- (1) Table of sections.--The table of sections for chapter 33 of title 5, United States Code, is amended by striking the matter relating to subchapter III and inserting the following:
``3341. Details; within Executive or military departments. ``[3342. Repealed.] ``3343. Details; to international organizations. ``3344. Details; administrative law judges. ``3345. Acting officer. ``3346. Time limitation. ``3347. Exclusivity. ``3348. Vacant office. ``3349. Reporting of vacancies. ``3349a. Presidential inaugural transitions. ``3349b. Holdover provisions relating to certain independent establishments. ``3349c. Exclusion of certain officers. ``3349d. Notification of intent to nominate during certain recesses or adjournments.''.
(2) Subchapter heading.--The subchapter heading for subchapter III of chapter 33 of title 5, United States Code, is amended to read as follows:
``SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS''
(d) Effective Date and Application.-- (1) Effective date.--Subject to paragraph (2), this section and the amendments made by this section shall take effect 30 days after the date of enactment of this section. (2) Application.-- (A) In general.--This section shall apply to any office that becomes vacant after the effective date of this section. (B) Immediate application of time limitation.-- Notwithstanding subparagraph (A), for any office vacant on the effective date of this section, the time limitations under section 3346 of title 5, United States Code (as amended by this section) shall apply to such office. Such time limitations shall apply as though such office first became vacant on the effective date of this section. (C) Certain nominations.--If the President submits to the Senate the nomination of any person after the effective date of this section for an office for which such person had been nominated before such date, the next nomination of such person after such date shall be considered a first nomination of such person to that office for purposes of sections 3345 through 3349 and section 3349d of title 5, United States Code (as amended by this section).
Title II—FISHERIES
This title may be cited as the ``American Fisheries Act''.
(a) Standard.--Section 12102(c) of title 46, United States Code, is amended to read as follows-- ``(c)(1) A vessel owned by a corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other entity is not eligible for a fishery endorsement under section 12108 of this title unless at least 75 per centum of the interest in such entity, at each tier of ownership of such entity and in the aggregate, is owned and controlled by citizens of the United States. ``(2) The Secretary shall apply section 2(c) of the Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining under this subsection whether at least 75 per centum of the interest in a corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other entity is owned and controlled by citizens of the United States. For the purposes of this subsection and of applying the restrictions on controlling interest in section 2(c) of such Act, the terms `control' or `controlled'-- ``(A) shall include-- ``(i) the right to direct the business of the entity which owns the vessel; ``(ii) the right to limit the actions of or replace the chief executive officer, a majority of the board of directors, any general partner, or any person serving in a management capacity of the entity which owns the vessel; or ``(iii) the right to direct the transfer, operation or manning of a vessel with a fishery endorsement; and ``(B) shall not include the right to simply participate in the activities under subparagraph (A), or the use by a mortgagee under paragraph (4) of loan covenants approved by the Secretary.
``(3) A fishery endorsement for a vessel that is chartered or leased to an individual who is not a citizen of the United States or to an entity that is not eligible to own a vessel with a fishery endorsement and used as a fishing vessel shall be invalid immediately upon such use. ``(4)(A) An individual or entity that is otherwise eligible to own a vessel with a fishery endorsement shall be ineligible by reason of an instrument or evidence of indebtedness, secured by a mortgage of the vessel to a trustee eligible to own a vessel with a fishery endorsement that is issued, assigned, transferred or held in trust for a person not eligible to own a vessel with a fishery endorsement, unless the Secretary determines that the issuance, assignment, transfer, or trust arrangement does not result in an impermissible transfer of control of the vessel and that the trustee-- ``(i) is organized as a corporation, and is doing business, under the laws of the United States or of a State; ``(ii) is authorized under those laws to exercise corporate trust powers; ``(iii) is subject to supervision or examination by an official of the United States Government or a State; ``(iv) has a combined capital and surplus (as stated in its most recent published report of condition) of at least $3,000,000; and
``(v) meets any other requirements prescribed by the Secretary.
``(B) A vessel with a fishery endorsement may be operated by a trustee only with the approval of the Secretary.
``(C) A right under a mortgage of a vessel with a fishery endorsement may be issued, assigned, or transferred to a person not eligible to be a mortgagee of that vessel under section 31322(a)(4) of this title only with the approval of the Secretary. ``(D) The issuance, assignment, or transfer of an instrument or evidence of indebtedness contrary to this paragraph is voidable by the Secretary. ``(5) The requirements of this subsection shall not apply to a vessel when it is engaged in fisheries in the exclusive economic zone under the authority of the Western Pacific Fishery Management Council established under section 302(a)(1)(H) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse seine vessel when it is engaged in tuna fishing in the Pacific Ocean outside the exclusive economic zone of the United States or pursuant to the South Pacific Regional Fisheries Treaty, provided that the owner of the vessel continues to comply with the eligibility requirements for a fishery endorsement under the federal law that was in effect on October 1, 1998. A fishery endorsement issued by the Secretary pursuant to this paragraph shall be valid for engaging only in fisheries in the exclusive economic zone under the authority of such Council, in such tuna fishing in the Pacific Ocean, or pursuant to such Treaty. ``(6) A vessel greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower is not eligible for a fishery endorsement under section 12108 of this title unless-- ``(A)(i) a certificate of documentation was issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997; ``(ii) the vessel is not placed under foreign registry after the date of the enactment of the American Fisheries Act; and ``(iii) in the event of the invalidation of the fishery endorsement after the date of the enactment of the American Fisheries Act, application is made for a new fishery endorsement within fifteen (15) business days of such invalidation; or ``(B) the owner of such vessel demonstrates to the Secretary that the regional fishery management council of jurisdiction established under section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)) has recommended after the date of the enactment of the American Fisheries Act, and the Secretary of Commerce has approved, conservation and management measures in accordance with such Act to allow such vessel to be used in fisheries under such council's authority.''.
(b) Preferred Mortgage.--Section 31322(a) of title 46, United States Code is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3)(B) and inserting in lieu thereof a semicolon and ``and''; and (3) by inserting at the end the following new paragraph:
``(4) with respect to a vessel with a fishery endorsement that is 100 feet or greater in registered length, has as the mortgagee-- ``(A) a person eligible to own a vessel with a fishery endorsement under section 12102(c) of this title; ``(B) a state or federally chartered financial institution that satisfies the controlling interest criteria of section 2(b) of the Shipping Act, 1916 (46 U.S.C. 802(b)); or ``(C) a person that complies with the provisions of section 12102(c)(4) of this title.''.
(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) Vessels Measuring 100 Feet and Greater.--(1) The Administrator of the Maritime Administration shall administer section 12102(c) of title 46, United States Code, as amended by this subtitle, with respect to vessels 100 feet or greater in registered length. The owner of each such vessel shall file a statement of citizenship setting forth all relevant facts regarding vessel ownership and control with the Administrator of the Maritime Administration on an annual basis to demonstrate compliance with such section. Regulations to implement this subsection shall conform to the extent practicable with the regulations establishing the form of citizenship affidavit set forth in part 355 of title 46, Code of Federal Regulations, as in effect on September 25, 1997, except that the form of the statement under this paragraph shall be written in a manner to allow the owner of each such vessel to satisfy any annual renewal requirements for a certificate of documentation for such vessel and to comply with this subsection and section 12102(c) of title 46, United States Code, as amended by this Act, and shall not be required to be notarized.
(2) After October 1, 2001, transfers of ownership and control of vessels subject to section 12102(c) of title 46, United States Code, as amended by this Act, which are 100 feet or greater in registered length, shall be rigorously scrutinized for violations of such section, with particular attention given to leases, charters, mortgages, financing, and similar arrangements, to the control of persons not eligible to own a vessel with a fishery endorsement under section 12102(c) of title 46, United States Code, as amended by this Act, over the management, sales, financing, or other operations of an entity, and to contracts involving the purchase over extended periods of time of all, or substantially all, of the living marine resources harvested by a fishing vessel.
(d) Vessels Measuring Less Than 100 Feet.--The Secretary of Transportation shall establish such requirements as are reasonable and necessary to demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels measuring less than 100 feet in registered length, and shall seek to minimize the administrative burden on individuals who own and operate such vessels.
(e) Endorsements Revoked.--The Secretary of Transportation shall revoke the fishery endorsement of any vessel subject to section 12102(c) of title 46, United States Code, as amended by this Act, whose owner does not comply with such section.
(f) Penalty.--Section 12122 of title 46, United States Code, is amended by inserting at the end the following new subsection: ``(c) In addition to penalties under subsections (a) and (b), the owner of a documented vessel for which a fishery endorsement has been issued is liable to the United States Government for a civil penalty of up to $100,000 for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone of the United States, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation with respect to the eligibility of the vessel under section 12102(c) of this title in applying for or applying to renew such fishery endorsement.''.
(g) Certain Vessels.--The vessels EXCELLENCE (United States official number 967502), GOLDEN ALASKA (United States official number 651041), OCEAN PHOENIX (United States official number 296779), NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act) shall be exempt from section 12102(c), as amended by this Act, until such time after October 1, 2001 as more than 50 percent of the interest owned and controlled in the vessel changes, provided that the vessel maintains eligibility for a fishery endorsement under the federal law that was in effect the day before the date of the enactment of this Act, and unless, in the case of the NORTHERN TRAVELER or the NORTHERN VOYAGER (or such replacement), the vessel is used in any fishery under the authority of a regional fishery management council other than the New England Fishery Management Council or Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX, the vessel is used to harvest any fish.
(a) Repeal.--Section 7(b) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note) is hereby repealed. (b) Effective Date.--Subsection (a) shall take effect on October 1, 2001.
Subtitle II--Bering Sea Pollock Fishery
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.
(a) Pollock Community Development Quota.-- Effective January 1, 1999, 10 percent of the total allowable catch of pollock in the Bering Sea and Aleutian Islands Management Area shall be allocated as a directed fishing allowance to the western Alaska community development quota program established under section 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
(b) Inshore/Offshore.--Effective January 1, 1999, the remainder of the pollock total allowable catch in the Bering Sea and Aleutian Islands Management Area, after the subtraction of the allocation under subsection (a) and the subtraction of allowances for the incidental catch of pollock by vessels harvesting other groundfish species (including under the western Alaska community development quota program) shall be allocated as directed fishing allowances as follows-- (1) 50 percent to catcher vessels harvesting pollock for processing by the inshore component; (2) 40 percent to catcher/processors and catcher vessels harvesting pollock for processing by catcher/processors in the offshore component; and (3) 10 percent to catcher vessels harvesting pollock for processing by motherships in the offshore component.
(a) Federal Loan.--Under the authority of sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) and notwithstanding the requirements of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary shall, subject to the availability of appropriations for the cost of the direct loan, provide up to $75,000,000 through a direct loan obligation for the payments required under subsection (d). (b) Inshore Fee System.--Notwithstanding the requirements of section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 1861a), the Secretary shall establish a fee for the repayment of such loan obligation which-- (1) shall be six-tenths (0.6) of one cent for each pound round-weight of all pollock harvested from the directed fishing allowance under section 206(b)(1); and (2) shall begin with such pollock harvested on or after January 1, 2000, and continue without interruption until such loan obligation is fully repaid; and (3) shall be collected in accordance with section 312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C. 1861a(d)(2)(C)) and in accordance with such other conditions as the Secretary establishes.
(c) Federal Appropriation.--Under the authority of section 312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)), there are authorized to be appropriated $20,000,000 for the payments required under subsection (d). (d) Payments.--Subject to the availability of appropriations for the cost of the direct loan under subsection (a) and funds under subsection (c), the Secretary shall pay by not later than December 31, 1998-- (1) up to $90,000,000 to the owner or owners of the catcher/ processors listed in paragraphs (1) through (9) of section 209, in such manner as the owner or owners, with the concurrence of the Secretary, agree, except that-- (A) the portion of such payment with respect to the catcher/processor listed in paragraph (1) of section 209 shall be made only after the owner submits a written certification acceptable to the Secretary that neither the owner nor a purchaser from the owner intends to use such catcher/processor outside of the exclusive economic
zone of the United States to harvest any stock of fish (as such term is defined in section 3 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) that occurs within the exclusive economic zone of the United States; and (B) the portion of such payment with respect to the catcher/processors listed in paragraphs (2) through (9) of section 209 shall be made only after the owner or owners of such catcher/processors submit a written certification acceptable to the Secretary that such catcher/processors will be scrapped by December 31, 2000 and will not, before that date, be used to harvest or process any fish; and (2)(A) if a contract has been filed under section 210(a) by the catcher/processors listed in section 208(e), $5,000,000 to the owner or owners of the catcher/processors listed in paragraphs (10) through (14) of such section in such manner as the owner or owners, with the concurrence of the Secretary, agree; or (B) if such a contract has not been filed by such date, $5,000,000 to the owners of the catcher vessels eligible under section 208(b) and the catcher/processors eligible under paragraphs (1) through (20) of section 208(e), divided based on the 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) 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).
(a) Catcher Vessels Onshore.--Effective January 1, 2000, only catcher vessels which are-- (1) determined by the Secretary-- (A) to have delivered at least 250 metric tons of pollock; or (B) to be less than 60 feet in length overall and to have delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock fishery in any one of the years 1996 or 1997, or between January 1, 1998 and September 1, 1998; (2) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and (3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under section 206(b)(1) pursuant to a federal fishing permit. (b) Catcher Vessels to Catcher/Processors.--Effective January 1, 1999, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit: (1) AMERICAN CHALLENGER (United States official number 615085); (2) FORUM STAR (United States official number 925863); (3) MUIR MILACH (United States official number 611524); (4) NEAHKAHNIE (United States official number 599534); (5) OCEAN HARVESTER (United States official number 549892); (6) SEA STORM (United States official number 628959); (7) TRACY ANNE (United States official number 904859); and (8) any catcher vessel-- (A) determined by the Secretary to have delivered at least 250 metric tons and at least 75 percent of the pollock it harvested in the directed pollock fishery in 1997 to catcher/processors for processing by the offshore component; and (B) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary.
(c) Catcher Vessels to Motherships.--Effective January 1, 2000, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit: (1) ALEUTIAN CHALLENGER (United States official number 603820); (2) ALYESKA (United States official number 560237); (3) AMBER DAWN (United States official number 529425); (4) AMERICAN BEAUTY (United States official number 613847); (5) CALIFORNIA HORIZON (United States official number 590758); (6) MAR-GUN (United States official number 525608); (7) MARGARET LYN (United States official number 615563); (8) MARK I (United States official number 509552); (9) MISTY DAWN (United States official number 926647);
(10) NORDIC FURY (United States official number 542651); (11) OCEAN LEADER (United States official number 561518); (12) OCEANIC (United States official number 602279); (13) PACIFIC ALLIANCE (United States official number 612084); (14) PACIFIC CHALLENGER (United States official number 518937); (15) PACIFIC FURY (United States official number 561934); (16) PAPADO II (United States official number 536161); (17) TRAVELER (United States official number 929356); (18) VESTERAALEN (United States official number 611642); (19) WESTERN DAWN (United States official number 524423); and (20) any vessel-- (A) determined by the Secretary to have delivered at least 250 metric tons of pollock for processing by motherships in the offshore component of the directed pollock fishery in any one of the years 1996 or 1997, or between January 1, 1998 and September 1, 1998; (B) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and (C) not listed in subsection (b).
(d) Motherships.--Effective January 1, 2000, only the following motherships shall be eligible to process the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit: (1) EXCELLENCE (United States official number 967502); (2) GOLDEN ALASKA (United States official number 651041); and (3) OCEAN PHOENIX (United States official number 296779).
(e) Catcher/Processors.--Effective January 1, 1999, only the following catcher/processors shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit: (1) AMERICAN DYNASTY (United States official number 951307); (2) KATIE ANN (United States official number 518441); (3) AMERICAN TRIUMPH (United States official number 646737); (4) NORTHERN EAGLE (United States official number 506694); (5) NORTHERN HAWK (United States official number 643771); (6) NORTHERN JAEGER (United States official number 521069); (7) OCEAN ROVER (United States official number 552100); (8) ALASKA OCEAN (United States official number 637856); (9) ENDURANCE (United States official number 592206);
(10) AMERICAN ENTERPRISE (United States official number 594803); (11) ISLAND ENTERPRISE (United States official number 610290); (12) KODIAK ENTERPRISE (United States official number 579450); (13) SEATTLE ENTERPRISE (United States official number 904767); (14) US ENTERPRISE (United States official number 921112); (15) ARCTIC STORM (United States official number 903511); (16) ARCTIC FJORD (United States official number 940866); (17) NORTHERN GLACIER (United States official number 663457); (18) PACIFIC GLACIER (United States official number 933627); (19) HIGHLAND LIGHT (United States official number 577044); (20) STARBOUND (United States official number 944658); and (21) any catcher/processor not listed in this subsection and determined by the Secretary to have harvested more than 2,000 metric tons of the pollock in the 1997 directed pollock fishery and determined to be eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary, except that catcher/processors eligible under this paragraph shall be prohibited from harvesting in the aggregate a total of more than one-half (0.5) of a percent of the pollock apportioned for the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note) shall not make a catcher/processor listed under this subsection ineligible for a fishery endorsement.
(f) Shoreside Processors.--(1) Effective January 1, 2000 and except as provided in paragraph (2), the catcher vessels eligible under subsection (a) may deliver pollock harvested from the directed fishing allowance under section 206(b)(1) only to-- (A) shoreside processors (including vessels in a single geographic location in Alaska State waters) determined by the Secretary to have processed more than 2,000 metric tons round- weight of pollock in the inshore component of the directed pollock fishery during each of 1996 and 1997; and (B) shoreside processors determined by the Secretary to have processed pollock in the inshore component of the directed pollock fishery in 1996 or 1997, but to have processed less than 2,000 metric tons round-weight of such pollock in each year, except that effective January 1, 2000, each such shoreside processor may not process more than 2,000 metric tons round- weight from such directed fishing allowance in any year.
(2) Upon recommendation by the North Pacific Council, the Secretary may approve measures to allow catcher vessels eligible under subsection (a) to deliver pollock harvested from the directed
fishing allowance under section 206(b)(1) to shoreside processors not eligible under paragraph (1) if the total allowable catch for pollock in the Bering Sea and Aleutian Islands Management Area increases by more than 10 percent above the total allowable catch in such fishery in 1997, or in the event of the actual total loss or constructive total loss of a shoreside processor eligible under paragraph (1)(A). (g) Replacement Vessels.--In the event of the actual total loss or constructive total loss of a vessel eligible under subsections (a), (b), (c), (d), or (e), the owner of such vessel may replace such vessel with a vessel which shall be eligible in the same manner under that subsection as the eligible vessel, provided that-- (1) such loss was caused by an act of God, an act of war, a collision, an act or omission of a party other than the owner or agent of the vessel, or any other event not caused by the willful misconduct of the owner or agent; (2) the replacement vessel was built in the United States and if ever rebuilt, was rebuilt in the United States; (3) the fishery endorsement for the replacement vessel is issued within 36 months of the end of the last year in which the eligible vessel harvested or processed pollock in the directed pollock fishery; (4) if the eligible vessel is greater than 165 feet in registered length, of more than 750 gross registered tons, or has engines capable of producing more than 3,000 shaft horsepower, the replacement vessel is of the same or lesser registered length, gross registered tons, and shaft horsepower; (5) if the eligible vessel is less than 165 feet in registered length, of fewer than 750 gross registered tons, and has engines incapable of producing less than 3,000 shaft horsepower, the replacement vessel is less than each of such thresholds and does not exceed by more than 10 percent the registered length, gross registered tons or shaft horsepower of the eligible vessel; and (6) the replacement vessel otherwise qualifies under federal law for a fishery endorsement, including under section 12102(c) of title 46, United States Code, as amended by this Act.
(h) Eligibility During Implementation.--In the event the Secretary is unable to make a final determination about the eligibility of a vessel under subsection (b)(8) or subsection (e)(21) before January 1, 1999, or a vessel or shoreside processor under subsection (a), subsection (c)(21), or subsection (f) before January 1, 2000, such vessel or shoreside processor, upon the filing of an application for eligibility, shall be eligible to participate in the directed pollock fishery pending final determination by the Secretary with respect to such vessel or shoreside processor.
(i) Eligibility Not a Right.--Eligibility under this section shall not be construed-- (1) to confer any right of compensation, monetary or otherwise, to the owner of any catcher vessel, catcher/ processor, mothership, or shoreside processor if such eligibility is revoked or limited in any way, including through the revocation or limitation of a fishery endorsement or any federal permit or license; (2) to create any right, title, or interest in or to any fish in any fishery; or
(3) to waive any provision of law otherwise applicable to such catcher vessel, catcher/processor, mothership, or shoreside processor.
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).
(a) Public Notice.--(1) Any contract implementing a fishery cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521) in the directed pollock fishery and any material modifications to any such contract shall be filed not less than 30 days prior to the start of fishing under the contract with the North Pacific Council and with the Secretary, together with a copy of a letter from a party to the contract requesting a business review letter on the fishery cooperative from the Department of Justice and any response to such request. Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other provision of law, but taking into account the interest of parties to any such contract in protecting the confidentiality of proprietary information, the North Pacific Council and Secretary shall-- (A) make available to the public such information about the contract, contract modifications, or fishery cooperative the North Pacific Council and Secretary deem appropriate, which at a minimum shall include a list of the parties to the contract, a list of the vessels involved, and the amount of pollock and other fish to be harvested by each party to such contract; and (B) make available to the public in such manner as the North Pacific Council and Secretary deem appropriate information about the harvest by vessels under a fishery cooperative of all species (including bycatch) in the directed pollock fishery on a vessel-by-vessel basis.
(b) Catcher Vessels Onshore.-- (1) Catcher vessel cooperatives.-- Effective January 1, 2000, upon the filing of a contract implementing a fishery cooperative under subsection (a) which-- (A) is signed by the owners of 80 percent or more of the qualified catcher vessels that delivered pollock for processing by a shoreside processor in the directed pollock fishery in the year prior to the year in which the fishery cooperative will be in effect; and (B) specifies, except as provided in paragraph (6), that such catcher vessels will deliver pollock in the directed pollock fishery only to such shoreside processor during the year in which the fishery cooperative will be in effect and that such shoreside processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) to harvest the aggregate percentage of the directed fishing allowance under section 206(b)(1) in the year in which the fishery cooperative will be in effect that is equivalent to the aggregate total amount of pollock harvested by such catcher vessels (and by such catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) in the directed pollock fishery for processing by the inshore component during 1995, 1996, and 1997 relative to the aggregate total amount of pollock harvested in the directed pollock fishery for processing by the inshore component during such years and shall prevent such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) from harvesting in aggregate in excess of such percentage of such directed fishing allowance. (2) Voluntary participation.--Any contract implementing a fishery cooperative under paragraph (1) must allow the owners of other qualified catcher vessels to enter into such contract after it is filed and before the calender year in which fishing will begin under the same terms and conditions as the owners of the qualified catcher vessels who entered into such contract upon filing. (3) Qualified catcher vessel.--For the purposes of this subsection, a catcher vessel shall be considered a ``qualified catcher vessel'' if, during the year prior to the year in which the fishery cooperative will be in effect, it delivered more pollock to the shoreside processor to which it will deliver pollock under the fishery cooperative in paragraph (1) than to any other shoreside processor. (4) Consideration of certain vessels.--Any contract implementing a fishery cooperative under paragraph (1) which has been entered into by the owner of a qualified catcher vessel eligible under section 208(a) that harvested pollock for processing by catcher/processors or motherships in the directed pollock fishery during 1995, 1996, and 1997 shall, to the extent practicable, provide fair and equitable terms and conditions for the owner of such qualified catcher vessel. (5) Open access.--A catcher vessel eligible under section 208(a) the catch history of which has not been attributed to a fishery cooperative under paragraph (1) may be used to deliver pollock harvested by such vessel from the directed fishing allowance under section 206(b)(1) (other than pollock
reserved under paragraph (1) for a fishery cooperative) to any of the shoreside processors eligible under section 208(f). A catcher vessel eligible under section 208(a) the catch history of which has been attributed to a fishery cooperative under paragraph (1) during any calendar year may not harvest any pollock apportioned under section 206(b)(1) in such calendar year other than the pollock reserved under paragraph (1) for such fishery cooperative. (6) Transfer of cooperative harvest.--A contract implementing a fishery cooperative under paragraph (1) may, notwithstanding the other provisions of this subsection, provide for up to 10 percent of the pollock harvested under such cooperative to be processed by a shoreside processor eligible under section 208(f) other than the shoreside processor to which pollock will be delivered under paragraph (1).
(c) Catcher Vessels to Catcher/ Processors.--Effective January 1, 1999, not less than 8.5 percent of the directed fishing allowance under section 206(b)(2) shall be available for harvest only by the catcher vessels eligible under section 208(b). The owners of such catcher vessels may participate in a fishery cooperative with the owners of the catcher/processors eligible under paragraphs (1) through (20) of the section 208(e). The owners of such catcher vessels may participate in a fishery cooperative that will be in effect during 1999 only if the contract implementing such cooperative establishes penalties to prevent such vessels from exceeding in 1999 the traditional levels harvested by such vessels in all other fisheries in the exclusive economic zone of the United States.
(d) Catcher Vessels to Motherships.-- (1) Processing.--Effective January 1, 2000, the authority in section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall extend to processing by motherships eligible under section 208(d) solely for the purposes of forming or participating in a fishery cooperative in the directed pollock fishery upon the filing of a contract to implement a fishery cooperative under subsection (a) which has been entered into by the owners of 80 percent or more of the catcher vessels eligible under section 208(c) for the duration of such contract, provided that such owners agree to the terms of the fishery cooperative involving processing by the motherships. (2) Voluntary participation.--Any contract implementing a fishery cooperative described in paragraph (1) must allow the owners of any other catcher vessels eligible under section 208(c) to enter such contract after it is filed and before the calendar year in which fishing will begin under the same terms and conditions as the owners of the catcher vessels who entered into such contract upon filing.
(e) Excessive Shares.-- (1) Harvesting.--No particular individual, corporation, or other entity may harvest, through a fishery cooperative or otherwise, a total of more than 17.5 percent of the pollock available to be harvested in the directed pollock fishery. (2) Processing.--Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific Council is directed to recommend for approval by the Secretary conservation and management measures to prevent any particular individual or entity from processing an excessive
share of the pollock available to be harvested in the directed pollock fishery. In the event the North Pacific Council recommends and the Secretary approves an excessive processing share that is lower than 17.5 percent, any individual or entity that previously processed a percentage greater than such share shall be allowed to continue to process such percentage, except that their percentage may not exceed 17.5 percent (excluding pollock processed by catcher/processors that was harvested in the directed pollock fishery by catcher vessels eligible under 208(b)) and shall be reduced if their percentage decreases, until their percentage is below such share. In recommending the excessive processing share, the North Pacific Council shall consider the need of catcher vessels in the directed pollock fishery to have competitive buyers for the pollock harvested by such vessels. (3) Review by maritime administration.--At the request of the North Pacific Council or the Secretary, any individual or entity believed by such Council or the Secretary to have exceeded the percentage in either paragraph (1) or (2) 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.
PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
(a) General.--The North Pacific Council shall recommend for approval by the Secretary such conservation and management
measures as it determines necessary to protect other fisheries under its jurisdiction and the participants in those fisheries, including processors, from adverse impacts caused by this Act or fishery cooperatives in the directed pollock fishery. (b) Catcher/Processor Restrictions.-- (1) General.--The restrictions in this subsection shall take effect on January 1, 1999 and shall remain in effect thereafter except that they may be superceded (with the exception of paragraph (4)) by conservation and management measures recommended after the date of the enactment of this Act by the North Pacific Council and approved by the Secretary in accordance with the Magnuson-Stevens Act. (2) Bering sea fishing.--The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) are hereby prohibited from, in the aggregate-- (A) exceeding the percentage of the harvest available in the offshore component of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is equivalent to the total harvest by such catcher/processors and the catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to the total amount available to be harvested by the offshore component in the fishery in 1995, 1996, and 1997; (B) exceeding the percentage of the prohibited species available in the offshore component of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is equivalent to the total of the prohibited species harvested by such catcher/processors and the catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to the total amount of prohibited species available to be harvested by the offshore component in the fishery in 1995, 1996, and 1997; and (C) fishing for Atka mackerel in the eastern area of the Bering Sea and Aleutian Islands and from exceeding the following percentages of the directed harvest available in the Bering Sea and Aleutian Islands Atka mackerel fishery-- (i) 11.5 percent in the central area; and (ii) 20 percent in the western area. (3) Bering sea processing.--The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) are hereby prohibited from-- (A) processing any of the directed fishing allowances under paragraphs (1) or (3) of section 206(b); and (B) processing any species of crab harvested in the Bering Sea and Aleutian Islands Management Area. (4) Gulf of alaska.--The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) are hereby prohibited from-- (A) harvesting any fish in the Gulf of Alaska; (B) processing any groundfish harvested from the portion of the exclusive economic zone off Alaska known as area 630 under the fishery management plan for Gulf of Alaska groundfish; or (C) processing any pollock in the Gulf of Alaska (other than as bycatch in non-pollock groundfish fisheries) or processing, in the aggregate, a total of more than 10 percent
of the cod harvested from areas 610, 620, and 640 of the Gulf of Alaska under the fishery management plan for Gulf of Alaska groundfish. (5) Fisheries other than north pacific.--The catcher/ processors eligible under paragraphs (1) through (20) of section 208(e) and motherships eligible under section 208(d) are hereby prohibited from harvesting fish in any fishery under the authority of any regional fishery management council established under section 302(a) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)) other than the North Pacific Council, except for the Pacific whiting fishery, and from processing fish in any fishery under the authority of any such regional fishery management council other than the North Pacific Council, except in the Pacific whiting fishery, unless the catcher/processor or mothership is authorized to harvest or process fish under a fishery management plan recommended by the regional fishery management council of jurisdiction and approved by the Secretary. (6) Observers and scales.--The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) shall-- (A) have two observers onboard at all times while groundfish is being harvested, processed, or received from another vessel in any fishery under the authority of the North Pacific Council; and (B) weigh its catch on a scale onboard approved by the National Marine Fisheries Service while harvesting groundfish in fisheries under the authority of the North Pacific Council. This paragraph shall take effect on January 1, 1999 for catcher/processors eligible under paragraphs (1) through (20) of section 208(e) that will harvest pollock allocated under section 206(a) in 1999, and shall take effect on January 1, 2000 for all other catcher/processors eligible under such paragraphs of section 208(e).
(c) Catcher Vessel and Shoreside Processor Restrictions.-- (1) Required council recommendations.--By not later than July 1, 1999, the North Pacific Council shall recommend for approval by the Secretary conservation and management measures to-- (A) prevent the catcher vessels eligible under subsections (a), (b), and (c) of section 208 from exceeding in the aggregate the traditional harvest levels of such vessels in other fisheries under the authority of the North Pacific Council as a result of fishery cooperatives in the directed pollock fishery; and (B) protect processors not eligible to participate in the directed pollock fishery from adverse effects as a result of this Act or fishery cooperatives in the directed pollock fishery. If the North Pacific Council does not recommend such conservation and management measures by such date, or if the Secretary determines that such conservation and management measures recommended by the North Pacific Council are not adequate to fulfill the purposes of this paragraph, the Secretary may by regulation restrict or change the authority in section
210(b) to the extent the Secretary deems appropriate, including by preventing fishery cooperatives from being formed pursuant to such section and by providing greater flexibility with respect to the shoreside processor or shoreside processors to which catcher vessels in a fishery cooperative under section 210(b) may deliver pollock. (2) Bering sea crab and groundfish.-- (A) Effective January 1, 2000, the owners of the motherships eligible under section 208(d) and the shoreside processors eligible under section 208(f) that receive pollock from the directed pollock fishery under a fishery cooperative are hereby prohibited from processing, in the aggregate for each calendar year, more than the percentage of the total catch of each species of crab in directed fisheries under the jurisdiction of the North Pacific Council than facilities operated by such owners processed of each such species in the aggregate, on average, in 1995, 1996, 1997. For the purposes of this subparagraph, the term ``facilities'' means any processing plant, catcher/processor, mothership, floating processor, or any other operation that processes fish. Any entity in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be the same entity as the other individual or entity for the purposes of this subparagraph. (B) Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific Council is directed to recommend for approval by the Secretary conservation and management measures to prevent any particular individual or entity from harvesting or processing an excessive share of crab or of groundfish in fisheries in the Bering Sea and Aleutian Islands Management Area. (C) The catcher vessels eligible under section 208(b) are hereby prohibited from participating in a directed fishery for any species of crab in the Bering Sea and Aleutian Islands Management Area unless the catcher vessel harvested crab in the directed fishery for that species of crab in such Area during 1997 and is eligible to harvest such crab in such directed fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary. The North Pacific Council is directed to recommend measures for approval by the Secretary to eliminate latent licenses under such program, and nothing in this subparagraph shall preclude the Council from recommending measures more restrictive than under this paragraph. (3) Fisheries other than north pacific.-- (A) By not later than July 1, 2000, the Pacific Fishery Management Council established under section 302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall recommend for approval by the Secretary conservation and management measures to protect fisheries under its jurisdiction and the participants in those fisheries from adverse impacts caused by this Act or by any fishery cooperatives in the directed pollock fishery. (B) If the Pacific Council does not recommend such conservation and management measures by such date, or
if the Secretary determines that such conservation and management measures recommended by the Pacific Council are not adequate to fulfill the purposes of this paragraph, the Secretary may by regulation implement adequate measures including, but not limited to, restrictions on vessels which harvest pollock under a fishery cooperative which will prevent such vessels from harvesting Pacific groundfish, and restrictions on the number of processors eligible to process Pacific groundfish.
(d) Bycatch Information.--Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council may recommend and the Secretary may approve, under such terms and conditions as the North Pacific Council and Secretary deem appropriate, the public disclosure of any information from the groundfish fisheries under the authority of such Council that would be beneficial in the implementation of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(9) and 1853(a)(11)). (e) Community Development Loan Program.--Under the authority of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), and subject to the availability of appropriations, the Secretary is authorized to provide direct loan obligations to communities eligible to participate in the western Alaska community development quota program established under 304(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)) for the purposes of purchasing all or part of an ownership interest in vessels and shoreside processors eligible under subsections (a), (b), (c), (d), (e), or (f) of section 208. Notwithstanding the eligibility criteria in section 208(a) and section 208(c), the LISA MARIE (United States official number 1038717) shall be eligible under such sections in the same manner as other vessels eligible under such sections.
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.''.
(a) General.--Except as otherwise provided in this title, the provisions of this title shall take effect upon the date of the enactment of this Act. Sections 206, 208, and 210 shall remain in effect until December 31, 2004, and shall be repealed on such date, except that the North Pacific Council may recommend and the Secretary may approve conservation and management measures
as part of a fishery management plan under the Magnuson-Stevens Act to give effect to the measures in such sections thereafter.
(b) Existing Authority.--Except for the measures required by this subtitle, nothing in this subtitle shall be construed to limit the authority of the North Pacific Council or the Secretary under the Magnuson-Stevens Act. (c) Changes to Fishery Cooperative Limitations and Pollock CDQ Allocation.--The North Pacific Council may recommend and the Secretary may approve conservation and management measures in accordance with the Magnuson-Stevens Act-- (1) that supersede the provisions of this title, except for sections 206 and 208, for conservation purposes or to mitigate adverse effects in fisheries or on owners of fewer than three vessels in the directed pollock fishery caused by this title or fishery cooperatives in the directed pollock fishery, provided such measures take into account all factors affecting the fisheries and are imposed fairly and equitably to the extent practicable among and within the sectors in the directed pollock fishery; (2) that supersede the allocation in section 206(a) for any of the years 2002, 2003, and 2004, upon the finding by such Council that the western Alaska community development quota program for pollock has been adversely affected by the amendments in this title; or (3) that supersede the criteria required in paragraph (1) of section 210(b) to be used by the Secretary to set the percentage allowed to be harvested by catcher vessels pursuant to a fishery cooperative under such paragraph.
(d) Report to Congress.--Not later than October 1, 2000, the North Pacific Council shall submit a report to the Secretary and to Congress on the implementation and effects of this Act, including the effects on fishery conservation and management, on bycatch levels, on fishing communities, on business and employment practices of participants in any fishery cooperatives, on the western Alaska community development quota program, on any fisheries outside of the authority of the North Pacific Council, and such other matters as the North Pacific Council deems appropriate. (e) Report on Fillet Production.--Not later than June 1, 2000, the General Accounting Office shall submit a report to the North Pacific Council, the Secretary, and the Congress on whether this Act has negatively affected the market for fillets and fillet blocks, including through the reduction in the supply of such fillets and fillet blocks. If the report determines that such market has been negatively affected, the North Pacific Council shall recommend measures for the Secretary's approval to mitigate any negative effects.
(f) Severability.--If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this title, the amendments made by this title, and the application of the provisions of such to any person or circumstance shall not be affected thereby. (g) International Agreements.--In the event that any provision of section 12102(c) or section 31322(a) of title 46, United States Code, as amended by this Act, is determined to be inconsistent with an existing international agreement relating to foreign investment to which the United States is a party with respect
to the owner or mortgagee on October 1, 2001 of a vessel with a fishery endorsement, such provision shall not apply to that owner or mortgagee with respect to such vessel to the extent of any such inconsistency. The provisions of section 12102(c) and section 31322(a) of title 46, United States Code, as amended by this Act, shall apply to all subsequent owners and mortgagees of such vessel, and shall apply, notwithstanding the preceding sentence, to the owner on October 1, 2001 of such vessel if any ownership interest in that owner is transferred to or otherwise acquired by a foreign individual or entity after such date.
Title III—DENALI <<NOTE: Denali Commission Act of 1998. 42 USC 3121
This title may be cited as the ``Denali Commission Act of 1998''.
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.
(a) Establishment.--There is established a commission to be known as the Denali Commission (referred to in this title as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 7 members, who shall be appointed by the Secretary of Commerce (referred to in this title as the ``Secretary''), of whom-- (A) one shall be the Governor of the State of Alaska, or an individual selected from nominations submitted by the Governor, who shall serve as the State Cochairperson; (B) one shall be the President of the University of Alaska, or an individual selected from nominations submitted by the President of the University of Alaska; (C) one shall be the President of the Alaska Municipal League or an individual selected from nominations submitted by the President of the Alaska Municipal League; (D) one shall be the President of the Alaska Federation or Natives or an individual selected from nominations submitted by the President of the Alaska Federation or Natives; (E) one shall be the Executive President of the Alaska State AFL-CIO or an individual selected from nominations submitted by the Executive President; (F) one shall be the President of the Associated General Contractors of Alaska or an individual selected from nominations submitted by the President of the Associated General Contractors of Alaska; and
(G) one shall be the Federal Cochairperson, who shall be selected in accordance with the requirements of paragraph (2). (2) Federal cochairperson.-- (A) In general.--The President pro temporare of the Senate and the Speaker of the House of Representatives shall each submit a list of nominations for the position of the Federal Cochairperson under paragraph (1)(G), including pertinent biographical information, to the Secretary. (B) Appointment.--The Secretary shall appoint the Federal Cochairperson from among the list of nominations submitted under subparagraph (A). The Federal Cochairperson shall serve as an employee of the Department of Commerce, and may be removed by the Secretary for cause. (C) Federal cochairperson vote.--The Federal Cochairperson appointed under this paragraph shall break any tie in the voting of the Commission. (4) Date.--The appointments of the members of the Commission shall be made no later than January 1, 1999.
(c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Meetings.-- (1) In general.--The Commission shall meet at the call of the Federal Cochairperson not less frequently than 2 times each year, and may, as appropriate, conduct business by telephone or other electronic means. (2) Notification.--Not later than 2 weeks before calling a meeting under this subsection, the Federal Cochairperson shall-- (A) notify each member of the Commission of the time, date and location of that meeting; and (B) provide each member of the Commission with a written agenda for the meeting, including any proposals for discussion and consideration, and any appropriate background materials.
(e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(a) Work Plan.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Commission shall develop a proposed work plan for Alaska that meets the requirements of paragraph (2) and submit that plan to the Federal Cochairperson for review in accordance with the requirements of subsection (b). (2) Work plan.--In developing the work plan, the Commission shall-- (A) solicit project proposals from local governments and other entities and organizations; and (B) provide for a comprehensive work plan for rural and infrastructure development and necessary job training in the area covered under the work plan.
(3) Report.--Upon completion of a work plan under this subsection, the Commission shall prepare, and submit to the Secretary, the Federal Cochairperson, and the Director of the Office of Management and Budget, a report that outlines the work plan and contains recommendations for funding priorities.
(b) Review by Federal Cochairperson.-- (1) In general.-- Upon receiving a work plan under this section, the Secretary, acting through the Federal Cochairperson, shall publish the work plan in the Federal Register, with notice and an opportunity for public comment. The period for public review and comment shall be the 30-day period beginning on the date of publication of that notice. (2) Criteria for review.--In conducting a review under paragraph (1), the Secretary, acting through the Federal Cochairperson, shall-- (A) take into consideration the information, views, and comments received from interested parties through the public review and comment process specified in paragraph (1); and (B) consult with appropriate Federal officials in Alaska including but not limited to Bureau of Indian Affairs, Economic Development Administration, and Rural Development Administration. (3) Approval.--Not later than 30 days after the end of the period specified in paragraph (1), the Secretary acting through the Federal Cochairperson, shall-- (A) approve, disapprove, or partially approve the work plan that is the subject of the review; and (B) issue to the Commission a notice of the approval, disapproval, or partial approval that-- (i) specifies the reasons for disapproving any portion of the work plan; and (ii) if applicable, includes recommendations for revisions to the work plan to make the plan subject to approval. (4) Review of disapproval or partial approval.--If the Secretary, acting through the Federal Cochairperson, disapproves or partially approves a work plan, the Federal Cochairperson shall submit that work plan to the Commission for review and revision.
(a) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as it considers necessary to carry out the provisions of this Act. Upon request of the Federal Cochairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. Agencies must provide the Commission with the requested information in a timely manner. Agencies are not required to provide the Commission any information that is exempt from disclosure by the Freedom of Information Act. Agenices may, upon request by the Commission, make services and personnel available to the Commission to carry out the duties of the Commission. To the maximum extent practicable, the Commission shall contract for completion of necesssary work utilizing local firms and labor to minimize costs.
(b) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (c) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property.
(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.
(a) Rural Utilities.--In carrying out its functions under this title, the Commission shall as appropriate, provide assistance, seek to avoid duplicating services and assistance, and complement the water and sewer wastewater programs under section 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) and section 303 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a). (b) Bulk Fuels.--The Commission, in consultation with the Commandant of the Coast Guard, shall develop a plan to provide
for the repair or replacement of bulk fuel storage tanks in Alaska that are not in compliance with applicable-- (1) Federal law, including the Oil Pollution Act of 1990 (104 Stat. 484); or (2) State law.
The Federal Advisory Committee Act shall not apply to the Commission.
(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
SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.
(a) Short Title.--This title may be cited as the ``American Competitiveness and Workforce Improvement Act of 1998''.
(b) Table of Contents.--The table of contents of this title is as follows:
Sec. 401. Short title; table of contents; amendments to Immigration and Nationality Act.
Subtitle A--Provisions Relating to H-1B Nonimmigrants
Sec. 411. Temporary increase in access to temporary skilled personnel under H-1B program. Sec. 412. Protection against displacement of United States workers in case of H-1B-dependent employers. Sec. 413. Changes in enforcement and penalties. Sec. 414. Collection and use of H-1B nonimmigrant fees for scholarships for low-income math, engineering, and computer science students and job training of United States workers. Sec. 415. Computation of prevailing wage level. Sec. 416. Improving count of H-1B and H-2B nonimmigrants. Sec. 417. Report on older workers in the information technology field. Sec. 418. Report on high technology labor market needs; reports on economic impact of increase in H-1B nonimmigrants.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
Sec. 421. Special immigrant status for certain NATO civilian employees.
Subtitle C--Miscellaneous Provision
Sec. 431. Academic honoraria.
(c) Amendments to Immigration and Nationality Act.--Except as otherwise specifically provided in this title, whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Subtitle A--Provisions Relating to H-1B Nonimmigrants
UNDER H-1B PROGRAM.
(a) Temporary Increase in Skilled Nonimmigrant Workers.--Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is amended to read as follows: ``(A) under section 101(a)(15)(H)(i)(b), may not exceed-- ``(i) 65,000 in each fiscal year before fiscal year 1999; ``(ii) 115,000 in fiscal year 1999; ``(iii) 115,000 in fiscal year 2000; ``(iv) 107,500 in fiscal year 2001; and ``(v) 65,000 in each succeeding fiscal year; or''.
(b) Effective Dates.--The amendment made by subsection (a) applies beginning with fiscal year 1999.
CASE OF H-1B-DEPENDENT EMPLOYERS.
(a) Protection Against Layoff and Requirement for Prior Recruitment of United States Workers.-- (1) Additional statements on application.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (D) the following: ``(E)(i) In the case of an application described in clause (ii), the employer did not displace and will not displace a United States worker (as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application. ``(ii) An application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph, and before October 1, 2001, by an H-1B-dependent employer (as defined in paragraph (3)) or by an employer that has been found, on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998, under paragraph (2)(C) or (5) to have committed a willful failure or misrepresentation during the 5-year period preceding the filing of the application. An application is not described in this clause if the only H-1B nonimmigrants sought in the application are exempt H-1B nonimmigrants. ``(F) In the case of an application described in subparagraph (E)(ii), the employer will not place the nonimmigrant with another employer (regardless of whether or not such other employer is an H-1B-dependent employer) where-- ``(i) the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer; and ``(ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; unless the employer has inquired of the other employer as to whether, and has no knowledge that, within the period beginning 90 days before and ending 90 days after the date of the placement of the nonimmigrant with the other employer, the other employer has displaced or intends to displace a United States worker employed by the other employer.
``(G)(i) In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing the application-- ``(I) has taken good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to H-1B nonimmigrants under subparagraph (A), United States workers for the job for which the nonimmigrant or nonimmigrants is or are sought; and ``(II) has offered the job to any United States worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought. ``(ii) The conditions described in clause (i) shall not apply to an application filed with respect to the employment of an H-1B nonimmigrant who is described in subparagraph (A), (B), or (C) of section 203(b)(1).''. (2) Notice on application of potential liability of placing employers.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by adding at the end the following: ``The application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph.''. (3) Construction.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is further amended by adding at the end the following: ``Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner.''.
(b) H-1B-Dependent Employer and Other Definitions.-- (1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the following:
``(3)(A) For purposes of this subsection, the term `H-1B-dependent employer' means an employer that-- ``(i)(I) has 25 or fewer full-time equivalent employees who are employed in the United States; and (II) employs more than 7 H-1B nonimmigrants; ``(ii)(I) has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States; and (II) employs more than 12 H-1B nonimmigrants; or ``(iii)(I) has at least 51 full-time equivalent employees who are employed in the United States; and (II) employs H-1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
``(B) For purposes of this subsection-- ``(i) the term `exempt H-1B nonimmigrant' means an H-1B nonimmigrant who-- ``(I) receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or ``(II) has attained a master's or higher degree (or its equivalent) in a specialty related to the intended employment; and
``(ii) the term `nonexempt H-1B nonimmigrant' means an H-1B nonimmigrant who is not an exempt H-1B nonimmigrant.
``(C) For purposes of subparagraph (A)-- ``(i) in computing the number of full-time equivalent employees and the number of H-1B nonimmigrants, exempt H-1B nonimmigrants shall not be taken into account during the longer of-- ``(I) the 6-month period beginning on the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998; or ``(II) the period beginning on the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998 and ending on the date final regulations are issued to carry out this paragraph; and ``(ii) any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer.
``(4) For purposes of this subsection: ``(A) The term `area of employment' means the area within normal commuting distance of the worksite or physical location where the work of the H-1B nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment. ``(B) In the case of an application with respect to one or more H-1B nonimmigrants by an employer, the employer is considered to `displace' a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a United States worker with substantially equivalent qualifications and experience, and is located in the same area of employment as the other job. ``(C) The term `H-1B nonimmigrant' means an alien admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b). ``(D)(i) The term `lays off', with respect to a worker-- ``(I) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in subparagraph (E) or (F) of paragraph (1)); but ``(II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under paragraph (1)(F), with either employer described in such paragraph) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.
``(ii) Nothing in this subparagraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract. ``(E) The term `United States worker' means an employee who-- ``(i) is a citizen or national of the United States; or ``(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Attorney General, to be employed.''. (2) Conforming amendments.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by striking ``a nonimmigrant described in section 101(a)(15)(H)(i)(b)'' each place it appears and inserting ``an H-1B nonimmigrant''.
(c) Improved Posting of Notice of Application.--Section 212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as follows: ``(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which H-1B nonimmigrants are sought.''.
(d) Effective Dates.--The amendments made by subsection (a) apply to applications filed under section 212(n)(1) of the Immigration and Nationality Act on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections (b) and (c) take effect on the date of the enactment of this Act.
(e) Reduction of Period for Public Comment.--In first promulgating regulations to implement the amendments made by this section in a timely manner, the Secretary of Labor and the Attorney General may reduce to not less than 30 days the period of public comment on proposed regulations.
(a) Increased Enforcement and Penalties.--Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended to read as follows: ``(C)(i) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an application-- ``(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and ``(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 1 year for aliens to be employed by the employer.
``(ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an application, or a violation of clause (iv)--
``(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; and ``(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 2 years for aliens to be employed by the employer.
``(iii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application-- ``(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary determines to be appropriate; and ``(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 3 years for aliens to be employed by the employer.
``(iv) It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection. ``(v) The Secretary of Labor and the Attorney General shall devise a process under which an H-1B nonimmigrant who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. ``(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H-1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law. ``(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.
It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien. ``(III) If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury. ``(vii)(I) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H-1B nonimmigrant designated as a full-time employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status due to a decision by the employer (based on factors such as lack of work), or due to the nonimmigrant's lack of a permit or license, to fail to pay the nonimmigrant full-time wages in accordance with paragraph (1)(A) for all such nonproductive time. ``(II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H-1B nonimmigrant designated as a part-time employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a nonimmigrant for such hours as are designated on such petition consistent with the rate of pay identified on such petition. ``(III) In the case of an H-1B nonimmigrant who has not yet entered into employment with an employer who has had approved an application under this subsection, and a petition under section 214(c)(1), with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after the date the nonimmigrant first is admitted into the United States pursuant to the petition, or 60 days after the date the nonimmigrant becomes eligible to work for the employer (in the case of a nonimmigrant who is present in the United States on the date of the approval of the petition). ``(IV) This clause does not apply to a failure to pay wages to an H- 1B nonimmigrant for nonproductive time due to non-work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work. ``(V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to an H- 1B nonimmigrant an established salary practice of the employer, under which the employer pays to H-1B nonimmigrants and United States workers in the same occupational classification an annual salary in disbursements over fewer than 12 months, if-- ``(aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and ``(bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to
violate any condition of the nonimmigrant's authorization under this Act to remain in the United States.
``(VI) This clause shall not be construed as superseding clause (viii). ``(viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an application under this subsection to fail to offer to an H-1B nonimmigrant, during the nonimmigrant's period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance)) on the same basis, and in accordance with the same criteria, as the employer offers to United States workers.''. (b) Use of Arbitration Process for Disputes Involving Qualifications of United States Workers Not Hired.-- (1) In general.--Section 212(n) (8 U.S.C. 1182(n)), as amended by section 412(b), is further amended by adding at the end the following:
``(5)(A) This paragraph shall apply instead of subparagraphs (A) through (E) of paragraph (2) in the case of a violation described in subparagraph (B), but shall not be construed to limit or affect the authority of the Secretary or the Attorney General with respect to any other violation.
``(B) The Attorney General shall establish a process for the receipt, initial review, and disposition in accordance with this paragraph of complaints respecting an employer's failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioner's misrepresentation of material facts with respect to such condition. Complaints may be filed by an aggrieved individual who has submitted a resume or otherwise applied in a reasonable manner for the job that is the subject of the condition. No proceeding shall be conducted under this paragraph on a complaint concerning such a failure or misrepresentation unless the Attorney General determines that the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively.
``(C) If the Attorney General finds that a complaint has been filed in accordance with subparagraph (B) and there is reasonable cause to believe that such a failure or misrepresentation described in such complaint has occurred, the Attorney General shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of such Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The Attorney General shall pay the fee and expenses of the arbitrator. ``(D)(i) The arbitrator shall make findings respecting whether a failure or misrepresentation described in subparagraph (B) occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect. The arbitrator may not find such a failure or misrepresentation (or that such a failure or misrepresentation was willful) unless the complainant demonstrates such a failure or misrepresentation (or its willful character) by clear and convincing evidence. The arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Attorney General. Such findings shall be final and conclusive, and, except as provided
in this subparagraph, no official or court of the United States shall have power or jurisdiction to review any such findings.
``(ii) The Attorney General may review and reverse or modify the findings of an arbitrator only on the same bases as an award of an arbitrator may be vacated or modified under section 10 or 11 of title 9, United States Code. ``(iii) With respect to the findings of an arbitrator, a court may review only the actions of the Attorney General under clause (ii) and may set aside such actions only on the grounds described in subparagraph (A), (B), or (C) of section 706(a)(2) of title 5, United States Code. Notwithstanding any other provision of law, such judicial review may only be brought in an appropriate United States court of appeals. ``(E) If the Attorney General receives a finding of an arbitrator under this paragraph that an employer has failed to meet the condition of paragraph (1)(G)(i)(II) or has misrepresented a material fact with respect to such condition, unless the Attorney General reverses or modifies the finding under subparagraph (D)(ii)-- ``(i) the Attorney General may impose administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation or $5,000 per violation in the case of a willful failure or misrepresentation) as the Attorney General determines to be appropriate; and ``(ii) the Attorney General is authorized to not approve petitions filed, with respect to that employer and for aliens to be employed by the employer, under section 204 or 214(c)-- ``(I) during a period of not more than 1 year; or ``(II) in the case of a willful failure or willful misrepresentation, during a period of not more than 2 years.
``(F) The Attorney General shall not delegate, to any other employee or official of the Department of Justice, any function of the Attorney General under this paragraph, until 60 days after the Attorney General has submitted a plan for such delegation to the Committees on the Judiciary of the United States House of Representatives and the Senate.''. (2) Conforming amendment.--The first sentence of section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to paragraph (5)(A), the Secretary''.
(c) Liability of Petitioning Employer in Case of Placement of H-1B Nonimmigrant With Another Employer.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following: ``(E) If an H-1B-dependent employer places a nonexempt H-1B nonimmigrant with another employer as provided under paragraph (1)(F) and the other employer has displaced or displaces a United States worker employed by such other employer during the period described in such paragraph, such displacement shall be considered for purposes of this paragraph a failure, by the placing employer, to meet a condition specified in an application submitted under paragraph (1); except that the Attorney General may impose a sanction described in subclause (II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of Labor found that such placing employer-- ``(i) knew or had reason to know of such displacement at the time of the placement of the nonimmigrant with the other employer; or
``(ii) has been subject to a sanction under this subparagraph based upon a previous placement of an H-1B nonimmigrant with the same other employer.''.
(d) Spot Investigations During Probationary Period.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c), is further amended by adding at the end the following: ``(F) The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date (on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998) on which the employer is found by the Secretary to have committed a willful failure to meet a condition of paragraph (1) (or has been found under paragraph (5) to have committed a willful failure to meet the condition of paragraph (1)(G)(i)(II)) or to have made a willful misrepresentation of material fact in an application. The preceding sentence shall apply to an employer regardless of whether or not the employer is an H-1B- dependent employer. The authority of the Secretary under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A).''. (e) Additional Investigative Authority.-- (1) In general.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (d), is further amended by adding at the end the following:
``(G)(i) If the Secretary receives specific credible information from a source, who is likely to have knowledge of an employer's practices or employment conditions, or an employer's compliance with the employer's labor condition application under paragraph (1), and whose identity is known to the Secretary, and such information provides reasonable cause to believe that the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees, the Secretary may conduct a 30-day investigation into the alleged failure or failures. The Secretary (or the Acting Secretary in the case of the Secretary's absence or disability) shall personally certify that the requirements for conducting such an investigation have been met and shall approve commencement of the investigation. The Secretary may withhold the identity of the source from the employer, and the source's identity shall not be subject to disclosure under section 552 of title 5, United States Code.
``(ii) The Secretary shall establish a procedure for any person, desiring to provide to the Secretary information described in clause (i) that may be used, in whole or in part, as the basis for commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. The person may not be an officer or employee of the Department of Labor, unless the information satisfies the requirement of clause (iii)(II) (although an officer or employee of the Department of Labor may complete the form on behalf of the person). ``(iii) Any investigation initiated or approved by the Secretary under clause (i) shall be based on information that satisfies the requirements of such clause and that (I) originates from a source other than an officer or employee of the Department of Labor,
or (II) was lawfully obtained by the Secretary of Labor in the course of lawfully conducting another Department of Labor investigation under this Act or any other Act. ``(iv) The receipt by the Secretary of information submitted by an employer to the Attorney General or the Secretary for purposes of securing the employment of an H-1B nonimmigrant shall not be considered a receipt of information for purposes of clause (i). ``(v) No investigation described in clause (i) (or hearing described in clause (vii)) may be conducted with respect to information about a failure to meet a condition described in clause (i), unless the Secretary receives the information not later than 12 months after the date of the alleged failure.
``(vi) The Secretary shall provide notice to an employer with respect to whom the Secretary has received information described in clause (i), prior to the commencement of an investigation under such clause, of the receipt of the information and of the potential for an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause.
``(vii) If the Secretary determines under this subparagraph that a reasonable basis exists to make a finding that a failure described in clause (i) has occurred, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing, in accordance with section 556 of title 5, United States Code, within 60 days after the date of the determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing.''. (2) Sunset.--The amendment made by paragraph (1) shall cease to be effective on September 30, 2001.
(f) Construction.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (e), is further amended by adding at the end the following: ``(H) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this Act (such as the authorities under section 274B), or any other Act.''.
FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER SCIENCE STUDENTS AND JOB TRAINING OF UNITED STATES WORKERS.
(a) Imposition of Fee.--Section 214(c) (8 U.S.C. 1184(c)) is amended by adding at the end the following: ``(9)(A) The Attorney General shall impose a fee on an employer (excluding an employer described in subparagraph (A) or (B) of section 212(p)(1)) filing (on or after December 1, 1998, and before October 1, 2001) a petition under paragraph (1)-- ``(i) initially to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b);
``(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or ``(iii) to obtain authorization for an alien having such status to change employers.
``(B) The amount of the fee shall be $500 for each such petition. ``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(s).''. (b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C. 1356) is amended by adding at the end the following: ``(s) H-1B Nonimmigrant Petitioner Account.-- ``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `H-1B Nonimmigrant Petitioner Account'. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(9). ``(2) Use of fees for job training.--56.3 percent of amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998. ``(3) Use of fees for low-income scholarship program.--28.2 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended for scholarships described in section 414(d) of the American Competitiveness and Workforce Improvement Act of 1998 for low-income students enrolled in a program of study leading to a degree in mathematics, engineering, or computer science. ``(4) Additional nsf uses.-- ``(A) Grants for mathematics, engineering, or science enrichment courses.--4 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to make merit-reviewed grants, under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)), for programs that provide opportunities for enrollment in year-round academic enrichment courses in mathematics, engineering, or science. ``(B) Systemic reform activities.--4 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out systemic reform activities administered by the National Science Foundation under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)). ``(5) Use of fees for duties relating to petitions.--1.5 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragraphs (1) and (9) of section 214(c) related to petitions made for nonimmigrants described in section 101(a)(15)(H)(i)(b), to decrease the processing time for such petitions, and to carry
out duties under section 416 of the American Competitiveness and Workforce Improvement Act of 1998. Such amounts shall be available in addition to any other fees authorized to be collected by the Attorney General with respect to such petitions. ``(6) Use of fees for application processing and enforcement.--For fiscal year 1999, 6 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1) and for carrying out section 212(n)(2). Beginning with fiscal year 2000, 3 percent of the amounts deposited into the H- 1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1), and 3 percent of such amounts shall remain available to such Secretary until expended for carrying out section 212(n)(2). Notwithstanding the preceding sentence, both of the amounts made available for any fiscal year (beginning with fiscal year 2000) pursuant to the preceding sentence shall be available to such Secretary, and shall remain available until expended, only for decreasing the processing time for applications under section 212(n)(1) until the Secretary submits to the Congress a report containing a certification that, during the most recently concluded calendar year, the Secretary substantially complied with the requirement in section 212(n)(1) relating to the provision of the certification described in section 101(a)(15)(H)(i)(b) within a 7-day period.''.
(c) Demonstration Programs and Projects To Provide Technical Skills Training for Workers.-- (1) In general.--In establishing demonstration programs under section 452(c) of the Job Training Partnership Act (29 U.S.C. 1732(c)), as in effect on the date of the enactment of this Act, or demonstration programs or projects under section 171(b) of the Workforce Investment Act of 1998, the Secretary of Labor shall use funds available under section 286(s)(2) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers. (2) Grants.--The Secretary of Labor shall award grants to carry out the programs and projects described in paragraph (1) to-- (A)(i) private industry councils established under section 102 of the Job Training Partnership Act (29 U.S.C. 1512), as in effect on the date of the enactment of this Act; or (ii) local boards that will carry out such programs or projects through one-stop delivery systems established under section 121 of the Workforce Investment Act of 1998; or (B) regional consortia of councils or local boards described in subparagraph (A).
(d) Low-Income Scholarship Program.-- (1) Establishment.--The Director of the National Science Foundation (referred to in this subsection as the ``Director'') shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or
graduate level degrees in mathematics, engineering, or computer science. (2) Eligibility.-- (A) In general.--To be eligible to receive a scholarship under this subsection, an individual-- (i) must be a citizen of the United States, a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act), an alien admitted as a refugee under section 207 of the Immigration and Nationality, or an alien lawfully admitted to the United States for permanent residence; (ii) shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and (iii) shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) in order to pursue an associate, undergraduate, or graduate level degree in mathematics, engineering, or computer science. (B) Ability.--Awards of scholarships under this subsection shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to grant one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographically wide distribution throughout the United States of recipients' places of permanent residence. (3) Limitation.--The amount of a scholarship awarded under this subsection shall be determined by the Director, except that the Director shall not award a scholarship in an amount exceeding $2,500 per year. (4) Funding.--The Director shall carry out this subsection only with funds made available under section 286(s)(3) of the Immigration and Nationality Act.
(a) In General.--Section 212 (8 U.S.C. 1182) is amended by adding at the end the following: ``(p)(1) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee of-- ``(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a related or affiliated nonprofit entity; or ``(B) a nonprofit research organization or a Governmental research organization,
the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment. ``(2) With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by professional sports league rules or regulations, the wage set forth
in those rules or regulations shall be considered as not adversely affecting the wages of United States workers similarly employed and be considered the prevailing wage.''. (b) Effective Date.--The amendment made by subsection (a) applies to prevailing wage computations made-- (1) for applications filed on or after the date of the enactment of this Act; and (2) for applications filed before such date, but only to the extent that the computation is subject to an administrative or judicial determination that is not final as of such date.
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).
INFORMATION TECHNOLOGY FIELD.
(a) Study.--The Director of the National Science Foundation shall enter into a contract with the President of the National Academy of Sciences to conduct a study, using the best available data, assessing the status of older workers in the information technology field. The study shall consider the following: (1) The existence and extent of age discrimination in the information technology workplace. (2) The extent to which there is a difference, based on age, in-- (A) promotion and advancement; (B) working hours; (C) telecommuting; (D) salary; and (E) stock options, bonuses, and other benefits. (3) The relationship between rates of advancement, promotion, and compensation to experience, skill level, education, and age. (4) Differences in skill level on the basis of age.
(b) Report.--Not later than October 1, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the results of the study described in subsection (a).
MARKET NEEDS; REPORTS ON ECONOMIC IMPACT OF INCREASE IN H-1B NONIMMIGRANTS.
(a) National Science Foundation Study and Report.-- (1) In general.--The Director of the National Science Foundation shall conduct a study to assess labor market needs for workers with high technology skills during the next 10 years. The study shall investigate and analyze the following: (A) Future training and education needs of companies in the high technology and information technology sectors and future training and education needs of United States students to ensure that students' skills at various levels are matched to the needs in such sectors. (B) An analysis of progress made by educators, employers, and government entities to improve the teaching and educational level of American students in the fields of math, science, computer science, and engineering since 1998. (C) An analysis of the number of United States workers currently or projected to work overseas in professional, technical, and managerial capacities. (D) The relative achievement rates of United States and foreign students in secondary schools in a variety of subjects, including math, science, computer science, English, and history. (E) The relative performance, by subject area, of United States and foreign students in postsecondary and graduate schools as compared to secondary schools. (F) The needs of the high technology sector for foreign workers with specific skills and the potential benefits and costs to United States employers, workers, consumers,
postsecondary educational institutions, and the United States economy, from the entry of skilled foreign professionals in the fields of science and engineering. (G) The needs of the high technology sector to adapt products and services for export to particular local markets in foreign countries. (H) An examination of the amount and trend of moving the production or performance of products and services now occurring in the United States abroad. (2) Report.--Not later than October 1, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the results of the study described in paragraph (1). (3) Involvement.--The study under paragraph (1) shall be conducted in a manner that ensures the participation of individuals representing a variety of points of view.
(b) Reporting on Studies Showing Economic Impact of H-1B Nonimmigrant Increase.--The Chairman of the Board of Governors of the Federal Reserve System, the Director of the Office of Management and Budget, the Chair of the Council of Economic Advisers, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Labor, and any other member of the Cabinet, shall promptly report to the Congress the results of any reliable study that suggests, based on legitimate economic analysis, that the increase effected by section 411(a) of this title in the number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has had an impact on any national economic indicator, such as the level of inflation or unemployment, that warrants action by the Congress.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
(a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended-- (1) by striking ``or'' at the end of subparagraph (J); (2) by striking the period at the end of subparagraph (K) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(L) an immigrant who would be described in clause (i), (ii), (iii), or (iv) of subparagraph (I) if any reference in such a clause-- ``(i) to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty Organization (NATO); ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO-6 (as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the `Protocol on the Status of
International Military Headquarters' set up pursuant to the North Atlantic Treaty, or as a dependent); and ``(iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and Nationality Technical Corrections Act of 1994 were a reference to the American Competitiveness and Workforce Improvement Act of 1998.''.
(b) Conforming Nonimmigrant Status for Certain Parents of Special Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is amended-- (1) by inserting ``(or under analogous authority under paragraph (27)(L))'' after ``(27)(I)(i)''; and (2) by inserting ``(or under analogous authority under paragraph (27)(L))'' after ``(27)(I)''.
Subtitle C--Miscellaneous Provision
(a) In General.--Section 212 (8 U.S.C. 1182), as amended by section 415, is further amended by adding at the end the following: ``(q) Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to activities occurring on or after the date of the enactment of this Act.
Title V—SALTON SEA FEASIBILITY STUDY
Title VI—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE
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).
(a) Terrestrial Wildlife Habitat Restoration Plans.-- (1) In general.--In accordance with this subsection and in consultation with the Secretary and the Secretary of the Interior, the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe shall, as a condition of the receipt of funds under this title, each develop a plan for the restoration of terrestrial wildlife habitat loss that occurred as a result of flooding related to the Big Bend and Oahe projects carried out as part of the Pick-Sloan Missouri River Basin program. (2) Submission of plan to secretary.--On completion of a plan for terrestrial wildlife habitat restoration, the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe shall submit the plan to the Secretary. (3) Review by secretary and submission to committees.--The Secretary shall review the plan and submit the plan, with any comments, to the appropriate committees of the Senate and the House of Representatives. (4) Funding for carrying out plans.-- (A) State of south dakota.-- (i) Notification.--On receipt of the plan for terrestrial wildlife habitat restoration submitted by the State of South Dakota, each of the Committees referred to in paragraph (3) shall notify the Secretary of the Treasury of the receipt of the plan. (ii) Availability of funds.--On notification in accordance with clause (i), the Secretary of the Treasury shall make available to the State of South Dakota funds from the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund established under section
803, to be used to carry out the plan for terrestrial wildlife habitat restoration submitted by the State and only after the Trust Fund is fully capitalized. (B) Cheyenne river sioux tribe and lower brule sioux tribe.-- (i) Notification.--On receipt of the plan for terrestrial wildlife habitat restoration submitted by the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, each of the Committees referred to in paragraph (3) shall notify the Secretary of the Treasury of the receipt of each of the plans. (ii) Availability of funds.--On notification in accordance with clause (i), the Secretary of the Treasury shall make available to the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe funds from the Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund, respectively, established under section 804, to be used to carry out the plan for terrestrial wildlife habitat restoration submitted by the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, respectively, and only after the Trust Fund is fully capitalized. (C) Transition period.-- (i) In general.--During the period described in clause (ii), the Secretary shall-- (I) fund the terrestrial wildlife habitat restoration programs being carried out on the date of enactment of this Act on Oahe and Big Bend project land and the plans established under this section at a level that does not exceed the highest amount of funding that was provided for the programs during a previous fiscal year; and (II) fund the activities described in sections 803(d)(3) and 804(d)(3). (ii) Period.--Clause (i) shall apply during the period-- (I) beginning on the date of enactment of this Act; and (II) ending on the date on which funds are made available for use from the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund under section 803(d)(3)(A)(i) and the Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund under section 804(d)(3)(A)(i).
(b) Programs for the Purchase of Wildlife Habitat Leases.-- (1) In general.--The State of South Dakota may use funds made available under section 803(d)(3)(A)(iii) to develop a program for the purchase of wildlife habitat leases that meets the requirements of this subsection. (2) Development of a plan.-- (A) In general.--If the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux
Tribe elects to conduct a program under this subsection, the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe (in consultation with the United States Fish and Wildlife Service and the Secretary and with an opportunity for public comment) shall develop a plan to lease land for the protection and development of wildlife habitat, including habitat for threatened and endangered species, associated with the Missouri River ecosystem. (B) Use for program.--The plan shall be used by the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe in carrying out the program carried out under paragraph (1). (3) Conditions of leases.--Each lease covered under a program carried out under paragraph (1) shall specify that the owner of the property that is subject to the lease shall provide-- (A) public access for sportsmen during hunting season; and (B) public access for other outdoor uses covered under the lease, as negotiated by the landowner and the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe. (4) Use of assistance.-- (A) State of south dakota.--If the State of South Dakota conducts a program under this subsection, the State may use funds made available under section 803(d)(3)(A)(iii) to-- (i) acquire easements, rights-of-way, or leases for management and protection of wildlife habitat, including habitat for threatened and endangered species, and public access to wildlife on private property in the State of South Dakota; (ii) create public access to Federal or State land through the purchase of easements or rights- of-way that traverse such private property; or (iii) lease land for the creation or restoration of a wetland on such private property. (B) Cheyenne river sioux tribe and lower brule sioux tribe.--If the Cheyenne River Sioux Tribe or the Lower Brule Sioux Tribe conducts a program under this subsection, the Tribe may use funds made available under section 804(d)(3)(A)(iii) for the purposes described in subparagraph (A).
(c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation for the Big Bend and Oahe Projects in South Dakota.--The establishment of the trust funds under sections 803 and 804 and the development and implementation of plans for terrestrial wildlife habitat restoration developed by the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe in accordance with this section shall be considered to satisfy the Federal obligation under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife habitat mitigation for the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe projects carried out as part of the Pick-Sloan Missouri River Basin program.
FUND.
(a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund'' (referred to in this section as the ``Fund''). (b) Funding.--For the fiscal year during which this Act is enacted and each fiscal year thereafter until the aggregate amount deposited in the Fund under this subsection is equal to at least $108,000,000, the Secretary of the Treasury shall deposit $10,000,000 in the Fund. (c) Investments.--The Secretary of the Treasury shall invest the amounts deposited under subsection (b) only in interest-bearing obligations of the United States or in obligations guaranteed by the United States as to both principal and interest. (d) Payments.-- (1) In general.--All amounts credited as interest under subsection (c) shall be available, without fiscal year limitation, to the State of South Dakota for use in accordance with paragraph (3) after the Fund has been fully capitalized. (2) Withdrawal and transfer of funds.--Subject to section 802(a)(4)(A), the Secretary of the Treasury shall withdraw amounts credited as interest under paragraph (1) and transfer the amounts to the State of South Dakota for use as State funds in accordance with paragraph (3) after the Fund has been fully capitalized. (3) Use of transferred funds.-- (A) In general.--Subject to subparagraph (B), the State of South Dakota shall use the amounts transferred under paragraph (2) only to-- (i) fully fund the annually scheduled work described in the terrestrial wildlife habitat restoration plan of the State developed under section 802(a); and (ii) with any remaining funds-- (I) protect archaeological, historical, and cultural sites located along the Missouri River on land transferred to the State; (II) fund all costs associated with the ownership, management, operation, administration, maintenance, and development of recreation areas and other lands that are transferred to the State of South Dakota by the Secretary; (III) purchase and administer wildlife habitat leases under section 802(b); (IV) carry out other activities described in section 802; and (V) develop and maintain public access to, and protect, wildlife habitat and recreation areas along the Missouri River. (B) Prohibition.--The amounts transferred under paragraph (2) shall not be used for the purchase of land in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection (d), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be appropriated to the Secretary of the Treasury such sums as are necessary to pay the administrative expenses of the Fund.
TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.
(a) Establishment.--There are established in the Treasury of the United States 2 funds to be known as the ``Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each of which is referred to in this section as a ``Fund''). (b) Funding.-- (1) In general.--Subject to paragraph (2), for the fiscal year during which this Act is enacted and each fiscal year thereafter until the aggregate amount deposited in the Funds under this subsection is equal to at least $57,400,000, the Secretary of the Treasury shall deposit $5,000,000 in the Funds. (2) Allocation.--Of the total amount of funds deposited into the Funds for a fiscal year, the Secretary of the Treasury shall deposit-- (A) 74 percent of the funds into the Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration Trust Fund; and (B) 26 percent of the funds into the Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund.
(c) Investments.--The Secretary of the Treasury shall invest the amounts deposited under subsection (b) only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (d) Payments.-- (1) In general.--All amounts credited as interest under subsection (c) shall be available after the Trust Funds are fully capitalized, without fiscal year limitation, to the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for their use in accordance with paragraph (3). (2) Withdrawal and transfer of funds.--Subject to section 802(a)(4)(B), the Secretary of the Treasury shall withdraw amounts credited as interest under paragraph (1) and transfer the amounts to the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for use in accordance with paragraph (3). (3) Use of transferred funds.-- (A) In general.--Subject to subparagraph (B), the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall use the amounts transferred under paragraph (2) only to-- (i) fully fund the annually scheduled work described in the terrestrial wildlife habitat restoration plan of the respective Tribe developed under section 802(a); and (ii) with any remaining funds-- (I) protect archaeological, historical, and cultural sites located along the Missouri River on land transferred to the respective Tribe; (II) fund all costs associated with the ownership, management, operation, administration,
maintenance, and development of recreation areas and other lands that are transferred to the respective Tribe by the Secretary; (III) purchase and administer wildlife habitat leases under section 802(b); (IV) carry out other activities described in section 802; and (V) develop and maintain public access to, and protect, wildlife habitat and recreation areas along the Missouri River. (B) Prohibition.--The amounts transferred under paragraph (2) shall not be used for the purchase of land in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection (d), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). (f) Administrative Expenses.--There are authorized to be appropriated to the Secretary of the Treasury such sums as are necessary to pay the administrative expenses of the Fund.
(a) In General.-- (1) Transfer.-- (A) In general.--The Secretary shall transfer to the Department of Game, Fish and Parks of the State of South Dakota (referred to in this section as the ``Department'') the land and recreation areas described in subsections (b) and (c) for fish and wildlife purposes, or public recreation uses, in perpetuity. (B) Permits, rights-of-way, and easements.--All permits, rights-of-way, and easements granted by the Secretary to the Oglala Sioux Tribe for land on the west side of the Missouri River between the Oahe Dam and Highway 14, and all permits, rights-of-way, and easements on any other land administered by the Secretary and used by the Oglala Sioux Rural Water Supply System, are granted to the Oglala Sioux Tribe in perpetuity to be held in trust under section 3(e) of the Mni Wiconi Project Act of 1988 (102 Stat. 2568). (2) Uses.--The Department shall maintain and develop the land outside the recreation areas for fish and wildlife purposes in accordance with-- (A) fish and wildlife purposes in effect on the date of enactment of this Act; or (B) a plan developed under section 802. (3) Corps of engineers.--The transfer shall not interfere with the Corps of Engineers operation of a project under this section for an authorized purpose of the project under the Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.), or other applicable law. (4) Secretary.--The Secretary shall retain the right to inundate with water the land transferred to the Department under this section or draw down a project reservoir, as necessary to carry out an authorized purpose of a project.
(b) Land Transferred.--The land described in this subsection is land that--
(1) is located above the top of the exclusive flood pool of the Oahe, Big Bend, Fort Randall, and Gavin's Point projects of the Pick-Sloan Missouri River Basin program; (2) was acquired by the Secretary for the implementation of the Pick-Sloan Missouri River Basin program; (3) is located outside the external boundaries of a reservation of an Indian Tribe; and (4) is located within the State of South Dakota.
(c) Recreation Areas Transferred.--A recreation area described in this section includes the land and waters within a recreation area that-- (1) the Secretary determines, at the time of the transfer, is a recreation area classified for recreation use by the Corps of Engineers on the date of enactment of this Act; (2) is located outside the external boundaries of a reservation of an Indian Tribe; (3) is located within the State of South Dakota; (4) is not the recreation area known as ``Cottonwood'', ``Training Dike'', or ``Tailwaters''; and (5) is located below Gavin's Point Dam in the State of South Dakota in accordance with boundary agreements and reciprocal fishing agreements between the State of South Dakota and the State of Nebraska in effect on the date of enactment of this Act, which agreements shall continue to be honored by the State of South Dakota as the agreements apply to any land or recreation areas transferred under this title to the State of South Dakota below Gavin's Point Dam and on the waters of the Missouri River.
(d) Map.-- (1) In general.--The Secretary, in consultation with the Department, shall prepare a map of the land and recreation areas transferred under this section. (2) Land.--The map shall identify-- (A) land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and (B) dams and related structures; which shall be retained by the Secretary. (3) Availability.--The map shall be on file in the appropriate offices of the Secretary.
(e) Schedule for Transfer.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army and the Secretary of the Department shall jointly develop a schedule for transferring the land and recreation areas under this section. (2) Transfer deadline.--All land and recreation areas shall be transferred not later than 1 year after the full capitalization of the Trust Fund described in section 803.
(f) Transfer Conditions.--The land and recreation areas described in subsections (b) and (c) shall be transferred in fee title to the Department on the following conditions: (1) Responsibility for damage.--The Secretary shall not be responsible for any damage to the land caused by flooding, sloughing, erosion, or other changes to the land caused by the operation of any project of the Pick-Sloan Missouri River Basin program (except as otherwise provided by Federal law).
(2) Easements, rights-of-way, leases, and cost-sharing agreements.--The Department shall maintain all easements, rights-of-way, leases, and cost-sharing agreements that are in effect as of the date of the transfer.
(g) Hunting and Fishing.-- (1) In general.--Nothing in this title affects jurisdiction over the land and water below the exclusive flood pool of the Missouri River within the State of South Dakota, including affected Indian reservations. The State of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe shall continue in perpetuity to exercise the jurisdiction the State and Tribes possess on the date of enactment of this Act. (2) No effect on respective jurisdictions.--The Secretary may not adopt any regulation or otherwise affect the respective jurisdictions of the State of South Dakota, the Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe described in paragraph (1).
(h) Applicability of Law.--Notwithstanding any other provision of this Act, the following provisions of law shall apply to land transferred under this section: (1) The National Historic Preservation Act (16 U.S.C. 470 et seq.), including sections 106 and 304 of that Act (16 U.S.C. 470f, 470w-3). (2) The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh). (3) The Native American Graves Protection Act and Repatriation Act (25 U.S.C. 3001 et seq.), including subsections (a) and (d) of section 3 of that Act (25 U.S.C. 3003).
(a) In General.-- (1) Transfer.--The Secretary of the Army shall transfer to the Secretary of the Interior the land and recreation areas described in subsections (b) and (c). (2) Corps of engineers.--The transfer shall not interfere with the Corps of Engineers operation of a project under this section for an authorized purpose of the project under the Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.), or other applicable law. (3) Secretary of the army.--The Secretary of the Army shall retain the right to inundate with water the land transferred to the Secretary of the Interior under this section or draw down a project reservoir, as necessary to carry out an authorized purpose of a project. (4) Trust.--The Secretary of the Interior shall hold in trust for the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe the land transferred under this section that is located within the external boundaries of the reservation of the Indian Tribes.
(b) Land Transferred.--The land described in this subsection is land that-- (1) is located above the top of the exclusive flood pool of the Big Bend and Oahe projects of the Pick-Sloan Missouri River Basin program;
(2) was acquired by the Secretary of the Army for the implementation of the Pick-Sloan Missouri River Basin program; and (3) is located within the external boundaries of the reservation of the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe.
(c) Recreation Areas Transferred.--A recreation area described in this section includes the land and waters within a recreation area that-- (1) the Secretary determines, at the time of the transfer, is a recreation area classified for recreation use by the Corps of Engineers on the date of enactment of this Act; (2) is located within the external boundaries of a reservation of an Indian Tribe; and (3) is located within the State of South Dakota.
(d) Map.-- (1) In general.--The Secretary, in consultation with the governing bodies of the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, shall prepare a map of the land transferred under this section. (2) Land.--The map shall identify-- (A) land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and (B) dams and related structures; which shall be retained by the Secretary. (3) Availability.--The map shall be on file in the appropriate offices of the Secretary.
(e) Schedule for Transfer.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Chairmen of the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall jointly develop a schedule for transferring the land and recreation areas under this section. (2) Transfer deadline.--All land and recreation areas shall be transferred not later than 1 year after the full capitalization of the State and tribal Trust Fund described in section 804.
(f) Transfer Conditions.--The land and recreation areas described in subsections (b) and (c) shall be transferred to, and held in trust by, the Secretary of the Interior on the following conditions: (1) Responsibility for damage.--The Secretary shall not be responsible for any damage to the land caused by flooding, sloughing, erosion, or other changes to the land caused by the operation of any project of the Pick-Sloan Missouri River Basin program (except as otherwise provided by Federal law). (2) Hunting and fishing.--Nothing in this title affects jurisdiction over the land and waters below the exclusive flood pool and within the external boundaries of the Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe reservations. The State of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe shall continue to exercise, in perpetuity, the jurisdiction they possess on the date of enactment of this Act with regard to those lands and waters. The Secretary may not adopt any regulation or otherwise affect the respective jurisdictions of the State of South Dakota, the
Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe described in the preceding sentence. Jurisdiction over the land transferred under this section shall be the same as that over other land held in trust by the Secretary of the Interior on the Cheyenne River Sioux Tribe reservation and the Lower Brule Sioux Tribe reservation. (3) Easements, rights-of-way, leases, and cost-sharing agreements.-- (A) Maintenance.--The Secretary of the Interior shall maintain all easements, rights-of-way, leases, and cost-sharing agreements that are in effect as of the date of the transfer. (B) Payments to county.--The Secretary of the Interior shall pay any affected county 100 percent of the receipts from the easements, rights-of-way, leases, and cost-sharing agreements described in subparagraph (A).
(a) In General.--Nothing in this title diminishes or affects-- (1) any water right of an Indian Tribe; (2) any other right of an Indian Tribe, except as specifically provided in another provision of this title; (3) any treaty right that is in effect on the date of enactment of this Act; (4) any external boundary of an Indian reservation of an Indian Tribe; (5) any authority of the State of South Dakota that relates to the protection, regulation, or management of fish, terrestrial wildlife, and cultural and archaeological resources, except as specifically provided in this title; or (6) any authority of the Secretary, the Secretary of the Interior, or the head of any other Federal agency under a law in effect on the date of enactment of this Act, including-- (A) the National Historic Preservation Act (16 U.S.C. 470 et seq.); (B) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); (C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.); (D) the Act entitled ``An Act for the protection of the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 et seq.); (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); (F) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (G) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (H) the Federal Water Pollution Control Act (commonly known as the ``Clean Water Act'') (33 U.S.C. 1251 et seq.); (I) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (J) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves the Federal Government of liability for damage to private land caused by the operation of the Pick-Sloan Missouri River Basin program.
(c) Flood Control.--Notwithstanding any other provision of this title, the Secretary shall retain the authority to operate the Pick- Sloan Missouri River Basin program for purposes of meeting the requirements of the Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.).
(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.
(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
This title may be cited as the ``Office of National Drug Control Policy Reauthorization Act of 1998''.
In this title: (1) Demand reduction.--The term ``demand reduction'' means any activity conducted by a National Drug Control Program agency, other than an enforcement activity, that is intended to reduce the use of drugs, including-- (A) drug abuse education; (B) drug abuse prevention; (C) drug abuse treatment; (D) drug abuse research; (E) drug abuse rehabilitation; (F) drug-free workplace programs; and (G) drug testing. (2) Director.--The term ``Director'' means the Director of National Drug Control Policy.
(3) Drug.--The term ``drug'' has the meaning given the term ``controlled substance'' in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). (4) Drug control.--The term ``drug control'' means any activity conducted by a National Drug Control Program agency involving supply reduction or demand reduction. (5) Fund.--The term ``Fund'' means the fund established under section 703(d). (6) National drug control program.--The term ``National Drug Control Program'' means programs, policies, and activities undertaken by National Drug Control Program agencies pursuant to the responsibilities of such agencies under the National Drug Control Strategy. (7) National drug control program agency.--The term ``National Drug Control Program agency'' means any agency that is responsible for implementing any aspect of the National Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives funds for drug control activity solely under the National Foreign Intelligence Program, the Joint Military Intelligence Program or Tactical Intelligence and Related Activities, unless such agency has been designated-- (A) by the President; or (B) jointly by the Director and the head of the agency. (8) National drug control strategy.--The term ``National Drug Control Strategy'' means the strategy developed and submitted to Congress under section 706. (9) Office.--Unless the context clearly implicates otherwise, the term ``Office'' means the Office of National Drug Control Policy established under section 703(a). (10) State and local affairs.--The term ``State and local affairs'' means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of drugs, including-- (A) coordination and facilitation of Federal, State, and local law enforcement drug control efforts; (B) promotion of coordination and cooperation among the drug supply reduction and demand reduction agencies of the various States, territories, and units of local government; and (C) such other cooperative governmental activities which promote a comprehensive approach to drug control at the national, State, territory, and local levels. (11) Supply reduction.--The term ``supply reduction'' means any activity of a program conducted by a National Drug Control Program agency that is intended to reduce the availability or use of drugs in the United States and abroad, including-- (A) international drug control; (B) foreign and domestic drug intelligence; (C) interdiction; and (D) domestic drug law enforcement, including law enforcement directed at drug users.
(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.
DEPUTY DIRECTORS.
(a) Appointment.-- (1) In general.--The Director, the Deputy Director of National Drug Control Policy, the Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs, shall each be appointed by the President, by and with the advice and consent
of the Senate, and shall serve at the pleasure of the President. In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment. (2) Duties of deputy director of national drug control policy.--The Deputy Director of National Drug Control Policy shall-- (A) carry out the duties and powers prescribed by the Director; and (B) serve as the Director in the absence of the Director or during any period in which the office of the Director is vacant. (3) Designation of other officers.--In the absence of the Deputy Director, or if the Office of the Deputy Director is vacant, the Director shall designate such other permanent employee of the Office to serve as the Director, if the Director is absent or unable to serve. (4) Prohibition.--No person shall serve as Director or a Deputy Director while serving in any other position in the Federal Government. (5) Prohibition on political campaigning.--Any officer or employee of the Office who is appointed to that position by the President, by and with the advice and consent of the Senate, may not participate in Federal election campaign activities, except that such official is not prohibited by this paragraph from making contributions to individual candidates.
(b) Responsibilities.--The Director-- (1) shall assist the President in the establishment of policies, goals, objectives, and priorities for the National Drug Control Program; (2) shall promulgate the National Drug Control Strategy under section 706(a) and each report under section 706(b) in accordance with section 706; (3) shall coordinate and oversee the implementation by the National Drug Control Program agencies of the policies, goals, objectives, and priorities established under paragraph (1) and the fulfillment of the responsibilities of such agencies under the National Drug Control Strategy and make recommendations to National Drug Control Program agency heads with respect to implementation of Federal counter-drug programs; (4) shall make such recommendations to the President as the Director determines are appropriate regarding changes in the organization, management, and budgets of Federal departments and agencies engaged in drug enforcement, and changes in the allocation of personnel to and within those departments and agencies, to implement the policies, goals, priorities, and objectives established under paragraph (1) and the National Drug Control Strategy; (5) shall consult with and assist State and local governments with respect to the formulation and implementation of National Drug Control Policy and their relations with the National Drug Control Program agencies;
(6) shall appear before duly constituted committees and subcommittees of the House of Representatives and of the Senate to represent the drug policies of the executive branch; (7) shall notify any National Drug Control Program agency if its policies are not in compliance with the responsibilities of the agency under the National Drug Control Strategy, transmit a copy of each such notification to the President, and maintain a copy of each such notification; (8) shall provide, by July 1 of each year, budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President under the National Drug Control Strategy, to the heads of departments and agencies with responsibilities under the National Drug Control Program, which recommendations shall-- (A) apply to the next budget year scheduled for formulation under the Budget and Accounting Act of 1921, and each of the 4 subsequent fiscal years; and (B) address funding priorities developed in the National Drug Control Strategy; (9) may serve as representative of the President in appearing before Congress on all issues relating to the National Drug Control Program; (10) shall, in any matter affecting national security interests, work in conjunction with the Assistant to the President for National Security Affairs; (11) may serve as spokesperson of the Administration on drug issues; (12) shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that-- (A) is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and (B) has not been approved for use for medical purposes by the Food and Drug Administration; (13) shall require each National Drug Control Program agency to submit to the Director on an annual basis (beginning in 1999) an evaluation of progress by the agency with respect to drug control program goals using the performance measures for the agency developed under section 706(c), including progress with respect to-- (A) success in reducing domestic and foreign sources of illegal drugs; (B) success in protecting the borders of the United States (and in particular the Southwestern border of the United States) from penetration by illegal narcotics; (C) success in reducing violent crime associated with drug use in the United States; (D) success in reducing the negative health and social consequences of drug use in the United States; and (E) implementation of drug treatment and prevention programs in the United States and improvements in the adequacy and effectiveness of such programs;
(14) shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of-- (A) each of the evaluations received by the Director under paragraph (13); and (B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 706(c); and (15) shall ensure that drug prevention and drug treatment research and information is effectively disseminated by National Drug Control Program agencies to State and local governments and nongovernmental entities involved in demand reduction by-- (A) encouraging formal consultation between any such agency that conducts or sponsors research, and any such agency that disseminates information in developing research and information product development agendas; (B) encouraging such agencies (as appropriate) to develop and implement dissemination plans that specifically target State and local governments and nongovernmental entities involved in demand reduction; and (C) developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction.
(c) National Drug Control Program Budget.-- (1) Responsibilities of national drug control program agencies.-- (A) In general.--For each fiscal year, the head of each department, agency, or program of the Federal Government with responsibilities under the National Drug Control Program Strategy shall transmit to the Director a copy of the proposed drug control budget request of the department, agency, or program at the same time as that budget request is submitted to their superiors (and before submission to the Office of Management and Budget) in the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. (B) Submission of drug control budget requests.--The head of each National Drug Control Program agency shall ensure timely development and submission to the Director of each proposed drug control budget request transmitted pursuant to this paragraph, in such format as may be designated by the Director with the concurrence of the Director of the Office of Management and Budget. (2) National drug control program budget proposal.--For each fiscal year, following the transmission of proposed drug control budget requests to the Director under paragraph (1), the Director shall, in consultation with the head of each National Drug Control Program agency-- (A) develop a consolidated National Drug Control Program budget proposal designed to implement the National Drug Control Strategy;
(B) submit the consolidated budget proposal to the President; and (C) after submission under subparagraph (B), submit the consolidated budget proposal to Congress. (3) Review and certification of budget requests and budget submissions of national drug control program agencies.-- (A) In general.--The Director shall review each drug control budget request submitted to the Director under paragraph (1). (B) Review of budget requests.-- (i) Inadequate requests.--If the Director concludes that a budget request submitted under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written description of funding levels and specific initiatives that would, in the determination of the Director, make the request adequate to implement those objectives. (ii) Adequate requests.--If the Director concludes that a budget request submitted under paragraph (1) is adequate to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written statement confirming the adequacy of the request. (iii) Record.--The Director shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii). (C) Agency response.-- (i) In general.--The head of a National Drug Control Program agency that receives a description under subparagraph (B)(i) shall include the funding levels and initiatives described by the Director in the budget submission for that agency to the Office of Management and Budget. (ii) Impact statement.--The head of a National Drug Control Program agency that has altered its budget submission under this subparagraph shall include as an appendix to the budget submission for that agency to the Office of Management and Budget an impact statement that summarizes-- (I) the changes made to the budget under this subparagraph; and (II) the impact of those changes on the ability of that agency to perform its other responsibilities, including any impact on specific missions or programs of the agency. (iii) Congressional notification.--The head of a National Drug Control Program agency shall submit a copy of any impact statement under clause (ii) to the Senate and the House of Representatives at the
time the budget for that agency is submitted to Congress under section 1105(a) of title 31, United States Code. (D) Certification of budget submissions.-- (i) In general.--At the time a National Drug Control Program agency submits its budget request to the Office of Management and Budget, the head of the National Drug Control Program agency shall submit a copy of the budget request to the Director. (ii) Certification.--The Director-- (I) shall review each budget submission submitted under clause (i); and (II) based on the review under subclause (I), if the Director concludes that the budget submission of a National Drug Control Program agency does not include the funding levels and initiatives described under subparagraph (B)-- (aa) may issue a written decertification of that agency's budget; and (bb) in the case of a decertification issued under item (aa), shall submit to the Senate and the House of Representatives a copy of--
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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
compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of title 5, United States Code; (5) accept and use gifts and donations of property from Federal, State, and local government agencies, and from the private sector, as authorized in section 703(d); (6) use the mails in the same manner as any other department or agency of the executive branch; (7) monitor implementation of the National Drug Control Program, including-- (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations; (8) transfer funds made available to a National Drug Control Program agency for National Drug Control Strategy programs and activities to another account within such agency or to another National Drug Control Program agency for National Drug Control Strategy programs and activities, except that-- (A) the authority under this paragraph may be limited in an annual appropriations Act or other provision of Federal law; (B) the Director may exercise the authority under this paragraph only with the concurrence of the head of each affected agency; (C) in the case of an interagency transfer, the total amount of transfers under this paragraph may not exceed 3 percent of the total amount of funds made available for National Drug Control Strategy programs and activities to the agency from which those funds are to be transferred; (D) funds transferred to an agency under this paragraph may only be used to increase the funding for programs or activities have been authorized by Congress; and (E) the Director shall-- (i) submit to Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office, and any other applicable committees of jurisdiction, a reprogramming or transfer request in advance of any transfer under this paragraph in accordance with the regulations of the affected agency or agencies; and (ii) annually submit to Congress a report describing the effect of all transfers of funds made pursuant to this paragraph or subsection (c)(4) during the 12-month period preceding the date on which the report is submitted; (9) issue to the head of a National Drug Control Program agency a fund control notice described in subsection (f) to ensure compliance with the National Drug Control Program Strategy; and (10) participate in the drug certification process pursuant to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j).
(e) Personnel Detailed to Office.--
(1) Evaluations.--Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under such chapter for any rating period, or part thereof, that such employee is detailed to such office. (2) Compensation.-- (A) Bonus payments.--Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) Restrictions.--An amount paid under this paragraph to an employee for any period-- (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and (ii) shall be in addition to the basic pay of such employee. (C) Aggregate amount.--The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule. (3) Maximum number of detailees.--The maximum number of personnel who may be detailed to another department or agency (including the Office) under subsection (d)(2) during any fiscal year is-- (A) for the Department of Defense, 50; and (B) for any other department or agency, 10.
(f) Fund Control Notices.-- (1) In general.--A fund control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by-- (A) months, fiscal year quarters, or other time periods; and (B) activities, functions, projects, or object classes. (2) Unauthorized obligation or expenditure prohibited.--An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or obligation contrary to a fund control notice issued by the Director. (3) Disciplinary action for violation.--In the case of a violation of paragraph (2) by an officer or employee of a National Drug Control Program agency, the head of the agency, upon the request of and in consultation with the Director, may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office.
(g) Inapplicability to Certain Programs.--The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency.
(h) Construction.--Nothing in this Act shall be construed as derogating the authorities and responsibilities of the Director of Central Intelligence contained in sections 104 and 504 of the National Security Act of 1947 or any other law.
PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND LOCAL AFFAIRS.
(a) Access to Information.-- (1) In general.--Upon the request of the Director, the head of any National Drug Control Program agency shall cooperate with and provide to the Director any statistics, studies, reports, and other information prepared or collected by the agency concerning the responsibilities of the agency under the National Drug Control Strategy that relate to-- (A) drug abuse control; or (B) the manner in which amounts made available to that agency for drug control are being used by that agency. (2) Protection of intelligence information.-- (A) In general.--The authorities conferred on the Office and the Director by this title shall be exercised in a manner consistent with provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.). The Director of Central Intelligence shall prescribe such regulations as may be necessary to protect information provided pursuant to this title regarding intelligence sources and methods. (B) Duties of director.--The Director of Central Intelligence shall, to the maximum extent practicable in accordance with subparagraph (A), render full assistance and support to the Office and the Director. (3) Illegal drug cultivation.--The Secretary of Agriculture shall annually submit to the Director an assessment of the acreage of illegal drug cultivation in the United States.
(b) Certification of Policy Changes to Director.-- (1) In general.--Subject to paragraph (2), the head of a National Drug Control Program agency shall, unless exigent circumstances require otherwise, notify the Director in writing regarding any proposed change in policies relating to the activities of that agency under the National Drug Control Program prior to implementation of such change. The Director shall promptly review such proposed change and certify to the head of that agency in writing whether such change is consistent with the National Drug Control Strategy. (2) Exception.--If prior notice of a proposed change under paragraph (1) is not practicable-- (A) the head of the National Drug Control Program agency shall notify the Director of the proposed change as soon as practicable; and (B) upon such notification, the Director shall review the change and certify to the head of that agency in writing whether the change is consistent with the National Drug Control Program.
(c) General Services Administration.--The Administrator of General Services shall provide to the Director, in a reimbursable basis, such administrative support services as the Director may request. (d) Accounting of Funds Expended.--The Director shall--
(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).
IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY.
(a) Timing, Contents, and Process for Development and Submission of National Drug Control Strategy.-- (1) Timing.--Not later than February 1, 1999, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan, covering a period of not more than 5 years, for reducing drug abuse and the consequences of drug abuse in the United States, by limiting the availability of and reducing the demand for illegal drugs. (2) Contents.-- (A) In general.--The National Drug Control Strategy submitted under paragraph (1) shall include-- (i) comprehensive, research-based, long-range, quantifiable, goals for reducing drug abuse and the consequences of drug abuse in the United States; (ii) annual, quantifiable, and measurable objectives and specific targets to accomplish long-term quantifiable goals that the Director determines may be achieved during each year of the period beginning on the date on which the National Drug Control Strategy is submitted; (iii) 5-year projections for program and budget priorities; and (iv) a review of international, State, local, and private sector drug control activities to ensure that the United States pursues well- coordinated and effective drug control at all levels of government. (B) Classified information.--Any contents of the National Drug Control Strategy that involves information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy. (3) Process for development and submission.-- (A) Consultation.--In developing and effectively implementing the National Drug Control Strategy, the Director-- (i) shall consult with-- (I) the heads of the National Drug Control Program agencies; (II) Congress; (III) State and local officials; (IV) private citizens and organizations with experience and expertise in demand reduction; (V) private citizens and organizations with experience and expertise in supply reduction; and
(VI) appropriate representatives of foreign governments; (ii) with the concurrence of the Attorney General, may require the El Paso Intelligence Center to undertake specific tasks or projects to implement the National Drug Control Strategy; and (iii) with the concurrence of the Director of Central Intelligence and the Attorney General, may request that the National Drug Intelligence Center undertake specific tasks or projects to implement the National Drug Control Strategy. (B) Inclusion in strategy.--The National Drug Control Strategy under this subsection, and each report submitted under subsection (b), shall include a list of each entity consulted under subparagraph (A)(i). (4) Specific targets.--The targets in the National Drug Control Strategy shall include the following: (A) Reduction of unlawful drug use to 3 percent of the population of the United States or less by December 31, 2003 (as measured in terms of overall illicit drug use during the past 30 days by the National Household Survey), and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003. (B) Reduction of adolescent unlawful drug use (as measured in terms of illicit drug use during the past 30 days by the Monitoring the Future Survey of the University of Michigan or the National PRIDE Survey conducted by the National Parents' Resource Institute for Drug Education) to 3 percent of the adolescent population of the United States or less by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003. (C) Reduction of the availability of cocaine, heroin, marijuana, and methamphetamine in the United States by 80 percent by December 31, 2003. (D) Reduction of the respective nationwide average street purity levels for cocaine, heroin, marijuana, and methamphetamine (as estimated by the interagency drug flows assessment led by the Office of National Drug Control Policy, and based on statistics collected by the Drug Enforcement Administration and other National Drug Control Program agencies identified as relevant by the Director) by 60 percent by December 31, 2003, and achievement of at least 20 percent of each such reduction during each of 1999, 2000, 2001, 2002, and 2003. (E) Reduction of drug-related crime in the United States by 50 percent by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003, including-- (i) reduction of State and Federal unlawful drug trafficking and distribution; (ii) reduction of State and Federal crimes committed by persons under the influence of unlawful drugs; (iii) reduction of State and Federal crimes committed for the purpose of obtaining unlawful drugs or obtaining property that is intended to be used for the purchase of unlawful drugs; and
(iv) reduction of drug-related emergency room incidents in the United States (as measured by data of the Drug Abuse Warning Network on illicit drug abuse), including incidents involving gunshot wounds and automobile accidents in which illicit drugs are identified in the bloodstream of the victim, by 50 percent by December 31, 2003. (5) Further reductions in drug use, availability, and crime.--Following the submission of a National Drug Control Strategy under this section to achieve the specific targets described in paragraph (4), the Director may formulate a strategy for additional reductions in drug use and availability and drug-related crime beyond the 5-year period covered by the National Drug Control Strategy that has been submitted.
(b) Annual Strategy Report.-- (1) In general.--Not later than February 1, 1999, and on February 1 of each year thereafter, the President shall submit to Congress a report on the progress in implementing the Strategy under subsection (a), which shall include-- (A) an assessment of the Federal effectiveness in achieving the National Drug Control Strategy goals and objectives using the performance measurement system described in subsection (c), including-- (i) an assessment of drug use and availability in the United States; and (ii) an estimate of the effectiveness of interdiction, treatment, prevention, law enforcement, and international programs under the National Drug Control Strategy in effect during the preceding year, or in effect as of the date on which the report is submitted; (B) any modifications of the National Drug Control Strategy or the performance measurement system described in subsection (c); (C) an assessment of the manner in which the budget proposal submitted under section 704(c) is intended to implement the National Drug Control Strategy and whether the funding levels contained in such proposal are sufficient to implement such Strategy; (D) measurable data evaluating the success or failure in achieving the annual measurable objectives described in subsection (a)(2)(A)(ii); (E) an assessment of current drug use (including inhalants) and availability, impact of drug use, and treatment availability, which assessment shall include-- (i) estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of-- (I) casual and chronic drug use; (II) high-risk populations, including school dropouts, the homeless and transient, arrestees, parolees, probationers, and juvenile delinquents; and (III) drug use in the workplace and the productivity lost by such use; (ii) an assessment of the reduction of drug availability against an ascertained baseline, as measured by--
(I) the quantities of cocaine, heroin, marijuana, methamphetamine, and other drugs available for consumption in the United States; (II) the amount of marijuana, cocaine, heroin, and precursor chemicals entering the United States; (III) the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries; (IV) the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized; (V) the number of cocaine and methamphetamine processing laboratories destroyed domestically and in other countries; (VI) changes in the price and purity of heroin and cocaine, changes in the price of methamphetamine, and changes in tetrahydrocannabinol level of marijuana; (VII) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and (VIII) the effectiveness of Federal technology programs at improving drug detection capabilities in interdiction, and at United States ports of entry; (iii) an assessment of the reduction of the consequences of drug use and availability, which shall include estimation of-- (I) the burden drug users placed on hospital emergency departments in the United States, such as the quantity of drug-related services provided; (II) the annual national health care costs of drug use, including costs associated with people becoming infected with the human immunodeficiency virus and other infectious diseases as a result of drug use; (III) the extent of drug-related crime and criminal activity; and (IV) the contribution of drugs to the underground economy, as measured by the retail value of drugs sold in the United States; (iv) a determination of the status of drug treatment in the United States, by assessing-- (I) public and private treatment capacity within each State, including information on the treatment capacity available in relation to the capacity actually used; (II) the extent, within each State, to which treatment is available; (III) the number of drug users the Director estimates could benefit from treatment; and (IV) the specific factors that restrict the availability of treatment services to those seeking it and proposed administrative or legislative remedies to make treatment available to those individuals; and
(v) a review of the research agenda of the Counter-Drug Technology Assessment Center to reduce the availability and abuse of drugs; and (F) an assessment of private sector initiatives and cooperative efforts between the Federal Government and State and local governments for drug control. (2) Submission of revised strategy.--The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section-- (A) at any time, upon a determination by the President, in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; and (B) if a new President or Director takes office. (3) 1999 strategy report.--With respect to the Strategy report required to be submitted by this subsection on February 1, 1999, the President shall prepare the report using such information as is available for the period covered by the report.
(c) Performance Measurement System.-- (1) Sense of congress.--It is the sense of Congress that-- (A) the targets described in subsection (a) are important to the reduction of overall drug use in the United States; (B) the President should seek to achieve those targets during the 5 years covered by the National Drug Control Strategy required to be submitted under subsection (a); (C) the purpose of such targets and the annual reports to Congress on the progress towards achieving the targets is to allow for the annual restructuring of appropriations by the Appropriations Committees and authorizing committees of jurisdiction of Congress to meet the goals described in this Act; (D) the performance measurement system developed by the Director described in this subsection is central to the National Drug Control Program targets, programs, and budget; (E) the Congress strongly endorses the performance measurement system for establishing clear outcomes for reducing drug use nationwide during the next five years, and the linkage of this system to all agency drug control programs and budgets receiving funds scored as drug control agency funding. (2) Submission to congress.--Not later than February 1, 1999, the Director shall submit to Congress a description of the national drug control performance measurement system, designed in consultation with affected National Drug Control Program agencies, that-- (A) develops performance objectives, measures, and targets for each National Drug Control Strategy goal and objective; (B) revises performance objectives, measures, and targets, to conform with National Drug Control Program Agency budgets; (C) identifies major programs and activities of the National Drug Control Program agencies that support the goals and objectives of the National Drug Control Strategy;
(D) evaluates in detail the implementation by each National Drug Control Program agency of program activities supporting the National Drug Control Strategy; (E) monitors consistency between the drug-related goals and objectives of the National Drug Control Program agencies and ensures that drug control agency goals and budgets support and are fully consistent with the National Drug Control Strategy; and (F) coordinates the development and implementation of national drug control data collection and reporting systems to support policy formulation and performance measurement, including an assessment of-- (i) the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities; (ii) the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug user population and groups that are at risk for drug use; and (iii) the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B) of subsection (b)(4). (3) Modifications.--A description of any modifications made during the preceding year to the national drug control performance measurement system described in paragraph (2) shall be included in each report submitted under subsection (b).
PROGRAM.
(a) Establishment.--There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas Program. (b) Designation.--The Director, upon consultation with the Attorney General, the Secretary of the Treasury, heads of the National Drug Control Program agencies, and the Governor of each applicable State, may designate any specified area of the United States as a high intensity drug trafficking area. After making such a designation and in order to provide Federal assistance to the area so designated, the Director may-- (1) obligate such sums as appropriated for the High Intensity Drug Trafficking Areas Program; (2) direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head of the department or agency that employs such personnel; (3) take any other action authorized under section 704 to provide increased Federal assistance to those areas; (4) coordinate activities under this subsection (specifically administrative, recordkeeping, and funds management activities) with State and local officials.
(c) Factors for Consideration.--In considering whether to designate an area under this section as a high intensity drug trafficking area, the Director shall consider, in addition to such other criteria as the Director considers to be appropriate, the extent to which-- (1) the area is a center of illegal drug production, manufacturing, importation, or distribution;
(2) State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem; (3) drug-related activities in the area are having a harmful impact in other areas of the country; and (4) a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area.
(d) Use of Funds.--The Director shall ensure that no Federal funds appropriated for the High Intensity Drug Trafficking Program are expended for the establishment or expansion of drug treatment programs.
CENTER.
(a) Establishment.--There is established within the Office the Counter-Drug Technology Assessment Center (referred to in this section as the ``Center''). The Center shall operate under the authority of the Director of National Drug Control Policy and shall serve as the central counter-drug technology research and development organization of the United States Government. (b) Director of Technology.--There shall be at the head of the Center the Director of Technology, who shall be appointed by the Director of National Drug Control Policy from among individuals qualified and distinguished in the area of science, medicine, engineering, or technology. (c) Additional Responsibilities of the Director of National Drug Control Policy.-- (1) In general.--The Director, acting through the Director of Technology shall-- (A) identify and define the short-, medium-, and long-term scientific and technological needs of Federal, State, and local drug supply reduction agencies, including-- (i) advanced surveillance, tracking, and radar imaging; (ii) electronic support measures; (iii) communications; (iv) data fusion, advanced computer systems, and artificial intelligence; and (v) chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection; (B) identify demand reduction basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including-- (i) improving treatment through neuroscientific advances; (ii) improving the transfer of biomedical research to the clinical setting; and (iii) in consultation with the National Institute on Drug Abuse, and through interagency agreements or grants, examining addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment; (C) make a priority ranking of such needs identified in subparagraphs (A) and (B) according to fiscal and
technological feasibility, as part of a National Counter-Drug Enforcement Research and Development Program; (D) oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian and military departments; (E) provide support to the development and implementation of the national drug control performance measurement system; and (F) pursuant to the authority of the Director of National Drug Control Policy under section 704, submit requests to Congress for the reprogramming or transfer of funds appropriated for counter-drug technology research and development. (2) Limitation on authority.--The authority granted to the Director under this subsection shall not extend to the award of contracts, management of individual projects, or other operational activities.
(d) Assistance and Support to Office of National Drug Control Policy.--The Secretary of Defense and the Secretary of Health and Human Services shall, to the maximum extent practicable, render assistance and support to the Office and to the Director in the conduct of counter-drug technology assessment.
NARCOTICS.
(a) Establishment.--There is established a council to be known as the President's Council on Counter-Narcotics (referred to in this section as the ``Council''). (b) Membership.-- (1) In general.--Subject to paragraph (2), the Council shall be composed of 18 members, of whom-- (A) 1 shall be the President, who shall serve as Chairman of the Council; (B) 1 shall be the Vice President; (C) 1 shall be the Secretary of State; (D) 1 shall be the Secretary of the Treasury; (E) 1 shall be the Secretary of Defense; (F) 1 shall be the Attorney General; (G) 1 shall be the Secretary of Transportation; (H) 1 shall be the Secretary of Health and Human Services; (I) 1 shall be the Secretary of Education; (J) 1 shall be the Representative of the United States of America to the United Nations; (K) 1 shall be the Director of the Office of Management and Budget; (L) 1 shall be the Chief of Staff to the President; (M) 1 shall be the Director of the Office, who shall serve as the Executive Director of the Council; (N) 1 shall be the Director of Central Intelligence; (O) 1 shall be the Assistant to the President for National Security Affairs; (P) 1 shall be the Counsel to the President; (Q) 1 shall be the Chairman of the Joint Chiefs of Staff; and (R) 1 shall be the National Security Adviser to the Vice President.
(2) Additional members.--The President may, in the discretion of the President, appoint additional members to the Council.
(c) Functions.--The Council shall advise and assist the President in-- (1) providing direction and oversight for the national drug control strategy, including relating drug control policy to other national security interests and establishing priorities; and (2) ensuring coordination among departments and agencies of the Federal Government concerning implementation of the National Drug Control Strategy.
(d) Administration.-- (1) In general.--The Council may utilize established or ad hoc committees, task forces, or interagency groups chaired by the Director (or a representative of the Director) in carrying out the functions of the Council under this section. (2) Staff.--The staff of the Office, in coordination with the staffs of the Vice President and the Assistant to the President for National Security Affairs, shall act as staff for the Council. (3) Cooperation from other agencies.--Each department and agency of the executive branch shall-- (A) cooperate with the Council in carrying out the functions of the Council under this section; and (B) provide such assistance, information, and advice as the Council may request, to the extent permitted by law.
ABUSE.
(a) In General.-- (1) Establishment.--There is established a Council to be known as the Parents Advisory Council on Youth Drug Abuse (referred to in this section as the ``Council''). (2) Membership.-- (A) Composition.--The Council shall be composed of 16 members, of whom-- (i) 4 shall be appointed by the President, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; (ii) 4 shall be appointed by the Majority Leader of the Senate, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; (iii) 2 shall be appointed by the Minority Leader of the Senate, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; (iv) 4 shall be appointed by the Speaker of the House of Representatives, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; and
(v) 2 shall be appointed by the Minority Leader of the House of Representatives, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made. (B) Requirements.-- (i) In general.--Each member of the Council shall be an individual from the private sector with a demonstrated interest and expertise in research, education, treatment, or prevention activities related to youth drug abuse. (ii) Representatives of nonprofit organizations.--Not less than 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be a representative of a nonprofit organization focused on involving parents in antidrug education and prevention. (C) Date.--The appointments of the initial members of the Council shall be made not later than 60 days after the date of enactment of this section. (D) Executive director.--The Director shall appoint the Executive Director of the Council, who shall be an employee of the Office of National Drug Control Policy. (3) Period of appointment; vacancies.-- (A) Period of appointment.--Each member of the Council shall be appointed for a term of 3 years, except that, of the initial members of the Council-- (i) 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be appointed for a term of 1 year; and (ii) 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be appointed for a term of 2 years. (B) Vacancies.--Any vacancy in the Council shall not affect its powers, provided that a quorum is present, but shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (C) Appointment of successor.--To the extent necessary to prevent a vacancy in the membership of the Council, a member of the Council may serve for not more than 6 months after the expiration of the term of that member, if the successor of that member has not been appointed. (4) Initial meeting.--Not later than 120 days after the date on which all initial members of the Council have been appointed, the Council shall hold its first meeting. (5) Meetings.--The Council shall meet at the call of the Chairperson. (6) Quorum.--Nine members of the Council shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.-- (A) In general.--The members of the Council shall select a Chairperson and Vice Chairperson from among the members of the Council.
(B) Duties of chairperson.--The Chairperson of the Council shall assign committee duties relating to the Council and direct the Executive Director to convene hearings and conduct other necessary business of the Council. (C) Duties of vice chairperson.--If the Chairperson of the Council is unable to serve, the Vice Chairperson shall serve as the Chairperson.
(b) Duties of the Council.-- (1) In general.--The Council-- (A) shall advise the Director on drug prevention, education, and treatment and assist the Deputy Director of Demand Reduction in the responsibilities for the coordination of the demand reduction programs of the Federal Government and the analysis and consideration of prevention and treatment alternatives; and (B) may issue reports and recommendations on drug prevention, education, and treatment, in addition to the reports detailed in paragraph (2), as the Council considers appropriate. (2) Submission of reports.--Any report or recommendation issued by the Council shall be submitted to the Director and subsequently to Congress. (3) Advice on the national drug control strategy.--Not later than December 1, 1999, and on December 1 of each year thereafter, the Council shall submit to the Director an annual report containing drug control strategy recommendations on drug prevention, education, and treatment. The Director may include any recommendations submitted under this paragraph in the report submitted by the Director under section 706(b).
(c) Expenses.--The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Council such sums as may be necessary carry out this section.
(a) Definition.--In this section, the term ``Federal drug control agency'' means-- (1) the Office of National Drug Control Policy; (2) the Department of Defense; (3) the Drug Enforcement Administration; (4) the Federal Bureau of Investigation; (5) the Immigration and Naturalization Service; (6) the United States Coast Guard; (7) the United States Customs Service; and (8) any other department or agency of the Federal Government that the Director determines to be relevant.
(b) Report.--In order to assist Congress in determining the personnel, equipment, funding, and other resources that would be required by Federal drug control agencies in order to achieve a level of interdiction success at or above the highest level achieved before the date of enactment of this title, not later than 90 days
after the date of enactment of this Act, the Director shall submit to Congress and to each Federal drug control program agency a report, which shall include-- (1) with respect to the southern and western border regions of the United States (including the Pacific coast, the border with Mexico, the Gulf of Mexico coast, and other ports of entry) and in overall totals, data relating to-- (A) the amount of marijuana, heroin, methamphetamine, and cocaine-- (i) seized during the year of highest recorded seizures for each drug in each region and during the year of highest recorded overall seizures; and (ii) disrupted during the year of highest recorded disruptions for each drug in each region and during the year of highest recorded overall seizures; and (B) the number of persons arrested for violations of section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)) and related offenses during the year of the highest number of arrests on record for each region and during the year of highest recorded overall arrests; (2) the price of cocaine, heroin, methamphetamine, and marijuana during the year of highest price on record during the preceding 10-year period, adjusted for purity where possible; and (3) a description of the personnel, equipment, funding, and other resources of the Federal drug control agency devoted to drug interdiction and securing the borders of the United States against drug trafficking for each of the years identified in paragraphs (1) and (2) for each Federal drug control agency.
(c) Budget Process.-- (1) Information to director.--Based on the report submitted under subsection (b), each Federal drug control agency shall submit to the Director, at the same time as each annual drug control budget request is submitted by the Federal drug control agency to the Director under section 704(c)(1), a description of the specific personnel, equipment, funding, and other resources that would be required for the Federal drug control agency to meet or exceed the highest level of interdiction success for that agency identified in the report submitted under subsection (b). (2) Information to congress.--The Director shall include each submission under paragraph (1) in each annual consolidated National Drug Control Program budget proposal submitted by the Director to Congress under section 704(c)(2), which submission shall be accompanied by a description of any additional resources that would be required by the Federal drug control agencies to meet the highest level of interdiction success identified in the report submitted under subsection (b).
Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended-- (1) in subsection (b)-- (A) by striking ``section 524(c)(9)'' and inserting ``section 524(c)(8)''; and
(B) by striking ``section 9307(g)'' and inserting ``section 9703(g)''; and (2) in subsection (e), by striking ``strategy'' and inserting ``Strategy''.
(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.''.
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.
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
SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Western Hemisphere Drug Elimination Act''. (b) Table of Contents.--The table of contents for this title is as follows:
Sec. 801. Short title; table of contents. Sec. 802. Findings and statement of policy.
Subtitle A--Enhanced Source and Transit Country Coverage
Sec. 811. Expansion of radar coverage and operation in source and transit countries. Sec. 812. Expansion of Coast Guard drug interdiction. Sec. 813. Expansion of aircraft coverage and operation in source and transit countries.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source Countries
Sec. 821. Additional eradication resources for Colombia. Sec. 822. Additional eradication resources for Peru. Sec. 823. Additional eradication resources for Bolivia. Sec. 824. Miscellaneous additional eradication resources. Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs.
Subtitle C--Enhanced Alternative Crop Development Support in Source Zone
Sec. 831. Alternative crop development support. Sec. 832. Authorization of appropriations for Agricultural Research Service counterdrug research and development activities. Sec. 833. Master plan for herbicides to control narcotic crops. Sec. 834. Authorization of use of environmentally-approved herbicides to eliminate illicit narcotics crops.
Subtitle D--Enhanced International Law Enforcement Training
Sec. 841. Enhanced international law enforcement academy training. Sec. 842. Enhanced United States drug enforcement international training. Sec. 843. Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities.
Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment
Sec. 851. Increased funding for operations and equipment; report. Sec. 852. Funding for computer software and hardware to facilitate direct communication between drug enforcement agencies. Sec. 853. Sense of Congress regarding priority of drug interdiction and counterdrug activities.
Subtitle F--Relationship to Other Laws
Sec. 861. Authorizations of appropriations.
Subtitle G--Trafficking in Controlled Substances
Sec. 871. Short title. Sec. 872. Limitation.
(a) Findings.--Congress makes the following findings: (1) Teenage drug use in the United States has doubled since 1993. (2) The drug crisis facing the United States is a top national security threat. (3) The spread of illicit drugs through United States borders cannot be halted without an effective drug interdiction strategy. (4) Effective drug interdiction efforts have been shown to limit the availability of illicit narcotics, drive up the street price, support demand reduction efforts, and decrease overall drug trafficking and use. (5) A prerequisite for reducing youth drug use is increasing the price of drugs. To increase price substantially, at least 60 percent of drugs must be interdicted. (6) In 1987, the national drug control budget maintained a significant balance between demand and supply reduction efforts, illustrated as follows: (A) 29 percent of the total drug control budget expenditures for demand reduction programs.
(B) 38 percent of the total drug control budget expenditures for domestic law enforcement. (C) 33 percent of the total drug control budget expenditures for international drug interdiction efforts. (7) In the late 1980's and early 1990's, counternarcotic efforts were successful, specifically in protecting the borders of the United States from penetration by illegal narcotics through increased seizures by the United States Coast Guard and other agencies, including a 302 percent increase in pounds of cocaine seized between 1987 and 1991. (8) Limiting the availability of narcotics to drug traffickers in the United States had a promising effect as illustrated by the decline of illicit drug use between 1988 and 1991, through a-- (A) 13 percent reduction in total drug use; (B) 35 percent drop in cocaine use; and (C) 16 percent decrease in marijuana use. (9) In 1993, drug interdiction efforts in the transit zones were reduced due to an imbalance in the national drug control strategy. This trend has continued through 1995 as shown by the following figures: (A) 35 percent for demand reduction programs. (B) 53 percent for domestic law enforcement. (C) 12 percent for international drug interdiction efforts. (10) Supply reduction efforts became a lower priority for the Administration and the seizures by the United States Coast Guard and other agencies decreased as shown by a 68 percent decrease in the pounds of cocaine seized between 1991 and 1996. (11) Reductions in funding for comprehensive interdiction operations like OPERATION GATEWAY and OPERATION STEELWEB, initiatives that encompassed all areas of interdiction and attempted to disrupt the operating methods of drug smugglers along the entire United States border, have created unprotected United States border areas which smugglers exploit to move their product into the United States. (12) The result of this new imbalance in the national drug control strategy caused the drug situation in the United States to become a crisis with serious consequences including-- (A) doubling of drug-abuse-related arrests for minors between 1992 and 1996; (B) 70 percent increase in overall drug use among children aged 12 to 17; (C) 80 percent increase in drug use for graduating seniors since 1992; (D) a sharp drop in the price of 1 pure gram of heroin from $1,647 in 1992 to $966 in February 1996; and (E) a reduction in the street price of 1 gram of cocaine from $123 to $104 between 1993 and 1994. (13) The percentage change in drug use since 1992, among graduating high school students who used drugs in the past 12 months, has substantially increased--marijuana use is up 80 percent, cocaine use is up 80 percent, and heroin use is up 100 percent. (14) The Department of Defense has been called upon to support counter-drug efforts of Federal law enforcement
agencies that are carried out in source countries and through transit zone interdiction, but in recent years Department of Defense assets critical to those counter-drug activities have been consistently diverted to missions that the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider a higher priority. (15) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff, through the Department of Defense policy referred to as the Global Military Force Policy, has established the priorities for the allocation of military assets in the following order: (1) war; (2) military operations other than war that might involve contact with hostile forces (such as peacekeeping operations and noncombatant evacuations); (3) exercises and training; and (4) operational tasking other than those involving hostilities (including counter-drug activities and humanitarian assistance). (16) Use of Department of Defense assets is critical to the success of efforts to stem the flow of illegal drugs from source countries and through transit zones to the United States. (17) The placement of counter-drug activities in the fourth and last priority of the Global Military Force Policy list of priorities for the allocation of military assets has resulted in a serious deficiency in assets vital to the success of source country and transit zone efforts to stop the flow of illegal drugs into the United States. (18) At present the United States faces few, if any, threats from abroad greater than the threat posed to the Nation's youth by illegal and dangerous drugs. (19) The conduct of counter-drug activities has the potential for contact with hostile forces. (20) The Department of Defense counter-drug activities mission should be near the top, not among the last, of the priorities for the allocation of Department of Defense assets after the first priority for those assets for the war-fighting mission of the Department of Defense.
(b) Statement of Policy.--It is the policy of the United States to-- (1) reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries, as well support a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and (2) develop and establish comprehensive drug interdiction and drug eradication strategies, and dedicate the required resources, to achieve the goal of reducing the flow of illegal drugs into the United States by 80 percent by as early as January 1, 2003.
Subtitle A--Enhanced Source and Transit Country Coverage
TRANSIT COUNTRIES.
(a) Authorization of Appropriations.--Funds are authorized to be appropriated for the Department of the Treasury for fiscal
years 1999, 2000, and 2001 for the enhancement of radar coverage in drug source and transit countries in the total amount of $14,300,000 which shall be available for the following purposes: (1) For restoration of radar, and operation and maintenance of radar, in the Bahamas. (2) For operation and maintenance of ground-based radar at Guantanamo Bay Naval Base, Cuba.
(b) Report.--Not later than January 31, 1999, the Secretary of Defense, in conjunction with the Director of Central Intelligence, shall submit to the Committee on National Security, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate a report examining the options available to the United States for improving Relocatable Over the Horizon (ROTHR) capability to provide enhanced radar coverage of narcotics source zone countries in South America and transit zones in the Eastern Pacific. The report shall include-- (1) a discussion of the need and costs associated with the establishment of a proposed fourth ROTHR site located in the source or transit zones; and (2) an assessment of the intelligence specific issues raised if such a ROTHR facility were to be established in conjunction with a foreign government.
(a) Operating Expenses.--For operating expenses of the Coast Guard associated with expansion of drug interdiction activities around Puerto Rico, the United States Virgin Islands, and other transit zone areas of operation, there is authorized to be appropriated to the Secretary of Transportation $151,500,000 for each of fiscal years 1999, 2000, and 2001. Such amounts shall include (but are not limited to) amounts for the following: (1) For deployment of intelligent acoustic detection buoys in the Florida Straits and Bahamas. (2) For a nonlethal technology program to enhance countermeasures against the threat of transportation of drugs by so-called Go-Fast boats.
(b) Acquisition, Construction, and Improvement.-- (1) In general.--For acquisition, construction, and improvement of facilities and equipment to be used for expansion of Coast Guard drug interdiction activities, there is authorized to be appropriated to the Secretary of Transportation for fiscal year 1999 the total amount of $630,300,000 which shall be available for the following purposes: (A) For maritime patrol aircraft sensors. (B) For acquisition of deployable pursuit boats. (C) For the acquisition and construction of up to 15 United States Coast Guard Coastal Patrol Boats. (D) For-- (i) the reactivation of up to 3 United States Coast Guard HU-25 Falcon jets; (ii) the procurement of up to 3 C-37A aircraft; or (iii) the procurement of up to 3 C-20H aircraft.
(E) For acquisition of installed or deployable electronic sensors and communications systems for Coast Guard Cutters. (F) For acquisition and construction of facilities and equipment to support regional and international law enforcement training and support in Puerto Rico, the United States Virgin Islands, and the Caribbean Basin. (G) For acquisition or conversion of maritime patrol aircraft. (H) For acquisition or conversion of up to 2 vessels to be used as Coast Guard Medium or High Endurance Cutters. (I) For acquisition or conversion of up to 2 vessels to be used as Coast Guard Cutters as support, command, and control platforms for drug interdiction operations. (J) For acquisition of up to 6 Coast Guard Medium Endurance Cutters. (2) Continued availability.--Amounts appropriated under this subsection may remain available until expended.
(c) Requirement To Accept Patrol Craft From Department of Defense.-- The Secretary of Transportation shall accept, for use by the Coast Guard for expanded drug interdiction activities, 7 PC-170 patrol craft if offered by the Department of Defense.
TRANSIT COUNTRIES.
(a) Department of the Treasury.--Funds are authorized to be appropriated for the Department of the Treasury for fiscal years 1999, 2000, and 2001 for the enhancement of air coverage and operation for drug source and transit countries in the total amount of $886,500,000 which shall be available for the following purposes: (1) For procurement of 10 P-3B Early Warning aircraft for the United States Customs Service to enhance overhead air coverage of drug source zone countries. (2) For the procurement and deployment of 10 P-3B Slick airplanes for the United States Customs Service to enhance overhead air coverage of the drug source zone. (3) In fiscal years 2000 and 2001, for operation and maintenance of 10 P-3B Early Warning aircraft for the United States Customs Service to enhance overhead air coverage of drug source zone countries. (4) For personnel for the 10 P-3B Early Warning aircraft for the United States Customs Service to enhance overhead air coverage of drug source zone countries. (5) In fiscal years 2000 and 2001, for operation and maintenance of 10 P-3B Slick airplanes for the United States Customs Service to enhance overhead coverage of the drug source zone. (6) For personnel for the 10 P-3B Slick airplanes for the United States Customs Service to enhance overhead air coverage of drug source zone countries. (7) For construction and furnishing of an additional facility for the P-3B aircraft. (8) For operation and maintenance for overhead air coverage for source countries. (9) For operation and maintenance for overhead coverage for the Caribbean and Eastern Pacific regions.
(10) For purchase and for operation and maintenance of 3 RU- 38A observation aircraft (to be piloted by pilots under contract with the United States).
(b) Report.--Not later than January 31, 1999, the Secretary of Defense, in consultation with the Secretary of State and the Director of Central Intelligence, shall submit to the Committee on National Security, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives and to the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate a report examining the options available in the source and transit zones to replace Howard Air Force Base in Panama and specifying the requirements of the United States to establish an airbase or airbases for use in support of counternarcotics operations to optimize operational effectiveness in the source and transit zones. The report shall identify the following: (1) The specific requirements necessary to support the national drug control policy of the United States. (2) The estimated construction, operation, and maintenance costs for a replacement counterdrug airbase or airbases in the source and transit zones. (3) Possible interagency cost sharing arrangements for a replacement airbase or airbases. (4) Any legal or treaty-related issues regarding the replacement airbase or airbases. (5) A summary of completed alternative site surveys for the airbase or airbases.
(c) Transfer of Aircraft.--The Secretary of the Navy shall transfer to the United States Customs Service-- (1) ten currently retired and previously identified heavyweight P-3B aircraft for modification into P-3 AEW&C aircraft; and (2) ten currently retired and previously identified heavyweight P-3B aircraft for modification into P-3 Slick aircraft.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source Countries
(a) Department of State.--Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000, and 2001 for the enhancement of drug-related eradication efforts in Colombia in the total amount of $201,250,000 which shall be available for the following purposes: (1) For each such fiscal year for sustaining support of the helicopters and fixed wing fleet of the national police of Colombia. (2) For the purchase of DC-3 transport aircraft for the national police of Colombia. (3) For acquisition of resources needed for prison security in Colombia. (4) For the purchase of minigun systems for the national police of Colombia. (5) For the purchase of 6 UH-60L Black Hawk utility helicopters for the national police of Colombia and for operation, maintenance, and training relating to such helicopters.
(6) For procurement, for upgrade of 50 UH-1H helicopters to the Huey II configuration equipped with miniguns for the use of the national police of Colombia. (7) For the repair and rebuilding of the antinarcotics base in southern Colombia. (8) For providing sufficient and adequate base and force security for any rebuilt facility in southern Colombia, and the other forward operating antinarcotics bases of the Colombian National Police antinarcotics unit.
(b) Counternarcotics Assistance.-- (1) Limitation on provision of assistance.--Except as provided in paragraph (2), United States counternarcotics assistance may not be provided for the Government of Colombia under this title or under any other provision of law on or after the date of enactment of this Act if the Government of Colombia negotiates or permits the establishment of any demilitarized zone in which the eradication of drug production by the security forces of Colombia, including the Colombian National Police antinarcotics unit, is prohibited. (2) Exception.--If the Government of Colombia negotiates or permits the establishment of a demilitarized zone described in paragraph (1), United States counternarcotics assistance may be provided for the Government of Colombia for a period of up to 90 consecutive days upon a finding by the President that providing such assistance is in the national interest of the United States. (3) Notification.--In each case in which counternarcotics assistance is provided for the Government of Colombia as a result of a finding by the President described in paragraph (2), the President shall notify the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate not later than 5 days after such assistance is provided.
(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.
Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000, and 2001 for enhancement of drug-related eradication efforts in Bolivia in the total amount of $17,000,000 which shall be available for the following purposes: (1) For support of air operations in Bolivia. (2) For support of riverine operations in Bolivia. (3) For support of coca eradication programs.
(4) For procurement of 2 mobile x-ray machines, with operation and maintenance support.
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.
(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
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.
SERVICE COUNTERDRUG RESEARCH AND DEVELOPMENT ACTIVITIES.
(a) In General.--There is authorized to be appropriated to the Secretary of Agriculture for each of fiscal years 1999, 2000, and 2001, $23,000,000 to support the counternarcotics research efforts of the Agricultural Research Service of the Department of Agriculture. Of that amount, funds are authorized as follows: (1) $5,000,000 shall be used for crop eradication technologies. (2) $2,000,000 shall be used for narcotics plant identification, chemistry, and biotechnology. (3) $1,000,000 shall be used for worldwide crop identification, detection tagging, and production estimation technology. (4) $5,000,000 shall be used for improving the disease resistance, yield, and economic competitiveness of commercial
crops that can be promoted as alternatives to the production of narcotics plants. (5) $10,000,000 to contract with entities meeting the criteria described in subsection (b) for the product development, environmental testing, registration, production, aerial distribution system development, product effectiveness monitoring, and modification of multiple herbicides to control narcotic crops (including coca, poppy, and cannabis) in the United States and internationally.
(b) Criteria for Eligible Entities.--An entity under this subsection is an entity which possesses-- (1) experience in diseases of narcotic crops; (2) intellectual property involving seed-borne dispersal formulations; (3) the availability of state-of-the-art containment or quarantine facilities; (4) country-specific herbicide formulations; (5) specialized fungicide resistant formulations; or (6) special security arrangements.
(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.
ENVIRONMENTALLY-APPROVED HERBICIDES TO ELIMINATE ILLICIT NARCOTICS CROPS.
The Secretary of State, the Attorney General, the Secretary of Agriculture, the Secretary of Defense, the Director of the Office of National Drug Control Policy, and the Administrator of the Environmental Protection Agency are authorized to support the development and use of environmentally-approved herbicides to eliminate illicit narcotics crops, including coca, cannabis, and opium poppy, both in the United States and in foreign countries.
Subtitle D--Enhanced International Law Enforcement Training
(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.
TRAINING.
(a) Mexico.--Funds are authorized to be appropriated for the Department of Justice for fiscal years 1999, 2000, and 2001 for substantial exchanges for Mexican judges, prosecutors, and police, in the total amount of $2,000,000 for each such fiscal year. The Attorney General shall consult with the Secretary of State regarding such exchanges. (b) Brazil.--Funds are authorized to be appropriated for the Department of Justice for fiscal years 1999, 2000, and 2001 for enhanced support for the Brazilian Federal Police Training Center, in the total amount of $1,000,000 for each such fiscal year. The Attorney General shall consult with the Secretary of State regarding such enhanced support. (c) Panama.-- (1) In general.--Funds are authorized to be appropriated for the Department of Transportation for fiscal years 1999, 2000, and 2001 for operation and maintenance, for locating and operating Coast Guard assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts of Panama for drug enforcement and interdiction activities, in the total amount of $1,000,000 for each such fiscal year. The Secretary of Transportation shall consult with the Secretary of State regarding the location and operation of such assets for such purposes.
(2) Eligibility to receive training.--Notwithstanding any other provision of law, members of the national police of Panama shall be eligible to receive training through the International Military Education Training program.
(d) Venezuela.--There are authorized to be appropriated for the Department of Justice for each of fiscal years 1999, 2000, and 2001, $1,000,000 for operation and maintenance, for support for the Venezuelan Judicial Technical Police Counterdrug Intelligence Center. The Attorney General shall consult with the Secretary of State regarding such support. (e) Ecuador.-- (1) In general.--Funds are authorized to be appropriated for the Department of Transportation and the Department of the Treasury for each of fiscal years 1999, 2000, and 2001 for the buildup of local coast guard and port control in Guayaquil and Esmeraldas, Ecuador, as follows: (A) For each such fiscal year for the Department of Transportation, $500,000. (B) For each such fiscal year for the Department of the Treasury, $500,000. (2) Consultation.--The Secretary of Transportation and the Secretary of the Treasury shall consult with the Secretary of State regarding the buildup described in paragraph (1).
(f) Haiti and the Dominican Republic.--Funds are authorized to be appropriated for the Department of the Treasury for each of fiscal years 1999, 2000, and 2001, $500,000 for the buildup of local coast guard and port control in Haiti and the Dominican Republic. The Secretary of the Treasury shall consult with the Secretary of State regarding such buildup of local coast guard and port patrol. (g) Central America.--There are authorized to be appropriated for the Department of the Treasury for each of fiscal years 1999, 2000, and 2001, $12,000,000 for the buildup of local coast guard and port control in Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. The Secretary of the Treasury shall consult with the Secretary of State regarding such buildup of local coast guard and port patrol.
FOREIGN LAW ENFORCEMENT ORGANIZATIONS FOR COOPERATIVE ILLICIT NARCOTICS CONTROL ACTIVITIES.
(a) In General.--(1) Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation with the Secretary of State, may transfer or lease each year nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. (2)(A) The Administrator may transfer or lease equipment under paragraph (1) only if the equipment is not designated as a munitions item or controlled on the United States Munitions List pursuant to section 38 of the Arms Export Control Act. (B) The value of each piece of equipment transferred or leased under paragraph (1) may not exceed $100,000. (b) Additional Requirement.--The Administrator shall provide for the maintenance and repair of any equipment transferred or leased under subsection (a).
(c) Notification Requirement.--Before the export of any item authorized for transfer under subsection (a), the Administrator shall provide written notice to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1). (d) Sense of Congress.--It is the sense of Congress that-- (1) all United States law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico.
Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment
INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT; REPORT.
(a) Drug Enforcement Administration.--Funds are authorized to be appropriated for the Drug Enforcement Administration for fiscal years 1999, 2000, and 2001 for enhancement of counternarcotic operations in drug transit and source countries in the total amount of $58,900,000 which shall be available for the following purposes: (1) For support of the Merlin program. (2) For support of the intercept program. (3) For support of the development and implementation of automation systems to support investigative and intelligence requirements. (4) For support of the Caribbean Initiative. (5) For the hire of special agents, administrative and investigative support personnel, and intelligence analysts for the support of overseas investigations.
(b) Department of State.--Funds are authorized to be appropriated for the Department of State for fiscal year 1999, 2000, and 2001 for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere, the total amount of $20,000,000. (c) Department of the Treasury.--Funds are authorized to be appropriated for the United States Customs Service for fiscal years 1999, 2000, and 2001 for enhancement of counternarcotic operations in drug transit and source countries in the total amount of $71,500,000 which shall be available for the following purposes: (1) For refurbishment of up to 30 interceptor and Blue Water Platform vessels in the Caribbean maritime fleet. (2) For purchase of up to 9 new interceptor vessels in the Caribbean maritime fleet. (3) For the hire and training of up to 25 special agents for maritime operations in the Caribbean. (4) For purchase of up to 60 automotive vehicles for ground use in South Florida.
(5) For each such fiscal year for operation and maintenance support for up to 10 United States Customs Service Citations Aircraft to be dedicated for the source and transit zone. (6) For purchase of non-intrusive inspection systems consistent with the United States Customs Service 5-year technology plan, including truck x-rays and gamma-imaging for drug interdiction purposes at high-threat seaports and land border ports of entry.
(d) Department of Defense Report.--Not later than January 31, 1999, the Secretary of Defense, in consultation with the Director of the Office of National Drug Control Policy, shall submit to Congress a report examining and proposing recommendations regarding any organizational changes to optimize counterdrug activities, including alternative cost-sharing arrangements regarding the following facilities: (1) The Joint Inter-Agency Task Force, East, Key West, Florida. (2) The Joint Inter-Agency Task Force, West, Alameda, California. (3) The Joint Inter-Agency Task Force, South, Panama City, Panama. (4) The Joint Task Force 6, El Paso, Texas.
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.
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
The funds authorized to be appropriated for any department or agency of the Federal Government for fiscal years 1999, 2000,
or 2001 by this title are in addition to funds authorized to be appropriated for that department or agency for fiscal year 1999, 2000, or 2001 by any other provision of law.
Subtitle <<NOTE: Controlled Substances Trafficking Prohibition Act. 21 USC 801 note.>> G--Trafficking in Controlled Substances
This subtitle may be cited as the ``Controlled Substances Trafficking Prohibition Act''.
(a) Amendment.--Section 1006(a) of the Controlled Substances Import and Export Act (21 U.S.C. 956(a)) is amended-- (1) by striking ``The Attorney General'' and inserting ``(1) Subject to paragraph (2), the Attorney General''; and (2) by adding at the end the following:
``(2) Notwithstanding any exemption under paragraph (1), a United States resident who enters the United States through an international land border with a controlled substance (except a substance in schedule I) for which the individual does not possess a valid prescription issued by a practitioner (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) in accordance with applicable Federal and State law (or documentation that verifies the issuance of such a prescription to that individual) may not import the controlled substance into the United States in an amount that exceeds 50 dosage units of the controlled substance.''. (b) Federal Minimum Requirement.-- Section 1006(a)(2) of the Controlled Substances Import and Export Act, as added by subsection (a), is a minimum Federal requirement and shall not be construed to limit a State from imposing any additional requirement.
(c) Extent.--The amendment made by subsection (a) shall not be construed to affect the jurisdiction of the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.).
Title IX
This title may be cited as the ``Drug-Free Workplace Act of 1998''.
FINDINGS; PURPOSES.
(a) Findings.--Congress finds that-- (1) 74 percent of adults who use illegal drugs are employed; (2) small business concerns employ over 50 percent of the Nation's workforce; (3) in more than 88 percent of families with children under the age of 18, at least 1 parent is employed; and (4) employees who use and abuse addictive illegal drugs and alcohol increase costs for businesses and risk the health and safety of all employees because-- (A) absenteeism is 66 percent higher among drug users than individuals who do not use drugs; (B) health benefit utilization is 300 percent higher among drug users than individuals who do not use drugs; (C) 47 percent of workplace accidents are drug- related;
(D) disciplinary actions are 90 percent higher among drug users than among individuals who do not use drugs; and (E) employee turnover is significantly higher among drug users than among individuals who do not use drugs.
(b) Purposes.--The purposes of this title are to-- (1) educate small business concerns about the advantages of a drug-free workplace; (2) provide grants and technical assistance in addition to financial incentives to enable small business concerns to create a drug-free workplace; (3) assist working parents in keeping their children drug- free; and (4) encourage small business employers and employees alike to participate in drug-free workplace programs.
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.
PROGRAM. Section 27 of the Small Business Act (15 U.S.C. 654) is amended to read as follows:
``SEC. 27. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.
``(a) Definitions.--In this section: ``(1) Drug-free workplace program.--The term `drug-free workplace program' means a program that includes-- ``(A) a written policy, including a clear statement of expectations for workplace behavior, prohibitions against reporting to work or working under the influence of illegal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the workplace, and the consequences of violating those expectations and prohibitions; ``(B) drug and alcohol abuse prevention training for a total of not less than 2 hours for each employee, and additional voluntary drug and alcohol abuse prevention training for employees who are parents; ``(C) employee illegal drug testing, with analysis conducted by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists for forensic drug testing, and a review of each positive test result by a medical review officer;
``(D) employee access to an employee assistance program, including confidential assessment, referral, and short-term problem resolution; and ``(E) continuing alcohol and drug abuse prevention education. ``(2) Eligible intermediary.--The term `eligible intermediary' means an organization-- ``(A) that has not less than 2 years of experience in carrying out drug-free workplace programs; ``(B) that has a drug-free workplace policy in effect; ``(C) that is located in a State, the District of Columbia, or a territory of the United States; and ``(D) the purpose of which is-- ``(i) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or ``(ii) to provide other forms of assistance and services to small business concerns. ``(3) Employee.--The term `employee' includes any-- ``(A) applicant for employment; ``(B) employee; ``(C) supervisor; ``(D) manager; ``(E) officer of a small business concern who is active in management of the concern; and ``(F) owner of a small business concern who is active in management of the concern. ``(4) Medical review officer.--The term `medical review officer'-- ``(A) means a licensed physician with knowledge of substance abuse disorders; and ``(B) does not include any-- ``(i) employee of the small business concern; or ``(ii) employee or agent of, or any person having a financial interest in, the laboratory for which the illegal drug test results are being reviewed.
``(b) Establishment.--There is established a drug-free workplace demonstration program, under which the Administrator may make grants to, or enter into cooperative agreements or contracts with, eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to establish a drug-free workplace program. ``(c) Privacy Protection for Employees Participating in a Drug-Free Workplace Program.--Each drug-free workplace program established with assistance made available under this section shall-- ``(1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of illegal drug test results and of any participation by an employee in a rehabilitation program; ``(2) prohibit the mandatory disclosure of medical information by an employee prior to a confirmed positive illegal drug test; and ``(3) require that a medical review officer reviewing illegal drug test results shall report only the final results, limited to those drugs for which the employee tests positive, in writing
and in a manner designed to ensure the confidentiality of the results.
``(d) Evaluation and Coordination.--Not later than 18 months after the date of enactment of the Drug-Free Workplace Act of 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall-- ``(1) evaluate the drug-free workplace programs established with assistance made available under this section; and ``(2) submit to Congress a report describing the results of the evaluation under paragraph (1).
``(e) Contract Authority.--In carrying out this section, the Administrator may-- ``(1) contract with public and private entities to provide assistance related to carrying out the program under this section; and ``(2) compensate those entities for provision of that assistance.
``(f) Construction.--Nothing in this section may be construed to require an employer who attends a program offered by an intermediary to contract for any service offered by the intermediary. ``(g) Authorization.-- ``(1) In general.--There is authorized to be appropriated to carry out this section, $10,000,000 for fiscal years 1999 and 2000. Amounts made available under this subsection shall remain available until expended. ``(2) Small business development centers.--Of the total amount made available under this subsection, not more than the greater of 10 percent or $1,000,000 may be used to carry out section 21(c)(3)(T).''.
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
Congress finds that the conveyance of the properties described in section 4(b) to the lessees of those properties for fair market value would have the beneficial results of-- (1) reducing Pick-Sloan project debt for the Canyon Ferry Unit; (2) providing a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to-- (A) restore and conserve fisheries habitat, including riparian habitat; (B) restore and conserve wildlife habitat;
(C) enhance public hunting, fishing, and recreational opportunities; and (D) improve public access to public land; (3) eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Federal Government's ownership of the properties while increasing local tax revenues from the new owners; and (4) eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the properties.
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.
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.
(a) In General.--Consistent with the Act of June 17, 1902 (32 Stat. 388, chapter 1093) and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary shall convey to CFRA or a purchaser-- (1) all right, title, and interest (except the mineral estate) of the United States in and to the properties, subject to valid existing rights and the operational requirements of the Pick-Sloan Missouri River Basin Program; and (2) perpetual easements for-- (A) vehicular access to each property; (B) access to and use of 1 dock per property; and (C) access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of enactment of this Act.
(b) Description of Properties.-- (1) In general.--The properties to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern end of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; and (B) any small parcel contiguous to any property (not including shoreline or land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate an inholding and facilitate administration of surrounding land remaining in Federal ownership. (2) Acreage; legal description.--The acreage and legal description of each property and of each parcel shall be determined by the Secretary in consultation with CFRA. (3) Restrictive use covenant.-- (A) In general.--In order to maintain the unique character of the Reservoir area, the Secretary, the purchaser, CFRA, and each subsequent owner of each property shall covenant that the use restrictions to carry out subparagraphs (B) and (C) shall-- (i) be appurtenant to, and run, with each property; and (ii) be binding on each subsequent owner of each property. (B) Access to reservoir.-- (i) In general.--The Secretary, the purchaser, CFRA, and the subsequent owners of each property shall ensure that-- (I) public access to and along the shoreline of the Reservoir in existence on the date of enactment of this Act is not obstructed; and (II) adequate public access to and along the shoreline of the Reservoir is maintained. (ii) Federal reclamation law.-- (I) In general.--No conveyance of property under this Act shall restrict or limit the authority or ability of the Secretary to fulfill the duties of the Secretary under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental
to and amendatory of that Act (43 U.S.C. 371 et seq.). (II) No liability.--The operation of the Reservoir by the Secretary in fulfillment of the duties described in subclause (I) shall not result in liability for damages, direct or indirect, to the owner of any property conveyed under section 4(a) or damages from any loss of use or enjoyment of the property. (C) Historical use.--The Secretary, the purchaser, CFRA, and each subsequent owner of each property shall covenant that future uses of the property shall be limited to the type and intensity of uses in existence on the date of enactment of this Act, as limited by the prohibitions contained in the annual operating plan of the Bureau of Reclamation for the Reservoir in effect on October 1, 1998.
(c) Purchase Process.-- (1) In general.--The Secretary shall-- (A) solicit sealed bids for the properties; (B) subject to paragraph (2), sell the properties to the bidder that submits the highest bid above the minimum bid determined under paragraph (2); and (C) not accept any bid for less than all of the properties in 1 transaction. (2) Minimum bid.-- (A) In general.--Before accepting bids, the Secretary shall establish a minimum bid, which shall be equal to the fair market value of the properties determined by an appraisal of each property, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) Fair market value.--Any dispuste over the fair market value of a property under subparagraph (A) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations. (3) Right of first refusal.--If the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the properties at a price equal to the amount of the highest bid.
(d) Terms of Conveyance.-- (1) Purchaser.--If the highest bidder is other than CFRA, and CFRA does not match the highest bid, the following shall apply: (A) Payment.--The purchaser shall pay the amount bid to the Secretary for distribution in accordance with section 6. (B) Conveyance.--The Secretary shall convey the properties to the purchaser. (C) Option to purchase.--The purchaser shall give each lessee of a property conveyed under this section an option to purchase the property at fair market value, as determined under subsection (c)(2). (D) Nonpurchasing lessees.-- (i) Right to continue lease.--A lessee that is unable or unwilling to purchase a property shall be provided the opportunity to continue to lease the
property for fair market value rent under the same terms and conditions as apply under the existing lease for the property, and shall have the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) Compensation for improvements.--If a lessee declines to purchase a property, the purchaser shall compensate the lessee for the fair market value, as determined pursuant to customary appraisal procedures, of all improvements made to the property by the lessee. The lessee may sell the improvements to the purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals under clause (i). (2) CFRA.--If CFRA is the highest bidder, or matches the highest bid, the following shall apply: (A) Closing.--On receipt of a purchase request from a lessee or CFRA, the Secretary shall close on the property and prepare all other properties for closing within 45 days. (B) Payment.--At the closing for a property-- (i) the lessee or CFRA shall deliver to the Secretary payment for the property, which the Secretary shall distribute in accordance with section 6; and (ii) the Secretary shall convey the property to the lessee or CFRA. (C) Appraisal.--The Secretary shall determine the purchase amount of each property based on the appraisal conducted under subsection (c)(2), the amount of the bid under subsection (c)(1), and the proportionate share of administrative costs pursuant to subsection (e). The total purchase amount for all properties shall equal the total bid amount plus administrative costs under subsection (e). (D) Timing.--CFRA and the lessees shall purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 12 months after title to the first property is conveyed by the Secretary to a lessee. (E) Right to renew.--The Secretary shall afford the lessees who have not purchased properties under this section the right to renew the term of the existing lease for 2 (but not more than 2) consecutive 5-year terms. (F) Reimbursement.--A lessee shall reimburse CFRA for a proportionate share of the costs to CFRA of completing the transactions contemplated by this Act, including any interest charges. (G) Rental payments.--All rent received from the leases shall be distributed by the Secretary in accordance with section 6.
(e) Administrative Costs.--Any reasonable administrative costs incurred by the Secretary, including the costs of survey and appraisals, incident to the conveyance under subsection (a) shall be reimbursed by the purchaser or CFRA. (f) Timing.--The Secretary shall make every effort to complete the conveyance under subsection (a) not later than 1 year after the satisfaction of the condition established by section 8(b).
(g) Closings.--Real estate closings to complete the conveyance under subsection (a) may be staggered to facilitate the conveyance as agreed to by the Secretary and the purchaser or CFRA. (h) Conveyance to Lessee.--If a lessee purchases a property from the purchaser or CFRA, the Secretary, at the request of the lessee, shall have the conveyance documents prepared in the name or names of the lessee so as to minimize the amount of time and number of documents required to complete the closing for the property.
(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.
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.
(a) Establishment.--The Secretary, in consultation with the State congressional delegation and the Governor of the State, shall establish a nonprofit charitable permanent perpetual public trust in the State, to be known as the ``Montana Fish and Wildlife Conservation Trust'' (referred to in this section as the ``Trust''). (b) Purpose.--The purpose of the Trust shall be to provide a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to-- (1) restore and conserve fisheries habitat, including riparian habitat; (2) restore and conserve wildlife habitat; (3) enhance public hunting, fishing, and recreational opportunities; and (4) improve public access to public land.
(c) Administration.-- (1) Trust manager.--The Trust shall be managed by a trust manager, who--
(A) shall be responsible for investing the corpus of the Trust; and (B) shall disburse funds from the Trust on receiving a request for disbursement from a majority of the members of the Joint State-Federal Agency Board established under paragraph (2) and after determining, in consultation with the Citizen Advisory Board established under paragraph (3) and after consideration of any comments submitted by members of the public, that the request meets the purpose of the Trust under subsection (b) and the requirements of subsections (d) and (e). (2) Joint state-federal agency board.-- (A) Establishment.--There is established a Joint State-Federal agency Board, which shall consist of-- (i) 1 Forest Service employee employed in the State designated by the Forest Service; (ii) 1 Bureau of Land Management employee employed in the State designated by the Bureau of Land Management; (iii) 1 Bureau of Reclamation employee employed in the State designated by the Bureau of Reclamation; (iv) 1 United States Fish and Wildlife Service employee employed in the State designated by the United States Fish and Wildlife Service; and (v) 1 Montana Department of Fish, Wildlife and Parks employee designated by the Department. (B) Requests for disbursement.--After consulting with the Citizen Advisory Board established under paragraph (3) and after consideration of the Trust plan prepared under paragraph (3)(C) and of any comments or requests submitted by members of the public, the Joint State-Federal Agency Board, by a vote of a majority of its members, may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the purpose of the Trust. (3) Citizen advisory board.-- (A) In general.--The Secretary shall nominate, and the Joint State-Federal Agency Board shall approve by a majority vote, a Citizen Advisory Board. (B) Membership.--The Citizen Advisory Board shall consist of 4 members, including 1 with a demonstrated commitment to improving public access to public land and to fish and wildlife conservation, from each of-- (i) a Montana organization representing agricultural landowners; (ii) a Montana organization representing hunters; (iii) a Montana organization representing fishermen; and (iv) a Montana nonprofit land trust or environmental organization. (C) Duties.--The Citizen Advisory Board, in consultation with the Joint State-Federal Agency Board and the Montana Association of Counties, shall prepare and periodically update a Trust plan including recommendations for requests for disbursement by the Joint State-Federal Agency Board.
(D) Objectives of plan.--The Trust plan shall be designed to maximize the effectiveness of Montana Fish and Wildlife Conservation Trust expenditures considering-- (i) public needs and requests; (ii) availability of property; (iii) alternative sources of funding; and (iv) availability of matching funds. (4) Public notice and comment.--Before requesting any disbursements under paragraph (2), the Joint State-Federal Agency Board shall-- (A) notify members of the public, including local governments; and (B) provide opportunity for public comment.
(d) Use.-- (1) Principal.--The principal of the Trust shall be inviolate. (2) Earnings.--Earnings on amounts in the Trust shall be used to carry out subsection (b) and to administer the Trust and Citizen Advisory Board. (3) Local purposes.--Not more than 50 percent of the income from the Trust in any year shall be used outside the watershed of the Missouri River in the State, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River.
(e) Management.--Land and interests in land acquired under this section shall be managed for the purpose described in subsection (b).
(a) Establishment.--The Commissioners shall establish a nonprofit charitable permanent perpetual public trust to be known as the ``Canyon Ferry-Broadwater County Trust'' (referred to in this section as the ``Trust''). (b) Priority of Trust Establishment.-- (1) Condition to sale.--No sale of property under section 4 shall be made until at least $3,000,000, or a lesser amount as offset by in-kind contributions made before full funding of the trust, is deposited as the initial corpus of the Trust. (2) In-kind contributions.-- (A) In general.--In-kind contributions-- (i) shall be approved in advance by the Commissioners; (ii) shall be made in Broadwater County; (iii) shall be related to the improvement of access to the portions of the Reservoir lying within Broadwater County or to the creation and improvement of new and existing recreational areas within Broadwater County; and (iv) shall not include any contribution made by Broadwater County. (B) Approval.--Approval by the Commissioners of an in-kind contribution under subparagraph (A) shall include approval of the value, nature, and type of the contribution and of the entity that makes the contribution. (3) Interest.--Notwithstanding any other provision of this Act, all interest earned on the principal of the Trust shall
be reinvested and considered part of its corpus until the condition stated in paragraph (1) is met.
(c) Trust Management.-- (1) Trust manager.--The Trust shall be managed by a nonprofit foundation or other independent trustee to be selected by the Commissioners. (2) Use.--The Trust manager shall invest the corpus of the Trust and disburse funds as follows: (A) Principal.--A sum not to exceed $500,000 may be expended from the corpus to pay for the planning and construction of a harbor at the Silo's recreation area. (B) Interest.--The balance of the Trust shall be held and the income shall be expended annually for the improvement of access to the portions of the Reservoir lying within Broadwater County, Montana, and for the creation and improvement of new and existing recreational areas within Broadwater County. (3) Disbursement.--The Trust manager-- (A) shall approve or reject any request for disbursement; and (B) shall not make any expenditure except on the recommendation of the advisory committee established under subsection (d).
(d) Advisory Committee.-- (1) Establishment.--The Commissioners shall appoint an advisory committee consisting of not fewer than 3 nor more than 5 persons. (2) Duties.--The advisory committee shall meet on a regular basis to establish priorities and make requests for the disbursement of funds to the Trust manager. (3) Approval by the commissioners.--The advisory committee shall recommend only such expenditures as are approved by the Commissioners.
(e) No Offset.--Neither the corpus nor the income of the Trust shall be used to reduce or replace the regular operating expenses of the Secretary at the Reservoir, unless approved by the Commissioners.
(a) In General.--The Secretary is authorized to-- (1) investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for the development of the project; (2) conserve the scenery, the natural historic, paleontologic, and archaeologic objects, and the wildlife on the land; (3) provide for public use and enjoyment of the land and of the water areas created by the project by such means as are consistent with but subordinate to the purposes of the project; and (4) investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources.
(b) Costs.--The costs (including operation and maintenance costs) of carrying out subsection (a) shall be nonreimbursable and nonreturnable under Federal reclamation law.
Title XI—MORATORIUM ON CERTAIN <<NOTE: Internet Tax Freedom Act. 47 USC
This title may be cited as the ``Internet Tax Freedom Act''.
(a) Moratorium.--No State or political subdivision thereof shall impose any of the following taxes during the period beginning on October 1, 1998, and ending 3 years after the date of the enactment of this Act-- (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and (2) multiple or discriminatory taxes on electronic commerce. (b) Preservation of State and Local Taxing Authority.--Except as provided in this section, nothing in this title shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or superseding of, any State or local law pertaining to taxation that is otherwise permissible by or under the Constitution of the United States or other Federal law and in effect on the date of enactment of this Act. (c) Liabilities and Pending Cases.--Nothing in this title affects liability for taxes accrued and enforced before the date of enactment of this Act, nor does this title affect ongoing litigation relating to such taxes. (d) Definition of Generally Imposed and Actually Enforced.--For purposes of this section, a tax has been generally imposed and actually enforced prior to October 1, 1998, if, before that date, the tax was authorized by statute and either-- (1) a provider of Internet access services had a reasonable opportunity to know by virtue of a rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; or (2) a State or political subdivision thereof generally collected such tax on charges for Internet access. (e) Exception to Moratorium.-- (1) In general.--Subsection (a) shall also not apply in the case of any person or entity who knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors unless such person or entity has restricted access by minors to material that is harmful to minors-- (A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; (B) by accepting a digital certificate that verifies age; or (C) by any other reasonable measures that are feasible under available technology. (2) Scope of exception.--For purposes of paragraph (1), a person shall not be considered to making a communication for commercial purposes of material to the extent that the person is-- (A) a telecommunications carrier engaged in the provision of a telecommunications service;
(B) a person engaged in the business of providing an Internet access service; (C) a person engaged in the business of providing an Internet information location tool; or (D) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the communication. (3) Definitions.--In this subsection: (A) By means of the world wide web.--The term ``by means of the World Wide Web'' means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. (B) Commercial purposes; engaged in the business.-- (i) Commercial purposes.--A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications. (ii) Engaged in the business.--The term ``engaged in the business'' means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person's trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person's sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web. (C) Internet.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (D) Internet access service.--The term ``Internet access service'' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services. (E) Internet information location tool.--The term ``Internet information location tool'' means a service that
refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links. (F) Material that is harmful to minors.--The term ``material that is harmful to minors'' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that-- (i) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (ii) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (G) Minor.--The term ``minor'' means any person under 17 years of age. (H) Telecommunications carrier; telecommunications service.--The terms ``telecommunications carrier'' and ``telecommunications service'' have the meanings given such terms in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (f) Additional Exception to Moratorium.-- (1) In general.--Subsection (a) shall also not apply with respect to an Internet access provider, unless, at the time of entering into an agreement with a customer for the provision of Internet access services, such provider offers such customer (either for a fee or at no charge) screening software that is designed to permit the customer to limit access to material on the Internet that is harmful to minors. (2) Definitions.--In this subsection: (A) Internet access provider.--The term `Internet access provider' means a person engaged in the business of providing a computer and communications facility through which a customer may obtain access to the Internet, but does not include a common carrier to the extent that it provides only telecommunications services. (B) Internet access services.--The term `Internet access services' means the provision of computer and communications services through which a customer using a computer and a modem or other communications device may obtain access to the Internet, but does not include telecommunications services provided by a common carrier. (C) Screening software.--The term ``screening software'' means software that is designed to permit a person to limit access to material on the Internet that is harmful to minors. (3) Applicability.--Paragraph (1) shall apply to agreements for the provision of Internet access services entered into on or after the date that is 6 months after the date of enactment of this Act.
(a) Establishment of Commission.--There is established a commission to be known as the Advisory Commission on Electronic Commerce (in this title referred to as the ``Commission''). The Commission shall-- (1) be composed of 19 members appointed in accordance with subsection (b), including the chairperson who shall be selected by the members of the Commission from among themselves; and (2) conduct its business in accordance with the provisions of this title.
(b) Membership.-- (1) In general.--The Commissioners shall serve for the life of the Commission. The membership of the Commission shall be as follows: (A) 3 representatives from the Federal Government, comprised of the Secretary of Commerce, the Secretary of the Treasury, and the United States Trade Representative (or their respective delegates). (B) 8 representatives from State and local governments (one such representative shall be from a State or local government that does not impose a sales tax and one representative shall be from a State that does not impose an income tax). (C) 8 representatives of the electronic commerce industry (including small business), telecommunications carriers, local retail businesses, and consumer groups, comprised of-- (i) 5 individuals appointed by the Majority Leader of the Senate; (ii) 3 individuals appointed by the Minority Leader of the Senate; (iii) 5 individuals appointed by the Speaker of the House of Representatives; and (iv) 3 individuals appointed by the Minority Leader of the House of Representatives. (2) Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. The chairperson shall be selected not later than 60 days after the date of the enactment of this Act. (3) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(c) Acceptance of Gifts and Grants.--The Commission may accept, use, and dispose of gifts or grants of services or property, both real and personal, for purposes of aiding or facilitating the work of the Commission. Gifts or grants not used at the expiration of the Commission shall be returned to the donor or grantor. (d) Other Resources.--The Commission shall have reasonable access to materials, resources, data, and other information from the Department of Justice, the Department of Commerce, the Department of State, the Department of the Treasury, and the Office of the United States Trade Representative. The Commission shall also have reasonable access to use the facilities of any such Department or Office for purposes of conducting meetings. (e) Sunset.--The Commission shall terminate 18 months after the date of the enactment of this Act.
(f) Rules of the Commission.-- (1) Quorum.--Nine members of the Commission shall constitute a quorum for conducting the business of the Commission. (2) Meetings.--Any meetings held by the Commission shall be duly noticed at least 14 days in advance and shall be open to the public. (3) Opportunities to testify.--The Commission shall provide opportunities for representatives of the general public, taxpayer groups, consumer groups, and State and local government officials to testify. (4) Additional rules.--The Commission may adopt other rules as needed.
(g) Duties of the Commission.-- (1) In general.--The Commission shall conduct a thorough study of Federal, State and local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable intrastate, interstate or international sales activities. (2) Issues to be studied.--The Commission may include in the study under subsection (a)-- (A) an examination of-- (i) barriers imposed in foreign markets on United States providers of property, goods, services, or information engaged in electronic commerce and on United States providers of telecommunications services; and (ii) how the imposition of such barriers will affect United States consumers, the competitiveness of United States citizens providing property, goods, services, or information in foreign markets, and the growth and maturing of the Internet; (B) an examination of the collection and administration of consumption taxes on electronic commerce in other countries and the United States, and the impact of such collection on the global economy, including an examination of the relationship between the collection and administration of such taxes when the transaction uses the Internet and when it does not; (C) an examination of the impact of the Internet and Internet access (particularly voice transmission) on the revenue base for taxes imposed under section 4251 of the Internal Revenue Code of 1986; (D) an examination of model State legislation that-- (i) would provide uniform definitions of categories of property, goods, service, or information subject to or exempt from sales and use taxes; and (ii) would ensure that Internet access services, online services, and communications and transactions using the Internet, Internet access service, or online services would be treated in a tax and technologically neutral manner relative to other forms of remote sales; (E) an examination of the effects of taxation, including the absence of taxation, on all interstate sales transactions, including transactions using the Internet, on retail businesses and on State and local governments, which examination may include a review of the efforts of State
and local governments to collect sales and use taxes owed on in-State purchases from out-of-State sellers; and (F) the examination of ways to simplify Federal and State and local taxes imposed on the provision of telecommunications services. (3) Effect on the communications act of 1934.--Nothing in this section shall include an examination of any fees or charges imposed by the Federal Communications Commission or States related to-- (A) obligations under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or (B) the implementation of the Telecommunications Act of 1996 (or of amendments made by that Act). (h) National Tax Association Communications and Electronic Commerce Tax Project.--The Commission shall, to the extent possible, ensure that its work does not undermine the efforts of the National Tax Association Communications and Electronic Commerce Tax Project.
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.
For the purposes of this title: (1) Bit tax.--The term ``bit tax'' means any tax on electronic commerce expressly imposed on or measured by the volume of digital information transmitted electronically, or the volume of digital information per unit of time transmitted electronically, but does not include taxes imposed on the provision of telecommunications services. (2) Discriminatory tax.--The term ``discriminatory tax'' means-- (A) any tax imposed by a State or political subdivision thereof on electronic commerce that-- (i) is not generally imposed and legally collectible by such State or such political subdivision on transactions involving similar property, goods, services, or information accomplished through other means; (ii) is not generally imposed and legally collectible at the same rate by such State or such political subdivision on transactions involving similar property, goods, services, or information accomplished through other means, unless the rate is lower as part of a phase-out of the tax over not more than a 5-year period; (iii) imposes an obligation to collect or pay the tax on a different person or entity than in the case of transactions involving similar property, goods, services, or information accomplished through other means;
(iv) establishes a classification of Internet access service providers or online service providers for purposes of establishing a higher tax rate to be imposed on such providers than the tax rate generally applied to providers of similar information services delivered through other means; or (B) any tax imposed by a State or political subdivision thereof, if-- (i) except with respect to a tax (on Internet access) that was generally imposed and actually enforced prior to October 1, 1998, the sole ability to access a site on a remote seller's out- of-State computer server is considered a factor in determining a remote seller's tax collection obligation; or (ii) a provider of Internet access service or online services is deemed to be the agent of a remote seller for determining tax collection obligations solely as a result of-- (I) the display of a remote seller's information or content on the out-of- State computer server of a provider of Internet access service or online services; or (II) the processing of orders through the out-of-State computer server of a provider of Internet access service or online services. (3) Electronic commerce.--The term ``electronic commerce'' means any transaction conducted over the Internet or through Internet access, comprising the sale, lease, license, offer, or delivery of property, goods, services, or information, whether or not for consideration, and includes the provision of Internet access. (4) Internet.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (5) Internet access.--The term ``Internet access'' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to users. Such term does not include telecommunications services. (6) Multiple tax.-- (A) In general.--The term ``multiple tax'' means any tax that is imposed by one State or political subdivision thereof on the same or essentially the same electronic commerce that is also subject to another tax imposed by another State or political subdivision thereof (whether or not at the same rate or on the same basis), without a credit (for example, a resale exemption certificate) for taxes paid in other jurisdictions. (B) Exception.--Such term shall not include a sales or use tax imposed by a State and 1 or more political subdivisions thereof on the same electronic commerce or
a tax on persons engaged in electronic commerce which also may have been subject to a sales or use tax thereon. (C) Sales or use tax.--For purposes of subparagraph (B), the term ``sales or use tax'' means a tax that is imposed on or incident to the sale, purchase, storage, consumption, distribution, or other use of tangible personal property or services as may be defined by laws imposing such tax and which is measured by the amount of the sales price or other charge for such property or service. (7) State.--The term ``State'' means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (8) Tax.-- (A) In general.--The term ``tax'' means-- (i) any charge imposed by any governmental entity for the purpose of generating revenues for governmental purposes, and is not a fee imposed for a specific privilege, service, or benefit conferred; or (ii) the imposition on a seller of an obligation to collect and to remit to a governmental entity any sales or use tax imposed on a buyer by a governmental entity. (B) Exception.--Such term does not include any franchise fee or similar fee imposed by a State or local franchising authority, pursuant to section 622 or 653 of the Communications Act of 1934 (47 U.S.C. 542, 573), or any other fee related to obligations or telecommunications carriers under the Communications Act of 1934 (47 U.S.C. 151 et seq.). (9) Telecommunications service.--The term ``telecommunications service'' has the meaning given such term in section 3(46) of the Communications Act of 1934 (47 U.S.C. 153(46)) and includes communications services (as defined in section 4251 of the Internal Revenue Code of 1986). (10) Tax on internet access.--The term ``tax on Internet access'' means a tax on Internet access, including the enforcement or application of any new or preexisting tax on the sale or use of Internet services unless such tax was generally imposed and actually enforced prior to October 1, 1998.
Title XII—OTHER PROVISIONS
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.
Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)-- (i) by striking ``and'' at the end of clause (i); (ii) by inserting ``and'' at the end of clause (ii); and
(iii) by inserting after clause (ii) the following new clause: ``(iii) United States electronic commerce,''; and (B) in subparagraph (C)-- (i) by striking ``and'' at the end of clause (i); (ii) by inserting ``and'' at the end of clause (ii); (iii) by inserting after clause (ii) the following new clause: ``(iii) the value of additional United States electronic commerce,''; and (iv) by inserting ``or transacted with,'' after ``or invested in''; (2) in subsection (a)(2)(E)-- (A) by striking ``and'' at the end of clause (i); (B) by inserting ``and'' at the end of clause (ii); and (C) by inserting after clause (ii) the following new clause: ``(iii) the value of electronic commerce transacted with,''; and (3) by adding at the end the following new subsection:
``(d) Electronic Commerce.--For purposes of this section, the term `electronic commerce' has the meaning given that term in section 1104(3) of the Internet Tax Freedom Act.''.
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).
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.
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.
If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected.
Title XIII
This title may be cited as the ``Children's Online Privacy Protection Act of 1998''.
In this title: (1) Child.--The term ``child'' means an individual under the age of 13. (2) Operator.--The term ``operator''-- (A) means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce-- (i) among the several States or with 1 or more foreign nations; (ii) in any territory of the United States or in the District of Columbia, or between any such territory and-- (I) another such territory; or (II) any State or foreign nation; or (iii) between the District of Columbia and any State, territory, or foreign nation; but (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Disclosure.--The term ``disclosure'' means, with respect to personal information-- (A) the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the
internal operations of the website and does not disclose or use that information for any other purpose; and (B) making personal information collected from a child by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through-- (i) a home page of a website; (ii) a pen pal service; (iii) an electronic mail service; (iv) a message board; or (v) a chat room. (5) Federal agency.--The term ``Federal agency'' means an agency, as that term is defined in section 551(1) of title 5, United States Code. (6) Internet.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (7) Parent.--The term ``parent'' includes a legal guardian. (8) Personal information.--The term ``personal information'' means individually identifiable information about an individual collected online, including-- (A) a first and last name; (B) a home or other physical address including street name and name of a city or town; (C) an e-mail address; (D) a telephone number; (E) a Social Security number; (F) any other identifier that the Commission determines permits the physical or online contacting of a specific individual; or (G) information concerning the child or the parents of that child that the website collects online from the child and combines with an identifier described in this paragraph. (9) Verifiable parental consent.--The term ``verifiable parental consent'' means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator's personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child. (10) Website or online service directed to children.-- (A) In general.--The term ``website or online service directed to children'' means-- (i) a commercial website or online service that is targeted to children; or (ii) that portion of a commercial website or online service that is targeted to children.
(B) Limitation.--A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link. (11) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. (12) Online contact information.--The term ``online contact information'' means an e-mail address or another substantially similar identifier that permits direct contact with a person online.
ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET. (a) Acts Prohibited.-- (1) In general.--It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b). (2) Disclosure to parent protected.--Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child. (b) Regulations.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that-- (A) require the operator of any website or online service directed to children that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child-- (i) to provide notice on the website of what information is collected from children by the operator, how the operator uses such information, and the operator's disclosure practices for such information; and (ii) to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children; (B) require the operator to provide, upon request of a parent under this subparagraph whose child has provided personal information to that website or online service, upon proper identification of that parent, to such parent-- (i) a description of the specific types of personal information collected from the child by that operator; (ii) the opportunity at any time to refuse to permit the operator's further use or maintenance in
retrievable form, or future online collection, of personal information from that child; and (iii) notwithstanding any other provision of law, a means that is reasonable under the circumstances for the parent to obtain any personal information collected from that child; (C) prohibit conditioning a child's participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity; and (D) require the operator of such a website or online service to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. (2) When consent not required.--The regulations shall provide that verifiable parental consent under paragraph (1)(A)(ii) is not required in the case of-- (A) online contact information collected from a child that is used only to respond directly on a one- time basis to a specific request from the child and is not used to recontact the child and is not maintained in retrievable form by the operator; (B) a request for the name or online contact information of a parent or child that is used for the sole purpose of obtaining parental consent or providing notice under this section and where such information is not maintained in retrievable form by the operator if parental consent is not obtained after a reasonable time; (C) online contact information collected from a child that is used only to respond more than once directly to a specific request from the child and is not used to recontact the child beyond the scope of that request-- (i) if, before any additional response after the initial response to the child, the operator uses reasonable efforts to provide a parent notice of the online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or (ii) without notice to the parent in such circumstances as the Commission may determine are appropriate, taking into consideration the benefits to the child of access to information and services, and risks to the security and privacy of the child, in regulations promulgated under this subsection; (D) the name of the child and online contact information (to the extent reasonably necessary to protect the safety of a child participant on the site)-- (i) used only for the purpose of protecting such safety; (ii) not used to recontact the child or for any other purpose; and (iii) not disclosed on the site, if the operator uses reasonable efforts to provide a parent notice of the name and online contact information collected from the child, the purposes for which it is to be used,
and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or (E) the collection, use, or dissemination of such information by the operator of such a website or online service necessary-- (i) to protect the security or integrity of its website; (ii) to take precautions against liability; (iii) to respond to judicial process; or (iv) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. (3) Termination of service.--The regulations shall permit the operator of a website or an online service to terminate service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator's further use or maintenance in retrievable form, or future online collection, of personal information from that child.
(c) Enforcement.--Subject to sections 1304 and 1306, a violation of a regulation prescribed under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (d) Inconsistent State Law.--No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this title that is inconsistent with the treatment of those activities or actions under this section.
(a) Guidelines.--An operator may satisfy the requirements of regulations issued under section 1303(b) by following a set of self- regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, approved under subsection (b). (b) Incentives.-- (1) Self-regulatory incentives.--In prescribing regulations under section 1303, the Commission shall provide incentives for self-regulation by operators to implement the protections afforded children under the regulatory requirements described in subsection (b) of that section. (2) Deemed compliance.--Such incentives shall include provisions for ensuring that a person will be deemed to be in compliance with the requirements of the regulations under section 1303 if that person complies with guidelines that, after notice and comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under section 1303. (3) Expedited response to requests.--The Commission shall act upon requests for safe harbor treatment within 180 days of the filing of the request, and shall set forth in writing its conclusions with regard to such requests.
(c) Appeals.--Final action by the Commission on a request for approval of guidelines, or the failure to act within 180 days on a request for approval of guidelines, submitted under subsection
(b) may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5, United States Code.
(a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the regulation; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
(b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (3) Amicus curiae.--Upon application to the court, a person whose self-regulatory guidelines have been approved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding.
(c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to--
(1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 1303, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found.
ACT. (a) In General.--Except as otherwise provided, this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Provisions.--Compliance with the requirements imposed under this title shall be enforced under-- (1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of-- (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et seq. and 611 et. seq.), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board with respect to any Federal credit union; (4) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part; (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et. seq.) (except as provided in section 406 of that Act (7
U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law. (d) Actions by the Commission.--The Commission shall prevent any person from violating a rule of the Commission under section 1303 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any entity that violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title. (e) Effect on Other Laws.--Nothing contained in the Act shall be construed to limit the authority of the Commission under any other provisions of law.
Not later than 5 years after the effective date of the regulations initially issued under section 1303, the Commission shall-- (1) review the implementation of this title, including the effect of the implementation of this title on practices relating to the collection and disclosure of information relating to children, children's ability to obtain access to information of their choice online, and on the availability of websites directed to children; and (2) prepare and submit to Congress a report on the results of the review under paragraph (1).
Sections 1303(a), 1305, and 1306 of this title take effect on the later of-- (1) the date that is 18 months after the date of enactment of this Act; or (2) the date on which the Commission rules on the first application filed for safe harbor treatment under section 1304 if the Commission does not rule on the first such application within one year after the date of enactment of this Act, but in no case later than the date that is 30 months after the date of enactment of this Act.
Title XIV—CHILD
This title may be cited as the ``Child Online Protection Act''.
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.
COMMERCIALLY DISTRIBUTED BY MEANS OF THE WORLD WIDE WEB THAT ARE HARMFUL TO MINORS.
Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section:
``SEC. 231. RESTRICTION OF ACCESS BY MINORS TO MATERIALS COMMERCIALLY DISTRIBUTED BY MEANS OF WORLD WIDE WEB THAT ARE HARMFUL TO MINORS.
``(a) Requirement To Restrict Access.-- ``(1) Prohibited conduct.--Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both. ``(2) Intentional violations.--In addition to the penalties under paragraph (1), whoever intentionally violates such paragraph shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. ``(3) Civil penalty.--In addition to the penalties under paragraphs (1) and (2), whoever violates paragraph (1) shall be subject to a civil penalty of not more than $50,000 for
each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
``(b) Inapplicability of Carriers and Other Service Providers.--For purposes of subsection (a), a person shall not be considered to make any communication for commercial purposes to the extent that such person is-- ``(1) a telecommunications carrier engaged in the provision of a telecommunications service; ``(2) a person engaged in the business of providing an Internet access service; ``(3) a person engaged in the business of providing an Internet information location tool; or ``(4) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, except that such person's deletion of a particular communication or material made by another person in a manner consistent with subsection (c) or section 230 shall not constitute such selection or alteration of the content of the communication. ``(c) Affirmative Defense.-- ``(1) Defense.--It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors-- ``(A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; ``(B) by accepting a digital certificate that verifies age; or ``(C) by any other reasonable measures that are feasible under available technology. ``(2) Protection for use of defenses.--No cause of action may be brought in any court or administrative agency against any person on account of any activity that is not in violation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense authorized under this subsection or otherwise to restrict or prevent the transmission of, or access to, a communication specified in this section. ``(d) Privacy Protection Requirements.-- ``(1) Disclosure of information limited.--A person making a communication described in subsection (a)-- ``(A) shall not disclose any information collected for the purposes of restricting access to such communications to individuals 17 years of age or older without the prior written or electronic consent of-- ``(i) the individual concerned, if the individual is an adult; or ``(ii) the individual's parent or guardian, if the individual is under 17 years of age; and ``(B) shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the person making such communication and the recipient of such communication. ``(2) Exceptions.--A person making a communication described in subsection (a) may disclose such information if the disclosure is--
``(A) necessary to make the communication or conduct a legitimate business activity related to making the communication; or ``(B) made pursuant to a court order authorizing such disclosure. ``(e) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(1) By means of the world wide web.--The term `by means of the World Wide Web' means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol. ``(2) Commercial purposes; engaged in the business.-- ``(A) Commercial purposes.--A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications. ``(B) Engaged in the business.--The term `engaged in the business' means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person's trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person's sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web. ``(3) Internet.--The term `Internet' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. ``(4) Internet access service.--The term `Internet access service' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services. ``(5) Internet information location tool.--The term `Internet information location tool' means a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links. ``(6) Material that is harmful to minors.--The term `material that is harmful to minors' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that--
``(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; ``(B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and ``(C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. ``(7) Minor.--The term `minor' means any person under 17 years of age.''.
(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)''.
CHILD PROTECTION. (a) Establishment.--There is hereby established a temporary Commission to be known as the Commission on Online Child Protection (in this section referred to as the ``Commission'') for the purpose of conducting a study under this section regarding methods to help reduce access by minors to material that is harmful to minors on the Internet. (b) Membership.--The Commission shall be composed of 19 members, as follows: (1) Industry members.--The Commission shall include-- (A) 2 members who are engaged in the business of providing Internet filtering or blocking services or software; (B) 2 members who are engaged in the business of providing Internet access services; (C) 2 members who are engaged in the business of providing labeling or ratings services; (D) 2 members who are engaged in the business of providing Internet portal or search services; (E) 2 members who are engaged in the business of providing domain name registration services;
(F) 2 members who are academic experts in the field of technology; and (G) 4 members who are engaged in the business of making content available over the Internet. Of the members of the Commission by reason of each subparagraph of this paragraph, an equal number shall be appointed by the Speaker of the House of Representatives and by the Majority Leader of the Senate. (2) Ex officio members.--The Commission shall include the following officials: (A) The Assistant Secretary (or the Assistant Secretary's designee). (B) The Attorney General (or the Attorney General's designee). (C) The Chairman of the Federal Trade Commission (or the Chairman's designee).
(c) Study.-- (1) In general.--The Commission shall conduct a study to identify technological or other methods that-- (A) will help reduce access by minors to material that is harmful to minors on the Internet; and (B) may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title). Any methods so identified shall be used as the basis for making legislative recommendations to the Congress under subsection (d)(3). (2) Specific methods.--In carrying out the study, the Commission shall identify and analyze various technological tools and methods for protecting minors from material that is harmful to minors, which shall include (without limitation)-- (A) a common resource for parents to use to help protect minors (such as a ``one-click-away'' resource); (B) filtering or blocking software or services; (C) labeling or rating systems; (D) age verification systems; (E) the establishment of a domain name for posting of any material that is harmful to minors; and (F) any other existing or proposed technologies or methods for reducing access by minors to such material. (3) Analysis.--In analyzing technologies and other methods identified pursuant to paragraph (2), the Commission shall examine-- (A) the cost of such technologies and methods; (B) the effects of such technologies and methods on law enforcement entities; (C) the effects of such technologies and methods on privacy; (D) the extent to which material that is harmful to minors is globally distributed and the effect of such technologies and methods on such distribution; (E) the accessibility of such technologies and methods to parents; and (F) such other factors and issues as the Commission considers relevant and appropriate.
(d) Report.--Not later than 1 year after the enactment of this Act, the Commission shall submit a report to the Congress
containing the results of the study under this section, which shall include-- (1) a description of the technologies and methods identified by the study and the results of the analysis of each such technology and method; (2) the conclusions and recommendations of the Commission regarding each such technology or method; (3) recommendations for legislative or administrative actions to implement the conclusions of the committee; and (4) a description of the technologies or methods identified by the study that may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title).
(e) Staff and Resources.--The Assistant Secretary for Communication and Information of the Department of Commerce shall provide to the Commission such staff and resources as the Assistant Secretary determines necessary for the Commission to perform its duty efficiently and in accordance with this section. (f) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (d). (g) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
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
This title may be cited as the ``Vaccine Injury Compensation Program Modification Act''.
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''.
(a) In General.--Section 4132(1) of the Internal Revenue Code of 1986 (defining taxable vaccine) is amended by adding at the end the following new subparagraph: ``(K) Any vaccine against rotavirus gastroenteritis.''.
(b) Effective Date.-- (1) Sales.--The amendment made by this section shall apply to sales after the date of the enactment of this Act. (2) Deliveries.--For purposes of paragraph (1), in the case of sales on or before the date of the enactment of this Act for which delivery is made after such date, the delivery date shall be considered the sale date.
(a) Amendments Related to Section 904 of 1997 Act.--
(1) Paragraph (1) of section 9510(c) of the 1986 Code is amended to read as follows: ``(1) In general.--Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for-- ``(A) the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on August 6, 1997) for vaccine-related injury or death with respect to any vaccine-- ``(i) which is administered after September 30, 1988, and ``(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time the vaccine was administered, or ``(B) the payment of all expenses of administration incurred by the Federal Government in administering such subtitle.''. (2) Section 9510(b) of the 1986 Code is amended by adding at the end the following new paragraph: ``(3) Limitation on transfers to vaccine injury compensation trust fund.--No amount may be appropriated to the Vaccine Injury Compensation Trust Fund on and after the date of any expenditure from the Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to-- ``(A) any provision of law which is not contained or referenced in this title or in a revenue Act, and ``(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.''.
(b) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Taxpayer Relief Act of 1997 to which they relate.
Title XVI—SERVICE
This title may be cited as the ``Persian Gulf War Veterans Act of 1998''.
WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF WAR.
(a) In General.--(1) Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following:
``Sec. 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War
``(a)(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.
``(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that-- ``(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and ``(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine.
``(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or medicine or vaccine by reason of such service.
``(b)(1)(A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section.
``(B) A determination referred to in subparagraph (A) is a determination based on sound medical and scientific evidence that a positive association exists between-- ``(i) the exposure of humans or animals to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Southwest Asia theater of operations during the Persian Gulf War; and ``(ii) the occurrence of a diagnosed or undiagnosed illness in humans or animals.
``(2)(A) In making determinations for purposes of paragraph (1), the Secretary shall take into account-- ``(i) the reports submitted to the Secretary by the National Academy of Sciences under section 1603 of the Persian Gulf War Veterans Act of 1998; and ``(ii) all other sound medical and scientific information and analyses available to the Secretary.
``(B) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(3) An association between the occurrence of an illness in humans or animals and exposure to an agent, hazard, or medicine or vaccine shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(c)(1) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences
under section 1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall determine whether or not a presumption of service connection is warranted for each illness, if any, covered by the report. ``(2) If the Secretary determines under this subsection that a presumption of service connection is warranted, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary's determination.
``(3)(A) If the Secretary determines under this subsection that a presumption of service connection is not warranted, the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The notice shall include an explanation of the scientific basis for the determination.
``(B) If an illness already presumed to be service connected under this section is subject to a determination under subparagraph (A), the Secretary shall, not later than 60 days after publication of the notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness.
``(4) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance.
``(d) Whenever the presumption of service connection for an illness under this section is removed under subsection (c)-- ``(1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and ``(2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.
``(e) Subsections (b) through (d) shall cease to be effective 10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.''.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1117 the following new item:
``1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War.''.
(b) Conforming Amendments.--Section 1113 of title 38, United States Code, is amended-- (1) by striking out ``or 1117'' each place it appears and inserting in lieu thereof ``1117, or 1118''; and (2) in subsection (a), by striking out ``or 1116'' and inserting in lieu thereof ``, 1116, or 1118''.
(c) Compensation for Undiagnosed Gulf War Illnesses.--Section 1117 of title 38, United States Code, is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection (c):
``(c)(1) Whenever the Secretary determines under section 1118(c) of this title that a presumption of service connection for an undiagnosed illness (or combination of undiagnosed illnesses) previously established under this section is no longer warranted-- ``(A) a veteran who was awarded compensation under this section for such illness (or combination of illnesses) on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and ``(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.
``(2) This subsection shall cease to be effective 10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.''.
OF SCIENCES.
(a) Purpose.--The purpose of this section is to provide for the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between illnesses and exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service. (b) Agreement.--The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Sciences for the Academy to perform the activities covered by this section. The Secretary shall seek to enter into the agreement not later than two months after the date of enactment of this Act. (c) Identification of Agents and Illnesses.--(1) Under the agreement under subsection (b), the National Academy of Sciences shall-- (A) identify the biological, chemical, or other toxic agents, environmental or wartime hazards, or preventive medicines or vaccines to which members of the Armed Forces who served in the Southwest Asia theater of operations during the Persian Gulf War may have been exposed by reason of such service; and (B) identify the illnesses (including diagnosed illnesses and undiagnosed illnesses) that are manifest in such members.
(2) In identifying illnesses under paragraph (1)(B), the Academy shall review and summarize the relevant scientific evidence regarding illnesses among the members described in paragraph (1)(A) and among other appropriate populations of individuals, including mortality, symptoms, and adverse reproductive health outcomes among such members and individuals. (d) Initial Consideration of Specific Agents.--(1) In identifying under subsection (c) the agents, hazards, or preventive medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of the first report under subsection (i), the National Academy of Sciences shall consider, within the first six months after the date of enactment of this Act, the following: (A) The following organophosphorous pesticides: (i) Chlorpyrifos.
(ii) Diazinon. (iii) Dichlorvos. (iv) Malathion. (B) The following carbamate pesticides: (i) Proxpur. (ii) Carbaryl. (iii) Methomyl. (C) The carbamate pyridostigmine bromide used as nerve agent prophylaxis. (D) The following chlorinated hydrocarbon and other pesticides and repellents: (i) Lindane. (ii) Pyrethrins. (iii) Permethrins. (iv) Rodenticides (bait). (v) Repellent (DEET). (E) The following low-level nerve agents and precursor compounds at exposure levels below those which produce immediately apparent incapacitating symptoms: (i) Sarin. (ii) Tabun. (F) The following synthetic chemical compounds: (i) Mustard agents at levels below those which cause immediate blistering. (ii) Volatile organic compounds. (iii) Hydrazine. (iv) Red fuming nitric acid. (v) Solvents. (vi) Uranium. (G) The following ionizing radiation: (i) Depleted uranium. (ii) Microwave radiation. (iii) Radio frequency radiation. (H) The following environmental particulates and pollutants: (i) Hydrogen sulfide. (ii) Oil fire byproducts. (iii) Diesel heater fumes. (iv) Sand micro-particles. (I) Diseases endemic to the region (including the following): (i) Leishmaniasis. (ii) Sandfly fever. (iii) Pathogenic escherechia coli. (iv) Shigellosis. (J) Time compressed administration of multiple live, `attenuated', and toxoid vaccines.
(2) The consideration of agents, hazards, and medicines and vaccines under paragraph (1) shall not preclude the Academy from identifying other agents, hazards, or medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of any report under subsection (i).
(3) Not later than six months after the date of enactment of this Act, the Academy shall submit to the designated congressional committees a report specifying the agents, hazards, and medicines and vaccines considered under paragraph (1).
(e) Determinations of Associations Between Agents and Illnesses.-- (1) For each agent, hazard, or medicine or vaccine
and illness identified under subsection (c), the National Academy of Sciences shall determine, to the extent that available scientific data permit meaningful determinations-- (A) whether a statistical association exists between exposure to the agent, hazard, or medicine or vaccine and the illness, taking into account the strength of the scientific evidence and the appropriateness of the scientific methodology used to detect the association; (B) the increased risk of the illness among human or animal populations exposed to the agent, hazard, or medicine or vaccine; and (C) whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the agent, hazard, or medicine or vaccine and the illness.
(2) The Academy shall include in its reports under subsection (i) a full discussion of the scientific evidence and reasoning that led to its conclusions under this subsection. (f) Review of Potential Treatment Models for Certain Illnesses.-- Under the agreement under subsection (b), the National Academy of Sciences shall separately review, for each chronic undiagnosed illness identified under subsection (c)(1)(B) and for any other chronic illness that the Academy determines to warrant such review, the available scientific data in order to identify empirically valid models of treatment for such illnesses which employ successful treatment modalities for populations with similar symptoms. (g) Recommendations for Additional Scientific Studies.--(1) Under the agreement under subsection (b), the National Academy of Sciences shall make any recommendations that it considers appropriate for additional scientific studies (including studies relating to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service. (2) In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies. (h) Subsequent Reviews.--(1) Under the agreement under subsection (b), the National Academy of Sciences shall conduct on a periodic and ongoing basis additional reviews of the evidence and data relating to its activities under this section. (2) As part of each review under this subsection, the Academy shall-- (A) conduct as comprehensive a review as is practicable of the evidence referred to in subsection (c) and the data referred to in subsections (e), (f), and (g) that became available since the last review of such evidence and data under this section; and (B) make determinations under the subsections referred to in subparagraph (A) on the basis of the results of such review and all other reviews previously conducted for purposes of this section.
(i) Reports.--(1) Under the agreement under subsection (b), the National Academy of Sciences shall submit to the committees and officials referred to in paragraph (5) periodic written reports regarding the Academy's activities under the agreement.
(2) The first report under paragraph (1) shall be submitted not later than 18 months after the date of enactment of this Act. That report shall include-- (A) the determinations and discussion referred to in subsection (e); (B) the results of the review of models of treatment under subsection (f); and (C) any recommendations of the Academy under subsection (g).
(3) Reports shall be submitted under this subsection at least once every two years, as measured from the date of the report under paragraph (2). (4) In any report under this subsection (other than the report under paragraph (2)), the Academy may specify an absence of meaningful developments in the scientific or medical community with respect to the activities of the Academy under this section during the 2-year period ending on the date of such report.
(5) Reports under this subsection shall be submitted to the following: (A) The designated congressional committees. (B) The Secretary of Veterans Affairs. (C) The Secretary of Defense. (j) Sunset.--This section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences submits the first report under subsection (i). (k) Alternative Contract Scientific Organization.--(1) If the Secretary is unable within the time period set forth in subsection (b) to enter into an agreement with the National Academy of Sciences for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for purposes of this section with another appropriate scientific organization that is not part of the Government, operates as a not-for-profit entity, and has expertise and objectivity comparable to that of the National Academy of Sciences. (2) If the Secretary enters into an agreement with another organization under this subsection, any reference in this section and section 1118 of title 38, United States Code (as added by section 1602(a)), to the National Academy of Sciences shall be treated as a reference to such other organization.
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.
In this title: (1) The term ``toxic agent, environmental or wartime hazard, or preventive medicine or vaccine associated with Gulf War service'' means a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine that is known or presumed to be associated with service
in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War, whether such association arises as a result of single, repeated, or sustained exposure and whether such association arises through exposure singularly or in combination. (2) The term ``designated congressional committees'' means the following: (A) The Committees on Veterans' Affairs and Armed Services of the Senate. (B) The Committees on Veterans' Affairs and National Security of the House of Representatives. (3) The term ``Persian Gulf War'' has the meaning given that term in section 101(33) of title 38, United States Code.
TITLE <<NOTE: Government Paperwork Elimination Act. 44 USC 3504 note.>> XVII--GOVERNMENT PAPERWORK ELIMINATION ACT
This title may be cited as the ``Government Paperwork Elimination Act''.
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.''.
EXECUTIVE AGENCIES.
(a) In General.--In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106) and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, in consultation with the National Telecommunications and Information Administration and not later than 18 months after the date of enactment of this Act, develop procedures for the use and acceptance of electronic signatures by Executive agencies. (b) Requirements for Procedures.--(1) The procedures developed under subsection (a)-- (A) shall be compatible with standards and technology for electronic signatures that are generally used in commerce and industry and by State governments; (B) may not inappropriately favor one industry or technology; (C) shall ensure that electronic signatures are as reliable as is appropriate for the purpose in question and keep intact the information submitted; (D) shall provide for the electronic acknowledgment of electronic forms that are successfully submitted; and (E) shall, to the extent feasible and appropriate, require an Executive agency that anticipates receipt by electronic
means of 50,000 or more submittals of a particular form to take all steps necessary to ensure that multiple methods of electronic signatures are available for the submittal of such form. (2) The Director shall ensure the compatibility of the procedures under paragraph (1)(A) in consultation with appropriate private bodies and State government entities that set standards for the use and acceptance of electronic signatures.
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.
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.
(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).
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.
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.
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.
For purposes of this title: (1) Electronic signature.--The term ``electronic signature'' means a method of signing an electronic message that-- (A) identifies and authenticates a particular person as the source of the electronic message; and (B) indicates such person's approval of the information contained in the electronic message. (2) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code.
DIVISION D--DRUG DEMAND REDUCTION ACT
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
Title II—STATEMENT OF NATIONAL ANTIDRUG POLICY
Title I—TARGETED
This subtitle may be cited as the ``Drug-Free Media Campaign Act of 1998''.
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.
(a) Authorized Uses.-- (1) In general.--Amounts made available to carry out this subtitle for the support of the national media campaign may only be used for-- (A) the purchase of media time and space; (B) talent reuse payments; (C) out-of-pocket advertising production costs; (D) testing and evaluation of advertising; (E) evaluation of the effectiveness of the media campaign; (F) the negotiated fees for the winning bidder on request for proposals issued by the Office of National Drug Control Policy; (G) partnerships with community, civic, and professional groups, and government organizations related to the media campaign; and
(H) entertainment industry collaborations to fashion antidrug messages in motion pictures, television programing, popular music, interactive (Internet and new) media projects and activities, public information, news media outreach, and corporate sponsorship and participation. (2) Advertising.--In carrying out this subtitle, the Director shall devote sufficient funds to the advertising portion of the national media campaign to meet the stated reach and frequency goals of the campaign.
(b) Prohibitions.--None of the amounts made available under section 105 may be obligated or expended-- (1) to supplant current antidrug community based coalitions; (2) to supplant current pro bono public service time donated by national and local broadcasting networks; (3) for partisan political purposes; or (4) to fund media campaigns that feature any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations, unless the Director provides advance notice to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Government Reform and Oversight of the House of Representatives and the Committee on the Judiciary of the Senate.
(c) Matching Requirement.--Amounts made available under section 105 should be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions to the campaign of the same value.
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.
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
This subtitle may be cited as the ``Drug-Free Prisons and Jails Act of 1998''.
The purpose of this subtitle is to provide for the establishment of model programs for comprehensive treatment of substance-involved offenders in the criminal justice system to reduce drug abuse and drug- related crime, and reduce the costs of the criminal
justice system, that can be successfully replicated by States and local units of government through a comprehensive evaluation.
(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.
(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.
A unit of local government or State that receives a grant award under this subtitle shall use such funds to provide comprehensive treatment programs to inmates in prisons or jails, including not less than 3 of the following: (1) Tailored treatment programs to meet the special needs of different types of substance-involved offenders. (2) Random and frequent drug testing, including a system of sanctions. (3) Training and assistance for corrections officers and personnel to assist substance-involved offenders in correctional facilities.
(4) Clinical assessment of incoming substance-involved offenders. (5) Availability of religious and spiritual activity and counseling to provide an environment that encourages recovery from substance involvement in correctional facilities. (6) Education and vocational training. (7) A substance-free correctional facility policy.
(a) Evaluation.-- (1) In general.--The Director shall enter into a contract, with an evaluating agency that has demonstrated experience in the evaluation of substance abuse treatment, to conduct an evaluation that incorporates the criteria described in paragraph (2). (2) Evaluation criteria.--The Director, in consultation with the Directors of the appropriate National Institutes of Health, shall establish minimum criteria for evaluating each program. Such criteria shall include-- (A) reducing substance abuse among participants; (B) reducing recidivism among participants; (C) cost effectiveness of providing services to participants; and (D) a data collection system that will produce data comparable to that used by the Office of Applied Studies of the Substance Abuse and Mental Health Services Administration and the Bureau of Justice Statistics of the Office of Justice Programs.
(b) Report.--The Director shall submit to the appropriate committees, at the same time as the President's budget for fiscal year 2001 is submitted, a report that-- (1) describes the activities funded by grant awards under this subtitle; (2) includes the evaluation submitted pursuant to subsection (a); and (3) makes recommendations regarding revisions to the authorization of the program, including extension, expansion, application requirements, reduction, and termination.
In this subtitle: (1) Appropriate committees.--The term ``appropriate committees'' means the Committees on the Judiciary and the Committees on Appropriations of the House of Representatives and the Senate. (2) Director.--The term ``Director'' means the Director of the Bureau of Justice Assistance. (3) Substance-involved offender.--The term ``substance- involved offender'' means an individual under the supervision of a State or local criminal justice system, awaiting trial or serving a sentence imposed by the criminal justice system, who-- (A) violated or has been arrested for violating a drug or alcohol law; (B) was under the influence of alcohol or an illegal drug at the time the crime was committed; (C) stole property to buy illegal drugs; or
(D) has a history of substance abuse and addiction. (4) Unit of local government.--The term ``unit of local government'' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior and any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia, and the Trust Territory of the Pacific Islands.
(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
This subtitle may be cited as the ``Drug-Free Schools Quality Assurance Act''.
Subpart 3 of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7141 et seq.) is amended by adding at the end the following:
``SEC. 4134. QUALITY RATING.
``(a) In General.--The chief executive officer of each State, or in the case of a State in which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for education activities, such individual, entity, or agency, is authorized and encouraged-- ``(1) to establish a standard of quality for drug, alcohol, and tobacco prevention programs implemented in public elementary schools and secondary schools in the State in accordance with subsection (b); and ``(2) to identify and designate, upon application by a public elementary school or secondary school, any such school that achieves such standard as a quality program school.
``(b) Criteria.--The standard referred to in subsection (a) shall address, at a minimum-- ``(1) a comparison of the rate of illegal use of drugs, alcohol, and tobacco by students enrolled in the school for a period of time to be determined by the chief executive officer of the State; ``(2) the rate of suspensions or expulsions of students enrolled in the school for drug, alcohol, or tobacco-related offenses; ``(3) the effectiveness of the drug, alcohol, or tobacco prevention program as proven by research;
``(4) the involvement of parents and community members in the design of the drug, alcohol, and tobacco prevention program; and ``(5) the extent of review of existing community drug, alcohol, and tobacco prevention programs before implementation of the public school program.
``(c) Request for Quality Program School Designation.--A school that wishes to receive a quality program school designation shall submit a request and documentation of compliance with this section to the chief executive officer of the State or the individual, entity, or agency described in subsection (a), as the case may be. ``(d) Public Notification.--Not less than once a year, the chief executive officer of each State or the individual, entity, or agency described in subsection (a), as the case may be, shall make available to the public a list of the names of each public school in the State that has received a quality program school designation in accordance with this section.''.
Title II—STATEMENT OF NATIONAL ANTIDRUG POLICY
(a) Findings.--Congress finds the following: (1) Illegal drug use is dangerous to the physical well-being of the Nation's youth. (2) Illegal drug use can destroy the lives of the Nation's youth by diminishing their sense of morality and with it everything in life that is important and worthwhile. (3) According to recently released national surveys, drug use among the Nation's youth remains at alarmingly high levels. (4) National leadership is critical to conveying to the Nation's youth the message that drug use is dangerous and wrong. (5) National leadership can help mobilize every sector of the community to support the implementation of comprehensive, sustainable, and effective programs to reduce drug abuse. (6) As of September 1, 1998, 76 Members of the House of Representatives were establishing community-based antidrug coalitions in their congressional districts or were actively supporting such coalitions that already existed. (7) The individual Members of the House of Representatives can best help their constituents prevent drug use among the Nation's youth by establishing community-based antidrug coalitions in their congressional districts or by actively supporting such coalitions that already exist.
(b) Sense of Congress.--It is the sense of Congress that the individual Members of the House of Representatives, including the Delegates and the Resident Commissioner, should establish community- based antidrug coalitions in their congressional districts or should actively support any such coalitions that have been established.
Subtitle B--Rejection of Legalization of Drugs
(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
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.--
(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
This division may be cited as the ``Methamphetamine Trafficking Penalty Enhancement Act of 1998''.
(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''.
OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING GRANTS PROGRAM.
Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows:
``(b) Additional Requirements.-- ``(1) Eligibility for grant.--To be eligible to receive a grant under section 20103 or section 20104, a State shall-- ``(A) provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after the date of the enactment of this subtitle, policies that provide for the recognition of the rights of crime victims; and ``(B) subject to the limitation of paragraph (2), no later than September 1, 2000, consider a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and post-incarceration and criminal justice supervision, with sanctions including denial or revocation of release for positive drug tests, consistent with guidelines issued by the Attorney General. ``(2) Use of funds.--Beginning in fiscal year 1999, not more than 10 percent of the funds provided under section 20103 or section 20104 of this subtitle may be applied to the cost of offender drug testing and intervention programs during periods of incarceration and post-incarceration criminal justice supervision, consistent with guidelines issued by the Attorney General. Further, such funds may be used by the States to pay the costs of providing to the Attorney General a baseline study on their prison drug abuse problem. Such studies shall be consistent with guidelines issued by the Attorney General.''.
DIVISION F--NOT LEGALIZING MARIJUANA FOR MEDICINAL USE
It is the sense of the Congress that-- (1) certain drugs are listed on Schedule I of the Controlled Substances Act if they have a high potential for abuse, lack any currently accepted medical use in treatment, and are unsafe, even under medical supervision; (2) the consequences of illegal use of Schedule I drugs are well documented, particularly with regard to physical health, highway safety, and criminal activity; (3) pursuant to section 401 of the Controlled Substances Act, it is illegal to manufacture, distribute, or dispense marijuana, heroin, LSD, and more than 100 other Schedule I drugs; (4) pursuant to section 505 of the Federal Food, Drug and Cosmetic Act, before any drug can be approved as a medication in the United States, it must meet extensive scientific and medical standards established by the Food and Drug Administration to ensure it is safe and effective; (5) marijuana and other Schedule I drugs have not been approved by the Food and Drug Administration to treat any disease or condition; (6) the Federal Food, Drug and Cosmetic Act already prohibits the sale of any unapproved drug, including marijuana, that
has not been proven safe and effective for medical purposes and grants the Food and Drug Administration the authority to enforce this prohibition through seizure and other civil action, as well as through criminal penalties; (7) marijuana use by children in grades 8 through 12 declined steadily from 1980 to 1992, but, from 1992 to 1996, has dramatically increased by 253 percent among 8th graders, 151 percent among 10th graders, and 84 percent among 12th graders, and the average age of first-time use of marijuana is now younger than it has ever been; (8) according to the 1997 survey by the Center on Addiction and Substance Abuse at Columbia University, 500,000 8th graders began using marijuana in the 6th and 7th grades; (9) according to that same 1997 survey, youths between the ages of 12 and 17 who use marijuana are 85 times more likely to use cocaine than those who abstain from marijuana, and 60 percent of adolescents who use marijuana before the age of 15 will later use cocaine; and (10) the rate of illegal drug use among youth is linked to their perceptions of the health and safety risks of those drugs, and the ambiguous cultural messages about marijuana use are contributing to a growing acceptance of marijuana use among children and teenagers; (11) Congress continues to support the existing Federal legal process for determining the safety and efficacy of drugs and opposes efforts to circumvent this process by legalizing marijuana, and other Schedule I drugs, for medicinal use without valid scientific evidence and the approval of the Food and Drug Administration; and (12) not later than 90 days after the date of the enactment of this Act-- (A) the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on-- (i) the total quantity of marijuana eradicated in the United States during the period from 1992 through 1997; and (ii) the annual number of arrests and prosecutions for Federal marijuana offenses during the period described in clause (i); and (B) the Commissioner of Foods and Drugs shall submit to the Committee on Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on the specific efforts underway to enforce sections 304 and 505 of the Federal Food, Drug and Cosmetic Act with respect to marijuana and other Schedule I drugs.
DIVISION <<NOTE: Foreign Affairs Reform and Restructuring Act of 1998. 22 USC 6501 note.>> G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
This division may be cited as the ``Foreign Affairs Reform and Restructuring Act of 1998''.
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
Title XII—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Title XIII—UNITED STATES INFORMATION AGENCY
Title XIV—UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Title XV—AGENCY FOR INTERNATIONAL DEVELOPMENT
Title XVI—TRANSITION
Title XX—GENERAL PROVISIONS
Title XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
Title XXII—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Title XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
Title XXIV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
Title XXV—INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS
Title XXVI—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Title XXVII—EUROPEAN SECURITY ACT OF 1998
Title XXVIII—OTHER FOREIGN POLICY PROVISIONS
Title XI—GENERAL PROVISIONS
This subdivision may be cited as the ``Foreign Affairs Agencies Consolidation Act of 1998''.
The purposes of this subdivision are--
(1) to strengthen-- (A) the coordination of United States foreign policy; and (B) the leading role of the Secretary of State in the formulation and articulation of United States foreign policy; (2) to consolidate and reinvigorate the foreign affairs functions of the United States within the Department of State by-- (A) abolishing the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency, and transferring the functions of these agencies to the Department of State while preserving the special missions and skills of these agencies; (B) transferring certain functions of the Agency for International Development to the Department of State; and (C) providing for the reorganization of the Department of State to maximize the efficient use of resources, which may lead to budget savings, 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.
In this subdivision: (1) ACDA.--The term ``ACDA'' means the United States Arms Control and Disarmament Agency. (2) AID.--The term ``AID'' means the United States Agency for International Development. (3) Agency; federal agency.--The term ``agency'' or ``Federal agency'' means an Executive agency as defined in section 105 of title 5, United States Code. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (5) Covered agency.--The term ``covered agency'' means any of the following agencies: ACDA, USIA, IDCA, and AID. (6) Department.--The term ``Department'' means the Department of State. (7) Function.--The term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (8) IDCA.--The term ``IDCA'' means the United States International Development Cooperation Agency.
(9) Office.--The term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (10) Secretary.--The term ``Secretary'' means the Secretary of State. (11) USIA.--The term ``USIA'' means the United States Information Agency.
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
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
CONTROL AND DISARMAMENT AGENCY. The United States Arms Control and Disarmament Agency is abolished.
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.
Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651(b)) is amended-- (1) by striking ``There'' and inserting the following: ``(1) In general.--There''; and
(2) by adding at the end the following: ``(2) Under secretary for arms control and international security.--There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the Deputy Secretary in matters related to international security policy, arms control, and nonproliferation. Subject to the direction of the President, the Under Secretary may attend and participate in meetings of the National Security Council in his role as Senior Advisor to the President and the Secretary of State on Arms Control and Nonproliferation Matters.''.
CHAPTER 3--CONFORMING AMENDMENTS
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.
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).
The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is amended-- (1) in section 2 (22 U.S.C. 2551)-- (A) in the first undesignated paragraph, by striking ``creating a new agency of peace to deal with'' and inserting ``addressing''; (B) by striking the second undesignated paragraph; and (C) in the third undesignated paragraph-- (i) by striking ``This organization'' and inserting ``The Secretary of State''; (ii) by striking ``It shall have'' and inserting ``The Secretary shall have''; (iii) by striking ``and the Secretary of State''; (iv) by inserting ``, nonproliferation,'' after ``arms control'' in paragraph (1); (v) by striking paragraph (2);
(vi) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (vii) by striking ``, as appropriate,'' in paragraph (3) (as redesignated); (2) in section 3 (22 U.S.C. 2552), by striking subsection (c); (3) in the heading for title II, by striking ``ORGANIZATION'' and inserting ``SPECIAL REPRESENTATIVES AND VISITING SCHOLARS''; (4) in section 27 (22 U.S.C. 2567)-- (A) by striking the third sentence; (B) in the fourth sentence, by striking ``, acting through the Director''; and (C) in the fifth sentence, by striking ``Agency'' and inserting ``Department of State''; (5) in section 28 (22 U.S.C. 2568)-- (A) by striking ``Director'' each place it appears and inserting ``Secretary of State''; (B) in the second sentence-- (i) by striking ``Agency'' each place it appears and inserting ``Department of State''; and (ii) by striking ``Agency's'' and inserting ``Department of State's''; and (6) in section 31 (22 U.S.C. 2571)-- (A) by inserting ``this title in'' after ``powers in''; (B) by striking ``Director'' each place it appears and inserting ``Secretary of State''; (C) by striking ``insure'' each place it appears and inserting ``ensure''; (D) in the second sentence, by striking ``in accordance with procedures established under section 35 of this Act''; (E) in the fourth sentence by striking ``The authority'' and all that follows through ``disarmament:'' and inserting the following: ``The authority of the Secretary under this Act with respect to research, development, and other studies concerning arms control, nonproliferation, and disarmament shall be limited to participation in the following:''; and (F) in subsection (l), by inserting ``and'' at the end; (7) in section 32 (22 U.S.C. 2572)-- (A) by striking ``Director'' and inserting ``Secretary of State''; and (B) by striking ``subsection'' and inserting ``section''; (8) in section 33(a) (22 U.S.C. 2573(a))-- (A) by striking ``the Secretary of State,''; and (B) by striking ``Director'' and inserting ``Secretary of State''; (9) in section 34 (22 U.S.C. 2574)-- (A) in subsection (a)-- (i) in the first sentence, by striking ``Director'' and inserting ``Secretary of State''; (ii) in the first sentence, by striking ``and the Secretary of State''; (iii) in the first sentence, by inserting ``, nonproliferation,'' after ``in the fields of arms control''; (iv) in the first sentence, by striking ``and shall have primary responsibility, whenever directed by the
President, for the preparation, conduct, and management of the United States participation in international negotiations and implementation fora in the field of nonproliferation''; (v) in the second sentence, by striking ``section 27'' and inserting ``section 201''; and (vi) in the second sentence, by striking ``the'' after ``serve as''; (B) by striking subsection (b); (C) by redesignating subsection (c) as subsection (b); and (D) in subsection (b) (as redesignated)-- (i) in the text above paragraph (1), by striking ``Director'' and inserting ``Secretary of State''; (ii) by striking paragraph (1); and (iii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (10) in section 36 (22 U.S.C. 2576)-- (A) by striking ``Director'' each place it appears and inserting ``Secretary of State''; and (B) by striking ``, in accordance with the procedures established pursuant to section 35 of this Act,''; (11) in section 37 (22 U.S.C. 2577)-- (A) by striking ``Director'' and ``Agency'' each place it appears and inserting ``Secretary of State'' or ``Department of State'', respectively; and (B) by striking subsection (d); (12) in section 38 (22 U.S.C. 2578)-- (A) by striking ``Director'' each place it appears and inserting ``Secretary of State''; and (B) by striking subsection (c); (13) in section 41 (22 U.S.C. 2581)-- (A) by striking ``In the performance of his functions, the Director'' and inserting ``In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this Act''; (B) by striking ``Agency'', ``Agency's'', ``Director'', and ``Director's'' each place they appear and inserting ``Department of State'', ``Department of State's'', ``Secretary of State'', or ``Secretary of State's'', as appropriate; (C) in subsection (a), by striking the sentence that begins ``It is the intent''; (D) in subsection (b)-- (i) by striking ``appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5, United States Code, governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities,''; (ii) in paragraph (1), by striking ``exception'' and inserting ``subsection''; and (iii) in paragraph (2)--
(I) by striking ``exception'' and inserting ``subsection''; and (II) by striking ``ceiling'' and inserting ``positions allocated to carry out the purpose of this Act''; (E) by striking subsection (g); (F) by redesignating subsections (h), (i), and (j) as subsections (g), (h), and (i), respectively; (G) by amending subsection (f) to read as follows: ``(f) establish a scientific and policy advisory board to advise with and make recommendations to the Secretary of State on United States arms control, nonproliferation, and disarmament policy and activities. A majority of the board shall be composed of individuals who have a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who have distinguished themselves in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering. The members of the board may receive the compensation and reimbursement for expenses specified for consultants by subsection (d) of this section;''; and (H) in subsection (h) (as redesignated), by striking ``Deputy Director'' and inserting ``Under Secretary for Arms Control and International Security''; (14) in section 44 (22 U.S.C. 2584)-- (A) by striking ``conflict-of-interest and''; (B) by striking ``The members'' and all that follows through ``(5 U.S.C. 2263), or any other'' and inserting ``Members of advisory boards and consultants may serve as such without regard to any''; and (C) by inserting at the end the following new sentence: ``This section shall apply only to individuals carrying out activities related to arms control, nonproliferation, and disarmament.''; (15) in section 51 (22 U.S.C. 2593a)-- (A) in subsection (a)-- (i) in paragraphs (1) and (3), by inserting ``, nonproliferation,'' after ``arms control'' each place it appears; (ii) by striking ``Director, in consultation with the Secretary of State,'' and inserting ``Secretary of State with the concurrence of the Director of Central Intelligence and in consultation with''; (iii) by striking ``the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence'' and inserting ``and the Chairman of the Joint Chiefs of Staff''; (iv) by striking paragraphs (2) and (4); and (v) by redesignating paragraphs (3), (5), (6), and (7) as paragraphs (2) through (5), respectively; and (B) by adding at the end of subsection (b) the following: ``The portions of this report described in paragraphs (4) and (5) of subsection (a) shall summarize in detail, at least in classified annexes, the information, analysis, and conclusions relevant to possible noncompliance by other nations that are provided by United States intelligence agencies.'';
(16) in section 52 (22 U.S.C. 2593b), by striking ``Director'' and inserting ``Secretary of State''; (17) in section 61 (22 U.S.C. 2593a)-- (A) in paragraph (1), by striking ``United States Arms Control and Disarmament Agency'' and inserting ``Department of State''; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; (D) in paragraph (4) (as redesignated), by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (E) in paragraph (6) (as redesignated), by striking ``United States Arms Control and Disarmament Agency and the''; (18) in section 62 (22 U.S.C. 2595a)-- (A) in subsection (c)-- (i) in the subsection heading, by striking ``Director'' and inserting ``Secretary of State''; and (ii) by striking ``2(d), 22, and 34(c)'' and inserting ``102(3) and 304(b)''; and (B) by striking ``Director'' and inserting ``Secretary of State''; (19) in section 64 (22 U.S.C. 2595b-1)-- (A) by striking the section title and inserting ``SEC. 503. REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.''; (B) by striking subsection (a); and (C) in subsection (b)-- (i) by striking ``(b) Review of Certain Reprogramming Notifications.--''; and (ii) by striking ``Foreign Affairs'' and inserting ``International Relations''; (20) in section 65(1) (22 U.S.C. 2595c(1)) by inserting ``of America'' after ``United States''; and (21) by redesignating sections 1, 2, 3, 27, 28, 31, 32, 33, 34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, and 65, as amended by this section, as sections 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 501, 502, 503, and 504, respectively.
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.''.
(a) Arms Export Control Act.--The Arms Export Control Act is amended-- (1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by striking ``Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense'' and inserting ``Secretary of State in consultation with the Secretary of Defense and the Director of Central Intelligence''; (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))-- (A) in the first sentence, by striking ``be made in coordination with the Director of the United States Arms Control and Disarmament Agency, taking into account the Director's assessment as to'' and inserting ``take into account''; and (B) by striking the second sentence; (3) in section 42(a) (22 U.S.C. 2791(a))-- (A) in paragraph (1)(C), by striking ``the assessment of the Director of the United States Arms Control and Disarmament Agency as to''; (B) by striking ``(1)'' after ``(a)''; and (C) by striking paragraph (2); (4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``, the Director of the Arms Control and Disarmament Agency,''; (5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking ``and the Director of the United States Arms Control and Disarmament Agency''; (6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))-- (A) by striking ``, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency'' and inserting ``and the Secretary of Commerce''; and (B) by striking ``or the Director''; (7) in section 71(c) (22 U.S.C. 2797(c)), by striking ``with the Director of the United States Arms Control and Disarmament Agency,''; and (8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency'' and inserting ``and the Secretary of Commerce''.
(b) Foreign Assistance Act.--Section 511 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321d) is amended by striking ``be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account his opinion as to'' and inserting ``take into account''.
(c) United States Institute of Peace Act.-- (1) Section 1706(b) of the United States Institute of Peace Act (22 U.S.C. 4605(b)) is amended-- (A) by striking paragraph (3); (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (C) in paragraph (4) (as redesignated), by striking ``Eleven'' and inserting ``Twelve''. (2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) is amended by striking ``, Director of the Arms Control and Disarmament Agency''.
(d) Atomic Energy Act of 1954.--The Atomic Energy Act of 1954 is amended-- (1) in section 57b. (42 U.S.C. 2077(b))-- (A) in the first sentence, by striking ``the Arms Control and Disarmament Agency,''; and (B) in the second sentence, by striking ``the Director of the Arms Control and Disarmament Agency,''; (2) in section 109b. (42 U.S.C. 2129(b)), <<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), by striking ``the Director of the Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission'' and inserting ``and the Nuclear Regulatory Commission,''; (6) in section 131a. (42 U.S.C. 2160(a))-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``the Director,''; (ii) in the third sentence, by striking ``the Director declares that he intends'' and inserting ``the Secretary of State is required''; and (iii) in the third sentence, by striking ``the Director's declaration'' and inserting ``the requirement to prepare a Nuclear Proliferation Assessment Statement''; (B) in paragraph (2)-- (i) by striking ``Director's view'' and inserting ``view of the Secretary of State, Secretary of Energy, Secretary of Defense, or the Commission''; and
(ii) by striking ``he may prepare'' and inserting ``the Secretary of State, in consultation with such Secretary or the Commission, shall prepare''; and (7) in section 131c. (42 U.S.C. 2160(c))-- (A) in the first sentence, by striking ``, the Director of the Arms Control and Disarmament Agency,''; (B) in the sixth and seventh sentences, by striking ``Director'' each place it appears and inserting ``Secretary of State''; and (C) in the seventh sentence, by striking ``Director's'' and inserting ``Secretary of State's''.
(e) Nuclear Non-Proliferation Act of 1978.--The Nuclear Non- Proliferation Act of 1978 is amended-- (1) in section 4 (22 U.S.C. 3203)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively; (2) in section 102 (22 U.S.C. 3222), by striking ``, the Secretary of State, and the Director of the Arms Control and Disarmament Agency'' and inserting ``and the Secretary of State''; (3) in section 304(d) (42 U.S.C. 2156a), by striking ``the Secretary of Defense, and the Director,'' and inserting ``and the Secretary of Defense,''; (4) in section 309 (42 U.S.C. 2139a)-- (A) in subsection (b), by striking ``the Department of Commerce, and the Arms Control and Disarmament Agency'' and inserting ``and the Department of Commerce''; and (B) in subsection (c), by striking ``the Arms Control and Disarmament Agency,''; (5) in section 406 (42 U.S.C. 2160a), by inserting ``, or any annexes thereto,'' after ``Statement''; and (6) in section 602 (22 U.S.C. 3282)-- (A) in subsection (c), by striking ``the Arms Control and Disarmament Agency,''; and (B) in subsection (e), by striking ``and the Director''.
(f) State Department Basic Authorities Act of 1956.--Section 23(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695(a)) is amended by striking ``the Agency for International Development, and the Arms Control and Disarmament Agency'' and inserting ``and the Agency for International Development''. (g) Foreign Relations Authorization Act of 1972.--Section 502 of the Foreign Relations Authorization Act of 1972 (2 U.S.C. 194a) is amended by striking ``the United States Arms Control and Disarmament Agency,''. (h) Title 49.--Section 40118(d) of title 49, United States Code, is amended by striking ``, or the Director of the Arms Control and Disarmament Agency''.
Title XIII—UNITED STATES INFORMATION AGENCY
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
AGENCY.
The United States Information Agency (other than the Broadcasting Board of Governors and the International Broadcasting Bureau) is abolished.
(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.
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.''.
GENERAL OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General of the United States Information Agency is abolished. (b) Amendments to Inspector General Act of 1978.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by striking ``the Office of Personnel Management, the United States Information Agency'' and inserting ``or the Office of Personnel Management''; and (2) in paragraph (2), by striking ``the United States Information Agency,''.
(c) Executive Schedule.--Section 5315 of title 5, United States Code, is amended by striking the following:
``Inspector General, United States Information Agency.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and (j) of section 308 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are amended-- (1) by striking ``Inspector General of the United States Information Agency'' each place it appears and inserting ``Inspector General of the Department of State and the Foreign Service''; and (2) by striking ``, the Director of the United States Information Agency,''.
(e) Transfer of Functions.--There are transferred to the Office of the Inspector General of the Department of State and the Foreign Service the functions that the Office of Inspector General of the United States Information Agency exercised before the effective date of this title (including all related functions of the Inspector General of the United States Information Agency).
CHAPTER 3--INTERNATIONAL BROADCASTING
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.
Section 304(a) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to read as follows: ``(a) Continued Existence Within Executive Branch.-- ``(1) In general.--The Broadcasting Board of Governors shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United States Code. ``(2) Retention of existing board members.--The members of the Broadcasting Board of Governors appointed by the President pursuant to subsection (b)(1)(A) before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998 and holding office as of that date may serve the remainder of their terms of office without reappointment. ``(3) Inspector general authorities.-- ``(A) In general.--The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the Broadcasting
Board of Governors and the International Broadcasting Bureau as the Inspector General exercises under the Inspector General Act of 1978 and section 209 of the Foreign Service Act of 1980 with respect to the Department of State. ``(B) Respect for journalistic integrity of broadcasters.--The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this title and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.''.
BROADCASTING ACT OF 1994.
(a) References in Section.--Whenever in this section an amendment or repeal is expressed as an amendment or repeal of a provision, the reference shall be deemed to be made to the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.). (b) Substitution of Secretary of State.--Sections 304(b)(1)(B), 304(b) (2) and (3), 304(c), and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), and 6203(e)) are amended by striking ``Director of the United States Information Agency'' each place it appears and inserting ``Secretary of State''. (c) Substitution of Acting Secretary of State.--Section 304(c) (22 U.S.C. 6203(c)) is amended by striking ``acting Director of the agency'' and inserting ``Acting Secretary of State''. (d) Standards and Principles of International Broadcasting.--Section 303(b) (22 U.S.C. 6202(b)) is amended-- (1) in paragraph (3), by inserting ``, including editorials, broadcast by the Voice of America, which present the views of the United States Government'' after ``policies''; (2) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and (3) by inserting after paragraph (3) the following: ``(4) the capability to provide a surge capacity to support United States foreign policy objectives during crises abroad;'';
(e) Authorities of the Board.--Section 305(a) (22 U.S.C. 6204(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``direct and''; and (B) by striking ``and the Television Broadcasting to Cuba Act'' and inserting ``, the Television Broadcasting to Cuba Act, and Worldnet Television, except as provided in section 306(b)''; (2) in paragraph (4), by inserting ``, after consultation with the Secretary of State,'' after ``annually,''; (3) in paragraph (9)-- (A) by striking ``, through the Director of the United States Information Agency,''; and (B) by adding at the end the following new sentence: ``Each annual report shall place special emphasis on the assessment described in paragraph (2).''; (4) in paragraph (12)-- (A) by striking ``1994 and 1995'' and inserting ``1998 and 1999''; and (B) by striking ``to the Board for International Broadcasting for such purposes for fiscal year 1993'' and inserting
``to the Board and the International Broadcasting Bureau for such purposes for fiscal year 1997''; and (5) by adding at the end the following new paragraphs: ``(15)(A) To procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the rate provided for positions classified above grade GS-15 of the General Schedule under section 5108 of title 5, United States Code. ``(B) To allow those providing such services, while away from their homes or their regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently, while so employed. ``(16) To procure, pursuant to section 1535 of title 31, United States Code (commonly known as the `Economy Act'), such goods and services from other departments or agencies for the Board and the International Broadcasting Bureau as the Board determines are appropriate. ``(17) To utilize the provisions of titles III, IV, V, VII, VIII, IX, and X of the United States Information and Educational Exchange Act of 1948, and section 6 of Reorganization Plan Number 2 of 1977, as in effect on the day before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, to the extent the Board considers necessary in carrying out the provisions and purposes of this title. ``(18) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had been available to the Director of the United States Information Agency, the Bureau, or the Board before the effective date of title XIII of the Foreign Affairs Consolidation Act of 1998 for carrying out the broadcasting activities covered by this title.''.
(f) Delegation of Authority.--Section 305 (22 U.S.C. 6204) is amended-- (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection:
``(b) Delegation of Authority.--The Board may delegate to the Director of the International Broadcasting Bureau, or any other officer or employee of the United States, to the extent the Board determines to be appropriate, the authorities provided in this section, except those authorities provided in paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of subsection (a).''. (g) Broadcasting Budgets.--Section 305(c)(1) (as redesignated) is amended-- (1) by striking ``(1)'' before ``The Director''; and (2) by striking ``the Director of the United States Information Agency for the consideration of the Director as a part of the Agency's budget submission to''.
(h) Repeal.--Section 305(c)(2) (as redesignated) is repealed.
(i) Implementation.--Section 305(d) (as redesignated) is amended to read as follows:
``(d) Professional Independence of Broadcasters.--The Secretary of State and the Board, in carrying out their functions, shall respect the professional independence and integrity of the International Broadcasting Bureau, its broadcasting services, and the grantees of the Board.''. (j) Foreign Policy Guidance.--Section 306 (22 U.S.C. 6205) is amended-- (1) in the section heading, by striking ``FOREIGN POLICY GUIDANCE'' and inserting ``ROLE OF THE SECRETARY OF STATE''; (2) by inserting ``(a) Foreign Policy Guidance.--'' immediately before ``To''; (3) by striking ``State, acting through the Director of the United States Information Agency,'' and inserting ``State''; (4) by inserting before the period at the end the following: ``, as the Secretary may deem appropriate''; and (5) by adding at the end the following:
``(b) Certain Worldnet Programming.--The Secretary of State is authorized to use Worldnet broadcasts for the purposes of continuing interactive dialogues with foreign media and other similar overseas public diplomacy programs sponsored by the Department of State. The Chairman of the Broadcasting Board of Governors shall provide access to Worldnet for this purpose on a nonreimbursable basis.''. (k) International Broadcasting Bureau.--Section 307 (22 U.S.C. 6206) is amended-- (1) in subsection (a), by striking ``within the United States Information Agency'' and inserting ``under the Board''; (2) in subsection (b)(1), by striking ``Chairman of the Board, in consultation with the Director of the United States Information Agency and with the concurrence of a majority of the Board'' and inserting ``President, by and with the advice and consent of the Senate''; (3) by redesignating subsection (b)(1) as subsection (b); (4) by striking subsection (b)(2); and (5) by adding at the end the following new subsection:
``(c) Responsibilities of the Director.--The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free Asia, RFE/RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, the Office of Cuba Broadcasting, the Voice of America, and Worldnet.''. (l) Repeals.--The following provisions of law are repealed: (1) Subsections (k) and (l) of section 308 (22 U.S.C. 6207 (k), (l)). (2) Section 310 (22 U.S.C. 6209).
The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) is amended--
(1) by striking ``United States Information Agency'' each place it appears and inserting ``Broadcasting Board of Governors''; (2) <<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) by striking any other reference to ``Director'' not amended by paragraph (3) each place it appears and inserting ``Board''.
The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.) is amended-- (1) in section 243(a) (22 U.S.C. 1465bb(a)) and section 246 (22 U.S.C. 1465dd), by striking ``United States Information Agency'' each place it appears and inserting ``Broadcasting Board of Governors''; (2) in section 243(c) (22 U.S.C. 1465bb(c))-- (A) in the subsection heading, by striking ``USIA''; and (B) by striking `` `USIA Television'' and inserting ``the `Television''; (3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246 (22 U.S.C. 1465dd), by striking ``Agency'' each place it appears and inserting ``Board''; (4) in section 244 (22 U.S.C. 1465cc)-- (A) in the section heading, by striking ``OF THE UNITED STATES INFORMATION AGENCY''; (B) in subsection (a)-- (i) in the first sentence, by striking ``The Director of the United States Information Agency shall establish'' and inserting ``There is''; and (ii) in the second sentence-- (I) by striking ``Director of the United States Information Agency'' and inserting ``Broadcasting Board of Governors''; and (II) by striking ``the Director of the Voice of America'' and inserting ``the International Broadcasting Bureau''; (C) in subsection (b)-- (i) by striking ``Agency facilities'' and inserting ``Board facilities''; and (ii) by striking ``Information Agency'' and inserting ``International''; and (D) in the heading of subsection (c), by striking ``USIA''; and
(5) in section 245(d) (22 U.S.C. 1465c note), by striking ``Board'' and inserting ``Advisory Board''.
FUNDS, PROPERTY, AND PERSONNEL. (a) Transfer and Allocation of Property and Appropriations.-- (1) In general.--The assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 1327(d)), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices of USIA transferred to the Broadcasting Board of Governors by this chapter shall be transferred to the Broadcasting Board of Governors for appropriate allocation. (2) Additional transfers.--In addition to the transfers made under paragraph (1), there shall be transferred to the Chairman of the Broadcasting Board of Governors the assets, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds, as determined by the Secretary, in concurrence with the Broadcasting Board of Governors, to support the functions transferred by this chapter. (b) Transfer of Personnel.--Notwithstanding any other provision of law-- (1) except as provided in subsection (c), all personnel and positions of USIA employed or maintained to carry out the functions transferred by this chapter to the Broadcasting Board of Governors shall be transferred to the Broadcasting Board of Governors at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer; and (2) the personnel and positions of USIA, as determined by the Secretary of State, with the concurrence of the Broadcasting Board of Governors and the Director of USIA, to support the functions transferred by this chapter shall be transferred to the Broadcasting Board of Governors, including the International Broadcasting Bureau, at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer. (c) Transfer and Allocation of Property, Appropriations, and Personnel Associated With Worldnet.--USIA personnel responsible for carrying out interactive dialogs with foreign media and other similar overseas public diplomacy programs using the Worldnet television broadcasting system, and funds associated with such personnel, shall be transferred to the Department of State in accordance with the provisions of title XVI of this subdivision. (d) Incidental Transfers.--The Director of the Office of Management and Budget, when requested by the Broadcasting Board of Governors, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with functions and offices
transferred from USIA, as may be necessary to carry out the provisions of this section.
(a) Continuing Legal Force and Effect.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions exercised by the Broadcasting Board of Governors of the United States Information Agency on the day before the effective date of this title, and (2) that are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Broadcasting Board of Governors, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.-- (1) In general.--The provisions of this chapter, or amendments made by this chapter, shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Broadcasting Board of Governors of the United States Information Agency at the time this title takes effect, with respect to functions exercised by the Board as of the effective date of this title but such proceedings and applications shall be continued. (2) Orders, appeals, and payments.--Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (3) Statutory construction.--Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted.
(c) Nonabatement of Proceedings.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Broadcasting Board of Governors, or any commission or component thereof, shall abate by reason of the enactment of this chapter. No cause of action by or against the Broadcasting Board of Governors, or any commission or component thereof, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this chapter. (d) Continuation of Proceedings With Substitution of Parties.-- (1) Substitution of parties.--If, before the effective date of this title, USIA or the Broadcasting Board of Governors,
or any officer thereof in the official capacity of such officer, is a party to a suit which is related to the functions transferred by this chapter, then effective on such date such suit shall be continued with the Broadcasting Board of Governors or other appropriate official of the Board substituted or added as a party. (2) Liability of the board.--The Board shall participate in suits continued under paragraph (1) where the Broadcasting Board of Governors or other appropriate official of the Board is added as a party and shall be liable for any judgments or remedies in those suits or proceedings arising from the exercise of the functions transferred by this chapter to the same extent that USIA would have been liable if such judgment or remedy had been rendered on the day before the abolition of USIA.
(e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Broadcasting Board of Governors relating to a function exercised by the Board before the effective date of this title may be continued by the Board with the same effect as if this chapter had not been enacted. (f) References.--Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Broadcasting Board of Governors of the United States Information Agency with regard to functions exercised before the effective date of this title, shall be deemed to refer to the Board.
REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED. Not later than March 1 of each year, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report on the progress of the Board and of RFE/RL, Incorporated, on any steps taken to further the policy declared in section 312(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. The report under this subsection shall include the following: (1) Efforts by RFE/RL, Incorporated, to terminate individual language services. (2) A detailed description of steps taken with regard to section 312(a) of that Act. (3) An analysis of prospects for privatization over the coming year. (4) An assessment of the extent to which United States Government funding may be appropriate in the year 2000 and subsequent years for surrogate broadcasting to the countries to which RFE/RL, Incorporated, broadcast during the year. This assessment shall include an analysis of the environment for independent media in those countries, noting the extent of government control of the media, the ability of independent journalists and news organizations to operate, relevant domestic legislation, level of government harassment and efforts to censor, and other indications of whether the people of such countries enjoy freedom of expression.
CHAPTER 4--CONFORMING AMENDMENTS
(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)).
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.''.
(a) Application to Functions of Department of State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 1461- 1a) shall not apply to public affairs and other information dissemination functions of the Secretary of State as carried out prior to any transfer of functions pursuant to this subdivision. (b) Application to Functions Transferred to Department of State.-- Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy programs of the Director of the United States Information Agency as carried out prior to any transfer of functions pursuant to this subdivision to the same extent that such programs were covered by these provisions prior to such transfer. (c) Limitation on Use of Funds.--Except as provided in section 501 of Public Law 80-402 and section 208 of Public Law 99-93, funds specifically authorized to be appropriated for such public diplomacy programs shall not be used to influence public opinion in the United States, and no program material prepared
using such funds shall be distributed or disseminated in the United States. (d) Reporting Requirements.--The report submitted pursuant to section 1601(f) of this subdivision shall include a detailed statement of the manner in which the special mission of public diplomacy carried out by USIA prior to the transfer of functions under this subdivision shall be preserved within the Department of State, including the planned duties and responsibilities of any new bureaus that will perform such public diplomacy functions. Such report shall also include the best available estimates of-- (1) the amounts expended by the Department of State for public affairs programs during fiscal year 1998, and on the personnel and support costs for such programs; (2) the amounts expended by USIA for its public diplomacy programs during fiscal year 1998, and on the personnel and support costs for such programs; and (3) the amounts, including funds to be transferred from USIA and funds appropriated to the Department, that will be allocated for the programs described in paragraphs (1) and (2), respectively, during the fiscal year in which the transfer of functions from USIA to the Department occurs. (e) Congressional Presentation Document.--The Department of State's Congressional Presentation Document for fiscal year 2000 and each fiscal year thereafter shall include-- (1) the aggregated amounts that the Department will spend on such public diplomacy programs and on costs of personnel for such programs, and a detailed description of the goals and purposes for which such funds shall be expended; and (2) the amount of funds allocated to and the positions authorized for such public diplomacy programs, including bureaus to be created upon the transfer of functions from USIA to the Department.
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.
(a) The United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is amended-- (1) in section 505 (22 U.S.C. 1464a)-- (A) by striking ``Director of the United States Information Agency'' each place it appears and inserting ``Broadcasting Board of Governors''; (B) by striking ``United States Information Agency'' each place it appears and inserting ``Broadcasting Board of Governors''; (C) in subsection (b)-- (i) by striking ``Agency's'' and all that follows through `` `USIA-TV')'' and inserting ``television broadcasts of the United States International Television Service''; and
(ii) in paragraphs (1), (2), and (3), by striking ``USIA-TV'' each place it appears and inserting ``The United States International Television Service''; and (D) in subsections (d) and (e), by striking ``USIA- TV'' each place it appears and inserting ``the United States International Television Service''; (2) in section 506(c) (22 U.S.C. 1464b(c))-- (A) by striking ``Director of the United States Information Agency'' and inserting ``Broadcasting Board of Governors''; (B) by striking ``Agency'' and inserting ``Board''; and (C) by striking ``Director'' and inserting ``Board''; (3) in section 705 (22 U.S.C 1477c)-- (A) by striking subsections (a) and (c); and (B) in subsection (b)-- (i) by striking ``(b) In addition, the United States Information Agency'' and inserting ``The Department of State''; and (ii) by striking ``program grants'' and inserting ``grants for overseas public diplomacy programs''; (4) in section 801(7) (22 U.S.C. 1471(7))-- (A) by striking ``Agency'' and inserting ``overseas public diplomacy''; and (B) by inserting ``other'' after ``together with''; and (5) in section 812 (22 U.S.C. 1475g)-- (A) by striking ``United States Information Agency post'' each place it appears and inserting ``overseas public diplomacy post''; (B) in subsection (a), by striking ``United States Information Agency'' the first place it appears and inserting ``Department of State''; (C) in subsection (b), by striking ``Director of the United States Information Agency'' and inserting ``Secretary of State''; and (D) in the section heading, by striking ``USIA'' and inserting ``OVERSEAS PUBLIC DIPLOMACY''. (b) Section 212 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended-- (1) by striking ``United States Information Agency'' each place it appears and inserting ``Department of State''; (2) in subsection (a), by inserting ``for carrying out its overseas public diplomacy functions'' after ``grants''; (3) in subsection (b)-- (A) by striking ``a grant'' the first time it appears and inserting ``an overseas public diplomacy grant''; and (B) in paragraph (1), by inserting ``such'' before ``a grant'' the first place it appears; (4) in subsection (c)(1), by inserting ``overseas public diplomacy'' before ``grants''; (5) in subsection (c)(3), by inserting ``such'' before ``grant''; and (6) by striking subsection (d). (c) Section 602 of the National and Community Service Act of 1990 (22 U.S.C. 2452a) is amended-- (1) in the second sentence of subsection (a), by striking ``United States Information Agency'' and inserting ``Department of State''; and
(2) in subsection (b)-- (A) by striking ``appropriations account of the United States Information Agency'' and inserting ``appropriate appropriations account of the Department of State''; and (B) by striking ``and the United States Information Agency''.
(d) Section 305 of Public Law 97-446 (19 U.S.C. 2604) is amended in the first sentence, by striking ``, after consultation with the Director of the United States Information Agency,''. (e) Section 601 of Public Law 103-227 (20 U.S.C. 5951(a)) is amended by striking ``of the Director of the United States Information Agency and with'' and inserting ``and''. (f) Section 1003(b) of the Fascell Fellowship Act (22 U.S.C. 4902(b)) is amended-- (1) in the text above paragraph (1), by striking ``9 members'' and inserting ``7 members''; (2) in paragraph (4), by striking ``Six'' and inserting ``Five''; (3) by striking paragraph (3); and (4) by redesignating paragraph (4) as paragraph (3).
(g) Section 803 of the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 1903) is amended-- (1) in subsection (b)-- (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and (2) in subsection (c), by striking ``subsection (b)(7)'' and inserting ``subsection (b)(6)''.
(h) Section 7 of the Federal Triangle Development Act (40 U.S.C. 1106) is amended-- (1) in subsection (c)(1)-- (A) in the text above subparagraph (A), by striking ``15 members'' and inserting ``14 members''; (B) by striking subparagraph (F); and (C) by redesignating subparagraphs (G) through (J) as subparagraphs (F) through (I), respectively; (2) in paragraphs (3) and (5) of subsection (c), by striking ``paragraph (1)(J)'' each place it appears and inserting ``paragraph (1)(I)''; and (3) in subsection (d)(3) and subsection (e), by striking ``the Administrator and the Director of the United States Information Agency'' each place it appears and inserting ``and the Administrator''.
(i) Section 3 of the Woodrow Wilson Memorial Act of 1968 (Public Law 90-637; 20 U.S.C. 80f) is amended-- (1) in subsection (b)-- (A) in the text preceding paragraph (1), by striking ``19 members'' and inserting ``17 members''; (B) by striking paragraph (7); (C) by striking ``10'' in paragraph (10) and inserting ``9''; and (D) by redesignating paragraphs (8) through (10) as paragraphs (7) through (9), respectively; and (2) in subsection (c), by striking ``(9)'' and inserting ``(8)''.
(j) Section 624 of Public Law 89-329 (20 U.S.C. 1131c) is amended by striking ``the United States Information Agency,''. (k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended--
(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking ``Director of the United States Information Agency'' and inserting ``Broadcasting Board of Governors''; (2) in section 210 (22 U.S.C. 3930), by striking ``United States Information Agency'' and inserting ``Broadcasting Board of Governors''; (3) in section 1003(a) (22 U.S.C. 4103(a)), by striking ``United States Information Agency'' and inserting ``Broadcasting Board of Governors''; and (4) in section 1101(c) (22 U.S.C. 4131(c)), by striking ``the United States Information Agency,'' and inserting ``Broadcasting Board of Governors,''.
(l) The State Department Authorities Act of 1956, as amended by this division, is further amended-- (1) in section 23(a) (22 U.S.C. 2695(a)), by striking ``United States Information Agency'' and inserting ``Broadcasting Board of Governors''; (2) in section 25(f) (22 U.S.C. 2697(f))-- (A) by striking ``Director of the United States Information Agency'' and inserting ``Broadcasting Board of Governors''; and (B) by striking ``with respect to their respective agencies'' and inserting ``with respect to the Board and the Agency''; (3) in section 26(b) (22 U.S.C. 2698(b)), as amended by this division-- (A) by striking ``Director of the United States Information Agency, the chairman of the Board for International Broadcasting,'' and inserting ``Broadcasting Board of Governors,''; and (B) by striking ``with respect to their respective agencies'' and inserting ``with respect to the Board and the Agency''; and (4) in section 32 (22 U.S.C. 2704), as amended by this division, by striking ``the Director of the United States Information Agency'' and inserting ``the Broadcasting Board of Governors''. (m) Section 507(b)(3) of Public Law 103-317 (22 U.S.C. 2669a(b)(3)) is amended by striking ``, the United States Information Agency,''. (n) Section 502 of Public Law 92-352 (2 U.S.C. 194a) is amended by striking ``the United States Information Agency,''. (o) Section 6 of Public Law 104-288 (22 U.S.C. 2141d) is amended-- (1) in subsection (a), by striking ``Director of the United States Information Agency,''; and (2) in subsection (b), by striking ``the Director of the United States Information Agency'' and inserting ``the Under Secretary of State for Public Diplomacy''. (p) Section 40118(d) of title 49, United States Code, is amended by striking ``, the Director of the United States Information Agency,''. (q) Section 155 of Public Law 102-138 <<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''.
(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''.
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
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
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.
(a) Allocation of Funds.-- (1) Allocation to the secretary of state.--Funds made available under the categories of assistance deemed allocated to the Director of the International Development Cooperation Agency under section 1-801 of Executive Order No. 12163 (22 U.S.C. 2381 note) as of October 1, 1997, shall be allocated
to the Secretary of State on and after the effective date of this title without further action by the President. (2) Procedures for reallocations or transfers.--The Secretary of State may allocate or transfer as appropriate any funds received under paragraph (1) in the same manner as previously provided for the Director of the International Development Cooperation Agency under section 1-802 of that Executive Order, as in effect on October 1, 1997.
(b) With Respect to the Overseas Private Investment Corporation.-- There are transferred to the Administrator of the Agency for International Development all functions of the Director of the United States International Development Cooperation Agency as of the day before the effective date of this title with respect to the Overseas Private Investment Corporation. (c) Other Activities.--The authorities and functions transferred to the United States International Development Cooperation Agency or the Director of that Agency by section 6 of Reorganization Plan Numbered 2 of 1979 shall, to the extent such authorities and functions have not been repealed, be transferred to those agencies or heads of agencies, as the case may be, in which those authorities and functions were vested by statute as of the day before the effective date of such reorganization plan.
(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
Except as otherwise provided in this subdivision, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the United States International Development Cooperation Agency (IDCA) or to the Director or any other officer or employee of IDCA-- (1) insofar as such reference relates to any function or authority transferred under section 1412(a), shall be deemed to refer to the Secretary of State; (2) insofar as such reference relates to any function or authority transferred under section 1412(b), shall be deemed to refer to the Administrator of the Agency for International Development; (3) insofar as such reference relates to any function or authority transferred under section 1412(c), shall be deemed to refer to the head of the agency to which such function or authority is transferred under such section; and (4) insofar as such reference relates to any function or authority not transferred by this title, shall be deemed to
refer to the President or such agency or agencies as may be specified by Executive order.
(a) Termination of Reorganization Plans and Delegations.--The following shall cease to be effective: (1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.). (2) Section 1-101 through 1-103, sections 1-401 through 1- 403, section 1-801(a), and such other provisions that relate to the United States International Development Cooperation Agency or the Director of IDCA, of Executive Order No. 12163 (22 U.S.C. 2381 note; relating to administration of foreign assistance and related functions). (3) The International Development Cooperation Agency Delegation of Authority Numbered 1 (44 Fed. Reg. 57521), except for section 1-6 of such Delegation of Authority. (4) Section 3 of Executive Order No. 12884 (58 Fed. Reg. 64099; relating to the delegation of functions under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, the Foreign Assistance Act of 1961, the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993, and section 301 of title 3, United States Code).
(b) Other Statutory Amendments and Repeal.-- (1) Title 5.--Section 7103(a)(2)(B)(iv) of title 5, United States Code, is amended by striking ``United States International Development Cooperation Agency'' and inserting ``Agency for International Development''. (2) Inspector general act of 1978.--Section 8A of the Inspector General Act of 1978 (5 U.S.C. App. 3) is amended-- (A) in subsection (a)-- (i) by striking ``Development'' through ``(1) shall'' and inserting ``Development shall''; (ii) by striking ``; and'' at the end of subsection (a)(1) and inserting a period; and (iii) by striking paragraph (2); (B) by striking subsections (c) and (f); and (C) by redesignating subsections (d), (e), (g), and (h) as subsections (c), (d), (e), and (f), respectively. (3) State department basic authorities act of 1956.--The State Department Basic Authorities Act of 1956 is amended-- (A) in section 25(f) (22 U.S.C. 2697(f)), as amended by this division, by striking ``Director of the United States International Development Cooperation Agency'' and inserting ``Administrator of the Agency for International Development''; (B) in section 26(b) (22 U.S.C. 2698(b)), as amended by this 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''.
(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
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
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
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
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.).
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.
OVERSIGHT.
(a) Authority of the Secretary of State.-- (1) In general.--Under the direction of the President, the Secretary of State shall coordinate all United States assistance in accordance with this section, except as provided in paragraphs (2) and (3). (2) Export promotion activities.--Coordination of activities relating to promotion of exports of United States goods and services shall continue to be primarily the responsibility of the Secretary of Commerce. (3) International economic activities.--Coordination of activities relating to United States participation in international financial institutions and relating to organization of multilateral efforts aimed at currency stabilization, currency convertibility, debt reduction, and comprehensive economic reform programs shall continue to be primarily the responsibility of the Secretary of the Treasury. (4) Authorities and powers of the secretary of state.--The powers and authorities of the Secretary provided in this chapter are in addition to the powers and authorities provided to the Secretary under any other Act, including section 101(b) and section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(b), 2382(c)).
(b) Coordination Activities.--Coordination activities of the Secretary of State under subsection (a) shall include--
(1) approving an overall assistance and economic cooperation strategy; (2) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in the Foreign Assistance Act of 1961, the Arms Export Control Act, and other relevant assistance Acts; (3) pursuing coordination with other countries and international organizations; and (4) resolving policy, program, and funding disputes among United States Government agencies.
(c) Statutory Construction.--Nothing in this section may be construed to lessen the accountability of any Federal agency administering any program, project, or activity of United States assistance for any funds made available to the Federal agency for that purpose. (d) Authority To Provide Personnel of the Agency for International Development.--The Administrator of the Agency for International Development is authorized to detail to the Department of State on a nonreimbursable basis such personnel employed by the Agency as the Secretary of State may require to carry out this section.
Title XVI—TRANSITION
REPORT.
(a) Submission of Plan and Report.--Not later than 60 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a reorganization plan and report regarding-- (1) the abolition of the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency in accordance with this subdivision; (2) with respect to the Agency for International Development, the consolidation and streamlining of the Agency and the transfer of certain functions of the Agency to the Department in accordance with section 1511; (3) the termination of functions of each covered agency as may be necessary to effectuate the reorganization under this subdivision, and the termination of the affairs of each agency abolished under this subdivision; (4) the transfer to the Department of the functions and personnel of each covered agency consistent with the provisions of this subdivision; and (5) the consolidation, reorganization, and streamlining of the Department in connection with the transfer of such functions and personnel in order to carry out such functions.
(b) Covered Agencies.--The agencies covered by this section are the following: (1) The United States Arms Control and Disarmament Agency. (2) The United States Information Agency. (3) The United States International Development Cooperation Agency. (4) The Agency for International Development.
(c) Plan Elements.--The plan transmitted under subsection (a) shall contain, consistent with this subdivision, such elements as the President deems appropriate, including elements that-- (1) identify the functions of each covered agency that will be transferred to the Department under the plan; (2) specify the steps to be taken by the Secretary of State to reorganize internally the functions of the Department, including the consolidation of offices and functions, that will be required under the plan in order to permit the Department to carry out the functions transferred to it under the plan; (3) specify the funds available to each covered agency that will be transferred to the Department as a result of the transfer of functions of such agency to the Department; (4) specify the proposed allocations within the Department of unexpended funds transferred in connection with the transfer of functions under the plan; and (5) specify the proposed disposition of the property, facilities, contracts, records, and other assets and liabilities of each covered agency in connection with the transfer of the functions of such agency to the Department.
(d) Reorganization Plan of Agency for International Development.--In addition to applicable provisions of subsection (c), the reorganization plan transmitted under this section for the Agency for International Development-- (1) may provide for the abolition of the Agency for International Development and the transfer of all its functions to the Department of State; or (2) in lieu of the abolition and transfer of functions under paragraph (1)-- (A) shall provide for the transfer to and consolidation within the Department of the functions set forth in section 1511; and (B) may provide for additional consolidation, reorganization, and streamlining of AID, including-- (i) the termination of functions and reductions in personnel of AID; (ii) the transfer of functions of AID, and the personnel associated with such functions, to the Department; and (iii) the consolidation, reorganization, and streamlining of the Department upon the transfer of such functions and personnel in order to carry out the functions transferred.
(e) Modification of Plan.--The President may, on the basis of consultations with the appropriate congressional committees, modify or revise any part of the plan transmitted under subsection (a) until that part of the plan becomes effective in accordance with subsection (g). (f) Report.--The report accompanying the reorganization plan for the Department and the covered agencies submitted pursuant to this section shall describe the implementation of the plan and shall include-- (1) a detailed description of-- (A) the actions necessary or planned to complete the reorganization, (B) the anticipated nature and substance of any orders, directives, and other administrative and operational actions
which are expected to be required for completing or implementing the reorganization, and (C) any preliminary actions which have been taken in the implementation process; (2) the number of personnel and positions of each covered agency (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred to the Department, separated from service with such agency, or eliminated under the plan, and a projected schedule for such transfers, separations, and terminations; (3) the number of personnel and positions of the Department (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred within the Department, separated from service with the Department, or eliminated under the plan, and a projected schedule for such transfers, separations, and terminations; (4) a projected schedule for completion of the implementation process; and (5) recommendations, if any, for legislation necessary to carry out changes made by this subdivision relating to personnel and to incidental transfers.
(g) Effective Date.-- (1) In general.--The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (e), shall become effective on the earlier of the date for the respective covered agency specified in paragraph (2) or the date announced by the President under paragraph (3). (2) Statutory effective dates.--The effective dates under this paragraph for the reorganization plan described in this section are the following: (A) April 1, 1999, with respect to functions of the Agency for International Development described in section 1511. (B) April 1, 1999, with respect to the abolition of the United States Arms Control and Disarmament Agency and the United States International Development Cooperation Agency. (C) October 1, 1999, with respect to the abolition of the United States Information Agency. (3) Effective date by presidential determination.--An effective date under this paragraph for a reorganization plan described in this section is such date as the President shall determine to be appropriate and announce by notice published in the Federal Register, which date may be not earlier than 90 calendar days after the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a). (4) Statutory construction.--Nothing in this subsection may be construed to require the transfer of functions, personnel, records, balance of appropriations, or other assets of a covered agency on a single date. (5) Supersedes existing law.-- Paragraph (1) shall apply notwithstanding section 905(b) of title 5, United States Code.
(h) Publication.--The <<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.
CHAPTER 2--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.
APPROPRIATIONS.
(a) In General.--Except as otherwise provided in this subdivision, the assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 1615(e)), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof, transferred by any title of this subdivision shall be transferred to the Secretary for appropriate allocation. (b) Limitation on Use of Transferred Funds.--Except as provided in subsection (c), unexpended and unobligated funds transferred pursuant to any title of this subdivision shall be used only for the purposes for which the funds were originally authorized and appropriated. (c) Funds To Facilitate Transition.-- (1) Congressional notification.--Funds transferred pursuant to subsection (a) may be available for the purposes of reorganization subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706). (2) Transfer authority.--Funds in any account appropriated to the Department of State may be transferred to another such account for the purposes of reorganization, subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706). The authority in this paragraph is in addition to any other transfer authority available to the Secretary of State and shall expire September 30, 2000.
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.
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.
(a) Continuing Legal Force and Effect.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under any title of this subdivision; and (2) that are in effect as of the effective date of such title, or were final before the effective date of such title and are to become effective on or after the effective date of such title,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.-- (1) In general.--The provisions of any title of this subdivision shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of any title of this subdivision before any Federal agency, commission, or component thereof, functions of which are transferred by any title of this subdivision. Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. (2) Orders, appeals, payments.--Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subdivision had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law. (3) Statutory construction.--Nothing in this subdivision shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subdivision had not been enacted. (4) Regulations.--The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under this subsection to the Department.
(c) No Effect on Judicial or Administrative Proceedings.--Except as provided in subsection (e) and section 1327(d)-- (1) the provisions of this subdivision shall not affect suits commenced prior to the effective dates of the respective titles of this subdivision; and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this subdivision had not been enacted.
(d) Nonabatement of Proceedings.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any Federal agency, or any commission or component thereof, functions of which are transferred by any title of this subdivision, shall abate by reason of the enactment of this subdivision. No cause of action by or
against any Federal agency, or any commission or component thereof, functions of which are transferred by any title of this subdivision, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this subdivision. (e) Continuation of Proceeding With Substitution of Parties.--If, before the effective date of any title of this subdivision, any Federal agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this subdivision any function of such department, agency, or officer is transferred to the Secretary or any other official of the Department, then effective on such date such suit shall be continued with the Secretary or other appropriate official of the Department substituted or added as a party. (f) Reviewability of Orders and Actions Under Transferred Functions.--Orders and actions of the Secretary in the exercise of functions transferred under any title of this subdivision shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Federal agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by any title of this subdivision shall apply to the exercise of such function by the Secretary.
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.
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
This subdivision may be cited as the ``Foreign Relations Authorization Act, Fiscal Years 1998 and 1999''.
In this subdivision, the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
Title XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
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.
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.
Section 404 of The Asia Foundation Act (title IV of Public Law 98- 164) is amended to read as follows:
``Sec. 404. There are authorized to be appropriated to the Secretary of State $10,000,000 for each of the fiscal years 1998 and 1999 for grants to The Asia Foundation pursuant to this title.''.
(a) Authorization of Appropriations.--There are authorized to be appropriated for ``Voluntary Contributions to International Organizations'', $194,500,000 for the fiscal year 1998 and $214,000,000 for the fiscal year 1999. (b) Limitations.-- (1) World food program.--Of the amounts authorized to be appropriated under subsection (a), $4,000,000 for the fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the World Food Program. (2) United nations voluntary fund for victims of torture.-- Of the amount authorized to be appropriated under subsection (a), $3,000,000 for the fiscal year 1998 and $3,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the United Nations Voluntary Fund for Victims of Torture. (3) International program on the elimination of child labor.--Of the amounts authorized to be appropriated under subsection (a), $5,000,000 for the fiscal year 1998 and $5,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the
International Labor Organization for the activities of the International Program on the Elimination of Child Labor.
(c) Availability of Funds.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended.
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.
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
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.''.
Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as follows:
``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.-- ``(1) In general.--There is established a program for the payment of rewards to carry out the purposes of this section. ``(2) Purpose.--The rewards program shall be designed to assist in the prevention of acts of international terrorism, international narcotics trafficking, and other related criminal acts. ``(3) Implementation.--The rewards program shall be administered by the Secretary of State, in consultation, as appropriate, with the Attorney General.
``(b) Rewards Authorized.--In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to any individual who furnishes information leading to-- ``(1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a United States person or United States property; ``(2) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United States property; ``(3) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves-- ``(A) a violation of United States narcotics laws such that the individual would be a major violator of such laws; ``(B) the killing or kidnapping of-- ``(i) any officer, employee, or contract employee of the United States Government while such individual is engaged in official duties, or on account of that individual's official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or ``(ii) a member of the immediate family of any such individual on account of that individual's official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or ``(C) an attempt or conspiracy to commit any act described in subparagraph (A) or (B); ``(4) the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described in paragraph (1), (2), or (3); or ``(5) the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), or (3).
``(c) Coordination.-- ``(1) Procedures.--To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Department of Justice, the
offering, administration, and payment of rewards under this section, including procedures for-- ``(A) identifying individuals, organizations, and offenses with respect to which rewards will be offered; ``(B) the publication of rewards; ``(C) the offering of joint rewards with foreign governments; ``(D) the receipt and analysis of data; and ``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of State, in consultation with the Attorney General. ``(2) Prior approval of attorney general required.--Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney General.
``(d) Funding.-- ``(1) Authorization of appropriations.--Notwithstanding section 102 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408), but subject to paragraph (2), there are authorized to be appropriated to the Department of State from time to time such amounts as may be necessary to carry out this section. ``(2) Limitation.--No amount of funds may be appropriated under paragraph (1) which, when added to the unobligated balance of amounts previously appropriated to carry out this section, would cause such amounts to exceed $15,000,000. ``(3) Allocation of funds.--To the maximum extent practicable, funds made available to carry out this section should be distributed equally for the purpose of preventing acts of international terrorism and for the purpose of preventing international narcotics trafficking. ``(4) Period of availability.--Amounts appropriated under paragraph (1) shall remain available until expended.
``(e) Limitations and Certification.-- ``(1) Maximum amount.--No reward paid under this section may exceed $2,000,000. ``(2) Approval.--A reward under this section of more than $100,000 may not be made without the approval of the Secretary. ``(3) Certification for payment.--Any reward granted under this section shall be approved and certified for payment by the Secretary. ``(4) Nondelegation of authority.--The authority to approve rewards of more than $100,000 set forth in paragraph (2) may not be delegated. ``(5) Protection measures.--If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he considers necessary to effect such protection.
``(f) Ineligibility.--An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection (b) shall not be eligible for a reward under this section. ``(g) Reports.--
``(1) Reports on payment of rewards.--Not later than 30 days after the payment of any reward under this section, the Secretary shall submit a report to the appropriate congressional committees with respect to such reward. The report, which may be submitted in classified form if necessary, shall specify the amount of the reward paid, to whom the reward was paid, and the acts with respect to which the reward was paid. The report shall also discuss the significance of the information for which the reward was paid in dealing with those acts. ``(2) Annual reports.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the appropriate congressional committees with respect to the operation of the rewards program. The report shall provide information on the total amounts expended during the fiscal year ending in that year to carry out this section, including amounts expended to publicize the availability of rewards.
``(h) Publication Regarding Rewards Offered by Foreign Governments.--Notwithstanding any other provision of this section, in the sole discretion of the Secretary, the resources of the rewards program shall be available for the publication of rewards offered by foreign governments regarding acts of international terrorism which do not involve United States persons or property or a violation of the narcotics laws of the United States. ``(i) Determinations of the Secretary.--A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. ``(j) Definitions.--As used in this section: ``(1) Act of international terrorism.--The term `act of international terrorism' includes-- ``(A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined in paragraph (8) of section 830 of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear explosive device (as defined in paragraph (4) of that section) by an individual, group, or non-nuclear-weapon state (as defined in paragraph (5) of that section); and ``(B) any act, as determined by the Secretary, which materially supports the conduct of international terrorism, including the counterfeiting of United States currency or the illegal use of other monetary instruments by an individual, group, or country supporting international terrorism as determined for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)). ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Member of the immediate family.--The term `member of the immediate family', with respect to an individual, includes-- ``(A) a spouse, parent, brother, sister, or child of the individual; ``(B) a person with respect to whom the individual stands in loco parentis; and
``(C) any person not covered by subparagraph (A) or (B) who is living in the individual's household and is related to the individual by blood or marriage. ``(4) Rewards program.--The term `rewards program' means the program established in subsection (a)(1). ``(5) United states narcotics laws.--The term `United States narcotics laws' means the laws of the United States for the prevention and control of illicit trafficking in controlled substances (as such term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))). ``(6) United states person.--The term `United States person' means-- ``(A) a citizen or national of the United States; and ``(B) an alien lawfully present in the United States.''.
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.''.
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.''.
(a) Foreign Affairs Reimbursement.-- (1) In general.--Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is amended-- (A) by redesignating subsection (d)(4) as subsection (g); and (B) by inserting after subsection (d) the following new subsections:
``(e)(1) The Secretary may provide appropriate training or related services, except foreign language training, through the institution to any United States person (or any employee or family member thereof) that is engaged in business abroad. ``(2) The Secretary may provide job-related training or related services, including foreign language training, through the institution to a United States person under contract to provide services to the United States Government or to any employee thereof that is performing such services.
``(3) Training under this subsection may be provided only to the extent that space is available and only on a reimbursable or advance-of- funds basis. Reimbursements and advances shall be credited to the currently available applicable appropriation account.
``(4) Training and related services under this subsection is authorized only to the extent that it will not interfere with the institution's primary mission of training employees of the Department and of other agencies in the field of foreign relations. ``(5) In this subsection, the term `United States person' means-- ``(A) any individual who is a citizen or national of the United States; or ``(B) any corporation, company, partnership, association, or other legal entity that is 50 percent or more beneficially owned by citizens or nationals of the United States.
``(f)(1) The Secretary is authorized to provide, on a reimbursable basis, training programs to Members of Congress or the Judiciary. ``(2) Employees of the legislative branch and employees of the judicial branch may participate, on a reimbursable basis, in training programs offered by the institution. ``(3) Reimbursements collected under this subsection shall be credited to the currently available applicable appropriation account. ``(4) Training under this subsection is authorized only to the extent that it will not interfere with the institution's primary mission of training employees of the Department and of other agencies in the field of foreign relations.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on October 1, 1998. (3) Termination of pilot program.--Effective October 1, 2002, section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021), as amended by this subsection, is further amended-- (A) by striking subsections (e) and (f); and (B) by redesignating subsection (g) as paragraph (4) of subsection (d).
(b) Fees for Use of National Foreign Affairs Training Center.--Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section:
``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN <<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.''.
(c) Reporting on Pilot Program.--Two years after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees containing-- (1) the number of persons who have taken advantage of the pilot program established under subsections (e) and (f) of section 701 of the Foreign Service Act of 1980 and section 53 of the State Department Basic Authorities Act of 1956, as added by this section; (2) the business or government affiliation of such persons; (3) the amount of fees collected; and
(4) the impact of the program on the primary mission of the National Foreign Affairs Training Center.
Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section:
``SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
``The Secretary is authorized to charge a fee for use of the diplomatic reception rooms of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.''.
Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section:
``SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.
``The Secretary shall include in the annual Congressional Presentation Document and the Budget in Brief a detailed accounting of the total collections received by the Department of State from all sources, including fee collections. Reporting on total collections shall also cover collections from the preceding fiscal year and the projected expenditures from all collections accounts.''.
(a) Procedures.--Section 209(c) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the following: ``(4) The Inspector General shall develop and provide to employees-- ``(A) information detailing their rights to counsel; and ``(B) guidelines describing in general terms the policies and procedures of the Office of Inspector General with respect to individuals under investigation other than matters exempt from disclosure under other provisions of law.''.
(b) Notice.--Section 209(e) of the Foreign Service Act of 1980 (22 U.S.C. 3929(e)) is amended by adding at the end the following new paragraph: ``(3) The Inspector General shall ensure that only officials from the Office of the Inspector General may participate in formal interviews or other formal meetings with the individual who is the subject of an investigation, other than an intelligence-related or sensitive undercover investigation, or except in those situations when the Inspector General has a reasonable basis to believe that such notice would cause tampering with witnesses, destroying evidence, or endangering the lives of individuals, unless that individual receives prior adequate notice regarding participation by officials of any other agency, including the Department of Justice, in such interviews or meetings.''. (c) Report.--
(1) In general.--Not later than 90 days after the date of enactment of this Act, the Inspector General of the Department of State and the Foreign Service shall submit a report to the appropriate congressional committees which includes the following: (A) Detailed descriptions of the internal guidance developed or used by the Office of the Inspector General with respect to public disclosure of any information related to an ongoing investigation of any officer or employee of the Department of State, the United States Information Agency, or the United States Arms Control and Disarmament Agency. (B) Detailed descriptions of those instances for the year ending December 31, 1997, in which any disclosure of information to the public by an employee of the Office of Inspector General about an ongoing investigation occurred, including details on the recipient of the information, the date of the disclosure, and the internal clearance process for the disclosure. (2) Statutory construction.--Disclosure of information to the public under this section shall not be construed to include information shared with Congress by an employee of the Office of the Inspector General.
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).''.
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).
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).
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''.
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.''.
COUNTERDRUG AND ANTICRIME ACTIVITIES OF <<NOTE: 22 USC 6561.>> THE DEPARTMENT OF STATE.
(a) Counterdrug and Law Enforcement Strategy.--
(1) Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary of State shall establish, implement, and submit to Congress a comprehensive, long-term strategy to carry out the counterdrug responsibilities of the Department of State in a manner consistent with the National Drug Control Strategy. The strategy shall involve all elements of the Department in the United States and abroad. (2) Objectives.--In establishing the strategy, the Secretary shall-- (A) coordinate with the Office of National Drug Control Policy in the development of clear, specific, and measurable counterdrug objectives for the Department that support the goals and objectives of the National Drug Control Strategy; (B) develop specific and, to the maximum extent practicable, quantifiable measures of performance relating to the objectives, including annual and long- term measures of performance, for purposes of assessing the success of the Department in meeting the objectives; (C) assign responsibilities for meeting the objectives to appropriate elements of the Department; (D) develop an operational structure within the Department that minimizes impediments to meeting the objectives; (E) ensure that every United States ambassador or chief of mission is fully briefed on the strategy, and works to achieve the objectives; and (F) ensure that-- (i) all budgetary requests and transfers of equipment (including the financing of foreign military sales and the transfer of excess defense articles) relating to international counterdrug efforts conforms with the objectives; and (ii) the recommendations of the Department regarding certification determinations made by the President on March 1 as to the counterdrug cooperation, or adequate steps on its own, of each major illicit drug producing and drug trafficking country to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances also conform to meet such objectives. (3) Reports.--Not later than February 15 of each year subsequent to the submission of the strategy described in paragraph (1), the Secretary shall submit to Congress an update of the strategy. The update shall include-- (A) an outline of the proposed activities with respect to the strategy during the succeeding year, including the manner in which such activities will meet the objectives set forth in paragraph (2); and (B) detailed information on how certification determinations described in paragraph (2)(F) made the previous year affected achievement of the objectives set forth in paragraph (2) for the previous calendar year. (4) Limitation on delegation.--The Secretary shall designate an official in the Department who reports directly to
the Secretary to oversee the implementation of the strategy throughout the Department.
(b) Information on International Criminals.-- (1) Information system.--The Secretary shall, in consultation with the heads of appropriate United States law enforcement agencies, including the Attorney General and the Secretary of the Treasury, take appropriate actions to establish an information system or improve existing information systems containing comprehensive information on serious crimes committed by foreign nationals. The information system shall be available to United States embassies and missions abroad for use in consideration of applications for visas for entry into the United States. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the actions taken under paragraph (1).
(c) Overseas Coordination of Counterdrug and Anticrime Programs, Policy, and Assistance.-- (1) Strengthening coordination.--The responsibilities of every diplomatic mission of the United States shall include the strengthening of cooperation between and among the United States and foreign governmental entities and multilateral entities with respect to activities relating to international narcotics and crime. (2) Designation of officers.-- (A) In general.--Consistent with existing memoranda of understanding between the Department of State and other departments and agencies of the United States, including the Department of Justice, the chief of mission of every diplomatic mission of the United States shall designate an officer or officers within the mission to carry out the responsibility of the mission under paragraph (1), including the coordination of counterdrug, law enforcement, rule of law, and administration of justice programs, policy, and assistance. Such officer or officers shall report to the chief of mission, or the designee of the chief of mission, on a regular basis regarding activities undertaken in carrying out such responsibility. (B) Reports.--The chief of mission of every diplomatic mission of the United States shall submit to the Secretary on a regular basis a report on the actions undertaken by the mission to carry out such responsibility. (3) Report to congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the status of any proposals for action or on action undertaken to improve staffing and personnel management at diplomatic missions of the United States in order to carry out the responsibility set forth in paragraph (1).
PROPERTIES.
The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.) is amended by adding at the end the following new section:
``Sec. 12. Not later than March 1 of each year, the Secretary of State shall submit to Congress a report listing overseas United States surplus properties that are administered under this Act and that have been identified for sale.''.
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;''.
Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section:
``SEC. 56. CRIMES COMMITTED BY DIPLOMATS.
``(a) Annual Report Concerning Diplomatic Immunity.-- ``(1) Report to congress.--180 days after the date of enactment, and annually thereafter, the Secretary of State shall prepare and submit to the Congress, a report concerning diplomatic immunity entitled ``Report on Cases Involving Diplomatic Immunity''. ``(2) Content of report.--In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following: ``(A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. ``(B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods.
``(C) Each case described in subparagraph (B) in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. ``(D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities. ``(E) Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen. ``(F) Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report. ``(3) Serious criminal offense defined.--For the purposes of this section, the term `serious criminal offense' means-- ``(A) any felony under Federal, State, or local law; ``(B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year; ``(C) any crime of violence as defined for purposes of section 16 of title 18, United States Code; or ``(D)(i) driving under the influence of alcohol or drugs; ``(ii) reckless driving; or ``(iii) driving while intoxicated.
``(b) United States Policy Concerning Reform of Diplomatic Immunity.--It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation-- ``(1) to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and ``(2) to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual.
``(c) Notification of Diplomatic Corps.--The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.''.
INTERNATIONAL TELECOMMUNICATIONS POLICY.
(a) Procurement Policy.--It is the policy of the United States to foster and support procurement of goods and services from private, commercial companies. (b) Implementation.--In order to achieve the policy set forth in subsection (a), the Diplomatic Telecommunications Service Program Office (DTS-PO) shall-- (1) utilize full and open competition, to the maximum extent practicable, in the procurement of telecommunications
services, including satellite space segment, for the Department of State and each other Federal entity represented at United States diplomatic missions and consular posts overseas; (2) make every effort to ensure and promote the participation in the competition for such procurement of commercial private sector providers of satellite space segment who have no ownership or other connection with an intergovernmental satellite organization; and (3) implement the competitive procedures required by paragraphs (1) and (2) at the prime contracting level and, to the maximum extent practicable, the subcontracting level.
(a) Repeals.--The following provisions of law are repealed: (1) Model foreign language competence posts.--The second sentence of section 161(c) of the Foreign Relations Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171 note). (2) Actions of the government of haiti.--Section 705(c) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83). (3) Training facility for the foreign service institute.--Section 123(e)(2) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93). (4) Military assistance for haiti.--Section 203(c) of the Special Foreign Assistance Act of 1986 (Public Law 99-529). (5) International sugar agreement, 1977.--Section 5 of the Act entitled ``An Act providing for the implementation of the International Sugar Agreement, 1977, and for other purposes'' (Public Law 96-236; 7 U.S.C. 3605 and 3606). (6) Audience survey of worldnet program.--Section 209 (c) and (d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204). (7) Research on the near and middle east.--Section 228(b) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).
(b) Progress Toward Regional Nonproliferation.--Section 620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2376(c); relating to periodic reports on progress toward regional nonproliferation) is amended by striking ``Not later than April 1, 1993 and every six months thereafter,'' and inserting ``Not later than April 1 of each year,''. (c) Report on Participation by United States Military Personnel Abroad in United States Elections.--Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act of 1986 (42 U.S.C. 1973ff(b)(6)) is amended by striking ``of voter participation'' and inserting ``of uniformed services voter participation, a general assessment of overseas nonmilitary participation,''.
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
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.
(a) Persons Authorized To Issue Reports of Births Abroad.--Section 33 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding at the end the following: ``For purposes of this paragraph, the term `consular officer' includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.''. (b) Provisions Applicable to Consular Officers.--Section 1689 of the Revised Statutes (22 U.S.C. 4191) is amended by inserting ``and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may prescribe'' after ``such officers''. (c) Persons Authorized To Authenticate Foreign Documents.-- (1) Designated united states citizens performing notarial acts.--Section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221) is further amended by inserting after the first sentence: ``At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer.''. (2) Definition of consular officers.--Section 3492(c) of title 18, United States Code, is amended by adding at the end the following: ``For purposes of this section and sections 3493 through 3496 of this title, the term `consular officers' includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of title 35, United States Code, is amended by adding at the end the following: ``For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).''.
(e) Definition of Consular Officer.--Section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by-- (1) inserting ``or employee'' after ``officer'' the second place it appears; and (2) inserting before the period at the end of the sentence ``or, when used in title III, for the purpose of adjudicating nationality''.
(f) Training for Employees Performing Consular Functions.--Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection: ``(d)(1) Before a United States citizen employee (other than a diplomatic or consular officer of the United States) may be designated by the Secretary of State, pursuant to regulation, to perform a consular function abroad, the United States citizen employee shall-- ``(A) be required to complete successfully a program of training essentially equivalent to the training that a consular officer who is a member of the Foreign Service would receive for purposes of performing such function; and ``(B) be certified by an appropriate official of the Department of State to be qualified by knowledge and experience to perform such function.
``(2) As used in this subsection, the term `consular function' includes the issuance of visas, the performance of notarial and other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship documentation.''.
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.
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,
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.
CHILD ABDUCTOR.
(a) Amendment of Immigration and Nationality Act.--Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and inserting the following: ``(ii) Aliens supporting abductors and relatives of abductors.--Any alien who-- ``(I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in clause (i), ``(II) is known by the Secretary of State to be intentionally providing material support or safe haven to an alien described in clause (i), or ``(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person's place of residence. ``(iii) Exceptions.--Clauses (i) and (ii) shall not apply-- ``(I) to a government official of the United States who is acting within the scope of his or her official duties; ``(II) to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion; or ``(III) so long as the child is located in a foreign state that is a party to the Convention on the
Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to aliens seeking admission to the United States on or after the date of enactment of this Act.
CHAPTER 3--REFUGEES AND MIGRATION
Subchapter A--Authorization of Appropriations
(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
THE INVOLUNTARY RETURN OF REFUGEES. (a) In General.--None of the funds made available by this subdivision shall be available to effect the involuntary return by the United States of any person to a country in which the person has a well- founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, except on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate Resolution of Ratification.
(b) Migration and Refugee Assistance.--None of the funds made available by section 2231 of this division or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return of any person to any country unless the Secretary of State first notifies the appropriate congressional committees, except that in the case of an emergency involving a threat to human life the Secretary of State shall notify the appropriate congressional committees as soon as practicable. (c) Involuntary Return Defined.--As used in this section, the term ``to effect the involuntary return'' means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person's will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent.
TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE. (a) Policy.--It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. (b) Regulations.--Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. (c) Exclusion of Certain Aliens.--To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)). (d) Review and Construction.--Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (e) Authority To Detain.--Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act. (f) Definitions.--
(1) Convention defined.--In this section, the term ``Convention'' means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. (2) Same terms as in the convention.--Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
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.''.
Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009- 171) is amended-- (1) in subsection (a)-- (A) by striking ``For purposes'' and inserting ``Notwithstanding any other provision of law, for purposes''; and (B) by striking ``fiscal year 1997'' and inserting ``fiscal years 1997, 1998, and 1999''; and (2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.-- ``(1) In general.-- An alien described in this subsection is an alien who-- ``(A) is the son or daughter of a qualified national; ``(B) is 21 years of age or older; and ``(C) was unmarried as of the date of acceptance of the alien's parent for resettlement under the Orderly Departure Program. ``(2) Qualified national.--For purposes of paragraph (1), the term `qualified national' means a national of Vietnam who-- ``(A)(i) was formerly interned in a reeducation camp in Vietnam by the Government of the Socialist Republic of Vietnam; or
``(ii) is the widow or widower of an individual described in clause (i); and ``(B)(i) qualified for refugee processing under the reeducation camp internees subprogram of the Orderly Departure Program; and ``(ii) on or after April 1, 1995, is or has been accepted-- ``(I) for resettlement as a refugee; or ``(II) for admission as an immigrant under the Orderly Departure Program.''.
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
(a) Establishment.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection: ``(f) Coordinator for Counterterrorism.-- `` (1) In general.--There is within the office of the Secretary of State a Coordinator for Counterterrorism (in this paragraph referred to as the `Coordinator') who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Duties.-- ``(A) In general.--The Coordinator shall perform such duties and exercise such powers as the Secretary of State shall prescribe. ``(B) Duties described.--The principal duty of the Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism activities. The Coordinator shall be the principal adviser to the Secretary of State on international counterterrorism matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State. ``(3) Rank and status of ambassador.--The Coordinator shall have the rank and status of Ambassador at Large.''.
(b) Technical and Conforming Amendments.--Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103- 236) is amended by striking subsection (e).
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).
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.''.
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.''.
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.
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
(a) Performance Pay.--Section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965) is amended-- (1) in subsection (a), by striking ``Members'' and inserting ``Subject to subsection (e), members''; and (2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the Secretary of State may provide for recognition of the meritorious or distinguished service of any member of the Foreign Service described in subsection (a) (including any member of the Senior Foreign Service) by means other than an award of performance pay in lieu of making such an award under this section.''. (b) Expedited Separation Out.-- (1) Separation of lowest ranked foreign service members.--Not later than 90 days after the date of enactment of this Act, the Secretary of State shall develop and implement procedures to identify, and recommend for separation, any member of the Foreign Service ranked by promotion boards of the Department of State in the bottom 5 percent of his or her class for 2 or more of the 5 years preceding the date of enactment of this Act (in this subsection referred to as the ``years of lowest ranking'') if the rating official for such member was not the same individual for any two of the years of lowest ranking. (2) Special internal reviews.--In any case where the member was evaluated by the same rating official in any 2 of the years of lowest ranking, an internal review of the member's file shall be conducted to determine whether the member should be considered for action leading to separation.
(3) Procedures.--The Secretary of State shall develop procedures for the internal reviews required under paragraph (2).
(a) Benefits.--Section 609 of the Foreign Service Act of 1980 (22 U.S.C. 4009) is amended-- (1) in subsection (a)(2)(A), by inserting ``or any other applicable provision of chapter 84 of title 5, United States Code,'' after ``section 811''; (2) in subsection (a), by inserting ``or section 855, as appropriate'' after ``section 806''; and (3) in subsection (b)(2)-- (A) by striking ``(2)'' and inserting ``(2)(A) for those participants in the Foreign Service Retirement and Disability System,''; and (B) by inserting before the period at the end ``; and (B) for those participants in the Foreign Service Pension System, benefits as provided in section 851''; and (4) in subsection (b) in the matter following paragraph (2), by inserting ``(for participants in the Foreign Service Retirement and Disability System) or age 62 (for participants in the Foreign Service Pension System)'' after ``age 60''.
(b) Entitlement to Annuity.--Section 855(b) of the Foreign Service Act of 1980 (22 U.S.C. 4071d(b)) is amended-- (1) in paragraph (1)-- (A) by inserting ``611,'' after ``608,''; (B) by inserting ``or for participants in the Foreign Service Pension System,'' after ``for participants in the Foreign Service Retirement and Disability System''; and (C) by striking ``Service shall'' and inserting ``Service, shall''; and (2) in paragraph (3), by striking ``or 610'' and inserting ``610, or 611''.
(c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Exceptions.--The amendments made by paragraphs (2) and (3) of subsection (a) and paragraphs (1)(A) and (2) of subsection (b) shall apply with respect to any actions taken under section 611 of the Foreign Service Act of 1980 on or after January 1, 1996.
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''.
(a) In General.--Section 706(a) of the Foreign Service Act of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end the following new sentence: ``Career counseling and related services provided pursuant to this Act shall not be construed to permit an assignment that consists primarily of paid time to conduct
a job search and without other substantive duties for more than one month.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective 180 days after the date of the enactment of this Act.
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.''.
THE DIPLOMATIC SECURITY SERVICE.
(a) In General.--Section 5545a of title 5, United States Code, is amended by adding at the end the following: ``(k)(1) For purposes of this section, the term `criminal investigator' includes a special agent occupying a position under title II of Public Law 99-399 if such special agent-- ``(A) meets the definition of such term under paragraph (2) of subsection (a) (applied disregarding the parenthetical matter before subparagraph (A) thereof); and ``(B) such special agent satisfies the requirements of subsection (d) without taking into account any hours described in paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to a special agent under this subsection-- ``(A) any reference in such subsection to `basic pay' shall be considered to include amounts designated as `salary'; ``(B) paragraph (2)(A) of such subsection shall be considered to include (in addition to the provisions of law specified therein) sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980; and ``(C) paragraph (2)(B) of such subsection shall be applied by substituting for `Office of Personnel Management' the following: `Office of Personnel Management or the Secretary of State (to the extent that matters exclusively within the jurisdiction of the Secretary are concerned)'.''.
(b) Implementation.--Not later than the date on which the amendments made by this section take effect, each special agent of the Diplomatic Security Service who satisfies the requirements of subsection (k)(1) of section 5545a of title 5, United States Code, as amended by this section, and the appropriate supervisory officer, to be designated by the Secretary of State, shall make an initial certification to the Secretary of State that the special agent is expected to meet the requirements of subsection (d) of such section 5545a. The Secretary of State may prescribe procedures necessary to administer this subsection. (c) Technical and Conforming Amendments.--(1) Paragraph (2) of section 5545a(a) of title 5, United States Code, is amended
(in the matter before subparagraph (A)) by striking ``Public Law 99- 399)'' and inserting ``Public Law 99-399, subject to subsection (k))''. (2) Section 5542(e) of such title is amended by striking ``title 18, United States Code,'' and inserting ``title 18 or section 37(a)(3) of the State Department Basic Authorities Act of 1956,''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first applicable pay period-- (1) which begins on or after the 90th day following the date of the enactment of this Act; and (2) on which date all regulations necessary to carry out such amendments are (in the judgment of the Director of the Office of Personnel Management and the Secretary of State) in effect.
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.''.
THE FOREIGN SERVICE.
The Secretary of State shall during each of calendar years 1998 and 1999 submit a report to the Congress concerning minorities and the Foreign Service officer corps. In addition to such other information as is relevant to this issue, the report shall include the following data for the last preceding examination and promotion cycles for which such information is available (reported in terms of real numbers and percentages and not as ratios): (1) The numbers and percentages of all minorities taking the written Foreign Service examination. (2) The numbers and percentages of all minorities successfully completing and passing the written Foreign Service examination. (3) The numbers and percentages of all minorities successfully completing and passing the oral Foreign Service examination. (4) The numbers and percentages of all minorities entering the junior officers class of the Foreign Service. (5) The numbers and percentages of all minority Foreign Service officers at each grade. (6) The numbers of and percentages of minorities promoted at each grade of the Foreign Service officer corps.
Title XXIV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
CULTURAL EXCHANGE PROGRAMS.
The following amounts are authorized to be appropriated to carry out international information activities and educational and cultural exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the Board for International Broadcasting Act, the North/South Center Act of 1991, and the National Endowment for Democracy Act, and to carry out other authorities in law consistent with such purposes: (1) International information programs.--For ``International Information Programs'', $427,097,000 for the fiscal year 1998 and $455,246,000 for the fiscal year 1999. (2) Technology fund.--For the ``Technology Fund'' for the United States Information Agency, $5,050,000 for the fiscal year 1998 and $5,050,000 for the fiscal year 1999. (3) Educational and cultural exchange programs.-- (A) Fulbright academic exchange programs.-- (i) Fulbright academic exchange programs.-- There are authorized to be appropriated for the ``Fulbright Academic Exchange Programs'' (other than programs described in subparagraph (B)), $99,236,000 for the fiscal year 1998 and $100,000,000 for the fiscal year 1999. (ii) Vietnam fulbright academic exchange programs.--Of the amounts authorized to be appropriated under clause (i), $5,000,000 for the fiscal year 1998 and $5,000,000 for the fiscal year 1999 are authorized to be available for the Vietnam scholarship program established by section 229 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138). (B) Other educational and cultural exchange programs.-- (i) In general.--There are authorized to be appropriated for other educational and cultural exchange programs authorized by law, $100,764,000 for the fiscal year 1998 and $102,500,000 for the fiscal year 1999. (ii) South pacific exchanges.--Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for ``South Pacific Exchanges''. (iii) East timorese scholarships.--Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for ``East Timorese Scholarships''.
(iv) Tibetan exchanges.--Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for ``Educational and Cultural Exchanges with Tibet'' under section 236 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236). (4) International broadcasting activities.-- (A) Authorization of appropriations.--For ``International Broadcasting Activities'', $340,315,000 for the fiscal year 1998, and $340,365,000 for the fiscal year 1999. (B) Allocation.--Of the amounts authorized to be appropriated under subparagraph (A), the Director of the United States Information Agency and the Broadcasting Board of Governors shall seek to ensure that the amounts made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to the amounts made available for broadcasting to other nations. (5) Radio construction.--For ``Radio Construction'', $40,000,000 for the fiscal year 1998, and $13,245,000 for the fiscal year 1999. (6) Radio free asia.--For ``Radio Free Asia'', $24,100,000 for the fiscal year 1998 and $22,000,000 for the fiscal year 1999, and an additional $8,000,000 in fiscal year 1998 for one- time capital costs. (7) Broadcasting to cuba.--For ``Broadcasting to Cuba'', $22,095,000 for the fiscal year 1998 and $22,095,000 for the fiscal year 1999. (8) Center for cultural and technical interchange between east and west.--For the ``Center for Cultural and Technical Interchange between East and West'', not more than $12,000,000 for the fiscal year 1998 and not more than $12,500,000 for the fiscal year 1999. (9) National endowment for democracy.--For the ``National Endowment for Democracy'', $30,000,000 for the fiscal year 1998 and $31,000,000 for the fiscal year 1999. (10) Center for cultural and technical interchange between north and south.--For ``Center for Cultural and Technical Interchange between North and South'' not more than $1,500,000 for the fiscal year 1998 and not more than $1,750,000 for the fiscal year 1999.
CHAPTER 2--AUTHORITIES AND ACTIVITIES
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.
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.''.
(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''.
STATES GOVERNMENT-SPONSORED INTERNATIONAL EXCHANGES AND TRAINING.
Section 112 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended by adding at the end the following new subsection: ``(g) Working Group on United States Government Sponsored International Exchanges and Training.--(1) In order to carry out the purposes of subsection (f) and to improve the coordination, efficiency, and effectiveness of United States Government-
sponsored international exchanges and training, there is established within the United States Information Agency a senior-level interagency working group to be known as the Working Group on United States Government-Sponsored International Exchanges and Training (in this section referred to as the `Working Group'). ``(2) For purposes of this subsection, the term `Government- sponsored international exchanges and training' means the movement of people between countries to promote the sharing of ideas, to develop skills, and to foster mutual understanding and cooperation, financed wholly or in part, directly or indirectly, with United States Government funds. ``(3) The Working Group shall be composed as follows: ``(A) The Associate Director for Educational and Cultural Affairs of the United States Information Agency, who shall act as Chair. ``(B) A senior representative of the Department of State, who shall be designated by the Secretary of State. ``(C) A senior representative of the Department of Defense, who shall be designated by the Secretary of Defense. ``(D) A senior representative of the Department of Education, who shall be designated by the Secretary of Education. ``(E) A senior representative of the Department of Justice, who shall be designated by the Attorney General. ``(F) A senior representative of the Agency for International Development, who shall be designated by the Administrator of the Agency. ``(G) Senior representatives of such other departments and agencies as the Chair determines to be appropriate.
``(4) Representatives of the National Security Adviser and the Director of the Office of Management and Budget may participate in the Working Group at the discretion of the Adviser and the Director, respectively. ``(5) The Working Group shall be supported by an interagency staff office established in the Bureau of Educational and Cultural Affairs of the United States Information Agency. ``(6) The Working Group shall have the following purposes and responsibilities: ``(A) To collect, analyze, and report data provided by all United States Government departments and agencies conducting international exchanges and training programs. ``(B) To promote greater understanding and cooperation among concerned United States Government departments and agencies of common issues and challenges in conducting international exchanges and training programs, including through the establishment of a clearinghouse for information on international exchange and training activities in the governmental and nongovernmental sectors. ``(C) In order to achieve the most efficient and cost- effective use of Federal resources, to identify administrative and programmatic duplication and overlap of activities by the various United States Government departments and agencies involved in Government-sponsored international exchange and training programs, to identify how each Government-sponsored international exchange and training program promotes United States foreign policy, and to report thereon. ``(D)(i) Not later than 1 year after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998
and 1999, the Working Group shall develop a coordinated and cost-effective strategy for all United States Government- sponsored international exchange and training programs, including an action plan with the objective of achieving a minimum of 10 percent cost savings through greater efficiency, the consolidation of programs, or the elimination of duplication, or any combination thereof. ``(ii) Not later than 1 year after the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, the Working Group shall submit a report to the appropriate congressional committees setting forth the strategy and action plan required by clause (i). ``(iii) Each year thereafter the Working Group shall assess the strategy and plan required by clause (i). ``(E) Not later than 2 years after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, to develop recommendations on common performance measures for all United States Government- sponsored international exchange and training programs, and to issue a report. ``(F) To conduct a survey of private sector international exchange activities and develop strategies for expanding public and private partnerships in, and leveraging private sector support for, United States Government-sponsored international exchange and training activities. ``(G) Not later than 6 months after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, to report on the feasibility and advisability of transferring funds and program management for the ATLAS or the Mandela Fellows programs, or both, in South Africa from the Agency for International Development to the United States Information Agency. The report shall include an assessment of the capabilities of the South African Fulbright Commission to manage such programs and the cost effects of consolidating such programs under one entity.
``(7) All reports prepared by the Working Group shall be submitted to the President, through the Director of the United States Information Agency. ``(8) The Working Group shall meet at least on a quarterly basis. ``(9) All decisions of the Working Group shall be by majority vote of the members present and voting. ``(10) The members of the Working Group shall serve without additional compensation for their service on the Working Group. Any expenses incurred by a member of the Working Group in connection with service on the Working Group shall be compensated by that member's department or agency. ``(11) With respect to any report issued under paragraph (6), a member may submit dissenting views to be submitted as part of the report of the Working Group.''.
TIBETANS AND BURMESE.
(a) In General.--Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2151 note) is amended-- (1) by striking ``for fiscal year 1997'' and inserting ``for the fiscal year 1999''; and
(2) by inserting after ``who are outside Tibet'' the following: ``(if practicable, including individuals active in the preservation of Tibet's unique culture, religion, and language)''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 1998.
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.
(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).
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.
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).
(a) In General.--The Voice of America shall devote programming each day to broadcasting information on the individual States of the United States. The broadcasts shall include-- (1) information on the products, tourism, and cultural and educational facilities of each State; (2) information on the potential for trade with each State; and (3) discussions with State officials with respect to the matters described in paragraphs (1) and (2).
(b) Report.--Not later than one year after the date of enactment of this Act, the Broadcasting Board of Governors of the United States Information Agency shall submit a report to Congress detailing the actions that have been taken to carry out subsection (a).
(c) State Defined.--In this section, the term ``State'' means any of the several States of the United States, the District of Columbia, or any commonwealth or territory of the United States.
Title XXV—INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS
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.
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.
BUREAU OF THE INTERPARLIAMENTARY UNION.
(a) Interparliamentary Union Limitation.--Unless the Secretary of State certifies to Congress that the United States will be assessed not more than $500,000 for its annual contribution to the Bureau of the Interparliamentary Union during fiscal year
1999, then effective October 1, 1999, the authority for further participation by the United States in the Bureau shall terminate in accordance with subsection (d).
(b) Elimination of Authority To Pay Expenses of the American Group.--Section 1 of the Act entitled ``An Act to authorize participation by the United States in the Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 276) is amended-- (1) in the first sentence-- (A) by striking ``fiscal year'' and all that follows through ``(1) for'' and inserting ``fiscal year for''; (B) by striking ``; and''; and (C) by striking paragraph (2); and (2) by striking the second sentence.
(c) Elimination of Permanent Appropriation.--Section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988 (as contained in section 101(a) of the Continuing Appropriations Act, 1988 (Public Law 100-202; 22 U.S.C. 276 note)) is amended-- (1) by striking ``$440,000'' and inserting ``$350,000''; and (2) by striking ``paragraph (2) of the first section of Public Law 74-170,''.
(d) Conditional Termination of Authority.--Unless Congress receives the certification described in subsection (a) before October 1, 1999, effective on that date the Act entitled ``An Act to authorize participation by the United States in the Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 276-276a-4) is repealed. (e) Transfer of Funds to the Treasury.-- Unobligated balances of appropriations made under section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act 1988 (as contained in section 101(a) of the Continuing Appropriations Act, 1988; Public Law 100-202) that are available as of the day before the date of enactment of this Act shall be transferred on such date to the general fund of the Treasury of the United States.
(a) In General.--Section 3582(b) of title 5, United States Code, is amended by striking all after the first sentence and inserting the following: ``On reemployment, an employee entitled to the benefits of subsection (a) is entitled to the rate of basic pay to which the employee would have been entitled had the employee remained in the civil service. On reemployment, the agency shall restore the sick leave account of the employee, by credit or charge, to its status at the time of transfer. The period of separation caused by the employment of the employee with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. This subsection does not apply to a congressional employee.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to transfers that take effect on or after the date of enactment of this Act.
(a) Prohibition.--Except as provided in subsection (e), none of the funds authorized to be appropriated by this division for fiscal year 1999 may be used to pay for the expenses of foreign travel by an officer or employee of an Executive branch agency
to attend an international conference, or for the routine services that a United States diplomatic mission or consular post provides in support of foreign travel by such an officer or employee to attend an international conference, unless that officer or employee has submitted a preliminary report with respect to that foreign travel in accordance with subsection (b), and has not previously failed to submit a final report with respect to foreign travel to attend an international conference required by subsection (c). (b) Preliminary Reports.--A preliminary report referred to in subsection (a) is a report by an officer or employee of an Executive branch agency with respect to proposed foreign travel to attend an international conference, submitted to the Director prior to commencement of the travel, setting forth-- (1) the name and employing agency of the officer or employee; (2) the name of the official who authorized the travel; and (3) the purpose and duration of the travel.
(c) Final Reports.--A final report referred to in subsection (a) is a report by an officer or employee of an Executive branch agency with respect to foreign travel to attend an international conference, submitted to the Director not later than 30 days after the conclusion of the travel-- (1) setting forth the actual duration and cost of the travel; and (2) updating any other information included in the preliminary report.
(d) Report to Congress.--The Director shall submit a report not later than April 1, 1999, to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives, setting forth with respect to each international conference for which reports described in subsection (c) were required to be submitted to the Director during the preceding six months-- (1) the names and employing agencies of all officers and employees of Executive branch agencies who attended the international conference; (2) the names of all officials who authorized travel to the international conference, and the total number of officers and employees who were authorized to travel to the conference by each such official; and (3) the total cost of travel by officers and employees of Executive branch agencies to the international conference.
(e) Exceptions.--This section shall not apply to travel by-- (1) the President or the Vice President; (2) any officer or employee who is carrying out an intelligence or intelligence-related activity, who is performing a protective function, or who is engaged in a sensitive diplomatic mission; or (3) any officer or employee who travels prior to January 1, 1999.
(f) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Office of International Conferences of the Department of State. (2) Executive branch agency.--The terms ``Executive branch agency'' and ``Executive branch agencies'' mean--
(A) an entity or entities, other than the General Accounting Office, defined in section 105 of title 5, United States Code; and (B) the Executive Office of the President (except as provided in subsection (e)). (3) International conference.--The term ``international conference'' means any meeting held under the auspices of an international organization or foreign government, at which representatives of more than two foreign governments are expected to be in attendance, and to which United States Executive branch agencies will send a total of ten or more representatives.
(g) Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report describing-- (1) the total Federal expenditure of all official international travel in each Executive branch agency during the previous fiscal year; and (2) the total number of individuals in each agency who engaged in such travel.
Title XXVI—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
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.
Section 303 of the Arms Control and Disarmament Act (22 U.S.C. 2573), as redesignated by section 2223 of this division, is amended by adding at the end the following new subsection: ``(c) Statutory Construction.--Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.''.
Title XXVII
This title may be cited as the ``European Security Act of 1998''.
(a) Policy With Respect to NATO Enlargement.--Congress urges the President to outline a clear and complete strategic rationale for the enlargement of the North Atlantic Treaty Organization (NATO), and declares that-- (1) Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO; (2) the United States should ensure that NATO continues a process whereby all other emerging democracies in Central and Eastern Europe that wish to join NATO will be considered
for membership in NATO as soon as they meet the criteria for such membership; (3) the United States should ensure that no limitations are placed on the numbers of NATO troops or types of equipment, including tactical nuclear weapons, to be deployed on the territory of new member states; (4) the United States should reject all efforts to condition NATO decisions on review or approval by the United Nations Security Council; (5) the United States should clearly delineate those NATO deliberations, including but not limited to discussions on arms control, further Alliance enlargement, procurement matters, and strategic doctrine, that are not subject to review or discussion in the NATO-Russia Permanent Joint Council; (6) the United States should work to ensure that countries invited to join the Alliance are provided an immediate seat in NATO discussions; and (7) the United States already pays more than a proportionate share of the costs of the common defense of Europe and should obtain, in advance, agreement on an equitable distribution of the cost of NATO enlargement to ensure that the United States does not continue to bear a disproportionate burden.
(b) Policy With Respect to Negotiations With Russia.-- (1) Implementation.--NATO enlargement should be carried out in such a manner as to underscore the Alliance's defensive nature and demonstrate to Russia that NATO enlargement will enhance the security of all countries in Europe, including Russia. Accordingly, the United States and its NATO allies should make this intention clear in negotiations with Russia, including negotiations regarding adaptation of the Conventional Armed Forces in Europe (CFE) Treaty of November 19, 1990. (2) Limitations on commitments to russia.--In seeking to demonstrate to Russia NATO's defensive and security-enhancing intentions, it is essential that neither fundamental United States security interests in Europe nor the effectiveness and flexibility of NATO as a defensive alliance be jeopardized. In particular, no commitments should be made to Russia that would have the effect of-- (A) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including rights or responsibilities with respect to the deployment of nuclear weapons and the stationing of troops and equipment from other NATO members; (B) limiting the ability of NATO to defend the territory of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO to deploy necessary reinforcements; (C) providing any international organization, or any country that is not a member of NATO, with authority to delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or the implementation of such decisions, including deliberations and decisions with respect to the deployment of NATO forces or the admission of additional members to NATO;
(D) impeding the development of enhanced relations between NATO and other European countries that do not belong to the Alliance; (E) establishing a nuclear weapons-free zone in Central or Eastern Europe; (F) requiring NATO to subsidize Russian arms sales, service, or support to the militaries of those former Warsaw Pact countries invited to join the Alliance; or (G) legitimizing Russian efforts to link concessions in arms control negotiations to NATO enlargement. (3) Commitments from russia.--In order to enhance security and stability in Europe, the United States should seek commitments from Russia-- (A) to demarcate and respect all its borders with neighboring states; (B) to achieve the immediate and complete withdrawal of any armed forces and military equipment under the control of Russia that are deployed on the territories of the independent states of the former Soviet Union without the full and complete agreement of those states; (C) to station its armed forces on the territory of other states only with the full and complete agreement of that state and in strict accordance with international law; and (D) to take steps to reduce further its nuclear and conventional forces in Kaliningrad. (4) Consultations.--As negotiations on adaptation of the Treaty on Conventional Armed Forces in Europe proceed, the United States should engage in close and continuous consultations not only with its NATO allies, but also with the emerging democracies of Central and Eastern Europe, Ukraine, and the South Caucasus.
(c) Policy With Respect to Ballistic Missile Defense Cooperation.-- (1) In general.--As the United States proceeds with efforts to develop defenses against ballistic missile attack, it should seek to foster a climate of cooperation with Russia on matters related to missile defense. In particular, the United States and its NATO allies should seek to cooperate with Russia in such areas as early warning. (2) Discussions with nato allies.--The United States should initiate discussions with its NATO allies for the purpose of examining the feasibility of deploying a ballistic missile defense capable of protecting NATO's southern and eastern flanks from a limited ballistic missile attack. (3) Constitutional prerogatives.--Even as the Congress seeks to promote ballistic missile defense cooperation with Russia, it must insist on its constitutional prerogatives regarding consideration of arms control agreements with Russia that bear on ballistic missile defense.
(a) Policy of Section.--This section is enacted in order to implement the policy set forth in section 2702(a). (b) Designation of Additional Countries Eligible for NATO Enlargement Assistance.-- (1) Designation of additional countries.--Romania, Estonia, Latvia, Lithuania, and Bulgaria are each designated
as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (22 U.S.C. 1928 note) and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (2) Rule of construction.--The designation of countries pursuant to paragraph (1) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (A) is in addition to the designation of other countries by law or pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act; and (B) shall not preclude the designation by the President of other emerging democracies in Central and Eastern Europe pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act. (3) Sense of congress.--It is the sense of Congress that Romania, Estonia, Latvia, Lithuania, and Bulgaria-- (A) are to be commended for their progress toward political and economic reform and meeting the guidelines for prospective NATO members; (B) would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members; and (C) upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date.
(c) Regional Airspace Initiative and Partnership for Peace Information Management System.-- (1) In general.--Funds described in paragraph (2) are authorized to be made available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System, including-- (A) the procurement of items in support of these programs; and (B) the transfer of such items to countries participating in these programs. (2) Funds described.--Funds described in this paragraph are funds that are available-- (A) during any fiscal year under the NATO Participation Act of 1994 with respect to countries eligible for assistance under that Act; or (B) during fiscal year 1998 under any Act to carry out the Warsaw Initiative.
(d) Extension of Authority Regarding Excess Defense Articles.-- Section 105 of Public Law 104-164 (110 Stat. 1427) is amended by striking ``1996 and 1997'' and inserting ``1997, 1998, and 1999''. (e) Conforming Amendments to the NATO Participation Act of 1994.-- Section 203(c) of the NATO Participation Act of 1994 (22 U.S.C. 1928 note) is amended-- (1) in paragraph (1), by striking ``, without regard to the restrictions'' and all that follows through ``section)''; (2) by striking paragraph (2);
(3) in paragraph (6), by striking ``appropriated under the `Nonproliferation and Disarmament Fund' account'' and inserting ``made available for the `Nonproliferation and Disarmament Fund' ''; and (4) in paragraph (8)-- (A) by striking ``any restrictions in sections 516 and 519'' and inserting ``section 516(e)''; (B) by striking ``as amended,''; and (C) by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (5) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively.
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.
DEFENSE.
(a) Policy of Section.--This section is enacted in order to implement the policy set forth in section 2702(c). (b) Restriction on Entry Into Force of ABM/TMD Demarcation Agreements.--An ABM/TMD demarcation agreement shall not be binding on the United States, and shall not enter into force with respect to the United States, unless, after the date of enactment of this Act, that agreement is specifically approved with the advice and consent of the United States Senate pursuant to Article II, section 2, clause 2 of the Constitution. (c) Sense of Congress With Respect to Demarcation Agreements.-- (1) Relationship to multilateralization of abm treaty.--It is the sense of Congress that no ABM/TMD demarcation agreement will be considered for advice and consent to ratification unless, consistent with the certification of the President pursuant to condition (9) of the resolution of
ratification of the CFE Flank Document, the President submits for Senate advice and consent to ratification any agreement, arrangement, or understanding that would-- (A) add one or more countries as State Parties to the ABM Treaty, or otherwise convert the ABM Treaty from a bilateral treaty to a multilateral treaty; or (B) change the geographic scope or coverage of the ABM Treaty, or otherwise modify the meaning of the term ``national territory'' as used in Article VI and Article IX of the ABM Treaty. (2) Preservation of united states theater ballistic missile defense potential.--It is the sense of Congress that no ABM/TMD demarcation agreement that would reduce the capabilities of United States theater missile defense systems, or the numbers or deployment patterns of such systems, will be approved for entry into force with respect to the United States.
(d) Report on Cooperative Projects With Russia.--Not later than January 1, 1999, and January 1, 2000, the President shall submit to the Committees on International Relations, National Security, and Appropriations of the House of Representatives and the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate a report on cooperative projects with Russia in the area of ballistic missile defense, including in the area of early warning. Each such report shall include the following: (1) Cooperative projects.--A description of all cooperative projects conducted in the area of early warning and ballistic missile defense during the preceding fiscal year and the fiscal year during which the report is submitted. (2) Funding.--A description of the funding for such projects during the preceding fiscal year and the year during which the report is submitted and the proposed funding for such projects for the next fiscal year. (3) Status of dialogue or discussions.--A description of the status of any dialogue or discussions conducted during the preceding fiscal year between the United States and Russia aimed at exploring the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the ABM Treaty, including the possibility of developing a strategic relationship not based on mutual nuclear threats.
(e) Definitions.--In this section: (1) ABM/TMD demarcation agreement.--The term ``ABM/TMD demarcation agreement'' means any agreement that establishes a demarcation between theater ballistic missile defense systems and strategic antiballistic missile defense systems for purposes of the ABM Treaty. (2) ABM treaty.--The term ``ABM Treaty'' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972 (23 UST 3435), and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974 (27 UST 1645).
Title XXVIII—OTHER FOREIGN POLICY PROVISIONS
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.
(a) Reports Required.--Not later than 30 days after the date of the enactment of this Act and every 3 months thereafter during the period ending September 30, 1999, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each report shall include-- (1) an unclassified list, by economic sector, of the number of entities then under review pursuant to that section; (2) an unclassified list of all entities and a classified list of all individuals that the Secretary of State has determined to be subject to that section; (3) an unclassified list of all entities and a classified list of all individuals that the Secretary of State has determined are no longer subject to that section; (4) an explanation of the status of the review underway for the cases referred to in paragraph (1); and (5) an unclassified explanation of each determination of the Secretary of State under section 401(a) of that Act and each finding of the Secretary under section 401(c) of that Act-- (A) since the date of the enactment of this Act, in the case of the first report under this subsection; and (B) in the preceding 3-month period, in the case of each subsequent report.
(b) Protection of Identity of Concerned Entities.--In preparing the report under subsection (a), the names of entities shall not be identified under paragraph (1) or (4).
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.
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.
In order to provide Congress with the necessary information by which to evaluate the relationship between the United States
and Vietnam, the Secretary of State shall submit a report to the appropriate congressional committees, not later than 90 days after the date of enactment of this Act and every 180 days thereafter during the period ending September 30, 1999, on the extent to which-- (1) the Government of the Socialist Republic of Vietnam is cooperating with the United States in providing the fullest possible accounting of all unresolved cases of prisoners of war (POWs) or persons missing-in-action (MIAs) through the provision of records and the unilateral and joint recovery and repatriation of American remains; (2) the Government of the Socialist Republic of Vietnam has made progress toward the release of all political and religious prisoners, including Catholic, Protestant, and Buddhist clergy; (3) the Government of the Socialist Republic of Vietnam is cooperating with requests by the United States to obtain full and free access to persons of humanitarian interest to the United States for interviews under the Orderly Departure (ODP) and Resettlement Opportunities for Vietnamese Refugees (ROVR) programs, and in providing exit visas for such persons; (4) the Government of the Socialist Republic of Vietnam has taken vigorous action to end extortion, bribery, and other corrupt practices in connection with such exit visas; and (5) the Government of the United States is making vigorous efforts to interview and resettle former reeducation camp victims, their immediate families including unmarried sons and daughters, former United States Government employees, and other persons eligible for the ODP program, and to give such persons the full benefit of all applicable United States laws including sections 599D and 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990 (Public Law 101-167).
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.
WESTERN HEMISPHERE.
(a) Sense of Congress on Discussions for Alliance.-- (1) Sense of congress.--It is the sense of Congress that the President should discuss with the democratically-elected governments of the Western Hemisphere, the prospect of
forming a multilateral alliance to address problems relating to international drug trafficking in the Western Hemisphere. (2) Consultations.--In the consultations on the prospect of forming an alliance described in paragraph (1), the President should seek the input of such governments on the possibility of forming one or more structures within the alliance-- (A) to develop a regional, multilateral strategy to address the threat posed to nations in the Western Hemisphere by drug trafficking; and (B) to establish a new mechanism for improving multilateral coordination of drug interdiction and drug- related law enforcement activities in the Western Hemisphere.
(b) Report.-- (1) Requirement.--Not later than 60 days after the date of enactment of this Act, the President shall submit to Congress a report on the proposal discussed under subsection (a). The report shall include the following: (A) An analysis of the reactions of the governments concerned to the proposal. (B) An assessment of the proposal, including an evaluation of the feasibility and advisability of forming the alliance. (C) A determination in light of the analysis and assessment whether or not the formation of the alliance is in the national interests of the United States. (D) If the President determines that the formation of the alliance is in the national interests of the United States, a plan for encouraging and facilitating the formation of the alliance. (E) If the President determines that the formation of the alliance is not in the national interests of the United States, an alternative proposal to improve significantly efforts against the threats posed by narcotics trafficking in the Western Hemisphere, including an explanation of how the alternative proposal will-- (i) improve upon current cooperation and coordination of counter-drug efforts among nations in the Western Hemisphere; (ii) provide for the allocation of the resources required to make significant progress in disrupting and disbanding the criminal organizations responsible for the trafficking of illegal drugs in the Western Hemisphere; and (iii) differ from and improve upon past strategies adopted by the United States Government which have failed to make sufficient progress against the trafficking of illegal drugs in the Western Hemisphere. (2) Unclassified form.--The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
THE WORLD TRADE ORGANIZATION.
(a) Findings.--The Congress makes the following findings: (1) The people of the United States and the people of the Republic of China on Taiwan have long enjoyed extensive ties.
(2) Taiwan is currently the 8th largest trading partner of the United States. (3) The executive branch of Government has committed publicly to support Taiwan's bid to join the World Trade Organization and has declared that the United States will not oppose this bid solely on the grounds that the People's Republic of China, which also seeks membership in the World Trade Organization, is not yet eligible because of its unacceptable trade practices. (4) The United States and Taiwan have concluded discussions on a variety of outstanding trade issues that remain unresolved with the People's Republic of China and that are necessary for the United States to support Taiwan's membership in the World Trade Organization. (5) The reversion of control over Hong Kong--a member of the World Trade Organization--to the People's Republic of China in many respects affords to the People's Republic of China the practical benefit of membership in the World Trade Organization for a substantial portion of its trade in goods despite the fact that the trade practices of the People's Republic of China currently fall far short of what the United States expects for membership in the World Trade Organization. (6) The executive branch of Government has announced its interest in the admission of the People's Republic of China to the World Trade Organization; the fundamental sense of fairness of the people of the United States warrants the United States Government's support for Taiwan's relatively more meritorious application for membership in the World Trade Organization. (7) Despite having made significant progress in negotiations for its accession to the World Trade Organization, Taiwan has yet to offer acceptable terms of accession in agricultural and certain other market sectors. (8) It is in the economic interest of United States consumers and exporters for Taiwan to complete those requirements for accession to the World Trade Organization at the earliest possible moment.
(b) Congressional Statement.--The Congress favors public support by officials of the Department of State for the accession of Taiwan to the World Trade Organization.
AGENCY IN CUBA.
(a) Withholding of United States Proportional Share of Assistance.-- Section 307(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(c)) is amended-- (1) by striking ``The limitations'' and inserting ``(1) Subject to paragraph (2), the limitations''; and (2) by adding at the end the following:
``(2)(A) Except as provided in subparagraph (B), with respect to funds authorized to be appropriated by this chapter and available for the International Atomic Energy Agency, the limitations of subsection (a) shall apply to programs or projects of such Agency in Cuba. ``(B)(i) Subparagraph (A) shall not apply with respect to programs or projects of the International Atomic Energy Agency that provide for the discontinuation, dismantling, or safety inspection
of nuclear facilities or related materials, or for inspections and similar activities designed to prevent the development of nuclear weapons by a country described in subsection (a). ``(ii) Clause (i) shall not apply with respect to the Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research Center unless Cuba-- ``(I) ratifies the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear Weapons in Latin America (commonly known as the Treaty of Tlatelolco); ``(II) negotiates full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and ``(III) incorporates internationally accepted nuclear safety standards.''.
(b) Opposition to Certain Programs or Projects.--The Secretary of State shall direct the United States representative to the International Atomic Energy Agency to oppose the following: (1) Technical assistance programs or projects of the Agency at the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and at the Pedro Pi Nuclear Research Center. (2) Any other program or project of the Agency in Cuba that is, or could become, a threat to the security of the United States.
(c) Reporting Requirements.-- (1) Request for iaea reports.--The Secretary of State shall direct the United States representative to the International Atomic Energy Agency to request the Director-General of the Agency to submit to the United States all reports prepared with respect to all programs or projects of the Agency that are of concern to the United States, including the programs or projects described in subsection (b). (2) Annual reports to the congress.--Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter, the Secretary of State, in consultation with the United States representative to the International Atomic Energy Agency, shall prepare and submit to the Congress a report containing a description of all programs or projects of the Agency in each country described in section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)).
DEVELOPMENT.
(a) In General.--Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370), as amended by this division, is further amended by adding at the end the following: ``(y)(1) Except as provided in paragraph (2), the President shall withhold from amounts made available under this Act or any other Act and allocated for a country for a fiscal year an amount equal to the aggregate value of nuclear fuel and related assistance and credits provided by that country, or any entity of that country, to Cuba during the preceding fiscal year. ``(2) The requirement to withhold assistance for a country for a fiscal year under paragraph (1) shall not apply if Cuba-- ``(A) has ratified the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco,
and Cuba is in compliance with the requirements of either such Treaty; ``(B) has negotiated and is in compliance with full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and ``(C) incorporates and is in compliance with internationally accepted nuclear safety standards.
``(3) The Secretary of State shall prepare and submit to the Congress each year a report containing a description of the amount of nuclear fuel and related assistance and credits provided by any country, or any entity of a country, to Cuba during the preceding year, including the terms of each transfer of such fuel, assistance, or credits.''. (b) Effective Date.--Section 620(y) of the Foreign Assistance Act of 1961, as added by subsection (a), shall apply with respect to assistance provided in fiscal years beginning on or after the date of the enactment of this Act.
(a) Purposes.--Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at the end the following new sentences: ``United States contributions should be used in a manner that effectively increases employment opportunities in communities with rates of unemployment higher than the local or urban average of unemployment in Northern Ireland. In addition, such contributions should be used to benefit individuals residing in such communities.''. (b) Conditions and Understandings.--Section 5(a) of such Act is amended-- (1) in the first sentence-- (A) by striking ``The United States'' and inserting the following: ``(1) In general.--The United States''; (B) by striking ``in this Act may be used'' and inserting the following: ``in this Act-- ``(A) may be used''; (C) by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(B) should be provided to individuals or entities in Northern Ireland which employ practices consistent with the principles of economic justice.''; and (2) in the second sentence, by striking ``The restrictions'' and inserting the following: ``(2) Additional requirements.--The restrictions''.
(c) Prior Certifications.--Section 5(c)(2) of such Act is amended-- (1) in subparagraph (A), by striking ``in accordance with the principle of equality'' and all that follows and inserting ``to individuals and entities whose practices are consistent with principles of economic justice; and''; and (2) in subparagraph (B), by inserting before the period at the end the following: ``and will create employment opportunities in regions and communities of Northern Ireland suffering from high rates of unemployment''.
(d) Annual Reports.--Section 6 of such Act is amended-- (1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) the extent to which the practices of each individual or entity receiving assistance from United States contributions to the International Fund has been consistent with the principles of economic justice.''.
(e) Requirements Relating to Funds.--Section 7 of such Act is amended by adding at the end the following: ``(c) Prohibition.--Nothing included herein shall require quotas or reverse discrimination or mandate their use.''. (f) Definitions.--Section 8 of such Act is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) the term `principles of economic justice' means the following principles: ``(A) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs. ``(B) Providing adequate security for the protection of minority employees at the workplace. ``(C) Banning provocative sectarian or political emblems from the workplace. ``(D) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups. ``(E) Providing that layoff, recall, and termination procedures do not favor a particular religious group. ``(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion. ``(G) Providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. ``(H) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement. ``(I) Providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in subparagraphs (A) through (H).''.
(a) Assistance for Justice in Iraq.--There are authorized to be appropriated for fiscal year 1998 $3,000,000 for assistance to an international commission to establish an international record for the criminal culpability of Saddam Hussein and other Iraqi officials and for an international criminal tribunal established for the purpose of indicting, prosecuting, and punishing Saddam
Hussein and other Iraqi officials responsible for crimes against humanity, genocide, and other violations of international law. (b) Assistance to the Democratic Opposition in Iraq.--There are authorized to be appropriated for fiscal year 1998 $15,000,000 to provide support for democratic opposition forces in Iraq, of which-- (1) not more than $10,000,000 shall be for assistance to the democratic opposition, including leadership organization, training political cadre, maintaining offices, disseminating information, and developing and implementing agreements among opposition elements; and (2) not more than $5,000,000 of the funds made available under this subsection shall be available only for grants to RFE/ RL, Incorporated, for surrogate radio broadcasting by RFE/RL, Incorporated, to the Iraqi people in the Arabic language, such broadcasts to be designated as ``Radio Free Iraq''.
(c) Assistance for Humanitarian Relief and Reconstruction.--There are authorized to be appropriated for fiscal year 1998 $20,000,000 for the relief, rehabilitation, and reconstruction of people living in Iraq, and communities located in Iraq, who are not under the control of the Saddam Hussein regime. (d) Availability.--Amounts authorized to be appropriated by this section shall be provided in addition to amounts otherwise made available and shall remain available until expended. (e) Notification.--All assistance provided pursuant to this section shall be notified to Congress in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. (f) Relation to Other Laws.--Funds made available to carry out the provisions of this section may be made available notwithstanding any other provision of law. (g) Report.--Not later than 45 days after the date of enactment of this Act, the Secretary of State and the Broadcasting Board of Governors of the United States Information Agency shall submit a detailed report to Congress describing-- (1) the costs, implementation, and plans for the establishment of an international war crimes tribunal described in subsection (a); (2) the establishment of a political assistance program, and the surrogate broadcasting service, as described in subsection (b); and (3) the humanitarian assistance program described in subsection (c).
(a) Findings.--Congress makes the following findings: (1) The United States stands as the beacon of democracy and freedom in the world. (2) A stable and democratic Republic of Serbia is important to the interests of the United States, the international community, and to peace in the Balkans. (3) Democratic forces in the Republic of Serbia are beginning to emerge, notwithstanding the efforts of Europe's longest-standing communist dictator, Slobodan Milosevic. (4) The Serbian authorities have sought to continue to hinder the growth of free and independent news media in
the Republic of Serbia, in particular the broadcast news media, and have harassed journalists performing their professional duties. (5) Under Slobodan Milosevic, the political opposition in Serbia has been denied free, fair, and equal opportunity to participate in the democratic process.
(b) Sense of Congress.--It is the sense of Congress that-- (1) the United States, the international community, nongovernmental organizations, and the private sector should continue to promote the building of democratic institutions and civic society in the Republic of Serbia, help strengthen the independent news media, and press for the Government of the Republic of Serbia to respect the rule of law; and (2) the normalization of relations between the ``Federal Republic of Yugoslavia'' (Serbia and Montenegro) and the United States requires, among other things, that President Milosevic and the leadership of Serbia-- (A) promote the building of democratic institutions, including strengthening the independent news media and respecting the rule of law; (B) promote the respect for human rights throughout the ``Federal Republic of Yugoslavia'' (Serbia and Montenegro); and (C) promote and encourage free, fair, and equal conditions for the democratic opposition in Serbia.
DIVISION--H <<NOTE: Depository Institution-GSE Affiliation Act of 1998. 12 USC 1811 note.>>
This Division may be cited as the ``Depository Institution-GSE Affiliation Act of 1998''.
Section 18(s) of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Student loans.-- ``(A) In general.--This subsection shall not apply to any arrangement between the Holding Company (or any subsidiary of the Holding Company other than the Student Loan Marketing Association) and a depository institution, if the Secretary approves the affiliation and determines that-- ``(i) the reorganization of such Association in accordance with section 440 of the Higher Education Act of 1965, as amended, will not be adversely affected by the arrangement; ``(ii) the dissolution of the Association pursuant to such reorganization will occur before the end of the 2-year period beginning on the date on which such arrangement is consummated or on such earlier date as the Secretary deems appropriate: Provided, That the Secretary may extend this period for not more than 1 year at a time if the Secretary determines that such extension is in the public interest and is
appropriate to achieve an orderly reorganization of the Association or to prevent market disruptions in connection with such reorganization, but no such extensions shall in the aggregate exceed 2 years; ``(iii) the Association will not purchase or extend credit to, or guarantee or provide credit enhancement to, any obligation of the depository institution; ``(iv) the operations of the Association will be separate from the operations of the depository institution; and ``(v) until the `dissolution date' (as that term is defined in section 440 of the Higher Education Act of 1965, as amended) has occurred, such depository institution will not use the trade name or service mark `Sallie Mae' in connection with any product or service it offers if the appropriate Federal banking agency for such depository institution determines that-- ``(I) the depository institution is the only institution offering such product or service using the `Sallie Mae' name; and ``(II) such use would result in the depository institution having an unfair competitive advantage over other depository institutions. ``(B) Terms and conditions.--In approving any arrangement referred to in subparagraph (A) the Secretary may impose any terms and conditions on such an arrangement that the Secretary considers appropriate, including-- ``(i) imposing additional restrictions on the issuance of debt obligations by the Association; or ``(ii) restricting the use of proceeds from the issuance of such debt. ``(C) Additional limitations.--In the event that the Holding Company (or any subsidiary of the Holding Company) enters into such an arrangement, the value of the Association's `investment portfolio' shall not at any time exceed the lesser of-- ``(i) the value of such portfolio on the date of the enactment of this subsection; or ``(ii) the value of such portfolio on the date such an arrangement is consummated. The term `investment portfolio' shall mean all investments shown on the consolidated balance sheet of the Association other than-- ``(I) any instrument or assets described in section 439(d) of the Higher Education Act of 1965, as amended; ``(II) any direct noncallable obligations of the United States or any agency thereof for which the full faith and credit of the United States is pledged; or ``(III) cash or cash equivalents. ``(D) Enforcement.--The terms and conditions imposed under subparagraph (B) may be enforced by the Secretary in accordance with section 440 of the Higher Education Act of 1965. ``(E) Definitions.--For purposes of this paragraph, the following definition shall apply--
``(i) Association; holding company.-- Notwithstanding any provision in section 3, the terms `Association' and `Holding Company' have the same meanings as in section 440(i) of the Higher Education Act of 1965. ``(ii) Secretary.--The term `Secretary' means the Secretary of the Treasury.''.
DIVISION <<NOTE: Chemical Weapons Convention Implementation Act of 1998. 22 USC 6701 note.>> I--CHEMICAL WEAPONS CONVENTION
This Division may be cited as the ``Chemical Weapons Convention Implementation Act of 1998''.
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
Title II—PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
Title III—INSPECTIONS
Title IV—REPORTS
Title V—ENFORCEMENT
Title VI—MISCELLANEOUS PROVISIONS
In this Act:
(1) Chemical weapon.--The term ``chemical weapon'' means the following, together or separately: (A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this Act as long as the type and quantity is consistent with such a purpose. (B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device. (C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B). (2) Chemical weapons convention; convention.--The terms ``Chemical Weapons Convention'' and ``Convention'' mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993. (3) Key component of a binary or multicomponent chemical system.--The term ``key component of a binary or multicomponent chemical system'' means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system. (4) National of the united states.--The term ``national of the United States'' has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (5) Organization.--The term ``Organization'' means the Organization for the Prohibition of Chemical Weapons. (6) Person.--The term ``person'', except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States. (7) Precursor.-- (A) In general.--The term ``precursor'' means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system. (B) List of precursors.--Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. (8) Purposes not prohibited by this act.--The term ``purposes not prohibited by this Act'' means the following: (A) Peaceful purposes.--Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity. (B) Protective purposes.--Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.
(C) Unrelated military purposes.--Any military purpose of the United States that is not connected with the use of a chemical weapon and that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm. (D) Law enforcement purposes.--Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment. (9) Technical secretariat.--The term ``Technical Secretariat'' means the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons established by the Chemical Weapons Convention. (10) Schedule 1 chemical agent.--The term `Schedule 1 chemical agent' means any of the following, together or separately: (A) O-Alkyl (<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.
(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.
(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
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.
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.
(a) Claims for Taking of Property.-- (1) Jurisdiction of courts of the united states.-- (A) United states court of federal claims.--The United States Court of Federal Claims shall, subject to subparagraph (B), have jurisdiction of any civil action or claim against the United States for any taking of property without just compensation that occurs by reason of the action of any officer or employee of the Organization for the Prohibition of Chemical Weapons, including any member of an inspection team of the Technical Secretariat, or by reason of the action of any officer or employee of the United States pursuant to this Act or the Convention. For purposes of this subsection, action taken pursuant to or under the color of this Act or the Convention shall be deemed to be action taken by the United States for a public purpose. (B) District courts.--The district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any civil action or claim described in subparagraph (A) that does not exceed $10,000. (2) Notification.--Any person intending to bring a civil action pursuant to paragraph (1) shall notify the United States National Authority of that intent at least one year before filing the claim in the United States Court of Federal Claims. Action on any claim filed during that one-year period shall be stayed. The one-year period following the notification shall not be counted for purposes of any law limiting the period within which the civil action may be commenced. (3) Initial steps by united states government to seek remedies.--During the period between a notification pursuant to paragraph (2) and the filing of a claim covered by the notification in the United States Court of Federal Claims, the United States National Authority shall pursue all diplomatic and other remedies that the United States National Authority considers necessary and appropriate to seek redress for the claim including, but not limited to, the remedies provided for in the Convention and under this Act. (4) Burden of proof.--In any civil action under paragraph (1), the plaintiff shall have the burden to establish a prima facie case that, due to acts or omissions of any official of the Organization or any member of an inspection team of the Technical Secretariat taken under the color of the Convention, proprietary information of the plaintiff has been divulged or taken without authorization. If the United States Court of Federal Claims finds that the plaintiff has demonstrated such a prima facie case, the burden shall shift to the United States to disprove the plaintiff's claim. In deciding whether
the plaintiff has carried its burden, the United States Court of Federal Claims shall consider, among other things-- (A) the value of proprietary information; (B) the availability of the proprietary information; (C) the extent to which the proprietary information is based on patents, trade secrets, or other protected intellectual property; (D) the significance of proprietary information; and (E) the emergence of technology elsewhere a reasonable time after the inspection.
(b) Tort Liability.--The district courts of the United States shall have exclusive jurisdiction of civil actions for money damages for any tort under the Constitution or any Federal or State law arising from the acts or omissions of any officer or employee of the United States or the Organization, including any member of an inspection team of the Technical Secretariat, taken pursuant to or under color of the Convention or this Act. (c) Waiver of Sovereign Immunity of the United States.--In any action under subsection (a) or (b), the United States may not raise sovereign immunity as a defense. (d) Authority for Cause of Action.-- (1) United states actions in united states district court.-- Notwithstanding any other law, the Attorney General of the United States is authorized to bring an action in the United States District Court for the District of Columbia against any foreign nation for money damages resulting from that nation's refusal to provide indemnification to the United States for any liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat who is a national of that foreign nation acting at the direction or the behest of that foreign nation. (2) United states actions in courts outside the united states.--The Attorney General is authorized to seek any and all available redress in any international tribunal for indemnification to the United States for any liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat, and to seek such redress in the courts of the foreign nation from which the inspector is a national. (3) Actions brought by individuals and businesses.-- Notwithstanding any other law, any national of the United States, or any business entity organized and operating under the laws of the United States, may bring a civil action in a United States District Court for money damages against any foreign national or any business entity organized and operating under the laws of a foreign nation for an unauthorized or unlawful acquisition, receipt, transmission, or use of property by or on behalf of such foreign national or business entity as a result of any tort under the Constitution or any Federal or State law arising from acts or omissions by any officer or employee of the United States or any member of an inspection team of the Technical Secretariat taken pursuant to or under the color of the Convention or this Act.
(e) Recoupment.-- (1) Policy.--It is the policy of the United States to recoup all funds withdrawn from the Treasury of the United States in payment for any tort under Federal or State law or taking
under the Constitution arising from the acts or omissions of any foreign person, officer, or employee of the Organization, including any member of an inspection team of the Technical Secretariat, taken under color of the Chemical Weapons Convention or this Act. (2) Sanctions on foreign companies.-- (A) Imposition of sanctions.--The sanctions provided in subparagraph (B) shall be imposed for a period of not less than ten years upon-- (i) any foreign person, officer, or employee of the Organization, including any member of an inspection team of the Technical Secretariat, for whose actions or omissions the United States has been held liable for a tort or taking pursuant to this Act; and (ii) any foreign person or business entity organized and operating under the laws of a foreign nation which knowingly assisted, encouraged or induced, in any way, a foreign person described in clause (i) to publish, divulge, disclose, or make known in any manner or to any extent not authorized by the Convention any United States confidential business information. (B) Sanctions.-- (i) Arms export transactions.--The United States Government shall not sell to a person described in subparagraph (A) any item on the United States Munitions List and shall terminate sales of any defense articles, defense services, or design and construction services to a person described in subparagraph (A) under the Arms Export Control Act. (ii) Sanctions under export administration act of 1979.--The authorities under section 6 of the Export Administration Act of 1979 shall be used to prohibit the export of any goods or technology on the control list established pursuant to section 5(c)(1) of that Act to a person described in subparagraph (A). (iii) International financial assistance.--The United States shall oppose any loan or financial or technical assistance by international financial institutions in accordance with section 701 of the International Financial Institutions Act to a person described in subparagraph (A). (iv) Export-import bank transactions.--The United States shall not give approval to guarantee, insure, or extend credit, or to participate in the extension of credit to a person described in subparagraph (A) through the Export- Import Bank of the United States. (v) Private bank transactions.--Regulations shall be issued to prohibit any United States bank from making any loan or providing any credit to a person described in subparagraph (A). (vi) Blocking of assets.--The President shall take all steps necessary to block any transactions in any property subject to the jurisdiction of the United States in which a person described in subparagraph (A) has any interest whatsoever, for the purpose of
recouping funds in accordance with the policy in paragraph (1). (vii) Denial of landing rights.--Landing rights in the United States shall be denied to any private aircraft or air carrier owned by a person described in subparagraph (A) except as necessary to provide for emergencies in which the safety of the aircraft or its crew or passengers is threatened. (3) Sanctions on foreign governments.-- (A) Imposition of sanctions.--Whenever the President determines that persuasive information is available indicating that a foreign country has knowingly assisted, encouraged or induced, in any way, a person described in paragraph (2)(A) to publish, divulge, disclose, or make known in any manner or to any extent not authorized by the Convention any United States confidential business information, the President shall, within 30 days after the receipt of such information by the executive branch of Government, notify the Congress in writing of such determination and, subject to the requirements of paragraphs (4) and (5), impose the sanctions provided under subparagraph (B) for a period of not less than five years. (B) Sanctions.-- (i) Arms export transactions.--The United States Government shall not sell a country described in subparagraph (A) any item on the United States Munitions List, shall terminate sales of any defense articles, defense services, or design and construction services to that country under the Arms Export Control Act, and shall terminate all foreign military financing for that country under the Arms Export Control Act. (ii) Denial of certain licenses.--Licenses shall not be issued for the export to the sanctioned country of any item on the United States Munitions List or commercial satellites. (iii) Denial of assistance.--No appropriated funds may be used for the purpose of providing economic assistance, providing military assistance or grant military education and training, or extending military credits or making guarantees to a country described in subparagraph (A). (iv) Sanctions under export administration act of 1979.--The authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit the export of any goods or technology on the control list established pursuant to section 5(c)(1) of that Act to a country described in subparagraph (A). (v) International financial assistance.--The United States shall oppose any loan or financial or technical assistance by international financial institutions in accordance with section 701 of the International Financial Institutions Act to a country described in subparagraph (A). (vi) Termination of assistance under foreign assistance act of 1961.--The United States shall terminate all assistance to a country described in
subparagraph (A) under the Foreign Assistance Act of 1961, except for urgent humanitarian assistance. (vii) Private bank transactions.--The United States shall not give approval to guarantee, insure, or extend credit, or participate in the extension of credit through the Export-Import Bank of the United States to a country described in subparagraph (A). (viii) Private bank transactions.--Regulations shall be issued to prohibit any United States bank from making any loan or providing any credit to a country described in subparagraph (A). (ix) Denial of landing rights.--Landing rights in the United States shall be denied to any air carrier owned by a country described in subparagraph (A), except as necessary to provide for emergencies in which the safety of the aircraft or its crew or passengers is threatened. (4) Suspension of sanctions upon recoupment by payment.-- Sanctions imposed under paragraph (2) or (3) may be suspended if the sanctioned person, business entity, or country, within the period specified in that paragraph, provides full and complete compensation to the United States Government, in convertible foreign exchange or other mutually acceptable compensation equivalent to the full value thereof, in satisfaction of a tort or taking for which the United States has been held liable pursuant to this Act. (5) Waiver of sanctions on foreign countries.--The President may waive some or all of the sanctions provided under paragraph (3) in a particular case if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that such waiver is necessary to protect the national security interests of the United States. The certification shall set forth the reasons supporting the determination and shall take effect on the date on which the certification is received by the Congress. (6) Notification to congress.--Not later than five days after sanctions become effective against a foreign person pursuant to this Act, the President shall transmit written notification of the imposition of sanctions against that foreign person to the chairmen and ranking members of the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (f) Sanctions for Unauthorized Disclosure of United States Confidential Business Information.--The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States any alien who, after the date of enactment of this Act-- (1) is, or previously served as, an officer or employee of the Organization and who has willfully published, divulged, disclosed, or made known in any manner or to any extent not authorized by the Convention any United States confidential business information coming to him in the course of his employment or official duties, or by reason of any examination or investigation of any return, report, or record made to or filed with the Organization, or any officer or employee thereof, such practice or disclosure having resulted in financial loses
or damages to a United States person and for which actions or omissions the United States has been found liable of a tort or taking pursuant to this Act; (2) traffics in United States confidential business information, a proven claim to which is owned by a United States national; (3) is a corporate officer, principal, shareholder with a controlling interest of an entity which has been involved in the unauthorized disclosure of United States confidential business information, a proven claim to which is owned by a United States national; or (4) is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3). (g) United States Confidential Business Information Defined.--In this section, the term ``United States confidential business information'' means any trade secrets or commercial or financial information that is privileged and confidential-- (1) including-- (A) data described in section 304(e)(2) of this Act, (B) any chemical structure, (C) any plant design process, technology, or operating method, (D) any operating requirement, input, or result that identifies any type or quantity of chemicals used, processed, or produced, or (E) any commercial sale, shipment, or use of a chemical, or (2) as described in section 552(b)(4) of title 5, United States Code,
and that is obtained-- (i) from a United States person; or (ii) through the United States Government or the conduct of an inspection on United States territory under the Convention.
Title II—PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
(a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 11A the following new chapter:
``CHAPTER 11B--CHEMICAL WEAPONS
``Sec. ``229. Prohibited activities. ``229A. Penalties. ``229B. Criminal forfeitures; destruction of weapons. ``229C. Individual self-defense devices. ``229D. Injunctions. ``229E. Requests for military assistance to enforce prohibition in certain emergencies. ``229F. Definitions.
``Sec. 229. Prohibited activities
``(a) Unlawful Conduct.--Except as provided in subsection (b), it shall be unlawful for any person knowingly--
``(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or ``(2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).
``(b) Exempted Agencies and Persons.-- ``(1) In general.--Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. ``(2) Exempted persons.--A person referred to in paragraph (1) is-- ``(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or ``(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon.
``(c) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct-- ``(1) takes place in the United States; ``(2) takes place outside of the United States and is committed by a national of the United States; ``(3) is committed against a national of the United States while the national is outside the United States; or ``(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.
``Sec. 229A. Penalties
``(a) Criminal Penalties.-- ``(1) In general.--Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both. ``(2) Death penalty.--Any person who violates section 229 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life.
``(b) Civil Penalties.-- ``(1) In general.--The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation. ``(2) Relation to other proceedings.--The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.
``(c) Reimbursement of Costs.--The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses.
``Sec. 229B. Criminal forfeitures; destruction of weapons
``(a) Property Subject to Criminal Forfeiture.--Any person convicted under section 229A(a) shall forfeit to the United States irrespective of any provision of State law-- ``(1) any property, real or personal, owned, possessed, or used by a person involved in the offense; ``(2) any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(3) any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A(a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A(a), a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. ``(b) Procedures.-- ``(1) General.--Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to-- ``(A) `this subchapter or subchapter II' shall be deemed to be a reference to section 229A(a); and ``(B) `subsection (a)' shall be deemed to be a reference to subsection (a) of this section. ``(2) Temporary restraining orders.-- ``(A) In general.--For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the life or health of any person in danger.
``(B) Warrant of seizure.--If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property. ``(C) Applicable procedures.--The procedures and time limits applicable to temporary restraining orders under section 413(e) (2) and (3) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e) (2) and (3)) shall apply to temporary restraining orders under this paragraph.
``(c) Affirmative Defense.--It is an affirmative defense against a forfeiture under subsection (b) that the property-- ``(1) is for a purpose not prohibited under the Chemical Weapons Convention; and ``(2) is of a type and quantity that under the circumstances is consistent with that purpose.
``(d) Destruction or Other Disposition.--The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section. ``(e) Assistance.--The Attorney General may request the head of any agency of the United States to assist in the handling, storage, transportation, or destruction of property seized under this section. ``(f) Owner Liability.--The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property.
``Sec. 229C. Individual self-defense devices
``Nothing in this chapter shall be construed to prohibit any individual self-defense device, including those using a pepper spray or chemical mace.
``Sec. 229D. Injunctions
``The United States may obtain in a civil action an injunction against-- ``(1) the conduct prohibited under section 229 or 229C of this title; or ``(2) the preparation or solicitation to engage in conduct prohibited under section 229 or 229D of this title.
``Sec. 229E. Requests for military assistance to enforce prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10.
``Sec. 229F. Definitions
``In this chapter: ``(1) Chemical weapon.--The term `chemical weapon' means the following, together or separately:
``(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose. ``(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device. ``(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B). ``(2) Chemical weapons convention; convention.--The terms `Chemical Weapons Convention' and `Convention' mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993. ``(3) Key component of a binary or multicomponent chemical system.--The term `key component of a binary or multicomponent chemical system' means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system. ``(4) National of the united states.--The term `national of the United States' has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). ``(5) Person.--The term `person', except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States. ``(6) Precursor.-- ``(A) In general.--The term `precursor' means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system. ``(B) List of precursors.--Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. ``(7) Purposes not prohibited by this chapter.--The term `purposes not prohibited by this chapter' means the following: ``(A) Peaceful purposes.--Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity. ``(B) Protective purposes.--Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons. ``(C) Unrelated military purposes.--Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent
on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm. ``(D) Law enforcement purposes.--Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment. ``(8) Toxic chemical.-- ``(A) In general.--The term `toxic chemical' means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere. ``(B) List of toxic chemicals.--Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. ``(9) United states.--The term `United States' means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including-- ``(A) any of the places within the provisions of paragraph (41) of section 40102 of title 49, United States Code; ``(B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37), respectively, of section 40102 of title 49, United States Code; and ``(C) any vessel of the United States, as such term is defined in section 3(b) of the Maritime Drug Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b)).''.
(b) Conforming Amendments.-- (1) Weapons of mass destruction.--Section 2332a of title 18, United States Code, is amended-- (A) by striking ``Sec. 2332a. Use of weapons of mass destruction'' and inserting ``Sec. 2332a. Use of certain weapons of mass destruction''; (B) in subsection (a), by inserting ``(other than a chemical weapon as that term is defined in section 229F)'' after ``weapon of mass destruction''; and (C) in subsection (b), by inserting ``(other than a chemical weapon (as that term is defined in section 229F))'' after ``weapon of mass destruction''. (2) Table of chapters.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item for chapter 11A the following new item:
``11B. Chemical Weapons...........................................229''.
(c) Repeals.--The following provisions of law are repealed: (1) Section 2332c of title 18, United States Code, relating to chemical weapons. (2) In the table of sections for chapter 113B of title 18, United States Code, the item relating to section 2332c.
Subtitle B--Revocations of Export Privileges
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
(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.
(a) Authorization of Inspections.--Inspections by the Technical Secretariat of plants, plant sites, or other facilities or locations for which the United States has a facility agreement with the Organization shall be conducted in accordance with the facility agreement. Any such facility agreement may not in any way limit the right of the owner or operator of the facility to withhold consent to an inspection request. (b) Types of Facility Agreements.-- (1) Schedule two facilities.--The United States National Authority shall ensure that facility agreements for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 4 of Article VI of the Convention are concluded unless the owner, operator, occupant, or agent in charge of the facility and the Technical Secretariat agree that such an agreement is not necessary. (2) Schedule three facilities.--The United States National Authority shall ensure that facility agreements are concluded for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, operator, occupant, or agent in charge of the facility. (c) Notification Requirements.--The United States National Authority shall ensure that the owner, operator, occupant, or agent in charge of a facility prior to the development of the agreement relating to that facility is notified and, if the person notified so requests, the person may participate in the preparations for the negotiation of such an agreement. To the maximum extent practicable consistent with the Convention, the owner and the operator,
occupant or agent in charge of a facility may observe negotiations of the agreement between the United States and the Organization concerning that facility. (d) Content of Facility Agreements.--Facility agreements shall-- (1) identify the areas, equipment, computers, records, data, and samples subject to inspection; (2) describe the procedures for providing notice of an inspection to the owner, occupant, operator, or agent in charge of a facility; (3) describe the timeframes for inspections; and (4) detail the areas, equipment, computers, records, data, and samples that are not subject to inspection.
(a) Prohibition.--No inspection of a plant, plant site, or other facility or location in the United States shall take place under the Convention without the authorization of the United States National Authority in accordance with the requirements of this title. (b) Authority.-- (1) Technical secretariat inspection teams.--Any duly designated member of an inspection team of the Technical Secretariat may inspect any plant, plant site, or other facility or location in the United States subject to inspection pursuant to the Convention. (2) United states government representatives.--The United States National Authority shall coordinate the designation of employees of the Federal Government to accompany members of an inspection team of the Technical Secretariat and, in doing so, shall ensure that-- (A) a special agent of the Federal Bureau of Investigation, as designated by the Federal Bureau of Investigation, accompanies each inspection team visit pursuant to paragraph (1); (B) no employee of the Environmental Protection Agency or the Occupational Safety and Health Administration accompanies any inspection team visit conducted pursuant to paragraph (1); and (C) the number of duly designated representatives shall be kept to the minimum necessary. (3) Objections to individuals serving as inspectors.-- (A) In general.--In deciding whether to exercise the right of the United States under the Convention to object to an individual serving as an inspector, the President shall give great weight to his reasonable belief that-- (i) such individual is or has been a member of, or a participant in, any group or organization that has engaged in, or attempted or conspired to engage in, or aided or abetted in the commission of, any terrorist act or activity; (ii) such individual has committed any act or activity which would be a felony under the laws of the United States; or (iii) the participation of such individual as a member of an inspection team would pose a risk to the
national security or economic well-being of the United States. (B) Not subject to judicial review.--Any objection by the President to an individual serving as an inspector, whether made pursuant to this section or otherwise, shall not be reviewable in any court.
(a) Types of Inspections.--Each inspection of a plant, plant site, or other facility or location in the United States under the Convention shall be conducted in accordance with this section and section 305, except where other procedures are provided in a facility agreement entered into under section 302.
(b) Notice.-- (1) In general.--An inspection referred to in subsection (a) may be made only upon issuance of an actual written notice by the United States National Authority to the owner and to the operator, occupant, or agent in charge of the premises to be inspected. (2) Time of Notification.--The notice for a routine inspection shall be submitted to the owner and to the operator, occupant, or agent in charge within six hours of receiving the notification of the inspection from the Technical Secretariat or as soon as possible thereafter. Notice for a challenge inspection shall be provided at any appropriate time determined by the United States National Authority. Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is unable to provide actual written notice to the owner, operator, or agent in charge of the premises. (3) Content of notice.-- (A) In general.--The notice under paragraph (1) shall include all appropriate information supplied by the Technical Secretariat to the United States National Authority concerning-- (i) the type of inspection; (ii) the basis for the selection of the plant, plant site, or other facility or location for the type of inspection sought; (iii) the time and date that the inspection will begin and the period covered by the inspection; and (iv) the names and titles of the inspectors. (B) Special rule for challenge inspections.--In the case of a challenge inspection pursuant to Article IX of the Convention, the notice shall also include all appropriate evidence or reasons provided by the requesting state party to the Convention for seeking the inspection. (4) Separate notices required.--A separate notice shall be provided for each inspection, except that a notice shall not be required for each entry made during the period covered by the inspection. (c) Credentials.--The head of the inspection team of the Technical Secretariat and the accompanying employees of the Federal government shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the premises before the inspection is commenced. (d) Timeframe for Inspections.--Consistent with the provisions of the Convention, each inspection shall be commenced and
completed with reasonable promptness and shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner. (e) Scope.-- (1) In general.--Except as provided in a warrant issued under section 305 or a facility agreement entered into under section 302, an inspection conducted under this title may extend to all things within the premises inspected (including records, files, papers, processes, controls, structures and vehicles) related to whether the requirements of the Convention applicable to such premises have been complied with. (2) Exception.--Unless required by the Convention, no inspection under this title shall extend to-- (A) financial data; (B) sales and marketing data (other than shipment data); (C) pricing data; (D) personnel data; (E) research data; (F) patent data; (G) data maintained for compliance with environmental or occupational health and safety regulations; or (H) personnel and vehicles entering and personnel and personal passenger vehicles exiting the facility. (f) Sampling and Safety.-- (1) In general.--The Director of the United States National Authority is authorized to require the provision of samples to a member of the inspection team of the Technical Secretariat in accordance with the provisions of the Convention. The owner or the operator, occupant or agent in charge of the premises to be inspected shall determine whether the sample shall be taken by representatives of the premises or the inspection team or other individuals present. No sample collected in the United States pursuant to an inspection permitted by this Act may be transferred for analysis to any laboratory outside the territory of the United States. (2) Compliance with regulations.--In carrying out their activities, members of the inspection team of the Technical Secretariat and representatives of agencies or departments accompanying the inspection team shall observe safety regulations established at the premises to be inspected, including those for protection of controlled environments within a facility and for personal safety. (g) Coordination.--The appropriate representatives of the United States, as designated, if present, shall assist the owner and the operator, occupant or agent in charge of the premises to be inspected in interacting with the members of the inspection team of the Technical Secretariat.
(a) In General.--The United States Government shall seek the consent of the owner or the operator, occupant, or agent in charge of the premises to be inspected prior to any inspection referred to in section 304(a). If consent is obtained, a warrant is not required for the inspection. The owner or the operator, occupant, or agent in charge of the premises to be inspected may withhold consent for any reason or no reason. After providing
notification pursuant to subsection (b), the United States Government may seek a search warrant from a United States magistrate judge. Proceedings regarding the issuance of a search warrant shall be conducted ex parte, unless otherwise requested by the United States Government. (b) Routine Inspections.-- (1) Obtaining administrative search warrants.--For any routine inspection conducted on the territory of the United States pursuant to Article VI of the Convention, where consent has been withheld, the United States Government shall first obtain an administrative search warrant from a judge of the United States. The United States Government shall provide to the judge of the United States all appropriate information supplied by the Technical Secretariat to the United States National Authority regarding the basis for the selection of the plant site, plant, or other facility or location for the type of inspection sought. The United States Government shall also provide any other appropriate information available to it relating to the reasonableness of the selection of the plant, plant site, or other facility or location for the inspection. (2) Content of affidavits for administrative search warrants.--The judge of the United States shall promptly issue a warrant authorizing the requested inspection upon an affidavit submitted by the United States Government showing that-- (A) the Chemical Weapons Convention is in force for the United States; (B) the plant site, plant, or other facility or location sought to be inspected is required to report data under title IV of this Act and is subject to routine inspection under the Convention; (C) the purpose of the inspection is-- (i) in the case of any facility owned or operated by a non-Government entity related to Schedule 1 chemical agents, to verify that the facility is not used to produce any Schedule 1 chemical agent except for declared chemicals; quantities of Schedule 1 chemicals produced, processed, or consumed are correctly declared and consistent with needs for the declared purpose; and Schedule 1 chemicals are not diverted or used for other purposes; (ii) in the case of any facility related to Schedule 2 chemical agents, to verify that activities are in accordance with obligations under the Convention and consistent with the information provided in data declarations; and (iii) in the case of any facility related to Schedule 3 chemical agents and any other chemical production facility, to verify that the activities of the facility are consistent with the information provided in data declarations; (D) the items, documents, and areas to be searched and seized; (E) in the case of a facility related to Schedule 2 or Schedule 3 chemical agents or unscheduled discrete organic chemicals, the plant site has not been subject to more than 1 routine inspection in the current calendar
year, and, in the case of facilities related to Schedule 3 chemical agents or unscheduled discrete organic chemicals, the inspection will not cause the number of routine inspections in the United States to exceed 20 in a calendar year; (F) the selection of the site was made in accordance with procedures established under the Convention and, in particular-- (i) in the case of any facility owned or operated by a non-Government entity related to Schedule 1 chemical agents, the intensity, duration, timing, and mode of the requested inspection is based on the risk to the object and purpose of the Convention by the quantities of chemical produced, the characteristics of the facility and the nature of activities carried out at the facility, and the requested inspection, when considered with previous such inspections of the facility undertaken in the current calendar year, shall not exceed the number reasonably required based on the risk to the object and purpose of the Convention as described above; (ii) in the case of any facility related to Schedule 2 chemical agents, the Technical Secretariat gave due consideration to the risk to the object and purpose of the Convention posed by the relevant chemical, the characteristics of the plant site and the nature of activities carried out there, taking into account the respective facility agreement as well as the results of the initial inspections and subsequent inspections; and (iii) in the case of any facility related to Schedule 3 chemical agents or unscheduled discrete organic chemicals, the facility was selected randomly by the Technical Secretariat using appropriate mechanisms, such as specifically designed computer software, on the basis of two weighting factors: (I) equitable geographical distribution of inspections; and (II) the information on the declared sites available to the Technical Secretariat, related to the relevant chemical, the characteristics of the plant site, and the nature of activities carried out there; (G) the earliest commencement and latest closing dates and times of the inspection; and (H) the duration of inspection will not exceed time limits specified in the Convention unless agreed by the owner, operator, or agent in charge of the plant. (3) Content of warrants.--A warrant issued under paragraph (2) shall specify the same matters required of an affidavit under that paragraph. In addition to the requirements for a warrant issued under this paragraph, each warrant shall contain, if known, the identities of the representatives of the Technical Secretariat conducting the inspection and the observers of the inspection and, if applicable, the identities of the representatives of agencies or departments of the United States accompanying those representatives. (4) Challenge inspections.-- (A) Criminal search warrant.--For any challenge inspection conducted on the territory of the United States
pursuant to Article IX of the Chemical Weapons Convention, where consent has been withheld, the United States Government shall first obtain from a judge of the United States a criminal search warrant based upon probable cause, supported by oath or affirmation, and describing with particularity the place to be searched and the person or things to be seized. (B) Information provided.--The United States Government shall provide to the judge of the United States-- (i) all appropriate information supplied by the Technical Secretariat to the United States National Authority regarding the basis for the selection of the plant site, plant, or other facility or location for the type of inspection sought; (ii) any other appropriate information relating to the reasonableness of the selection of the plant, plant site, or other facility or location for the inspection; (iii) information concerning-- (I) the duration and scope of the inspection; (II) areas to be inspected; (III) records and data to be reviewed; and (IV) samples to be taken; (iv) appropriate evidence or reasons provided by the requesting state party for the inspection; (v) any other evidence showing probable cause to believe that a violation of this Act has occurred or is occurring; and (vi) the identities of the representatives of the Technical Secretariat on the inspection team and the Federal Government employees accompanying the inspection team. (C) Content of warrant.--The warrant shall specify-- (i) the type of inspection authorized; (ii) the purpose of the inspection; (iii) the type of plant site, plant, or other facility or location to be inspected; (iv) the areas of the plant site, plant, or other facility or location to be inspected; (v) the items, documents, data, equipment, and computers that may be inspected or seized; (vi) samples that may be taken; (vii) the earliest commencement and latest concluding dates and times of the inspection; and (viii) the identities of the representatives of the Technical Secretariat on the inspection teams and the Federal Government employees accompanying the inspection team.
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.
Consistent with the objective of eliminating chemical weapons, the President may deny a request to inspect any facility in the
United States in cases where the President determines that the inspection may pose a threat to the national security interests of the United States.
(a) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following:
``SEC. 39. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS. ``(a) Prohibition.--A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive any right under the Constitution for any purpose related to Chemical Weapons Convention Implementation Act of 1997 or the Chemical Weapons Convention (as defined in section 3 of such Act). ``(b) Construction.--Nothing in subsection (a) shall be construed to prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections for the purpose of ensuring that the contractor is performing the contract in accordance with the provisions of the contract.''. (b) The table of contents in section 1(b) of such Act is amended by adding at the end the following:
``Sec. 39. Protection of constitutional rights of contractors.''.
(a) In General.--Not later than one year after the date of enactment of this Act, and annually thereafter, the President shall submit a report in classified and unclassified form to the appropriate congressional committees on inspections made under the Convention during the preceding year. (b) Content of Reports.--Each report shall contain the following information for the reporting period: (1) The name of each company or entity subject to the jurisdiction of the United States reporting data pursuant to title IV of this Act. (2) The number of inspections under the Convention conducted on the territory of the United States. (3) The number and identity of inspectors conducting any inspection described in paragraph (2) and the number of inspectors barred from inspection by the United States. (4) The cost to the United States for each inspection described in paragraph (2). (5) The total costs borne by United States business firms in the course of inspections described in paragraph (2). (6) A description of the circumstances surrounding inspections described in paragraph (2), including instances of possible industrial espionage and misconduct of inspectors. (7) The identity of parties claiming loss of trade secrets, the circumstances surrounding those losses, and the efforts taken by the United States Government to redress those losses. (8) A description of instances where inspections under the Convention outside the United States have been disrupted or delayed. (c) Definition.--The term ``appropriate congressional committees'' means the Committee on the Judiciary, the Committee on Foreign Relations, and the Select Committee on Intelligence of
the Senate and the Committee on the Judiciary, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives.
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
NATIONAL AUTHORITY.
(a) Regulations on Recordkeeping.-- (1) Requirements.--The United States National Authority shall ensure that regulations are prescribed that require each person located in the United States who produces, processes, consumes, exports, or imports, or proposes to produce, process, consume, export, or import, a chemical substance that is subject to the Convention to-- (A) maintain and permit access to records related to that production, processing, consumption, export, or import of such substance; and
(B) submit to the Director of the United States National Authority such reports as the United States National Authority may reasonably require to provide to the Organization, pursuant to subparagraph 1(a) of the Annex on Confidentiality of the Convention, the minimum amount of information and data necessary for the timely and efficient conduct by the Organization of its responsibilities under the Convention. (2) Rulemaking.--The Director of the United States National Authority shall ensure that regulations pursuant to this section are prescribed expeditiously.
(b) Coordination.-- (1) Avoidance of duplication.--To the extent feasible, the United States Government shall not require the submission of any report that is unnecessary or duplicative of any report required by or under any other law. The head of each Federal agency shall coordinate the actions of that agency with the heads of the other Federal agencies in order to avoid the imposition of duplicative reporting requirements under this Act or any other law. (2) Definition.--As used in paragraph (1), the term ``Federal agency'' has the meaning given the term ``agency'' in section 551(1) of title 5, United States Code.
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.
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.
(a) Freedom of Information Act Exemption for Certain Convention Information.--Except as provided in subsection (b) or (c), any confidential business information, as defined in section 103(g), reported to, or otherwise acquired by, the United States Government under this Act or under the Convention shall not be disclosed under section 552(a) of title 5, United States Code. (b) Exceptions.-- (1) Information for the technical secretariat.--Information shall be disclosed or otherwise provided to the Technical Secretariat or other states parties to the Chemical Weapons Convention in accordance with the Convention, in particular, the provisions of the Annex on the Protection of Confidential Information. (2) Information for congress.--Information shall be made available to any committee or subcommittee of Congress with appropriate jurisdiction upon the written request of the chairman or ranking minority member of such committee or subcommittee, except that no such committee or subcommittee, and no member and no staff member of such committee or subcommittee, shall disclose such information or material except as otherwise required or authorized by law. (3) Information for enforcement actions.--Information shall be disclosed to other Federal agencies for enforcement of this Act or any other law, and shall be disclosed or otherwise provided when relevant in any proceeding under this Act or any other law, except that disclosure or provision in such a proceeding shall be made in such manner as to preserve confidentiality to the extent practicable without impairing the proceeding.
(c) Information Disclosed in the National Interest.-- (1) Authority.--The United States Government shall disclose any information reported to, or otherwise required by the United States Government under this Act or the Convention, including categories of such information, that it determines is in the national interest to disclose and may specify the form in which such information is to be disclosed. (2) Notice of disclosure.-- (A) Requirement.--If any Department or agency of the United States Government proposes pursuant to paragraph (1) to publish or disclose or otherwise provide information exempt from disclosure under subsection (a), the United States National Authority shall, unless contrary to national security or law enforcement needs, provide notice of intent to disclose the information-- (i) to the person that submitted such information; and (ii) in the case of information about a person received from another source, to the person to whom that information pertains.
The information may not be disclosed until the expiration of 30 days after notice under this paragraph has been provided. (B) Proceedings on objections.--In the event that the person to which the information pertains objects to the disclosure, the agency shall promptly review the grounds for each objection of the person and shall afford
the objecting person a hearing for the purpose of presenting the objections to the disclosure. Not later than 10 days before the scheduled or rescheduled date for the disclosure, the United States National Authority shall notify such person regarding whether such disclosure will occur notwithstanding the objections.
(d) Criminal Penalty for Wrongful Disclosure.--Any officer or employee of the United States, and any former officer or employee of the United States, who by reason of such employment or official position has obtained possession of, or has access to, information the disclosure or other provision of which is prohibited by subsection (a), and who, knowing that disclosure or provision of such information is prohibited by such subsection, willfully discloses or otherwise provides the information in any manner to any person (including any person located outside the territory of the United States) not authorized to receive it, shall be fined under title 18, United States Code, or imprisoned for not more than five years, or both. (e) Criminal Forfeiture.--The property of any person who violates subsection (d) shall be subject to forfeiture to the United States in the same manner and to the same extent as is provided in section 229C of title 18, United States Code, as added by this Act. (f) International Inspectors.--The provisions of this section shall also apply to employees of the Technical Secretariat.
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
(a) Civil.-- (1) Penalty amounts.-- (A) Prohibited acts relating to inspections.--Any person that is determined, in accordance with paragraph (2), to have violated section 306 of this Act shall be required by order to pay a civil penalty in an amount not to exceed $25,000 for each such violation. For purposes of this paragraph, each day such a violation of section 306 continues shall constitute a separate violation of that section. (B) Recordkeeping violations.--Any person that is determined, in accordance with paragraph (2), to have violated section 405 of this Act shall be required by order to pay a civil penalty in an amount not to exceed $5,000 for each such violation. (2) Hearing.--
(A) In general.--Before imposing an order described in paragraph (1) against a person under this subsection for a violation of section 306 or 405, the Secretary of State shall provide the person or entity with notice and, upon request made within 15 days of the date of the notice, a hearing respecting the violation. (B) Conduct of hearing.--Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code. If no hearing is so requested, the Secretary of State's imposition of the order shall constitute a final and unappealable order. (C) Issuance of orders.--If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated section 306 or 405, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (1). (D) Factors for determination of penalty amounts.-- In determining the amount of any civil penalty, the administrative law judge shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, the existence of an internal compliance program, and such other matters as justice may require. (3) Administrative appellate review.--The decision and order of an administrative law judge shall become the final agency decision and order of the head of the United States National Authority unless, within 30 days, the head of the United States National Authority modifies or vacates the decision and order, with or without conditions, in which case the decision and order of the head of the United States National Authority shall become a final order under this subsection. (4) Offsets.--The amount of the civil penalty under a final order of the United States National Authority may be deducted from any sums owed by the United States to the person. (5) Judicial review.--A person adversely affected by a final order respecting an assessment may, within 30 days after the date the final order is issued, file a petition in the Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. (6) Enforcement of orders.--If a person fails to comply with a final order issued under this subsection against the person or entity-- (A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (5), or (B) after a court in an action brought under paragraph (5) has entered a final judgment in favor of the United States National Authority,
the Secretary of State shall file a suit to seek compliance with the order in any appropriate district court of the United States, plus interest at currently prevailing rates calculated from the date of expiration of the 30-day period referred to in paragraph (5) or the date of such final judgment, as the case may be. In any such suit, the validity and appropriateness of the final order shall not be subject to review. (b) Criminal.--Any person who knowingly violates any provision of section 306 or 405 of this Act, shall, in addition to or in lieu of any civil penalty which may be imposed under subsection (a) for such violation, be fined under title 18, United States Code, imprisoned for not more than one year, or both.
(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.
(a) Civil Action.--Any person or entity subject to a search under this Act may file a civil action challenging the constitutionality of any provision of this Act. Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following, the enactment of this Act, the district court shall accord such a case a priority in its disposition ahead of all other civil actions except for actions challenging the legality and conditions of confinement. (b) En Banc Review.--Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following, the enactment of this Act, any appeal from a final order entered by a district court in an action brought under subsection (a) shall be heard promptly by the full Court of Appeals sitting en banc.
Title VI—MISCELLANEOUS PROVISIONS
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.
(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.
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
SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Tax and Trade Relief Extension Act of 1998''.
(b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--
DIVISION J--REVENUES AND MEDICARE
Sec. 1000. Short title; amendment of 1986 Code; table of contents.
Title I—EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS
Title II—OTHER TAX PROVISIONS
Title III—REVENUE OFFSETS
Title IV—TECHNICAL CORRECTIONS
Title V—MEDICARE-RELATED PROVISIONS
Title I—EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS
(a) Temporary Extension.--Paragraph (1) of section 41(h) (relating to termination) is amended-- (1) by striking ``June 30, 1998'' and inserting ``June 30, 1999''; (2) by striking ``24-month'' and inserting ``36-month''; and (3) by striking ``24 months'' and inserting ``36 months''.
(b) Technical Amendment.--Subparagraph (D) of section 45C(b)(1) is amended by striking ``June 30, 1998'' and inserting ``June 30, 1999''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after June 30, 1998.
(a) Temporary Extension.--Subparagraph (B) of section 51(c)(4) (relating to termination) is amended by striking ``June 30, 1998'' and inserting ``June 30, 1999''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after June 30, 1998.
Subsection (f) of section 51A (relating to termination) is amended by striking ``April 30, 1999'' and inserting ``June 30, 1999''.
CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; EXPANDED PUBLIC INSPECTION OF PRIVATE FOUNDATIONS' ANNUAL RETURNS.
(a) Special Rule for Contributions of Stock Made Permanent.-- (1) In general.--Paragraph (5) of section 170(e) is amended by striking subparagraph (D) (relating to termination). (2) Effective date.--The amendment made by paragraph (1) shall apply to contributions made after June 30, 1998.
(b) Expanded Public Inspection of Private Foundations' Annual Returns, Etc.-- (1) In general.--Section 6104 (relating to publicity of information required from certain exempt organizations and certain trusts) is amended by striking subsections (d) and (e) and inserting after subsection (c) the following new subsection:
``(d) Public Inspection of Certain Annual Returns and Applications for Exemption.-- ``(1) In general.--In the case of an organization described in subsection (c) or (d) of section 501 and exempt from taxation under section 501(a)-- ``(A) a copy of--
``(i) the annual return filed under section 6033 (relating to returns by exempt organizations) by such organization, and ``(ii) if the organization filed an application for recognition of exemption under section 501, the exempt status application materials of such organization,
shall be made available by such organization for inspection during regular business hours by any individual at the principal office of such organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office, and ``(B) upon request of an individual made at such principal office or such a regional or district office, a copy of such annual return and exempt status application materials shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs.
The request described in subparagraph (B) must be made in person or in writing. If such request is made in person, such copy shall be provided immediately and, if made in writing, shall be provided within 30 days. ``(2) 3-year limitation on inspection of returns.--Paragraph (1) shall apply to an annual return filed under section 6033 only during the 3-year period beginning on the last day prescribed for filing such return (determined with regard to any extension of time for filing). ``(3) Exceptions from disclosure requirement.-- ``(A) Nondisclosure of contributors, etc.--In the case of an organization which is not a private foundation (within the meaning of section 509(a)), paragraph (1) shall not require the disclosure of the name or address of any contributor to the organization. In the case of an organization described in section 501(d), paragraph (1) shall not require the disclosure of the copies referred to in section 6031(b) with respect to such organization. ``(B) Nondisclosure of certain other information.-- Paragraph (1) shall not require the disclosure of any information if the Secretary withheld such information from public inspection under subsection (a)(1)(D). ``(4) Limitation on providing copies.--Paragraph (1)(B) shall not apply to any request if, in accordance with regulations promulgated by the Secretary, the organization has made the requested documents widely available, or the Secretary determines, upon application by an organization, that such request is part of a harassment campaign and that compliance with such request is not in the public interest. ``(5) Exempt status application materials.--For purposes of paragraph (1), the term `exempt status application materials' means the application for recognition of exemption under section 501 and any papers submitted in support of such application and any letter or other document issued by the Internal Revenue Service with respect to such application.''. (2) Conforming amendments.-- (A) Subsection (c) of section 6033 is amended by adding ``and'' at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2).
(B) Subparagraph (C) of section 6652(c)(1) is amended by striking ``subsection (d) or (e)(1) of section 6104 (relating to public inspection of annual returns)'' and inserting ``section 6104(d) with respect to any annual return''. (C) Subparagraph (D) of section 6652(c)(1) is amended by striking ``section 6104(e)(2) (relating to public inspection of applications for exemption)'' and inserting ``section 6104(d) with respect to any exempt status application materials (as defined in such section)''. (D) Section 6685 is amended by striking ``or (e)''. (E) Section 7207 is amended by striking ``or (e)''. (3) Effective date.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall apply to requests made after the later of December 31, 1998, or the 60th day after the Secretary of the Treasury first issues the regulations referred to in section 6104(d)(4) of the Internal Revenue Code of 1986, as amended by this section. (B) Publication of annual returns.--Section 6104(d) of such Code, as in effect before the amendments made by this subsection, shall not apply to any return the due date for which is after the date such amendments take effect under subparagraph (A).
(a) Income Derived From Banking, Financing, or Similar Businesses.-- Section 954(h) (relating to income derived in the active conduct of banking, financing, or similar businesses) is amended to read as follows: ``(h) Special Rule for Income Derived in the Active Conduct of Banking, Financing, or Similar Businesses.-- ``(1) In general.--For purposes of subsection (c)(1), foreign personal holding company income shall not include qualified banking or financing income of an eligible controlled foreign corporation. ``(2) Eligible controlled foreign corporation.--For purposes of this subsection-- ``(A) In general.--The term `eligible controlled foreign corporation' means a controlled foreign corporation which-- ``(i) is predominantly engaged in the active conduct of a banking, financing, or similar business, and ``(ii) conducts substantial activity with respect to such business. ``(B) Predominantly engaged.--A controlled foreign corporation shall be treated as predominantly engaged in the active conduct of a banking, financing, or similar business if-- ``(i) more than 70 percent of the gross income of the controlled foreign corporation is derived directly from the active and regular conduct of a lending or finance business from transactions with customers which are not related persons, ``(ii) it is engaged in the active conduct of a banking business and is an institution licensed to do business as a bank in the United States (or is any other
corporation not so licensed which is specified by the Secretary in regulations), or ``(iii) it is engaged in the active conduct of a securities business and is registered as a securities broker or dealer under section 15(a) of the Securities Exchange Act of 1934 or is registered as a Government securities broker or dealer under section 15C(a) of such Act (or is any other corporation not so registered which is specified by the Secretary in regulations). ``(3) Qualified banking or financing income.--For purposes of this subsection-- ``(A) In general.--The term `qualified banking or financing income' means income of an eligible controlled foreign corporation which-- ``(i) is derived in the active conduct of a banking, financing, or similar business by-- ``(I) such eligible controlled foreign corporation, or ``(II) a qualified business unit of such eligible controlled foreign corporation, ``(ii) is derived from one or more transactions-- ``(I) with customers located in a country other than the United States, and ``(II) substantially all of the activities in connection with which are conducted directly by the corporation or unit in its home country, and ``(iii) is treated as earned by such corporation or unit in its home country for purposes of such country's tax laws. ``(B) Limitation on nonbanking and nonsecurities businesses.--No income of an eligible controlled foreign corporation not described in clause (ii) or (iii) of paragraph (2)(B) (or of a qualified business unit of such corporation) shall be treated as qualified banking or financing income unless more than 30 percent of such corporation's or unit's gross income is derived directly from the active and regular conduct of a lending or finance business from transactions with customers which are not related persons and which are located within such corporation's or unit's home country. ``(C) Substantial activity requirement for cross border income.--The term `qualified banking or financing income' shall not include income derived from 1 or more transactions with customers located in a country other than the home country of the eligible controlled foreign corporation or a qualified business unit of such corporation unless such corporation or unit conducts substantial activity with respect to a banking, financing, or similar business in its home country. ``(D) Determinations made separately.--For purposes of this paragraph, the qualified banking or financing income of an eligible controlled foreign corporation and each qualified business unit of such corporation shall be determined separately for such corporation and each such unit by taking into account-- ``(i) in the case of the eligible controlled foreign corporation, only items of income, deduction, gain, or
loss and activities of such corporation not properly allocable or attributable to any qualified business unit of such corporation, and ``(ii) in the case of a qualified business unit, only items of income, deduction, gain, or loss and activities properly allocable or attributable to such unit. ``(4) Lending or finance business.--For purposes of this subsection, the term `lending or finance business' means the business of-- ``(A) making loans, ``(B) purchasing or discounting accounts receivable, notes, or installment obligations, ``(C) engaging in leasing (including entering into leases and purchasing, servicing, and disposing of leases and leased assets), ``(D) issuing letters of credit or providing guarantees, ``(E) providing charge and credit card services, or ``(F) rendering services or making facilities available in connection with activities described in subparagraphs (A) through (E) carried on by-- ``(i) the corporation (or qualified business unit) rendering services or making facilities available, or ``(ii) another corporation (or qualified business unit of a corporation) which is a member of the same affiliated group (as defined in section 1504, but determined without regard to section 1504(b)(3)). ``(5) Other definitions.--For purposes of this subsection-- ``(A) Customer.--The term `customer' means, with respect to any controlled foreign corporation or qualified business unit, any person which has a customer relationship with such corporation or unit and which is acting in its capacity as such. ``(B) Home country.--Except as provided in regulations-- ``(i) Controlled foreign corporation.--The term `home country' means, with respect to any controlled foreign corporation, the country under the laws of which the corporation was created or organized. ``(ii) Qualified business unit.--The term `home country' means, with respect to any qualified business unit, the country in which such unit maintains its principal office. ``(C) Located.--The determination of where a customer is located shall be made under rules prescribed by the Secretary. ``(D) Qualified business unit.--The term `qualified business unit' has the meaning given such term by section 989(a). ``(E) Related person.--The term `related person' has the meaning given such term by subsection (d)(3). ``(6) Coordination with exception for dealers.--Paragraph (1) shall not apply to income described in subsection (c)(2)(C)(ii) of a dealer in securities (within the meaning of section 475) which is an eligible controlled foreign corporation described in paragraph (2)(B)(iii). ``(7) Anti-abuse rules.--For purposes of applying this subsection and subsection (c)(2)(C)(ii)--
``(A) there shall be disregarded any item of income, gain, loss, or deduction with respect to any transaction or series of transactions one of the principal purposes of which is qualifying income or gain for the exclusion under this section, including any transaction or series of transactions a principal purpose of which is the acceleration or deferral of any item in order to claim the benefits of such exclusion through the application of this subsection, ``(B) there shall be disregarded any item of income, gain, loss, or deduction of an entity which is not engaged in regular and continuous transactions with customers which are not related persons, ``(C) there shall be disregarded any item of income, gain, loss, or deduction with respect to any transaction or series of transactions utilizing, or doing business with-- ``(i) one or more entities in order to satisfy any home country requirement under this subsection, or ``(ii) a special purpose entity or arrangement, including a securitization, financing, or similar entity or arrangement, if one of the principal purposes of such transaction or series of transactions is qualifying income or gain for the exclusion under this subsection, and ``(D) a related person, an officer, a director, or an employee with respect to any controlled foreign corporation (or qualified business unit) which would otherwise be treated as a customer of such corporation or unit with respect to any transaction shall not be so treated if a principal purpose of such transaction is to satisfy any requirement of this subsection. ``(8) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, subsection (c)(1)(B)(i), subsection (c)(2)(C)(ii), and the last sentence of subsection (e)(2). ``(9) Application.--This subsection, subsection (c)(2)(C)(ii), and the last sentence of subsection (e)(2) shall apply only to the first taxable year of a foreign corporation beginning after December 31, 1998, and before January 1, 2000, and to taxable years of United States shareholders with or within which such taxable year of such foreign corporation ends.''.
(b) Income Derived From Insurance Business.-- (1) Income attributable to issuance or reinsurance.-- (A) In general.--Section 953(a) (defining insurance income) is amended to read as follows:
``(a) Insurance Income.-- ``(1) In general.--For purposes of section 952(a)(1), the term `insurance income' means any income which-- ``(A) is attributable to the issuing (or reinsuring) of an insurance or annuity contract, and ``(B) would (subject to the modifications provided by subsection (b)) be taxed under subchapter L of this chapter if such income were the income of a domestic insurance company. ``(2) Exception.--Such term shall not include any exempt insurance income (as defined in subsection (e)).''.
(B) Exempt insurance income.--Section 953 (relating to insurance income) is amended by adding at the end the following new subsection:
``(e) Exempt Insurance Income.--For purposes of this section-- ``(1) Exempt insurance income defined.-- ``(A) In general.--The term `exempt insurance income' means income derived by a qualifying insurance company which-- ``(i) is attributable to the issuing (or reinsuring) of an exempt contract by such company or a qualifying insurance company branch of such company, and ``(ii) is treated as earned by such company or branch in its home country for purposes of such country's tax laws. ``(B) Exception for certain arrangements.--Such term shall not include income attributable to the issuing (or reinsuring) of an exempt contract as the result of any arrangement whereby another corporation receives a substantially equal amount of premiums or other consideration in respect of issuing (or reinsuring) a contract which is not an exempt contract. ``(C) Determinations made separately.--For purposes of this subsection and section 954(i), the exempt insurance income and exempt contracts of a qualifying insurance company or any qualifying insurance company branch of such company shall be determined separately for such company and each such branch by taking into account-- ``(i) in the case of the qualifying insurance company, only items of income, deduction, gain, or loss, and activities of such company not properly allocable or attributable to any qualifying insurance company branch of such company, and ``(ii) in the case of a qualifying insurance company branch, only items of income, deduction, gain, or loss and activities properly allocable or attributable to such branch. ``(2) Exempt contract.-- ``(A) In general.--The term `exempt contract' means an insurance or annuity contract issued or reinsured by a qualifying insurance company or qualifying insurance company branch in connection with property in, liability arising out of activity in, or the lives or health of residents of, a country other than the United States. ``(B) Minimum home country income required.-- ``(i) In general.--No contract of a qualifying insurance company or of a qualifying insurance company branch shall be treated as an exempt contract unless such company or branch derives more than 30 percent of its net written premiums from exempt contracts (determined without regard to this subparagraph)-- ``(I) which cover applicable home country risks, and ``(II) with respect to which no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(d)(3)).
``(ii) Applicable home country risks.--The term `applicable home country risks' means risks in connection with property in, liability arising out of activity in, or the lives or health of residents of, the home country of the qualifying insurance company or qualifying insurance company branch, as the case may be, issuing or reinsuring the contract covering the risks. ``(C) Substantial activity requirements for cross border risks.--A contract issued by a qualifying insurance company or qualifying insurance company branch which covers risks other than applicable home country risks (as defined in subparagraph (B)(ii)) shall not be treated as an exempt contract unless such company or branch, as the case may be-- ``(i) conducts substantial activity with respect to an insurance business in its home country, and ``(ii) performs in its home country substantially all of the activities necessary to give rise to the income generated by such contract. ``(3) Qualifying insurance company.--The term `qualifying insurance company' means any controlled foreign corporation which-- ``(A) is subject to regulation as an insurance (or reinsurance) company by its home country, and is licensed, authorized, or regulated by the applicable insurance regulatory body for its home country to sell insurance, reinsurance, or annuity contracts to persons other than related persons (within the meaning of section 954(d)(3)) in such home country, ``(B) derives more than 50 percent of its aggregate net written premiums from the issuance or reinsurance by such controlled foreign corporation and each of its qualifying insurance company branches of contracts-- ``(i) covering applicable home country risks (as defined in paragraph (2)) of such corporation or branch, as the case may be, and ``(ii) with respect to which no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(d)(3)), except that in the case of a branch, such premiums shall only be taken into account to the extent such premiums are treated as earned by such branch in its home country for purposes of such country's tax laws, and ``(C) is engaged in the insurance business and would be subject to tax under subchapter L if it were a domestic corporation. ``(4) Qualifying insurance company branch.--The term `qualifying insurance company branch' means a qualified business unit (within the meaning of section 989(a)) of a controlled foreign corporation if-- ``(A) such unit is licensed, authorized, or regulated by the applicable insurance regulatory body for its home country to sell insurance, reinsurance, or annuity contracts to persons other than related persons (within the meaning of section 954(d)(3)) in such home country, and
``(B) such controlled foreign corporation is a qualifying insurance company, determined under paragraph (3) as if such unit were a qualifying insurance company branch. ``(5) Life insurance or annuity contract.--For purposes of this section and section 954, the determination of whether a contract issued by a controlled foreign corporation or a qualified business unit (within the meaning of section 989(a)) is a life insurance contract or an annuity contract shall be made without regard to sections 72(s), 101(f), 817(h), and 7702 if-- ``(A) such contract is regulated as a life insurance or annuity contract by the corporation's or unit's home country, and ``(B) no policyholder, insured, annuitant, or beneficiary with respect to the contract is a United States person. ``(6) Home country.--For purposes of this subsection, except as provided in regulations-- ``(A) Controlled foreign corporation.--The term `home country' means, with respect to a controlled foreign corporation, the country in which such corporation is created or organized. ``(B) Qualified business unit.--The term `home country' means, with respect to a qualified business unit (as defined in section 989(a)), the country in which the principal office of such unit is located and in which such unit is licensed, authorized, or regulated by the applicable insurance regulatory body to sell insurance, reinsurance, or annuity contracts to persons other than related persons (as defined in section 954(d)(3)) in such country. ``(7) Anti-abuse rules.--For purposes of applying this subsection and section 954(i)-- ``(A) the rules of section 954(h)(7) (other than subparagraph (B) thereof) shall apply, ``(B) there shall be disregarded any item of income, gain, loss, or deduction of, or derived from, an entity which is not engaged in regular and continuous transactions with persons which are not related persons, ``(C) there shall be disregarded any change in the method of computing reserves a principal purpose of which is the acceleration or deferral of any item in order to claim the benefits of this subsection or section 954(i), ``(D) a contract of insurance or reinsurance shall not be treated as an exempt contract (and premiums from such contract shall not be taken into account for purposes of paragraph (2)(B) or (3)) if-- ``(i) any policyholder, insured, annuitant, or beneficiary is a resident of the United States and such contract was marketed to such resident and was written to cover a risk outside the United States, or ``(ii) the contract covers risks located within and without the United States and the qualifying insurance company or qualifying insurance company branch does not maintain such contemporaneous records, and file such reports, with respect to such contract as the Secretary may require, ``(E) the Secretary may prescribe rules for the allocation of contracts (and income from contracts) among 2 or more qualifying insurance company branches of a qualifying
insurance company in order to clearly reflect the income of such branches, and ``(F) premiums from a contract shall not be taken into account for purposes of paragraph (2)(B) or (3) if such contract reinsures a contract issued or reinsured by a related person (as defined in section 954(d)(3)). For purposes of subparagraph (D), the determination of where risks are located shall be made under the principles of section 953. ``(8) Coordination with subsection (c).--In determining insurance income for purposes of subsection (c), exempt insurance income shall not include income derived from exempt contracts which cover risks other than applicable home country risks. ``(9) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection and section 954(i). ``(10) Application.--This subsection and section 954(i) shall apply only to the first taxable year of a foreign corporation beginning after December 31, 1998, and before January 1, 2000, and to taxable years of United States shareholders with or within which such taxable year of such foreign corporation ends. ``(11) Cross reference.--
``For income exempt from foreign personal holding company income, see section 954(i).''.
(2) Exemption from foreign personal holding company income.--Section 954 (defining foreign base company income) is amended by adding at the end the following new subsection:
``(i) Special Rule for Income Derived in the Active Conduct of Insurance Business.-- ``(1) In general.--For purposes of subsection (c)(1), foreign personal holding company income shall not include qualified insurance income of a qualifying insurance company. ``(2) Qualified insurance income.--The term `qualified insurance income' means income of a qualifying insurance company which is-- ``(A) received from a person other than a related person (within the meaning of subsection (d)(3)) and derived from the investments made by a qualifying insurance company or a qualifying insurance company branch of its reserves allocable to exempt contracts or of 80 percent of its unearned premiums from exempt contracts (as both are determined in the manner prescribed under paragraph (4)), or ``(B) received from a person other than a related person (within the meaning of subsection (d)(3)) and derived from investments made by a qualifying insurance company or a qualifying insurance company branch of an amount of its assets allocable to exempt contracts equal to-- ``(i) in the case of property, casualty, or health insurance contracts, one-third of its premiums earned on such insurance contracts during the taxable year (as defined in section 832(b)(4)), and ``(ii) in the case of life insurance or annuity contracts, 10 percent of the reserves described in subparagraph (A) for such contracts.
``(3) Principles for determining insurance income.--Except as provided by the Secretary, for purposes of subparagraphs (A) and (B) of paragraph (2)-- ``(A) in the case of any contract which is a separate account-type contract (including any variable contract not meeting the requirements of section 817), income credited under such contract shall be allocable only to such contract, and ``(B) income not allocable under subparagraph (A) shall be allocated ratably among contracts not described in subparagraph (A). ``(4) Methods for determining unearned premiums and reserves.--For purposes of paragraph (2)(A)-- ``(A) Property and casualty contracts.--The unearned premiums and reserves of a qualifying insurance company or a qualifying insurance company branch with respect to property, casualty, or health insurance contracts shall be determined using the same methods and interest rates which would be used if such company or branch were subject to tax under subchapter L, except that-- ``(i) the interest rate determined for the functional currency of the company or branch, and which, except as provided by the Secretary, is calculated in the same manner as the Federal mid-term rate under section 1274(d), shall be substituted for the applicable Federal interest rate, and ``(ii) such company or branch shall use the appropriate foreign loss payment pattern. ``(B) Life insurance and annuity contracts.--The amount of the reserve of a qualifying insurance company or qualifying insurance company branch for any life insurance or annuity contract shall be equal to the greater of-- ``(i) the net surrender value of such contract (as defined in section 807(e)(1)(A)), or ``(ii) the reserve determined under paragraph (5). ``(C) Limitation on reserves.--In no event shall the reserve determined under this paragraph for any contract as of any time exceed the amount which would be taken into account with respect to such contract as of such time in determining foreign statement reserves (less any catastrophe, deficiency, equalization, or similar reserves). ``(5) Amount of reserve.--The amount of the reserve determined under this paragraph with respect to any contract shall be determined in the same manner as it would be determined if the qualifying insurance company or qualifying insurance company branch were subject to tax under subchapter L, except that in applying such subchapter-- ``(A) the interest rate determined for the functional currency of the company or branch, and which, except as provided by the Secretary, is calculated in the same manner as the Federal mid-term rate under section 1274(d), shall be substituted for the applicable Federal interest rate, ``(B) the highest assumed interest rate permitted to be used in determining foreign statement reserves shall
be substituted for the prevailing State assumed interest rate, and ``(C) tables for mortality and morbidity which reasonably reflect the current mortality and morbidity risks in the company's or branch's home country shall be substituted for the mortality and morbidity tables otherwise used for such subchapter. The Secretary may provide that the interest rate and mortality and morbidity tables of a qualifying insurance company may be used for 1 or more of its qualifying insurance company branches when appropriate. ``(6) Definitions.--For purposes of this subsection, any term used in this subsection which is also used in section 953(e) shall have the meaning given such term by section 953.''. (3) Reserves.--Section 953(b) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Reserves for any insurance or annuity contract shall be determined in the same manner as under section 954(i).''.
(c) Special Rules for Dealers.--Section 954(c)(2)(C) is amended to read as follows: ``(C) Exception for dealers.--Except as provided by regulations, in the case of a regular dealer in property which is property described in paragraph (1)(B), forward contracts, option contracts, or similar financial instruments (including notional principal contracts and all instruments referenced to commodities), there shall not be taken into account in computing foreign personal holding company income-- ``(i) any item of income, gain, deduction, or loss (other than any item described in subparagraph (A), (E), or (G) of paragraph (1)) from any transaction (including hedging transactions) entered into in the ordinary course of such dealer's trade or business as such a dealer, and ``(ii) if such dealer is a dealer in securities (within the meaning of section 475), any interest or dividend or equivalent amount described in subparagraph (E) or (G) of paragraph (1) from any transaction (including any hedging transaction or transaction described in section 956(c)(2)(J)) entered into in the ordinary course of such dealer's trade or business as such a dealer in securities, but only if the income from the transaction is attributable to activities of the dealer in the country under the laws of which the dealer is created or organized (or in the case of a qualified business unit described in section 989(a), is attributable to activities of the unit in the country in which the unit both maintains its principal office and conducts substantial business activity).''.
(d) Exemption From Foreign Base Company Services Income.--Paragraph (2) of section 954(e) is amended by inserting ``or'' at the end of subparagraph (A), by striking ``, or'' at the end of subparagraph (B) and inserting a period, by striking subparagraph (C), and by adding at the end the following new flush sentence:
``Paragraph (1) shall also not apply to income which is exempt insurance income (as defined in section 953(e)) or which is not treated as foreign personal holding income by reason of subsection (c)(2)(C)(ii), (h), or (i).''.
(e) Exemption for Gain.--Section 954(c)(1)(B)(i) (relating to net gains from certain property transactions) is amended by inserting ``other than property which gives rise to income not treated as foreign personal holding company income by reason of subsection (h) or (i) for the taxable year'' before the comma at the end.
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
PREFERENCES.
(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ``June 30, 1998'' and inserting ``June 30, 1999''. (b) Effective Date.-- (1) In general.--The amendments made by this section apply to articles entered on or after the date of the enactment of this Act. (2) Retroactive application for certain liquidations and reliquidations.-- (A) General rule.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to paragraph (3), any entry-- (i) of an article to which duty-free treatment under title V of the Trade Act of 1974 would have applied if such entry had been made on July 1, 1998, and such title had been in effect on July 1, 1998, and (ii) that was made-- (I) after June 30, 1998, and (II) before the date of enactment of this Act, shall be liquidated or reliquidated as free of duty, and the Secretary of the Treasury shall refund any duty paid with respect to such entry. (B) Entry.--As used in this paragraph, the term ``entry'' includes a withdrawal from warehouse for consumption. (3) Requests.--Liquidation or reliquidation may be made under paragraph (2) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of enactment of this Act, that contains sufficient information to enable the Customs Service-- (A) to locate the entry; or (B) to reconstruct the entry if it cannot be located.
(a) Assistance for Workers.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended--
(1) in subsection (a), by striking ``for each of'' and all that follows through ``1998,'' and inserting ``for the period beginning October 1, 1998, and ending June 30, 1999,''; and (2) in subsection (b), by striking ``for each of'' and all that follows through ``1998,'' and inserting ``for the period beginning October 1, 1998, and ending June 30, 1999,''.
(b) NAFTA Transitional Program.--Section 250(d)(2) of the Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking ``for any fiscal year shall not exceed $30,000,000'' and inserting ``for the period beginning October 1, 1998, and ending June 30, 1999, shall not exceed $15,000,000''. (c) Adjustment Assistance for Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``for fiscal years'' and all that follows through ``1998'' and inserting ``for the period beginning October 1, 1998, and ending June 30, 1999''. (d) Termination.--Section 285(c) of the Trade Act of 1974 (19 U.S.C. 2271 note preceding) is amended-- (1) in paragraph (1), by striking ``September 30, 1998'' and inserting ``June 30, 1999''; and (2) in paragraph (2)(A), by striking ``the day that is'' and all that follows through ``effective'' and inserting ``June 30, 1999''.
Title II—OTHER TAX PROVISIONS
TAX LIABILITY DURING 1998.
(a) In General.--Subsection (a) of section 26 is amended by adding at the end the following flush sentence: ``For purposes of paragraph (2), the taxpayer's tentative minimum tax for any taxable year beginning during 1998 shall be treated as being zero.'' (b) Conforming Amendment.--Section 24(d)(2) is amended by striking ``The credit'' and inserting ``For taxable years beginning after December 31, 1998, the credit''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.
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.''
(b) Effective Date.-- The amendment made by this section shall apply to taxable years beginning after December 31, 1998.
(a) In General.--The table contained in clause (i) of section 6654(d)(1)(C) (relating to limitation on use of preceding year's tax)
is amended by striking the item relating to 1998, 1999, or 2000 and inserting the following new items:
``1998 105 1999 or 2000 106''.
(b) Effective Date.-- The amendment made by this section shall apply with respect to any installment payment for taxable years beginning after December 31, 1999.
Subtitle B--Provisions Relating to Farmers
Subsection (c) of section 933 of the Taxpayer Relief Act of 1997 is amended by striking ``, and before January 1, 2001''.
(a) In General.-- The options under paragraphs (2) and (3) of section 112(d) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7212(d) (2) and (3)), as in effect on the date of the enactment of this Act, shall be disregarded in determining the taxable year for which any payment under a production flexibility contract under subtitle B of title I of such Act (as so in effect) is properly includible in gross income for purposes of the Internal Revenue Code of 1986.
(b) Effective Date.--Subsection (a) shall apply to taxable years ending after December 31, 1995.
(a) In General.--Paragraph (1) of section 172(b) (relating to net operating loss deduction) is amended by adding at the end the following new subparagraph: ``(G) Farming losses.--In the case of a taxpayer which has a farming loss (as defined in subsection (i)) for a taxable year, such farming loss shall be a net operating loss carryback to each of the 5 taxable years preceding the taxable year of such loss.''.
(b) Farming Loss.--Section 172 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Rules Relating to Farming Losses.--For purposes of this section-- ``(1) In general.--The term `farming loss' means the lesser of-- ``(A) the amount which would be the net operating loss for the taxable year if only income and deductions attributable to farming businesses (as defined in section 263A(e)(4)) are taken into account, or ``(B) the amount of the net operating loss for such taxable year. ``(2) Coordination with subsection (b)(2).--For purposes of applying subsection (b)(2), a farming loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated. ``(3) Election.--Any taxpayer entitled to a 5-year carryback under subsection (b)(1)(G) from any loss year may elect to have the carryback period with respect to such loss year determined without regard to subsection (b)(1)(G). Such election shall be made in such manner as may be prescribed
by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer's return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year.''.
(c) Coordination With Farm Disaster Losses.--Clause (ii) of section 172(b)(1)(F) is amended by adding at the end the following flush sentence: ``Such term shall not include any farming loss (as defined in subsection (i)).''.
(d) Effective Date.--The amendments made by this section shall apply to net operating losses for taxable years beginning after December 31, 1997.
Subtitle C--Miscellaneous Provisions
(a) In General.--Subsection (d) of section 146 (relating to volume cap) is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs: ``(1) In general.--The State ceiling applicable to any State for any calendar year shall be the greater of-- ``(A) an amount equal to the per capita limit for such year multiplied by the State population, or ``(B) the aggregate limit for such year. Subparagraph (B) shall not apply to any possession of the United States. ``(2) Per capita limit; aggregate limit.--For purposes of paragraph (1), the per capita limit, and the aggregate limit, for any calendar year shall be determined in accordance with the following table:
Calendar Year Per Capita Limit Aggregate Limit ---------------------------------------------------------------------------------------------------------------- 1999 through 2002...................... $50 $150,000,000 2003................................... 55 165,000,000 2004................................... 60 180,000,000 2005................................... 65 195,000,000 2006................................... 70 210,000,000 2007 and thereafter.................... 75 225,000,000.''
(b) Effective Date.--The amendment made by this section shall apply to calendar years after 1998.
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.
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
REGULATED INVESTMENT COMPANIES AND REAL ESTATE INVESTMENT TRUSTS.
(a) In General.--Section 332 (relating to complete liquidations of subsidiaries) is amended by adding at the end the following new subsection:
``(c) Deductible Liquidating Distributions of Regulated Investment Companies and Real Estate Investment Trusts.--If a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered under subsection (b) as being in complete liquidation of such company or trust, then, notwithstanding any other provision of this chapter, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution.''. (b) Conforming Amendments.-- (1) The material preceding paragraph (1) of section 332(b) is amended by striking ``subsection (a)'' and inserting ``this section''. (2) Paragraph (1) of section 334(b) is amended by striking ``section 332(a)'' and inserting ``section 332''.
(c) Effective Date.--The amendments made by this section shall apply to distributions after May 21, 1998.
(d) Assumptions.--In making the estimate required for this Act by section 252(d)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, that part of the estimate that measures the change in receipts resulting from the amendments made by this section shall be based on the economic and technical assumptions underlying the supplemental summary of the budget for fiscal year 1999, submitted on May 26, 1998, pursuant to section 1106 of title 31, United States Code, notwithstanding section 252(d)(2)(B).
All other parts of such estimate required by such section 252(d)(2) shall be made pursuant to the requirements of such section 252(d)(2)(B).
(a) In General.--Paragraph (1) of section 4132(a) (defining taxable vaccine) is amended by adding at the end the following new subparagraph: ``(K) Any vaccine against rotavirus gastroenteritis.''.
(b) Effective Date.-- (1) Sales.--The amendment made by this section shall apply to sales after the date of the enactment of this Act. (2) Deliveries.--For purposes of paragraph (1), in the case of sales on or before the date of the enactment of this Act for which delivery is made after such date, the delivery date shall be considered the sale date.
PROCEDURES.
(a) TIN Deemed Incorrect if Information on Return Differs With Agency Records.--Paragraph (2) of section 6213(g) (defining mathematical or clerical error) is amended by adding at the end the following flush sentence: ``A taxpayer shall be treated as having omitted a correct TIN for purposes of the preceding sentence if information provided by the taxpayer on the return with respect to the individual whose TIN was provided differs from the information the Secretary obtains from the person issuing the TIN.''.
(b) Expansion of Mathematical Error Procedures to Cases Where TIN Establishes Individual Not Eligible for Tax Credit.--Paragraph (2) of section 6213(g) is amended by striking ``and'' at the end of subparagraph (J), by striking the period at the end of the subparagraph (K) and inserting ``, and'', and by inserting after subparagraph (K) the following new subparagraph: ``(L) the inclusion on a return of a TIN required to be included on the return under section 21, 24, or 32 if-- ``(i) such TIN is of an individual whose age affects the amount of the credit under such section, and ``(ii) the computation of the credit on the return reflects the treatment of such individual as being of an age different from the individual's age based on such TIN.''.
(c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
(a) In General.--Subparagraph (B) of section 172(f)(1) (defining specified liability loss) is amended to read as follows: ``(B)(i) Any amount allowable as a deduction under this chapter (other than section 468(a)(1) or 468A(a)) which is in satisfaction of a liability under a Federal or State law requiring-- ``(I) the reclamation of land,
``(II) the decommissioning of a nuclear power plant (or any unit thereof), ``(III) the dismantlement of a drilling platform, ``(IV) the remediation of environmental contamination, or ``(V) a payment under any workers compensation act (within the meaning of section 461(h)(2)(C)(i)). ``(ii) A liability shall be taken into account under this subparagraph only if-- ``(I) the act (or failure to act) giving rise to such liability occurs at least 3 years before the beginning of the taxable year, and ``(II) the taxpayer used an accrual method of accounting throughout the period or periods during which such act (or failure to act) occurred.''.
(b) Effective Date.--The amendment made by this section shall apply to net operating losses arising in taxable years ending after the date of the enactment of this Act.
Title IV—TECHNICAL CORRECTIONS
DEFINITIONS; COORDINATION WITH OTHER TITLES.
(a) Definitions.--For purposes of this title-- (1) 1986 code.--The term ``1986 Code'' means the Internal Revenue Code of 1986. (2) 1998 act.--The term ``1998 Act'' means the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105-206). (3) 1997 act.--The term ``1997 Act'' means the Taxpayer Relief Act of 1997 (Public Law 105-34).
(b) Coordination With Other Titles.--For purposes of applying the amendments made by any title of this division other than this title, the provisions of this title shall be treated as having been enacted immediately before the provisions of such other titles.
AND REFORM ACT OF 1998.
(a) Amendment Related to Section 1101 of 1998 Act.--Paragraph (5) of section 6103(h) of the 1986 Code, as added by section 1101(b) of the 1998 Act, is redesignated as paragraph (6). (b) Amendment Related to Section 3001 of 1998 Act.--Paragraph (2) of section 7491(a) of the 1986 Code is amended by adding at the end the following flush sentence: ``Subparagraph (C) shall not apply to any qualified revocable trust (as defined in section 645(b)(1)) with respect to liability for tax for any taxable year ending after the date of the decedent's death and before the applicable date (as defined in section 645(b)(2)).''.
(c) Amendments Related to Section 3201 of 1998 Act.-- (1) Section 7421(a) of the 1986 Code is amended by striking ``6015(d)'' and inserting ``6015(e)''. (2) Subparagraph (A) of section 6015(e)(3) is amended by striking ``of this section'' and inserting ``of subsection (b) or (f)''.
(d) Amendment Related to Section 3301 of 1998 Act.--Paragraph (2) of section 3301(c) of the 1998 Act is amended by striking ``The amendments'' and inserting ``Subject to any applicable
statute of limitation not having expired with regard to either a tax underpayment or a tax overpayment, the amendments''.
(e) Amendment Related to Section 3401 of 1998 Act.--Section 3401(c) of the 1998 Act is amended-- (1) in paragraph (1), by striking ``7443(b)'' and inserting ``7443A(b)''; and (2) in paragraph (2), by striking ``7443(c)'' and inserting ``7443A(c)''.
(f) Amendment Related to Section 3433 of 1998 Act.--Section 7421(a) of the 1986 Code is amended by inserting ``6331(i),'' after ``6246(b),''. (g) Amendment Related to Section 3467 of 1998 Act.--The subsection (d) of section 6159 of the 1986 Code relating to cross reference is redesignated as subsection (e). (h) Amendment Related to Section 3708 of 1998 Act.--Subparagraph (A) of section 6103(p)(3) of the 1986 Code is amended by inserting ``(f)(5),'' after ``(c), (e),''. (i) Amendments Related to Section 5001 of 1998 Act.-- (1) Subparagraph (B) of section 1(h)(13) of the 1986 Code is amended by striking ``paragraph (7)(A)'' and inserting ``paragraph (7)(A)(i)''. (2)(A) Subparagraphs (A)(i)(II), (A)(ii)(II), and (B)(ii) of section 1(h)(13) of the 1986 Code shall not apply to any distribution after December 31, 1997, by a regulated investment company or a real estate investment trust with respect to-- (i) gains and losses recognized directly by such company or trust, and (ii) amounts properly taken into account by such company or trust by reason of holding (directly or indirectly) an interest in another such company or trust to the extent that such subparagraphs did not apply to such other company or trust with respect to such amounts. (B) Subparagraph (A) shall not apply to any distribution which is treated under section 852(b)(7) or 857(b)(8) of the 1986 Code as received on December 31, 1997. (C) For purposes of subparagraph (A), any amount which is includible in gross income of its shareholders under section 852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after December 31, 1997, shall be treated as distributed after such date. (D)(i) For purposes of subparagraph (A), in the case of a qualified partnership with respect to which a regulated investment company meets the holding requirement of clause (iii)-- (I) the subparagraphs referred to in subparagraph (A) shall not apply to gains and losses recognized directly by such partnership for purposes of determining such company's distributive share of such gains and losses, and (II) such company's distributive share of such gains and losses (as so determined) shall be treated as recognized directly by such company. The preceding sentence shall apply only if the qualified partnership provides the company with written documentation of such distributive share as so determined. (ii) For purposes of clause (i), the term ``qualified partnership'' means, with respect to a regulated investment company, any partnership if-- (I) the partnership is an investment company registered under the Investment Company Act of 1940,
(II) the regulated investment company is permitted to invest in such partnership by reason of section 12(d)(1)(E) of such Act or an exemptive order of the Securities and Exchange Commission under such section, and (III) the regulated investment company and the partnership have the same taxable year. (iii) A regulated investment company meets the holding requirement of this clause with respect to a qualified partnership if (as of January 1, 1998)-- (I) the value of the interests of the regulated investment company in such partnership is 35 percent or more of the value of such company's total assets, or (II) the value of the interests of the regulated investment company in such partnership and all other qualified partnerships is 90 percent or more of the value of such company's total assets. (3) Paragraph (13) of section 1(h) of the 1986 Code is amended by adding at the end the following new subparagraph: ``(D) Charitable remainder trusts.--Subparagraphs (A) and (B)(ii) shall not apply to any capital gain distribution made by a trust described in section 664.''
(j) Amendment Related to Section 7004 of 1998 Act.--Clause (i) of section 408A(c)(3)(C) of the 1986 Code, as amended by section 7004 of the 1998 Act, is amended by striking the period at the end of subclause (II) and inserting ``, and''. (k) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the 1998 Act to which they relate.
(a) Amendments Related to Section 202 of 1997 Act.-- (1) Paragraph (2) of section 163(h) of the 1986 Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) any interest allowable as a deduction under section 221 (relating to interest on educational loans).'' (2)(A) Subparagraph (C) of section 221(b)(2) of the 1986 Code is amended-- (i) by striking ``135, 137,'' in clause (i), (ii) by inserting ``135, 137,'' after ``sections 86,'' in clause (ii), and (iii) by striking the last sentence. (B) Sections 86(b)(2)(A), 135(c)(4)(A), and 219(g)(3)(A)(ii) of the 1986 Code are each amended by inserting ``221,'' after ``137,''. (C) Subparagraph (A) of section 137(b)(3) of the 1986 Code is amended by inserting ``221,'' before ``911,''. (D) Clause (iii) of section 469(i)(3)(E) of the 1986 Code is amended to read as follows: ``(iii) the amounts allowable as a deduction under sections 219 and 221, and''. (3) The last sentence of section 221(e)(1) of the 1986 Code is amended by inserting before the period ``or to any person by reason of a loan under any qualified employer plan (as
defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5)''.
(b) Provision Related to Section 311 of 1997 Act.--In the case of any capital gain distribution made after 1997 by a trust to which section 664 of the 1986 Code applies with respect to amounts properly taken into account by such trust during 1997, paragraphs (5)(A)(i)(I), (5)(A)(ii)(I), and (13)(A) of section 1(h) of the 1986 Code (as in effect for taxable years ending on December 31, 1997) shall not apply.
(c) Amendment Related to Section 506 of 1997 Act.--Section 2001(f)(2) of the 1986 Code is amended by adding at the end the following: ``For purposes of subparagraph (A), the value of an item shall be treated as shown on a return if the item is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such item.''.
(d) Amendments Related to Section 904 of 1997 Act.-- (1) Paragraph (1) of section 9510(c) of the 1986 Code is amended to read as follows: ``(1) In general.--Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for-- ``(A) the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on August 5, 1997) for vaccine-related injury or death with respect to any vaccine-- ``(i) which is administered after September 30, 1988, and ``(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time compensation is paid under such subtitle 2, or ``(B) the payment of all expenses of administration (but not in excess of $9,500,000 for any fiscal year) incurred by the Federal Government in administering such subtitle.''. (2) Section 9510(b) of the 1986 Code is amended by adding at the end the following new paragraph: ``(3) Limitation on transfers to vaccine injury compensation trust fund.--No amount may be appropriated to the Vaccine Injury Compensation Trust Fund on and after the date of any expenditure from the Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to-- ``(A) any provision of law which is not contained or referenced in this title or in a revenue Act, and ``(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.''.
(e) Amendments Related to Section 915 of 1997 Act.-- (1) Section 915(b) of the 1997 Act is amended by inserting ``or 1998'' after ``1997''. (2) Paragraph (2) of section 6404(h) of the 1986 Code is amended by inserting ``Robert T. Stafford'' before ``Disaster''.
(f) Amendments Related to Section 1012 of 1997 Act.--
(1) Paragraph (2) of section 351(c) of the 1986 Code, as amended by section 6010(c) of the 1998 Act, is amended by inserting ``, or the fact that the corporation whose stock was distributed issues additional stock,'' after ``dispose of part or all of the distributed stock''. (2) Clause (ii) of section 368(a)(2)(H) of the 1986 Code, as amended by section 6010(c) of the 1998 Act, is amended by inserting ``, or the fact that the corporation whose stock was distributed issues additional stock,'' after ``dispose of part or all of the distributed stock''.
(g) Provision Related to Section 1042 of 1997 Act.--Rules similar to the rules of section 1.1502-75(d)(5) of the Treasury Regulations shall apply with respect to any organization described in section 1042(b) of the 1997 Act.
(h) Amendment Related to Section 1082 of 1997 Act.--Subparagraph (F) of section 172(b)(1) of the 1986 Code is amended by adding at the end the following new clause: ``(iv) Coordination with paragraph (2).--For purposes of applying paragraph (2), an eligible loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated.''
(i) Amendment Related to Section 1084 of 1997 Act.--Paragraph (3) of section 264(f) of the 1986 Code is amended by adding at the end the following flush sentence: ``If the amount described in subparagraph (A) with respect to any policy or contract does not reasonably approximate its actual value, the amount taken into account under subparagraph (A) shall be the greater of the amount of the insurance company liability or the insurance company reserve with respect to such policy or contract (as determined for purposes of the annual statement approved by the National Association of Insurance Commissioners) or shall be such other amount as is determined by the Secretary.''
(j) Amendment Related to Section 1175 of 1997 Act.--Subparagraph (C) of section 954(e)(2) of the 1986 Code is amended by striking ``subsection (h)(8)'' and inserting ``subsection (h)(9)''. (k) Amendment Related to Section 1205 of 1997 Act.--Paragraph (2) of section 6311(d) of the 1986 Code is amended by striking ``under such contracts'' in the last sentence and inserting ``under any such contract for the use of credit, debit, or charge cards for the payment of taxes imposed by subtitle A''.
(l) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the 1997 Act to which they relate.
(a) In General.--Subparagraph (C) of section 172(d)(4) of the 1986 Code is amended to read as follows: ``(C) any deduction for casualty or theft losses allowable under paragraph (2) or (3) of section 165(c) shall be treated as attributable to the trade or business; and''.
(b) Conforming Amendments.-- (1) Paragraph (3) of section 67(b) of the 1986 Code is amended by striking ``for losses described in subsection (c)(3) or (d) of section 165'' and inserting ``for casualty or theft losses
described in paragraph (2) or (3) of section 165(c) or for losses described in section 165(d)''. (2) Paragraph (3) of section 68(c) of the 1986 Code is amended by striking ``for losses described in subsection (c)(3) or (d) of section 165'' and inserting ``for casualty or theft losses described in paragraph (2) or (3) of section 165(c) or for losses described in section 165(d)''. (3) Paragraph (1) of section 873(b) is amended to read as follows: ``(1) Losses.--The deduction allowed by section 165 for casualty or theft losses described in paragraph (2) or (3) of section 165(c), but only if the loss is of property located within the United States.''
(c) Effective Dates.-- (1) The amendments made by subsections (a) and (b)(3) shall apply to taxable years beginning after December 31, 1983. (2) The amendment made by subsection (b)(1) shall apply to taxable years beginning after December 31, 1986. (3) The amendment made by subsection (b)(2) shall apply to taxable years beginning after December 31, 1990.
(a) Inapplicability of Assignment Prohibition.--Section 207 of the Social Security Act (42 U.S.C. 407) is amended by adding at the end the following new subsection: ``(c) Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this title, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person's representative payee.''. (b) Proper Allocation of Costs of Withholding Between the Trust Funds and the General Fund.--Section 201(g) of such Act (42 U.S.C. 401(g)) is amended-- (1) by inserting before the period in paragraph (1)(A)(ii) the following: ``and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons' representative payee''; (2) by inserting before the period at the end of paragraph (1)(A) the following: ``and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons' representative payee''; (3) in paragraph (1)(B)(i)(I), by striking ``subparagraph (A)),'' and inserting ``subparagraph (A)) and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons' representative payee,''; (4) in paragraph (1)(C)(iii), by inserting before the period the following: ``and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by
persons entitled to such benefits or such persons' representative payee''; (5) in paragraph (1)(D), by inserting after ``section 232'' the following: ``and the functions of the Social Security Administration in connection with the withholding of taxes from benefits as described in section 207(c)''; and (6) in paragraph (4), by inserting after the first sentence the following: ``The Board of Trustees of such Trust Funds shall prescribe the method of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons' representative payee.''.
(c) Effective Date.-- The amendments made by subsection (b) shall apply to benefits paid on or after the first day of the second month beginning after the month in which this Act is enacted.
(a) Amendments Related to Section 6103 of 1986 Code.-- (1) Subsection (j) of section 6103 of the 1986 Code is amended by adding at the end the following new paragraph: ``(5) Department of agriculture.--Upon request in writing by the Secretary of Agriculture, the Secretary shall furnish such returns, or return information reflected thereon, as the Secretary may prescribe by regulation to officers and employees of the Department of Agriculture whose official duties require access to such returns or information for the purpose of, but only to the extent necessary in, structuring, preparing, and conducting the census of agriculture pursuant to the Census of Agriculture Act of 1997 (Public Law 105-113).''. (2) Paragraph (4) of section 6103(p) of the 1986 Code is amended by striking ``(j)(1) or (2)'' in the material preceding subparagraph (A) and in subparagraph (F) and inserting ``(j)(1), (2), or (5)''. (3) The amendments made by this subsection shall apply to requests made on or after the date of the enactment of this Act.
(b) Amendment Related to Section 9004 of Transportation Equity Act for the 21st Century.-- (1) Paragraph (2) of section 9503(f) of the 1986 Code is amended to read as follows: ``(2) notwithstanding section 9602(b), obligations held by such Fund after September 30, 1998, shall be obligations of the United States which are not interest-bearing.'' (2) The amendment made by paragraph (1) shall take effect on October 1, 1998.
(c) Clerical Amendments.-- (1) Clause (i) of section 51(d)(6)(B) of the 1986 Code is amended by striking ``rehabilitation plan'' and inserting ``plan for employment''. The reference to ``plan for employment'' in such clause shall be treated as including a reference to the rehabilitation plan referred to in such clause as in effect before the amendment made by the preceding sentence. (2) Paragraph (3) of section 56(a) of the 1986 Code is amended by striking ``section 460(b)(2)'' and inserting ``section
460(b)(1)'' and by striking ``section 460(b)(4)'' and inserting ``section 460(b)(3)''. (3) Paragraph (10) of section 2031(c) of the 1986 Code is amended by striking ``section 2033A(e)(3)'' and inserting ``section 2057(e)(3)''. (4) Subparagraphs (C) and (D) of section 6693(a)(2) of the 1986 Code are each amended by striking ``Section'' and inserting ``section''.
Title V—MEDICARE-RELATED PROVISIONS
LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES.
(a) Increase in Per Beneficiary Limits.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended-- (1) in the first sentence of clause (v), by inserting ``subject to clause (viii)(I),'' before ``the Secretary''; (2) in clause (vi)(I), by inserting ``subject to clauses (viii)(II) and (viii)(III)'' after ``fiscal year 1994''; and (3) by adding at the end the following new clause:
``(viii)(I) In the case of a provider with a 12-month cost reporting period ending in fiscal year 1994, if the limit imposed under clause (v) (determined without regard to this subclause) for a cost reporting period beginning during or after fiscal year 1999 is less than the median described in clause (vi)(I) (but determined as if any reference in clause (v) to `98 percent' were a reference to `100 percent'), the limit otherwise imposed under clause (v) for such provider and period shall be increased by \1/3\ of such difference. ``(II) Subject to subclause (IV), for new providers and those providers without a 12-month cost reporting period ending in fiscal year 1994, but for which the first cost reporting period begins before fiscal year 1999, for cost reporting periods beginning during or after fiscal year 1999, the per beneficiary limitation described in clause (vi)(I) shall be equal to the median described in such clause (determined as if any reference in clause (v) to `98 percent' were a reference to `100 percent'). ``(III) Subject to subclause (IV), in the case of a new provider for which the first cost reporting period begins during or after fiscal year 1999, the limitation applied under clause (vi)(I) (but only with respect to such provider) shall be equal to 75 percent of the median described in clause (vi)(I). ``(IV) In the case of a new provider or a provider without a 12- month cost reporting period ending in fiscal year 1994, subclause (II) shall apply, instead of subclause (III), to a home health agency which filed an application for home health agency provider status under this title before September 15, 1998, or which was approved as a branch of its parent agency before such date and becomes a subunit of the parent agency or a separate agency on or after such date. ``(V) Each of the amounts specified in subclauses (I) through (III) are such amounts as adjusted under clause (iii) to reflect variations in wages among different areas.''.
(b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended-- (1) in subclause (III), by striking ``or''; (2) in subclause (IV)-- (A) by inserting ``and before October 1, 1998,'' after ``October 1, 1997,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new subclause: ``(V) October 1, 1998, 106 percent of such median.''.
(c) One-Year Delay in 15 Percent Reduction in Payment Limits; Change in Timing of Implementation of Prospective Payment System.-- (1) Prospective payment system.--Section 1895 of such Act (42 U.S.C. 1395fff) is amended-- (A) in subsection (a), by striking ``for cost reporting periods beginning on or after October 1, 1999'' and inserting ``for portions of cost reporting periods occurring on or after October 1, 2000''; and (B) in subsection (b)(3)-- (i) in subparagraph (A)(i), by striking ``fiscal year 2000'' and inserting ``fiscal year 2001''; (ii) in subparagraph (A)(ii), by striking ``September 30, 1999'' and inserting ``September 30, 2000''; and (iii) in subparagraph (B)(i), by striking ``fiscal year 2001'' and inserting ``fiscal year 2002''. (2) Change in effective date.--Section 4603(d) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended by striking ``cost reporting periods beginning on or after October 1, 1999'' and inserting ``portions of cost reporting periods occurring on or after October 1, 2000''. (3) Contingency reduction.--Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended-- (A) by striking ``cost reporting periods described in subsection (d), for such cost reporting periods'' and inserting ``portions of cost reporting periods described in subsection (d), for such portions''; and (B) by striking ``September 30, 1999'' and inserting ``September 30, 2000''.
(d) Change in Home Health Market Basket Increase.-- (1) Interim payment system.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by subsection (a)(3), is amended by adding at the end the following:
``(ix) Notwithstanding any other provision of this subparagraph, in updating any limit under this subparagraph by a home health market basket index for cost reporting periods beginning during each of fiscal years 2000, 2001, 2002, and 2003, the update otherwise provided shall be reduced by 1.1 percentage points.''. (2) Prospective payment system.--Section 1895(b)(3)(B) of such Act (42 U.S.C. 1395fff(b)(3)(B)) is amended-- (A) in clause (i), by striking ``home health market basket percentage increase'' and inserting ``home health applicable increase percentage (as defined in clause (ii))''; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following: ``(ii) Home health applicable increase percentage.--For purposes of this subparagraph, the term
`home health applicable increase percentage' means, with respect to-- ``(I) fiscal year 2002 or 2003, the home health market basket percentage increase (as defined in clause (iii)) minus 1.1 percentage points; or ``(II) any subsequent fiscal year, the home health market basket percentage increase.''.
(e) Exclusion of Additional Part B Costs From Determination of Part B Monthly Premium.--Section 1839 of such Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a)(3), by inserting ``(except as provided in subsection (g))'' after ``year that''; and (2) by adding at the end the following new subsection:
``(g) In estimating the benefits and administrative costs which will be payable from the Federal Supplementary Medical Insurance Trust Fund for a year for purposes of determining the monthly premium rate under subsection (a)(3), the Secretary shall exclude an estimate of any benefits and administrative costs attributable to the application of section 1861(v)(1)(L)(viii) or to the establishment under section 1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent of the median (instead of 105 percent of the median), but only to the extent payment for home health services under this title is not being made under section 1895 (relating to prospective payment for home health services).''.
(f) Reports on Summary of Research Conducted by the Secretary on the Prospective Payment System.--By not later than January 1, 1999, the Secretary of Health and Human Services shall submit to Congress a report on the following matters: (1) Research.--A description of any research paid for by the Secretary on the development of a prospective payment system for home health services furnished under the medicare program under title XVIII of the Social Security Act, and a summary of the results of such research. (2) Schedule for implementation of system.--The Secretary's schedule for the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff).
(g) MedPAC Reports.-- (1) Review of secretary's report.--Not later than 60 days after the date the Secretary of Health and Human Services submits to Congress the report under subsection (f), the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6)) shall submit to Congress a report describing the Commission's analysis of the Secretary's report, and shall include the Commission's recommendations with respect to the matters contained in such report. (2) Annual report.--The Commission shall include in its annual report to Congress for June 1999 an analysis of whether changes in law made by the Balanced Budget Act of 1997, as modified by the amendments made by this section, with respect to payments for home health services furnished under the medicare program under title XVIII of the Social Security Act, impede access to such services by individuals entitled to benefits under such program.
(h) GAO Audit of Research Expenditures.--The Comptroller General of the United States shall conduct an audit of sums
obligated or expended by the Health Care Financing Administration for the research described in subsection (f)(1), and of the data, reports, proposals, or other information provided by such research. (i) Prompt Implementation.-- (1) In general.--The Secretary of Health and Human Services shall promptly issue (without regard to chapter 8 of title 5, United States Code) such regulations or program memoranda as may be necessary to effect the amendments made by this section for cost reporting periods beginning during fiscal year 1999. (2) Use of payment amounts and limits from published tables.-- (A) Per beneficiary limits.--In effecting the amendments made by subsection (a) for cost reporting periods beginning in fiscal year 1999, the ``median'' referred to in section 1861(v)(1)(L)(vi)(I) of the Social Security Act for such periods shall be the national standardized per beneficiary limitation specified in Table 3C published in the Federal Register on August 11, 1998 (63 FR 42926) and the ``standardized regional average of such costs'' referred to in section 1861(v)(1)(L)(v)(I) of such Act for a census division shall be the sum of the labor and nonlabor components of the standardized per beneficiary limitation for that census division specified in Table 3B published in the Federal Register on that date (63 FR 42926) (or in Table 3D as so published with respect to Puerto Rico and Guam), and adjusted to reflect variations in wages among different geographic areas as specified in Tables 4a and 4b published in the Federal Register on that date (63 FR 42926-42933). (B) Per visit limits.--In effecting the amendments made by subsection (b) for cost reporting periods beginning in fiscal year 1999, the limits 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
PENALTIES FOR PROVIDING INDUCEMENTS TO BENEFICIARIES.
(a) In General.--Subparagraph (B) of section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a-7a(i)(6)) is amended to read as follows: ``(B) subject to subsection (n), any permissible practice described in any subparagraph of section 1128B(b)(3) or in regulations issued by the Secretary;''.
(b) Special Provisions Concerning a Safe Harbor for Payment of Medigap Premiums of ESRD Beneficiaries.--
(1) 2-year limitation.--Section 1128A of such Act (42 U.S.C. 1320a-7a) is amended by adding at the end the following:
``(n)(1) Subparagraph (B) of subsection (i)(6) shall not apply to a practice described in paragraph (2) unless-- ``(A) the Secretary, through the Inspector General of the Department of Health and Human Services, promulgates a rule authorizing such a practice as an exception to remuneration; and ``(B) the remuneration is offered or transferred by a person under such rule during the 2-year period beginning on the date the rule is first promulgated.
``(2) A practice described in this paragraph is a practice under which a health care provider or facility pays, in whole or in part, premiums for medicare supplemental policies for individuals entitled to benefits under part A of title XVIII pursuant to section 226A.''. (2) GAO study and report on impact of safe harbor on medigap policies.--If a permissible practice is promulgated under section 1128A(n)(1)(A) of the Social Security Act (as added by paragraph (1)), the Comptroller General of the United States shall conduct a study that compares any disproportionate impact on specific issuers of medicare supplemental policies (including the impact on premiums for non- ESRD medicare beneficiaries enrolled in such policies) due to adverse selection in enrolling medicare ESRD beneficiaries before the enactment of the Health Insurance Portability and Accountability Act of 1996 and 1 year after the date of promulgation of such permissible practice under section 1128A(n)(1)(A) of the Social Security Act. Not later than 18 months after the date of promulgation of such practice, the Comptroller General shall submit a report to Congress on such study and shall include in the report recommendations concerning whether the time limitation imposed under section 1128A(n)(1)(B) of such Act should be extended.
(c) Extension of Advisory Opinion Authority.--Section 1128D(b)(2)(A) of such Act (42 U.S.C. 1320a-7d(b)(2)(A)) is amended by inserting ``or section 1128A(i)(6)'' after ``1128B(b)''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.
(e) Interim Final Rulemaking Authority.--The Secretary of Health and Human Services may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment, in order to implement the amendments made by this section in a timely manner.
(a) In General.--Section 1805(c)(1) of the Social Security Act (42 U.S.C. 1395b-6(c)(1)), as added by section 4022 of the Balanced Budget Act of 1997, is amended by striking ``15'' and inserting ``17''. (b) Initial Terms of Additional Members.-- (1) In general.--For purposes of staggering the initial terms of members of the Medicare Payment Advisory Commission (under section 1805(c)(3) of such Act (42 U.S.C. 1395b-6(c)(3)), the initial terms of the two additional members of
the Commission provided for by the amendment under subsection (a) are as follows: (A) One member shall be appointed for one year. (B) One member shall be appointed for two years. (2) Commencement of terms.--Such terms shall begin on May 1, 1999.
Subtitle C--Revenue Offsets
(a) In General.--Section 451 (relating to taxable year for which items of gross income included) is amended by adding at the end the following new subsection: ``(h) Special Rule for Cash Options For Receipt of Qualified Prizes.-- ``(1) In general.--For purposes of this title, in the case of an individual on the cash receipts and disbursements method of accounting, a qualified prize option shall be disregarded in determining the taxable year for which any portion of the qualified prize is properly includible in gross income of the taxpayer. ``(2) Qualified prize option; qualified prize.--For purposes of this subsection-- ``(A) In general.--The term `qualified prize option' means an option which-- ``(i) entitles an individual to receive a single cash payment in lieu of receiving a qualified prize (or remaining portion thereof), and ``(ii) is exercisable not later than 60 days after such individual becomes entitled to the qualified prize. ``(B) Qualified prize.--The term `qualified prize' means any prize or award which-- ``(i) is awarded as a part of a contest, lottery, jackpot, game, or other similar arrangement, ``(ii) does not relate to any past services performed by the recipient and does not require the recipient to perform any substantial future service, and ``(iii) is payable over a period of at least 10 years. ``(3) Partnership, etc.--The Secretary shall provide for the application of this subsection in the case of a partnership or other pass-through entity consisting entirely of individuals described in paragraph (1).''
(b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to any prize to which a person first becomes entitled after the date of enactment of this Act. (2) Transition rule.--The amendment made by this section shall apply to any prize to which a person first becomes entitled on or before the date of enactment of this Act, except that in determining whether an option is a qualified prize option as defined in section 451(h)(2)(A) of the Internal Revenue Code of 1986 (as added by such amendment)-- (A) clause (ii) of such section 451(h)(2)(A) shall not apply, and (B) such option shall be treated as a qualified prize option if it is exercisable only during all or part of the 18-month period beginning on July 1, 1999.
DIVISION K--PAY-AS-YOU-GO PROVISION
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement of the Committee of Conference accompanying Conference Report No. 105-217, legislation in section 103 of Division A and in divisions C through J of this Act that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 were it included in an Act other than an appropriation Act shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the ``Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999''.
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.
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